Check out my write-up of the State Secrets Protection Act, which is Ted Kennedy’s answer to the Bush administration’s habit of answering every lawsuit with “we can’t litigate about that because it’s a state secret. We can’t tell you why it’s a state secret because that’s a state secret too.” It would create some clear ground rules regarding when the state secrets privilege can be invoked and how judges should deal with such assertions. I haven’t given this a great deal of thought, but from a quick read-through of the bill, it seems like a pretty worthwhile approach.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.