Secrecy: Press Subpoenas

Latest in Secrecy: Press Subpoenas

Secrecy: Leaks Prosecutions

CA4 Opinion in U.S. v. Sterling: No 1st Am, Common Law Journalist's Privilege for James Risen

It's a big news day in national security law for all kinds of reasons---one being today's opinion from the Fourth Circuit in United States v. Sterling.  

That, of course, is the prosecution against a former CIA officer under, among other things, Sections 793(d) and (3) of the Espionage Act.

Secrecy: Leaks Prosecutions

Can You Understand These Data Collection Stories Without Understanding the Minimization Procedures?

Four comments on today's Washington Post story (and the Verizon story on domestic and foreign data collection):

First, today's Post story reminded me of this very interesting 2008 post from David Kris.  It is worth re-reading now.

Secrecy & Leaks

Carrie Cordero on AP Subpoenas

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law:

In light of the hysteria over reports that the Department of Justice subpoenaed AP records during the course of a leak investigation, it might be useful to step back and keep in mind what the law actually is when it comes to telephone records (also known as toll records and dialed digits), regardless of whose reco

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