If the media is understandably going to publish newsworthy stuff, regardless of its provenance, and people are going to continue to use email and other communications that leave a record, what should be done to mitigate risk?
Latest in Secrecy & Leaks
Comey's decision to talk in detail about the Clinton investigation is justifiable. But don't let it become a precedent. When prosecutors and investigators decline to indict someone, they should shut the heck up.
Jim Comey's statement is simultaneously emphatic that Clinton and her staff behaved inappropriately and equally emphatic that no reasonable prosecutor would want to bring a case against them. His reputation for personal probity and apolitical behavior is such that both statements must be taken seriously.
The broken pre-publication review process cannot be fixed on an agency-by-agency basis.
A contrarian take on national security reporting.
The ACLU seeks to join Microsoft’s ongoing challenge to the constitutionality of § 2705(b) of the Electronic Communications Privacy Act.
The House Permanent Select Committee on Intelligence (HPSCI) directs the DNI to clean up pre-publication review.
Most citizens assume that all of the law Congress writes is public. That is not, in fact, true. Our general norm of publishing law has a significant and largely overlooked legislative exception: classified addenda associated with three annual national security acts.
The ACLU has filed a FOIA request seeking information on the prepublication review process and its impact on current and former intelligence community employees who aim to participate in the public debate.
We propose an alternate standard for prepublication review to accommodate the interests of both the reviewed and the reviewer, but the standard still requires significant independent oversight to prevent abuse.