All the President's Spies: Private-Public Intelligence Partnerships in the War on Terror

Jon D. Michaels

California Law Review · 2008 · 14 citations · 0 references

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Abstract

WAR 61-65 (2003) (noting the importance of tactical and strategic intelligence, which "allow [s] prevention by incapacitating a critical group of the terrorists or denying them the resources or 2 gather all sorts of data points, any one of which might be the clue that leads intelligence agents to prevent another September 1 -like catastrophe. 3 In this regard, there is no better ally than the private sector.Its comparative advantage over the government in acquiring vast amounts of potentially useful data is a function both of industry's unparalleled access to the American public's intimate affairs-access given by all those who rely on businesses to facilitate their personal, social, and economic transactions-and of regulatory asymmetries insofar as private organizations can at times obtain and share information more easily and under fewer legal restrictions than the government can when it collects similar information on its own. 4 access their plan requires.That necessitates identifying a sufficient and critical set of participants and learning their plan");