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Location: UFOUpDatesList.Com > 2005 > Jan > Jan 27

Secrecy News -- 01/26/05

From: Steven Aftergood <saftergood.nul>
Date: Wed, 26 Jan 2005 13:00:20 -0500
Fwd Date: Thu, 27 Jan 2005 16:31:04 -0500
Subject: Secrecy News -- 01/26/05


SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2005, Issue No. 9
January 26, 2005


**	YET ANOTHER STATE SECRETS CASE
**	STRATEGIC SUPPORT TEAMS AND VITAL ARCHER
**	US SMALL ARMS SHIPMENTS DATABASE
**	DOE CIVIL PENALTIES FOR CLASSIFIED INFO DISCLOSURES
**	US ARMY NUCLEAR AND CHEMICAL AGENCY
**	EVEN MORE CRS PRODUCTS
**	THANKS TO THE OMIDYAR NETWORK


YET ANOTHER STATE SECRETS CASE

The Bush Administration has invoked the state secrets privilege
in at least one other pending lawsuit in addition to the Maher
Arar and Sibel Edmonds cases noted in Secrecy News yesterday.

In 2003, the Central Intelligence Agency claimed the state
secrets privilege in moving for dismissal of a lawsuit brought
by Jeffrey Sterling, a former CIA officer who alleged that he
was the victim of racial discrimination by the Agency.  That
case, Sterling v. Tenet, remains on appeal today.

In a December 2004 brief by Sterling's attorney, Mark S. Zaid,
the appropriate use of the state secrets privilege was one of
the questions placed before the court.  A copy of the brief (56
pages, 2.1 MB PDF file) is here:

http://www.fas.org/sgp/jud/sterling1204.pdf

Last week, several public interest groups and 9/11 family
organizations filed an amicus brief in support of FBI
whistleblower Sibel Edmonds.  That brief, prepared by Michael
Kirkpatrick of Public Citizen and David Vladeck of Georgetown
University, is here:

http://www.citizen.org/documents/edmondsamicus.pdf


STRATEGIC SUPPORT TEAMS AND VITAL ARCHER

The Pentagon held a background briefing this week to describe
the military intelligence units known as Strategic Support Teams
that have been providing intelligence collection support and
other intelligence services to the military.

The briefing was prompted by, and substantially confirmed, a
January 23 Washington Post story by Barton Gellman that first
reported the existence of the Strategic Support Branch, a
component of the Defense Intelligence Agency.  See the January
24 Pentagon briefing transcript here:

http://www.fas.org/irp/news/2005/01/dod012405.html

Meanwhile, more official documents on defense and intelligence
continue to migrate from author William M. Arkin's capacious
filing cabinet on to the web in support of his new book Code
Names.

The latest revelation is a PowerPoint slide that elliptically
describes a 2005 U.S. military exercise known as VITAL ARCHER,
involving special operations and homeland defense.  See "Vital
Archer 05" linked from this page:

http://www.codenames.org/documents.html


US SMALL ARMS SHIPMENTS DATABASE

A database of small arms and light weapons transferred by the
United States to countries around the world between 1990 and
2000 is now available online.

The U.S. Small Arms Shipments Database, based on documentation
obtained from the State Department under the Freedom of
Information Act and compiled by Matthew Schroeder of the
Federation of American Scientists, may be found here:

http://fas.org/asmp/profiles/smallarmship_db.htm


DOE CIVIL PENALTIES FOR CLASSIFIED INFO DISCLOSURES

The Department of Energy will impose stiff new civil penalties
on contractors who violate regulations on the safeguarding of
classified information, DOE announced today.

The new policy "provides that any person who has entered into a
contract or agreement with the Department of Energy... and who
violates (or whose employee violates) any applicable rule...
relating to the security or safeguarding of Restricted Data or
other classified information, shall be subject to a civil
penalty not to exceed $100,000 for each violation."

Up to now, criminal penalties could be imposed on those who
knowingly disclosed certain types of classified nuclear weapons
information, and civil penalties could be imposed on those who
disclosed unclassified controlled nuclear information (UCNI).
 But civil penalties for failing to safeguard other classified
information (whether RD or NSI) have not been available.  Now
they are.

See "Procedural Rules for the Assessment of Civil Penalties for
Classified Information Security Violations" from today's Federal
Register:

http://www.fas.org/sgp/news/2005/01/fr012605.html


US ARMY NUCLEAR AND CHEMICAL AGENCY

The United States Army Nuclear and Chemical Agency is
responsible for providing "nuclear and chemical technical
expertise" to the Army, other US Government agencies and to
NATO.

The USANCA, with which we had not previously been acquainted,
was described in a newly updated Army regulation this week.

See AR 10-16, United States Army Nuclear and Chemical Agency, 25
January 2005:

http://www.fas.org/irp/doddir/army/ar10-16.pdf


EVEN MORE CRS PRODUCTS

Perhaps it bears repeating that the Congressional Research
Service does not permit direct public access to its publications
online. CRS staffers are specifically prohibited from responding
to requests from the public for softcopy versions of their
reports.

By light of the untamed fire of freedom, this policy appears
fairly ridiculous.

Fortunately, if we understood the President's inaugural address
correctly, "America will walk at the side" of those who defy
such arbitrary restrictions on freedom of access to information.

Anyway, here are some new CRS reports, hot off the virtual
press.

"Security Threat Assessments for Hazmat Drivers," January 25,
2005:

http://www.fas.org/sgp/crs/RL32740.pdf

"Terrorist Nuclear Attacks on Seaports: Threat and Response,"
updated January 24, 2005:

http://www.fas.org/irp/crs/RS21293.pdf

"U.S.-EU Cooperation Against Terrorism," January 19, 2005:

http://www.fas.org/man/crs/RS22030.pdf


THANKS TO THE OMIDYAR NETWORK

Secrecy News is grateful to acknowledge an extraordinary $15,000
donation from the Omidyar Network.

Led by Pierre Omidyar, founder of the online market eBay, the
Omidyar Network seeks out and supports innovative efforts "to
make good things happen."

"We appreciate your work in removing barriers to information
access," wrote Omidyar VP Douglas S. Solomon in a cover letter
to Secrecy News.

See a list of Omidyar Network "partners" including Secrecy News
here:

http://www.omidyar.net/corp/partners.shtml



_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood.nul
voice:  (202) 454-4691




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