Security and Secrecy

Feb 8, 2016

Top 400 Taxpayers See Tax Rates Rise, But There’s More to the Story

As Americans were gathering party supplies to greet the New Year, the Internal Revenue Service released their annual report of cumulative tax data reported on the 400 tax r...

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Feb 4, 2016

Chlorine Bleach Plants Needlessly Endanger 63 Million Americans

Chlorine bleach plants across the U.S. put millions of Americans in danger of a chlorine gas release, a substance so toxic it has been used as a chemical weapon. Greenpeace’s new repo...

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Jan 25, 2016

U.S. Industrial Facilities Reported Fewer Toxic Releases in 2014

The Toxics Release Inventory (TRI) data for 2014 is now available. The good news: total toxic releases by reporting facilities decreased by nearly six percent from 2013 levels. Howe...

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Jan 22, 2016

Methane Causes Climate Change. Here's How the President Plans to Cut Emissions by 40-45 Percent.

UPDATE (Jan. 22, 2016): Today, the Bureau of Land Management (BLM) released its proposed rule to reduce methane emissions...

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White House Issues Memo on Controlled Unclassified Information

The White House released a memorandum on May 9 establishing new rules governing the designation and sharing of Controlled Unclassified Information (CUI). By creating a single designation and consistent procedures, the memo attempts to resolve the growing problem of multiple Sensitive But Unclassified (SBU) designations, which slow the sharing of information.

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The Rule of Secret Law in the Bush Administration

The Senate Judiciary Subcommittee on the Constitution held a hearing on the proliferation of secret law in the Bush administration. In particular, the subcommittee focused on the role of the Office of Legal Counsel (OLC) in the Justice Department in the development of secret law governing the executive branch.

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Problems Disclosed on Classification Procedures at Intelligence Agencies

A recent report by the Office of the Director of National Intelligence (ODNI) reviews the classification procedures at eight agencies and finds significant problems, which unnecessarily complicate classification procedures and inhibit the free flow of information.

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House Passes Compromise FISA Bill

The House recently rejected the president's request to pass and send to the White House a Senate bill to extend surveillance authority and grant telecommunications companies retroactive immunity for assisting in wiretapping. Instead, on March 14, the House passed the FISA Amendments Act of 2008 (H.R. 3773), which rejects immunity for telecommunications companies and imposes stronger civil liberties safeguards.

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House Forces Expiration of Protect America Act

During the week of Feb. 11, the White House and Democrats in Congress exchanged blows over whether and how to extend the surveillance powers of the Protect America Act of 2007 (PAA). The Senate's approach, the FISA Amendments Act (S. 2248), included a provision granting immunity for telecommunications companies that helped the government monitor citizens through its warrantless wiretapping program. The House leadership, opposed to immunity for telecommunications companies, refused to consider the bill. Instead, House leaders wanted to pass a three-week extension of PAA powers to give themselves time to resolve differences with the Senate, but House Republicans blocked the move. As a result, the PAA expired at midnight Eastern time on Feb. 16. Despite the expiration, the government still has numerous surveillance tools available as debate continues.

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FISA Fight Heats Up in Senate

The Senate is continuing its debate on the Foreign Intelligence Surveillance Act (FISA). On Jan. 31, President Bush signed a 15-day extension of the Protect America Act (PAA) to allow the Senate to further debate and vote on a modified extension of PAA. A provision providing immunity to telecommunications companies remains a contentious issue.

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SBU Gets New Letters and Maybe a Better Policy

The Department of Defense (DoD) is finalizing policies to streamline categories used to restrict technically unclassified documents. The new policy to eliminate the multiple agency-specific "Sensitive But Unclassified" (SBU) procedures and replace them with a common set of "Controlled Unclassified Information" (CUI) standards is currently under presidential review.

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Secrecy Hinders Progress of Terrorism Cases

The secrecy of the government's counterterrorism efforts is impeding the progress of bringing suspected terrorists to trial. In reports from The New York Times and The Washington Post, secret government programs and secret court procedures have slowed cases involving suspected and convicted terrorists.

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Congress Reforming Government Surveillance Authority

Legislation to reform expansive surveillance authority moved forward in both the House and the Senate recently. The House passed the RESTORE Act (H.R. 3773), which would reform the Protect America Act (PAA), passed in haste before Congress's August recess. The Senate Judiciary Committee narrowly passed the FISA Amendments Act of 2007 (S. 2248) without telecom immunity provisions that were included in the Senate Intelligence Committee bill, setting up a confusing situation that makes it unclear which version will be sent to the Senate floor for consideration.

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Senate Judiciary Committee Skeptical of Telecom Immunity

As the Senate considers legislation to address the president's surveillance powers, the Senate Judiciary Committee registered concern regarding the recent compromise brokered in the Senate Intelligence Committee to grant the telecommunications industry immunity for alleged illegal assistance with the National Security Agency's (NSA) warrantless surveillance of American citizens. Sens. Patrick Leahy (D-VT) and Arlen Specter (R-PA), respectively, chairman and ranking member of the Senate Judiciary Committee, stated that immunity did not appear to be necessary, and that those alleging harm should have their day in court.

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