Bowman, M.E. "Collective Security v. Personal Privacy." Intelligencer 14, no. 2 (Winter/Spring 2005): 39-47.
Bowman, M.E. "Collective Security v. Personal Privacy." Intelligencer 14, no. 2 (Winter/Spring 2005): 39-47.
The author discusses "the social and legal predicates for the laws, regulations and even the social compact we work under today." He notes that "for the United States and other common law nations it can be very difficult to know how to fit modern technology into our present legal regime." He concludes: "From colonial days, the average United States citizen has considered privacy, in particular, the right to be free of government intrusion, to be an integral part of security. Even so, government must be able to provide both security and privacy. In an age of widespread terrorism, this demands innovative methods of compiling and sharing information, coupled with equally innovative methods of protecting it."
[Overviews/Legal/Gen]
Bowman, M. E. "Dysfunctional Information Restrictions." Intelligencer 15, no. 2 (Fall/Winter 2006-2007): 29-37.
The author looks at the underlying theory and structure of the formal classification system, as well as "undefined caveats" designed to control unclassified information, and concludes that the system "has become dysfunctional in the face of current needs of national security." What is needed is "an updated philosophy of information restruction and disclosure."
[GenPostCW/00s/Gen]
Bowman, M.E. "Intelligence Contributions to American Law: The Early Years." Intelligencer 13, no. 1 (Spring/Summer 2002): 31-43.
"[I]ntelligence and intelligence-related matters have always been among the catalysts for law and for policy, even from colonial days.... This article briefly describes the influence of intelligence on law and policy in the formative years of the Republic."
[Overviews/Legal/Gen]
Bowman, M.E.
"Intelligence and International Law." International Journal
of Intelligence and Counterintelligence 8, no. 3 (Fall 1995): 321-335.
"Whatever else may be said of the intelligence function in international affairs, the fact that it exists is tolerated, and has limits of behavior is demonstrable. These attributes create definable customary international norms. Occasionally, to explain the perceived pattern may be difficult, and it may be impossible consistently to demarcate the limits of tolerance, but that does not belie the existence of norms, however ephemeral and transitory they may appear."
[Overviews/Legal/Intl][c]
Bowman, M. E. "The Legacy of the Church Committee." Intelligencer 14, no. 1 (Winter/Spring 2004): 27-34.
The system of legislative and regulatory compromises that followed the Church Committee investigations "has served the nation well for more than two decades." However, "terrorism represents an unprecedented confluence of phenomena that belies the traditional separation of law enforcement and intelligence.... What we have seen thus far in the war on terrorism is unlike any other domestic crisis response in our history. Authorities have been broadened to meet the new challenge, but there have been no concessions of [the] rights" of U.S. Persons.
[CIA/70s/Investigations; GenPostCW/00s/Gen]
Bowman, M.E.
"Prosecuting Spies: An Uneasy Alliance of Security, Ethics, and Law."
Defense Intelligence Journal 4, no. 1 (Spring 1995): 57-81.
"Historically, espionage prosecution was resisted due to the potential for public disclosure of national security information." In fact, "prosecution involving classified information is one of the most difficult undertakings of our legal system." The author identifies six basic issues which underlie the problems of espionage prosecution: the charges, discovery, the evidence, using classified information (the author discusses the Classified Information Procedures Act (CIPA)), defenses (diplomatic status, the national security standard, reliance on apparent authority, extra-territorial acts, promises), and sentencing. An earlier version of this article, "Prosecuting Spies: An Uneasy Alliance of Security, Ethics and Law," appears in American Intelligence Journal 11, no. 2 (1990): 29-39.
[Overviews/Legal][c]
Bowman, M.E. "Some-Time, Part-Time and One-Time Terrorism." Intelligencer 13, no. 2 (Winter-Spring 2003): 13-18.
"The challenge to prevent terroism from the unaligned terrorists is perhaps the greatest challenge ever given to the law enforcement (LE) and intelligence communities (IC)."
[Terrorism/03/Gen]
Bowman, M.E.
"The 'Worst' Spy: Perceptions of Espionage." American Intelligence
Journal 18, no. 1/2 (1998): 57-62.
The author finds a "counter-productive pattern" to perceptions surrounding each new espionage case from the Walkers in 1985 to Nicholson and Pitts in 1996. We "have had a tendency either to characterize every instance of espionage in superlatives or to pay scant attention at all." Neither approach produces positive results.
[SpyCases/U.S./Gen]
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