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 Collection: Congressional Research Service Reports
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information. digital.library.unt.edu/ark:/67531/metadc31474/
Criminal Prohibitions on the Publication of Classified Defense Information
This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information. digital.library.unt.edu/ark:/67531/metadc227681/
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information. digital.library.unt.edu/ark:/67531/metadc93844/
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act. digital.library.unt.edu/ark:/67531/metadc93843/
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act. digital.library.unt.edu/ark:/67531/metadc29606/
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization Wikileaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. digital.library.unt.edu/ark:/67531/metadc491198/
Covert Action: Legislative Background and Possible Policy Questions
Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counterterrorism intelligence activities as part of what the Bush Administration termed the global war on terror. Some observers have asserted that the Department of Defense (DOD) may have been conducting certain kinds of counterterrorism intelligence activities that would statutorily qualify as "covert actions," and thus require a presidential finding and the notification of the congressional intelligence committees. This report examines the legislative background surrounding covert action and poses several related policy questions. digital.library.unt.edu/ark:/67531/metadc461909/
"Gang of Four" Congressional Intelligence Notifications
This report reviews the history of the Gang of Four notification process and compares this procedure with that of the "Gang of Eight" notification procedure. The "Gang of Eight" procedure is statutorily based and provides that the chairmen and ranking Members of the intelligence committee, along with the Speaker and minority leader of the House, and Senate majority and minority leaders--rather than the full membership of the intelligence committees-- are to receive prior notice of particularly sensitive covert action programs, if the President determines that limited access to such programs is essential to meet extraordinary circumstances affecting vital U.S. interests. digital.library.unt.edu/ark:/67531/metadc463194/
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses. digital.library.unt.edu/ark:/67531/metadc462371/
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
This report discusses Congressional issues regarding Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated. digital.library.unt.edu/ark:/67531/metadc463134/
Sensitive Covert Action Notifications: Oversight Options for Congress
This report describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examines the impact of such notifications on congressional oversight. digital.library.unt.edu/ark:/67531/metadc463114/
Digital Surveillance: The Communications Assistance for Law Enforcement Act
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. digital.library.unt.edu/ark:/67531/metacrs9149/
Digital Surveillance: The Communications Assistance for Law Enforcement Act
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. digital.library.unt.edu/ark:/67531/metacrs7259/
Smartphone Data Encryption: A Renewed Boundary for Law Enforcement?
This report briefly examines new issues for law enforcement regarding data encryption and smartphones including cyber-criminals and Apple's new privacy policy that removes the back-doors that law enforcement used to be able to use to access user data. digital.library.unt.edu/ark:/67531/metadc462308/
Encryption Export Controls
This report discusses encryption export controls, beginning with background on the development and use of encryption, and continuing with a description of export controls imposed under the Arms Export Control Act (AECA) and the Export Administration Act (EAA); a discussion of recent federal court rulings in First Amendment challenges to AECA and EAA regulations; and a summary of 106th Congress legislation aimed at liberalizing law and policy affecting encryption exports. digital.library.unt.edu/ark:/67531/metacrs1830/
Intelligence Authorization Legislation: Status and Challenges
This report assesses the effects of the absence of intelligence authorization legislation subsequent to FY2005 and indicate the substantial but limited effects of the FY2010 Intelligence Authorization Act (P.L. 111-259) digital.library.unt.edu/ark:/67531/metadc462008/
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
This report discusses Congressional issues regarding Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated. digital.library.unt.edu/ark:/67531/metadc122199/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field. digital.library.unt.edu/ark:/67531/metadc87285/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field. digital.library.unt.edu/ark:/67531/metadc84042/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field. digital.library.unt.edu/ark:/67531/metadc86646/
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records. digital.library.unt.edu/ark:/67531/metadc463419/
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records. digital.library.unt.edu/ark:/67531/metadc463446/
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records. digital.library.unt.edu/ark:/67531/metadc462791/
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records. digital.library.unt.edu/ark:/67531/metadc463207/
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records. digital.library.unt.edu/ark:/67531/metadc462180/
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes. digital.library.unt.edu/ark:/67531/metadc503408/
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes. digital.library.unt.edu/ark:/67531/metadc627051/
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes. digital.library.unt.edu/ark:/67531/metadc627003/
A Joint Committee on Intelligence: Proposals and Options from the 9/11 Commission and Others
This report first describes the current select committees on intelligence and briefly covers the former Joint Committee on Atomic Energy. It then sets forth proposed characteristics for a Joint Committee on Intelligence, their differences, and their pros and cons; it also discusses alternatives for congressional oversight in the field. This report will be updated as events dictate. digital.library.unt.edu/ark:/67531/metacrs5976/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report first describes the current select committees on intelligence and then the former Joint Committee on Atomic Energy, often cited as a model for a counterpart on intelligence. The study also sets forth proposed characteristics for a joint committee on intelligence, differences among these, and their pros and cons. The report examines other actions and alternatives affecting congressional oversight in the field. digital.library.unt.edu/ark:/67531/metadc463049/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report first describes the current select committees on intelligence and then the former Joint Committee on Atomic Energy, often cited as a model for a counterpart on intelligence. The study also sets forth proposed characteristics for a joint committee on intelligence, differences among these, and their pros and cons. The report, to be updated as events dictate, examines other actions and alternatives affecting congressional oversight in the field. digital.library.unt.edu/ark:/67531/metadc463221/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report describes the Select Committees on Intelligence and then the former Joint Committee on Atomic Energy, often cited as a model for a counterpart on intelligence. The study also sets forth proposed characteristics for a joint committee on intelligence, differences among these, and their pros and cons. digital.library.unt.edu/ark:/67531/metadc503567/
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field. digital.library.unt.edu/ark:/67531/metadc505458/
China: Suspected Acquisition of U.S. Nuclear Weapon Secrets
This CRS Report discusses China’s suspected acquisition of U.S. nuclear weapon secrets, including that on the W88, the newest U.S. nuclear warhead, since the late 1970s. This current controversy, began in early 1999, raises policy issues about whether U.S. security is further threatened by the PRC’s suspected use of U.S. nuclear weapon secrets in its development of nuclear forces, as well as whether the Administration’s response to the security problems is effective or mishandled and whether it fairly used or abused its investigative and prosecuting authority. digital.library.unt.edu/ark:/67531/metacrs8458/
China: Suspected Acquisition of U.S. Nuclear Weapon Secrets
This CRS Report discusses China’s suspected acquisition of U.S. nuclear weapon secrets, including that on the W88, the newest U.S. nuclear warhead, since the late 1970s. This current controversy, began in early 1999, raises policy issues about whether U.S. security is further threatened by the PRC’s suspected use of U.S. nuclear weapon secrets in its development of nuclear forces, as well as whether the Administration’s response to the security problems is effective or mishandled and whether it fairly used or abused its investigative and prosecuting authority. digital.library.unt.edu/ark:/67531/metacrs1138/
Security Classification Policy and Procedure: E.O. 12958, as Amended
This report describes security classification policy and procedure, largely prescribed in a series of successive presidential executive orders issued over the past 50 years. This policy provides the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well. digital.library.unt.edu/ark:/67531/metadc29520/
Security Classification Policy and Procedure: E.O. 12958, as Amended
This report describes security classification policy and procedure, largely prescribed in a series of successive presidential executive orders issued over the past 50 years. This policy provides the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well. digital.library.unt.edu/ark:/67531/metadc29519/
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief
This report discusses the legal background associated with the sunset of various provisions of the USA PATRIOT Act and of subsequent related legislation. digital.library.unt.edu/ark:/67531/metadc627218/
Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments
This report focuses on two main National Security Agency (NSA) collection activities approved by the Foreign Intelligence Surveillance Court (FISC) established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications and is targeted at foreigners who are not within the United States, but may also inadvertently acquire the communications of U.S. persons. digital.library.unt.edu/ark:/67531/metadc284472/
Cybersecurity: Selected Legal Issues
This report discusses selected legal issues that frequently arise in the context of recent legislation to address vulnerabilities of critical infrastructure to cyber threats, efforts to protect government networks from cyber threats, and proposals to facilitate and encourage sharing of cyber threat information amongst private sector and government entities. This report also discusses the degree to which federal law may preempt state law. digital.library.unt.edu/ark:/67531/metadc86609/
Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States
This paper summarizes pending legislation relating to domestic intelligence, briefly explains the jurisdiction and functions of MI-5, and describes some of the factors that may be relevant to a discussion regarding the applicability of the MI-5 domestic intelligence model to the United States. digital.library.unt.edu/ark:/67531/metacrs5057/
Homeland Security Intelligence: Perceptions, Statutory Definitions, and Approaches
No Description digital.library.unt.edu/ark:/67531/metacrs9515/
The SSCI Study of the CIA's Detention and Interrogation Program: Issues to Consider
This report briefly discusses issues pertaining to the 500-page Executive Summary of the Senate Select Committee on Intelligence (SSCI) Study of the Central Intelligence Agency's (CIA's) Detention and Interrogation Program, which released to the public on December 9, 2014 describes the history of the CIA's Detention and Interrogation Program from late 2001 to January 2009, including a review of each of the 119 individuals known to have been held in CIA custody. digital.library.unt.edu/ark:/67531/metadc501642/
9/11 Commission Recommendations: Intelligence Budget
This report identifies the main recommendations of the 9/11 Commission with respect to the intelligence budget. This report also describes the intelligence budget process under current law to explain the effect of these recommendations and presents the current budget authorities of the Director of Central Intelligence, as well as budget provisions in two bills, S. 2774 and H.R. 5040, that include all Commission recommendations. digital.library.unt.edu/ark:/67531/metacrs5981/
Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
This report begins with an overview of both the FISC and the FISA Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC's practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles with respect to the various proposals to reform the FISA judicial review process. digital.library.unt.edu/ark:/67531/metadc462811/
Encryption Technology: Congressional Issues
This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes. digital.library.unt.edu/ark:/67531/metacrs728/
Selected Issues in Homeland Security Policy for the 114th Congress
This report outlines an array of homeland security issues that may come before the 114th Congress. After a brief discussion of the definitions of homeland security, the homeland security budget, and the role of homeland security actors in the intelligence community, the report divides the specific issues into four broad categories: Counterterrorism and Security Management, Border Security and Trade, Disaster Preparedness, Response, and Recovery, and DHS Management Issues. digital.library.unt.edu/ark:/67531/metadc626999/
Department of Veteran Affairs: Information Security and Information Technology Management Reorganization
On May 3, 2006, the home of a Department of Veterans Affairs (VA) data analyst was burglarized, resulting in the theft of a laptop computer and an external data storage device that was reported to contain personal information on more than 26 million veterans and United States military personnel. The VA Secretary testified that he was not informed of the incident until May 16, 2006, almost two weeks after the data had been stolen. VA publicly announced the theft on May 22. On June 29, VA announced that the stolen laptop computer and external hard drive had been recovered intact and that, based on a forensic examination conducted by the Federal Bureau of Investigation (FBI), the files on the external hard drive had not been compromised. digital.library.unt.edu/ark:/67531/metacrs9513/
Intelligence Whistleblower Protections: In Brief
This report describes three sources of Intelligence Community (IC) whistleblower protection including the Intelligence Community Whistleblower Protection Act of 1998 (ICWPA), Presidential Policy Directive 19 (PPD-19), and Title VI of the Intelligence Authorization Act for Fiscal Year 2014 (Title VI). Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. In the context of the IC, whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings. digital.library.unt.edu/ark:/67531/metadc491255/
Arms Shipments to Iran
No Description digital.library.unt.edu/ark:/67531/metacrs9063/