-------- Original Message --------
Subject: New papers on foreign intelligence surveillance and
security/obscurity
Date: Fri, 10 Sep 2004 08:54:31 -0400
From: Peter Swire <peter@private>
To: 'Declan McCullagh' <declan@private>
Hi Declan:
My main research for the past while has resulted in two new
papers on secrecy/openness and technology.
(1) "The System of Foreign Intelligence Surveillance Law"
In 2003, for the first time, more surveillance orders were
issued in the United States under the secret wiretap rules of the
Foreign Intelligence Surveillance Act of 1978 (FISA) than for all law
enforcement actions. This article provides the most thorough discussion
to date of the history and theory of the U.S. system of foreign
intelligence surveillance law. It examines the important amendments to
FISA in the USA-PATRIOT Act, most of which sunset at the end of 2005.
It then makes numerous proposals for reform, seeking to achieve both
national security and the rule of law.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=586616
(2) "A Model for When Disclosure Helps Security: What is
Different About Computer and Network Security?"
This article asks the question: When does disclosure actually
help security? The discussion begins with a paradox. Most experts in
computer and network security are familiar with the slogan that there is
no security through obscurity. The Open Source and encryption view is
that revealing the details of a system will actually tend to improve
security, notably due to peer review. In sharp contrast, a famous World
War II slogan says loose lips sink ships. Most experts in the military
and intelligence areas believe that secrecy is a critical tool for
maintaining security. Both cannot be right - disclosure cannot both help
and hurt security. This article presents a systematic way to assess
when disclosure actually helps.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=531782
Thanks,
Peter
Prof. Peter Swire
Moritz College of Law of the
Ohio State University
John Glenn Scholar in Public Policy Research
(240) 994-4142, www.peterswire.net
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