Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information
Author: Joan Fitzpatrick
Publisher: BRILL
Total Pages: 592
Release: 2021-09-27
Genre: Law
ISBN: 9004481796

The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

The NSA Report

The NSA Report
Author: President's Review Group on Intelligence and Communications Technologies, The
Publisher: Princeton University Press
Total Pages: 287
Release: 2014-03-31
Genre: Political Science
ISBN: 1400851270

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

National Security, Public Health: Exceptions to Human Rights?

National Security, Public Health: Exceptions to Human Rights?
Author: Myriam Feinberg
Publisher: Routledge
Total Pages: 223
Release: 2017-10-02
Genre: Law
ISBN: 1317273176

The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.

Military-Media Relations in Post-Colonial Nigeria

Military-Media Relations in Post-Colonial Nigeria
Author: Allwell Uwazuruike
Publisher: Ethics International Press
Total Pages: 481
Release: 2023-12-02
Genre: History
ISBN: 1804412481

This edited collection reviews the relationship and clashes between the military and the media in post-colonial Nigeria. The first section addresses the historical context and praxis of the military-media relationship in Nigeria. The chapters explore the military-media modes of operations, the prevailing political climate, the military interregnums and milestones in Nigeria’s media sector, ethical and professional consideration for defence correspondence, media ownership structures, regulatory bodies, media laws, military–media relations, and the need for alternative media for military operations. The second section deals with interventions, impacts, and influences of citizen journalists, social media influencers, online media, online stakeholders, artificial intelligence, and social media platforms in shaping the media space narratives. They also explore evolving challenges such as “fake news” and hate speech. The key audience includes regional and international journalists and military organisations, researchers, academics, NGOs, governments, and others interested in the history and future of military media relations in Africa.

Government Secrecy

Government Secrecy
Author: Jan Goldman Ph.D.
Publisher: Bloomsbury Publishing USA
Total Pages: 822
Release: 2008-12-30
Genre: Language Arts & Disciplines
ISBN: 1598845012

Government Secrecy presents the best that has been thought and written on the subject, including history and philosophy, theory and practice, justification and critique. Through readings, which range from Georg Simmel on secrecy and Max Weber on bureaucracy and secret-keeping, to post-9/11 concerns regarding freedom of information and presidential secrecy, it enables readers to explore the issues and questions that surround the government's right to keep necessary secrets—or not. This collection, and the diverse perspectives it represents, will engage students and other interested parties in a discussion of the benefits—and dangers—of government secrecy. The collection is designed to generate questions regarding historical accuracy of government information, information ethics, professional neutrality, ownership of information, public right to information, national security, and transparency. The essays explore the criteria and conditions for government secret-keeping, as well as contributing to public and academic discussion of the role of secrets in democracies.

Harmful Interference in Regulatory Perspective

Harmful Interference in Regulatory Perspective
Author: Mahulena Hofmann
Publisher: Taylor & Francis
Total Pages: 314
Release: 2022-10-30
Genre: Law
ISBN: 1317123727

This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming’; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.

Transparency in International Law

Transparency in International Law
Author: Andrea Bianchi
Publisher: Cambridge University Press
Total Pages: 641
Release: 2013-11-07
Genre: Law
ISBN: 1107470242

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Freedom of Information and National Security

Freedom of Information and National Security
Author: Amin Pashaye Amiri
Publisher: Herbert Utz Verlag
Total Pages: 198
Release: 2015-01-06
Genre:
ISBN: 3831643903

Protecting sensitive national security information is among a government’s most significant duties. However, this concept may be used to adversely limit the public’s right to access to government-held information. Therefore, striking a reasonable balance between these competing interests is of great importance for any society. How important to the creation of such a balance is effective judicial review of government decisions denying public access to information on national security grounds? How should judicial review of these decisions be conducted? “Freedom of Information and National Security: A Study of Judicial Review under U.S. Law” seeks to answer these questions. It offers proposals for the improvement of judicial review of public bodies’ decisions in the U.S. and provides suggestions for conducting effective judicial review in other countries.

Terrorism as a Challenge for National and International Law: Security versus Liberty?

Terrorism as a Challenge for National and International Law: Security versus Liberty?
Author: Christian Walter
Publisher: Springer Science & Business Media
Total Pages: 1516
Release: 2004-06-25
Genre: Law
ISBN: 9783540212256

The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.