Volume 17, Issue 2: Spies, Secrets, and Security (The New Law of Intelligence)

Articles

Analysts & Policymakers: A Confusion of Roles?

Given the state of technological development and the complexity of threats to United States national security, the Intelligence Community (IC) is of increasing importance. Specifically, the IC is under greater scrutiny after many questioned the political influences on intelligence analysts, namely in regards to their findings on weapons of mass destruction in foreign countries. Read more about Analysts & Policymakers: A Confusion of Roles?

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 241
  • Article

Calling a Truce in the Culture Wars: From Enron to the CIA

After the 9/11 intelligence failure, Congress sought to tear down the obstacles between varying agencies in the intelligence community to promote greater availability of information. However, Congress quickly acted to restore these walls after the Enron market failure due to too few barriers between various actors in the company. In both failures, Congress responded by changing culture although the cultural reforms were approached in different fashions. Read more about Calling a Truce in the Culture Wars: From Enron to the CIA

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 277
  • Article

Legal Echoes: The National Security Act of 1947 and the Intelligence Reform and Terrorism Prevention Act of 2004

With the nature of politics in the United States, only certain events have the ability to incite large magnitudes of change. This has occurred twice in the intelligence field: in 1947 with the passage of the National Security Act and in 2004 with the passage of the Intelligence Reform and Terrorism Prevention Act. This Article discusses the parallels between these two huge legislative changes and examines the barriers—cultural and institutional—that make it difficult to reform regardless of the threat.  Read more about Legal Echoes: The National Security Act of 1947 and the Intelligence Reform and Terrorism Prevention Act of 2004

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 303
  • Article

Towards a New Definition of Intelligence

While there are varying opinions on what is most problematic about the United States intelligence community, the fundamental problem is a lack of a coherent definition of intelligence. Numerous sources, including federal law and agency mission statements, attempt to define intelligence but remain vague or contradictory. This Article argues for a coherent definition that all business intelligence and law enforcement activities should revolve around. Read more about Towards a New Definition of Intelligence

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 319
  • Article

Law and Policy Efforts to Balance Security, Privacy and Civil Liberties in Post-9/11 America

This Article does not offer a comprehensive detailing of national security, privacy, and civil liberties law, and policy but rather provides a view of key episodes and themes in the effort to strike an appropriate balance among these equally compelling interests. The Article contends that the United States can fight terrorism aggressively without cannibalizing fundamental freedoms in the process. Read more about Law and Policy Efforts to Balance Security, Privacy and Civil Liberties in Post-9/11 America

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 331
  • Article

Of Secrets and Spies: Strengthening the Public’s Right to Know About the CIA

This Article asserts that the CIA’s ability to deny Freedom of Information Act (FOIA) requests should be sharply circumscribed in accordance with a new information paradigm of maximum dissemination as established in the Act. Part I discusses the FOIA, its statutory exemptions, and its legislative history. Part II examines the Sims decision and argues that the Court’s ruling contravened Congress’s intent to require the fullest disclosure possible under the FOIA. Read more about Of Secrets and Spies: Strengthening the Public’s Right to Know About the CIA

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 353
  • Article

Federalism and Antiterrorism Investigations

This Article argues that the amendment of state bar codes could present a viable means of exerting state control over federal antiterrorism. The Article also suggests an amendment to states’ bar codes that would help ensure that all prosecutors respect the civil liberties of suspects they investigate and that the Supremacy Clause does not thwart the application of this new rule to federal prosecutors.  Read more about Federalism and Antiterrorism Investigations

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 391
  • Article

Comments

Introduction

The gathering of intelligence in the United States has always triggered numerous issues, including whether it is necessary for the information to be provided to the public and when and what to pursue investigating. Despite these reasons, the public typically leaves intelligence to the officials. But since intelligence failures in pursuing the Iraqi regime under Saddam Hussein and the devastating September 11, 2001 tragedy, the public is dissatisfied with being ignorant to these matters. Read more about Introduction

  • April 2006
  • 17 Stan.L.& Pol'y Rev. 233
  • Comment