Court allows CIA to keep Cuba invasion document secret
May 21, 2014 Leave a comment
By IAN ALLEN | intelNews.org
The United States Central Intelligence Agency has successfully defended itself against a lawsuit that sought the release of a secret document detailing the failed Bay of Pigs Invasion. On April 17, 1961, a brigade of 1,300 CIA-funded and -trained anticommunist Cubans mounted a surprise assault on the Caribbean island. The failure of the operation prompted the CIA to produce a multi-volume report, whose fifth and final part was authored in the early 1980s by CIA resident-historian Jack Pfeiffer. The first four volumes of the history of the Invasion have been released to the public, one voluntarily by the CIA and three through Freedom of Information Act requests. George Washington University’s National Security Archive sued the CIA in 2011, eventually forcing the Agency to declassify Volumes I, II and IV of the report. This left Volume V, which is the subject of an ongoing dispute between historians and the CIA, going back to 2005. On Tuesday, the US Court of Appeals for the Circuit of the District of Columbia ruled in a split 2-1 decision that the CIA had the right to maintain the secrecy of the entire fifth volume of the report. The two judges that ruled in favor of the CIA’s position, Brett Kavanaugh and Stephen Williams, argued that the volume in question had been “rejected for inclusion in the final publication” of the CIA report. As such, it was not a finished product, but rather a draft manuscript and was therefore not subject to US declassification rules under the Freedom of Information Act. The judges added that, since the document was “predecisional and deliberative” in character, it should be granted the so-called “deliberative process privilege”. This clause stipulates that the authors of deliberative documents are entitled to concrete and long-lasting assurances that the draft documents they are producing will remain secret. This, said the two judges, would allow the authors to advise those who commission their work freely and candidly. Read more of this post




















Western companies to suffer backlash in China-US espionage spat
May 22, 2014 by Ian Allen Leave a comment
China’s response to America’s allegations of cyberespionage will probably not be directed against the United States government, but at Western technology companies, according to business insiders. On Monday, the United States Department of Justice identified five members of the Chinese People’s Liberation Army as directly responsible for a series of cyberespionage operations targeting American firms. Since then, sources in the business community have said that American companies operating in China were “caught off guard” by the Justice Department’s charges, and that they were “given no advanced notice” by US government officials. On the one hand, business insiders claim that Chinese cyberespionage against Western firms is so aggressive that many in the corporate community were broadly supportive of Washington’s move. But, on the other hand, some industry analysts have told the Reuters news agency that, although Beijing’s response to Washington’s allegations will not be “immediate or obvious”, Western technology firms should prepare to face a lot more difficulties in doing business in China. Specifically, some business observers expect the Chinese government to respond to America’s cyberespionage allegations by “precluding foreign companies from certain sectors” of its economy. Beijing might even use the controversy to justify a “turn to internal suppliers” of technological products and services, say experts. The news agency reports that American hardware and software suppliers have already seen their sales in China drop as a result of the revelations by American intelligence defector Edward Snowden. The current clash over cyberespionage between America and China is likely to have a further negative effect on American business activities all over Southeast Asia. The ongoing dispute between the two countries is likely to have an effect in Europe as well, say The Financial Times. The London-based paper reports that Washington’s recent indictment has “struck a chord in German industry”, which is also concerned about the perceived theft of intellectual property by Chinese hackers. Read more of this post
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