Global Intelligence Oversight: Governing Security in the Twenty-First Century

In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.

Table of Contents:
Contributors Acknowledgments Preface--Why Intelligence Oversight Matters By The Honorable Jane Harman Introduction By Zachary K. Goldman & Samuel J. Rascoff Part I: Transnational Oversight Chapter 1: Intelligence Services, Peer Constraints, and the Law By Ashley Deeks Chapter 2: Oversight Through Five Eyes: Institutional Convergence and the Structure and Oversight of Intelligence Activities By Richard Morgan Chapter 3: Oversight of Intelligence Agencies: The European Dimension By Iain Cameron Chapter 4: Global Change and Megatrends: Implications for Intelligence and its Oversight By Christopher A. Kojm Part II: The Role of the Courts in Intelligence Oversight Chapter 5: The FISC's Stealth Administrative Law By Daphna Renan Chapter 6: In Law We Trust: The Israeli Case of Overseeing Intelligence By Raphael Bitton Chapter 7: Review and Oversight of Intelligence in Canada: Expanding Accountability Gaps By Kent Roach Part III: Executive Branch and Independent Oversight Institutions Chapter 8: The Emergence of Intelligence Governance By Zachary K. Goldman Chapter 9: Presidential Intelligence By Samuel J. Rascoff Chapter 10: Intelligence Oversight: Made in Germany By Russell A. Miller Chapter 11: Intelligence Powers and Accountability in the UK By Jon Moran & Clive Walker Chapter 12: Executive Oversight of Intelligence Services in Australia By Keiran Hardy & George Williams Index

About the Author :
Zachary K. Goldman is the Executive Director of the Center on Law and Security and an Adjunct Professor of Law at New York University School of Law. He previously served as a Special Assistant to the Chairman of the Joint Chiefs of Staff and a Policy Advisor in the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence. His research interests focus on the law of intelligence, cybersecurity, financial sanctions, and U.S. national security strategy. Samuel J. Rascoff is a Professor of Law at New York University School of Law and the Faculty Director of the Center on Law and Security. He writes and teaches in the areas of national security law and administrative law. He previously served as a law clerk to Justice David Souter of the U.S. Supreme Court and as Director of Intelligence Analysis in the New York City Police Department.

Review :
"The scholarship on display is impressive...those conversations, and the proposals that came out of them, enrich this dialogue in actionable ways. No one gets the final word on intelligence - but the contributions in this book make for a much better public debate." (From the Preface) The Honorable Jane Harman Director, President and CEO, Woodrow Wilson International Center for Scholars