-------- Original Message --------
Subject: New papers on foreign intelligence surveillance and security/obscurity
Date: Fri, 10 Sep 2004 08:54:31 -0400
From: Peter Swire <[EMAIL PROTECTED]>
To: 'Declan McCullagh' <[EMAIL PROTECTED]>
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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