• Corpus ID: 49481204

The Mosaic Theory, National Security, and the Freedom of Information Act

@article{Pozen2005TheMT,
  title={The Mosaic Theory, National Security, and the Freedom of Information Act},
  author={David Emanuel Pozen},
  journal={Yale Law Journal},
  year={2005},
  volume={115},
  pages={628}
}
  • D. Pozen
  • Published 19 October 2005
  • Law
  • Yale Law Journal
This Note documents the evolution of the "mosaic theory" in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in… 
The Mosaic Theory
Over the last decade, many of the legal disputes that have arisen in the context of national security have concerned information—the withholding of it, the suppression of it, the collection of it, or
Using secrecy to fight terrorism? Access, homeland security, and the ‘mosaic theory’ as a rationale for closure
The global war on terror instigated by the attacks on the World Trade Center on September 11, 2001, changed forever the calculus between secrecy and government transparency in the United States, and
Secrecy and Oversight in the European Union. The Law and Practice of Classified Information
This thesis examines the law and practice of official secrets in order to appraise whether and how they restrict democratic oversight and fundamental rights in the European Union. It provides a
Second order secrecy and Europe’s legality mosaics
  • D. Curtin
  • Political Science
    Secrecy in European Politics
  • 2020
Abstract In today’s information society the citizen is ever more visible to government and to private companies while paradoxically government itself becomes ever more secret. This asymmetry is not
Weaknesses of Adjudication in the Face of Secret Evidence
Since 2001, governments in Canada and the United Kingdom appear to have increasingly sought to use secret evidence in proceedings against individuals suspected of posing a security threat, relying on
The Future of Freedom of Information: An Analysis of the Impact of Executive Orders on the Freedom of Information Act National Security Exemptions
Title of Document: THE FUTURE OF FREEDOM OF INFORMATION: AN ANALYSIS OF THE IMPACT OF EXECUTIVE ORDERS ON THE FREEDOM OF INFORMATION ACT NATIONAL SECURITY EXEMPTIONS Joan Gibson Kaminer, MLS, 2010
Extraordinary Rendition, Law and the Spatial Architecture of Rights
This paper examines the Bush Administration's use of extraordinary rendition as a spatial tactic to secure largely extra-legal interrogation of terrorist suspects by moving them across various
Securitising ‘National Interests’: Canadian Federal Government Departments, Corporate Security Creep, and Security Regimes
National security and corporate security are typically conceptualised as distinct realms of inquiry and practice. This chapter explores how these two security domains are increasingly fused in Canada
The Law of the List
The spread of violent extremism, 9/11, the rise of ISIL and movement of 'foreign terrorist fighters' are dramatically expanding the powers of the UN Security Council to govern risky cross-border
Brokering Access Beyond the Border and in the Wild: Comparing Freedom of Information Law and Policy in Canada and the United States
Contributing to literature on jurisdictional variation in freedom of information (FOI) law and policy, we draw from field notes produced during numerous, systematic FOI requests of police agencies in
...
...

References

SHOWING 1-5 OF 5 REFERENCES
Dep't of Justice, No. C-o3-o4893
  • 2005
After Sept. 11, a Legal Battle on the Limits of Civil Liberty
    Imaged with the Permission of
    • Yale Law Journal
    The government never has to defend the soundness of its mosaic theory
    • Publ. Citizen Litig. Group
    Dep't of Justice, No. C-03-04893
    • 2005