Global Intelligence Oversight: Governing Security in the Twenty-First Century
Abstract: 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. To purchase the book, please click here.
About the Speakers: Samuel J. Rascoff is an expert in national security law, and serves as faculty director of the Center on Law and Security. Named a Carnegie Scholar in 2009, Rascoff came to the Law School from the New York City Police Department, where, as director of intelligence analysis, he created and led a team responsible for assessing the terrorist threat to the city. A graduate of Harvard summa cum laude, Oxford with first class honors, and Yale Law School, Rascoff previously served as a law clerk to US Supreme Court Justice David H. Souter and to Judge Pierre N. Leval of the US Court of Appeals for the Second Circuit. He was also a special assistant with the Coalition Provisional Authority in Iraq and an associate at Wachtell, Lipton, Rosen & Katz. Rascoff’s publications include “Presidential Intelligence” (Harvard Law Review); “Counterterrorism and New Deterrence” (NYU Law Review); “Establishing Official Islam? The Law and Strategy of Counter-Radicalization” (Stanford Law Review); “Domesticating Intelligence” (Southern California Law Review), and “The Law of Homegrown (Counter-) Terrorism” (Texas Law Review).
Zachary K. Goldman is the Executive Director of the Center on Law and Security and an Adjunct Professor of Law at NYU School of Law. Previously, Zachary served as a Special Assistant to the Chairman of the Joint Chiefs of Staff at the U.S. Department of Defense, and as a policy advisor in the U.S. Department of the Treasury’s Office of Terrorism and Financial Intelligence, where he was the subject matter expert on terrorist financing in the Arabian Peninsula and Iran sanctions. In the private sector, he was a litigator at Sullivan & Cromwell LLP in New York.
Zachary is the co-editor of Global Intelligence Oversight: Governing Security in the Twenty-First Century, an edited volume on comparative approaches to intelligence oversight, published by Oxford University Press. He has testified before Congress and has published on national security strategy, cybersecurity, counterterrorism, and financial sanctions in outlets such as The New York Times, The Wall Street Journal, Foreign Affairs, The Financial Times Chinese, the South China Morning Post, Political Science Quarterly, Cold War History, The Atlantic, The Diplomat, The National Interest, and others.
Zachary is a Term Member of the Council on Foreign Relations, an Adjunct Senior Fellow at the Center for a New American Security, and a member of the Advisory Committee to the American Bar Association’s Standing Committee on Law and National Security. He received his JD from New York University School of Law, his Masters in International Relations from the London School of Economics, and his BA from Harvard University.
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Activists push a ball reading "constitution reformation" during a sit-in to mark the one-year anniversary of the start of the Sunflower Movement outside the Legislative Yuan in Taipei March 18, 2015.
