FEDERATION OF AMERICAN SCIENTISTS FAS | Missile Watch: Global Update (April – October 2009)

Missile Watch
A publication of the FAS Arms Sales Monitoring Project
Vol. 2, Issue 2
October 2009
Written by Matt Schroeder and Matt Buongiorno

Table of Contents:
Honduras/Mexico: Alleged arms trafficker offered to sell “17 or 18 surface-to-air missiles,” claims US informant
Kenya: MANPADS threat affects US air travel to Nairobi
Russia: 20 MANPADS seized from militants in North Caucasus region
Sri Lanka: Terrorist group had access to more than a dozen SA-14s
Venezuela: Video of new SA-24s posted on Youtube
UN Arms Register: New ASMP resource
In-depth: MANPADS Control and the Obama Administration

Federation of American Scientists FAS.org | Invention Secrecy at Highest in a Decade

October 22nd, 2009 by Steven Aftergood

The total number of invention secrecy orders that the U.S. government imposed on patent applications rose again this year, reaching 5,081 by the end of last month, the highest figure since 1996.

Under the Invention Secrecy Act of 1951, U.S. government agencies may restrict the disclosure of a patent application whenever its publication is deemed “detrimental to the national security.” In Fiscal Year 2009, 103 new secrecy orders were issued, while 45 existing orders were rescinded. The overall number of orders in effect increased by about 1% over the year before, according to statistics from the U.S. Patent and Trademark Office that were released to Secrecy News under the Freedom of Information Act...........

Federation of American Scientists (FAS) | A Problematic New Policy on State Secrets

September 24th, 2009 by Steven Aftergood

The Department of Justice yesterday released its long-awaited new policy on the state secrets privilege, which the government uses in litigation to withhold evidence when it believes that disclosure would harm national security. The new policy, presented in a memorandum from the Attorney General, includes procedural and substantive changes to current practice. But it reserves decisions over the exercise of the privilege to the executive branch, and it appears to have garbled its treatment of judicial review.

See “Policies and Procedures Governing Invocation of the State Secrets Privilege” (pdf), memorandum from the Attorney General, September 23.

The new policy specifies that the use of the state secrets privilege must be supported by an evidentiary record that justifies its use and demonstrates that it is necessary in order to avoid “significant harm” to the national security. A recommendation to invoke the privilege must be reviewed by senior Justice Department officials, and approved by the Attorney General. The policy also provides for Inspector General review of claims of government wrongdoing when adjudication of those claims is prevented by the privilege.

Collectively, these measures “will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible,” said Attorney General Eric Holder.

Perhaps unsurprisingly, the new policy, which will take effect on October 1, would preserve executive branch discretion over the use of the state secrets privilege.

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Federation of American Scientists (FAS) Secrecy News | Director of National Intelligence Dennis C. Blair Announces $75 Billion Intelligence Budget