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 Collection: Congressional Research Service Reports
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: February 9, 2009
Creator: Cumming, Alfred
Description: This report examines the statutory procedures governing covert action and associated questions to consider. Published reports have suggested that the Pentagon has expanded its counter-terrorism intelligence activities, and 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: September 10, 2010
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: December 6, 2010
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: January 10, 2011
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: June 24, 2013
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: June 26, 2012
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: September 8, 2011
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: October 18, 2010
Creator: Elsea, Jennifer K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Cybersecurity: Selected Legal Issues

Cybersecurity: Selected Legal Issues

Date: March 14, 2012
Creator: Liu, Edward, C.; Stevens, Gina; Ruane, Kathleen Ann; Dolan, Alissa M. & Thompson, Richard M. II
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress

The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress

Date: March 19, 2010
Creator: Randol, Mark A.
Description: This report provides an overview of the DHS IE both at headquarters and within the components. It examines how DHS IE is organized and supports key departmental activities to include homeland security analysis and threat warning; border security; critical infrastructure protection; support to, and the sharing of information with, state, local, tribal, and private sector partners. It also discusses several oversight challenges and options for Congress to consider on these issues.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress

The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress

Date: May 27, 2009
Creator: Randol, Mark A.
Description: This report provides an overview of Department of Homeland Security Intelligence (DHSI) both at headquarters and within the components. It examines how DHSI is organized and supports key departmental activities to include homeland security analysis and threat warning; border security; critical infrastructure protection; and support to, and the sharing of information with, state, local, tribal, and private sector partners. It also discusses several oversight challenges and options that Congress may consider on certain issues.
Contributing Partner: UNT Libraries Government Documents Department
Department of Veteran Affairs: Information Security and Information Technology Management Reorganization

Department of Veteran Affairs: Information Security and Information Technology Management Reorganization

Date: August 14, 2006
Creator: Panangala, Sidath Viranga
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Digital Surveillance: The Communications Assistance for Law Enforcement Act

Digital Surveillance: The Communications Assistance for Law Enforcement Act

Date: August 3, 2005
Creator: Figliola, Patricia Moloney
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Digital Surveillance: The Communications Assistance for Law Enforcement Act

Digital Surveillance: The Communications Assistance for Law Enforcement Act

Date: May 10, 2006
Creator: Figliola, Patricia Moloney
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Director of National Intelligence and Intelligence Analysis

The Director of National Intelligence and Intelligence Analysis

Date: February 11, 2005
Creator: Best Jr., Richard A
Description: The 9/11 Commission made a number of recommendations to improve the quality of intelligence analysis. A key recommendation was the establishment of a Director of National Intelligence (DNI) position to manage the national intelligence effort and serve as the principal intelligence adviser to the President — along with a separate director of the Central Intelligence Agency. Subsequently, the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, made the DNI the principal adviser to the President on intelligence and made the DNI responsible for coordinating communitywide intelligence estimates. Some observers note that separating the DNI from the analytical offices may complicate the overall analytical effort.
Contributing Partner: UNT Libraries Government Documents Department
Director of National Intelligence: Statutory Authorities

Director of National Intelligence: Statutory Authorities

Date: April 11, 2005
Creator: Best Jr., Richard A; Cumming, Alfred & Masse, Todd M
Description: In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) in late 2004, Congress approved the most comprehensive reform of the U.S. Intelligence Community since its establishment over 50 years ago. Principal among enacted changes was the establishment of a new position of the Director of National Intelligence (DNI) to manage the Intelligence Community. Some observers have questioned whether the new statute provides the DNI the necessary authorities to effectively manage the Community.
Contributing Partner: UNT Libraries Government Documents Department
Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States

Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States

Date: May 19, 2003
Creator: Masse, Todd M
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Encryption Export Controls

Encryption Export Controls

Date: January 11, 2001
Creator: Grimmett, Jeanne J
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Encryption Technology: Congressional Issues

Encryption Technology: Congressional Issues

Date: July 9, 1998
Creator: Nunno, Richard M
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
FBI Intelligence Reform Since September 11, 2001: Issues and Options for Congress

FBI Intelligence Reform Since September 11, 2001: Issues and Options for Congress

Date: August 4, 2004
Creator: Cumming, Alfred & Masse, Todd M
Description: None
Contributing Partner: UNT Libraries Government Documents Department
FBI Intelligence Reform Since September 11, 2001: Issues and Options for Congress

FBI Intelligence Reform Since September 11, 2001: Issues and Options for Congress

Date: April 6, 2004
Creator: Cumming, Alfred & Masse, Todd M
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Federal Bureau of Investigation and Terrorism Investigations

The Federal Bureau of Investigation and Terrorism Investigations

Date: April 24, 2013
Creator: Bjelopera, Jerome P.
Description: This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
Contributing Partner: UNT Libraries Government Documents Department
The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

Date: July 7, 2008
Creator: Bazan, Elizabeth B.
Description: This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
Contributing Partner: UNT Libraries Government Documents Department
The Foreign Intelligence Surveillance Act: An Overview of Selected Issues

The Foreign Intelligence Surveillance Act: An Overview of Selected Issues

Date: July 7, 2008
Creator: Bazan, Elizabeth B.
Description: This report briefly outlines some of the perspectives reflected in the ongoing debate related to the Foreign Intelligence Surveillance Act (FISA) focusing on three issues: tension between national security and civil liberties, collection of foreign intelligence information from foreign persons, and limitations on liability for telecommunications providers furnishing aid to the government.
Contributing Partner: UNT Libraries Government Documents Department