Beyond national security, the emergence of a digital reason of state(s) led by transnational guilds of sensitive information: the case of the Five Eyes Plus network

Author(s):  
Didier Bigo
The Last Card ◽  
2019 ◽  
pp. 328-343
Author(s):  
Richard H. Immerman

This chapter argues—using the Eisenhower administration as a model of peacetime national security decision making—that the surge decision-making process displayed by the oral histories was idiosyncratic, excessively compartmentalized, and profoundly flawed. No president since Dwight D. Eisenhower has fully adopted his model, and each has tailored procedures appropriate for his needs. The Bush process had to take into account his lack of expertise in military affairs, an increasingly polarized political climate, the legacy of the Vietnam War, the proliferation of leaks of sensitive information in the new media age, the resistance of the uniformed military leadership, and most important, Rumsfeld. Administration insiders argue that for these reasons Bush jettisoned fundamental tenets of Eisenhower's system in an effort to make a virtue out of necessity. Yet the evidence suggests that Eisenhower's best practices are just that—best practices. It further suggests that their rigorous application would have benefited Bush's process by expediting the instigation of a comprehensive review, co-opting opponents of a change in strategy, mitigating politicization, facilitating the exchange of information and advice, and accelerating implementation.


Author(s):  
David A. Strauss

Disclosures of sensitive national security information can be damaging to the nation, but they can also be indispensable to democracy—sometimes both at once. The Pentagon Papers case established an equilibrium, in which the government could prevent leaks but could not prevent the publication of leaked information. Recent developments have undermined that equilibrium, so new measures are needed to protect the vitally important interests on both sides. This essay explores drafting a new statute that determines when leaking or publishing leaked information should be a crime. What information should be protected? How much does intent matter? How should the law distinguish between individuals to whom the government has entrusted sensitive information and individuals or entities with no connection to the government but that have come into possession of information, without authorization, which they then publicize? The essay proposes reform options reform and identifies strengths and problems with various approaches.


2011 ◽  
Vol 16 (2) ◽  
pp. 405 ◽  
Author(s):  
Luke Beck

The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covenant on Civil and Political Rights to which Australia is a party. The conclusion is that the legislation is consistent with that right.


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