By Richard A. Posner

A brand new resolution for reforming U.S. household intelligence family intelligence within the usa this day is undermanned, uncoordinated, technologically challenged, and ruled through an agency—the FBI—that is structurally unsuited to play the imperative function in nationwide safeguard intelligence. regardless of its significance to nationwide safeguard, it's the weakest hyperlink within the U.S. intelligence process. In Remaking household Intelligence, Richard A. Posner finds the entire harmful weaknesses undermining our household intelligence within the usa and gives a brand new resolution: a household intelligence employer modeled at the notion and easy layout of the Canadian protection Intelligence provider. He info why the FBI, simply because its fundamental task is legislations enforcement, isn't the strategy to the matter of family intelligence and the way a brand new employer, lodged within the division of native land protection, may haven't any authority to have interaction in legislations enforcement and therefore steer clear of the deep pressure among felony research and nationwide safeguard intelligence that plagues the FBI. He additionally indicates how a brand new U.S. household intelligence employer may possibly supply extra merits over our present constitution even by way of civil liberties. Richard A. Posner is a pass judgement on at the U.S. court docket of Appeals for the 7th Circuit and a senior lecturer on the collage of Chicago legislations tuition.

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Nor, under the reorganization, will the Directorate of Intelligence occupy the role assigned it by the Act of supervising the intelligence operations of the Counterterrorism and Counterintelligence Divisions. It is possible, as I’ll note in chapter 3, that Congress does not have the constitutional authority to micromanage the organization of national security agencies to the degree the Act attempts. But that is an open question at best, and uncertainty about the correct answer will cast a shadow over efforts to effectuate the reorganization purely by executive decree.

Creating a new organization offers the best opportunity for a genuinely fresh start that will enable us to learn whether the steady state that the established intelligence bureaucracies have attained is what the nation needs. A new agency will have no commitments; it can experiment with up-to-date ideas of “best 10. Posner, note 6 above, at 128–129; also reference in id. at 132 n. 11. 11. I. for Intelligence,” New York Times, June 30, 2005, p. A1. “Totally” understates the problem. Hoover Press : Posner/Domestic Intel 40 hposdi ch2 Mp_40_rev1_page 40 | Remaking Domestic Intelligence practices” whether or not they are accepted by the established agencies.

For Intelligence,” New York Times, June 30, 2005, p. A1. “Totally” understates the problem. Hoover Press : Posner/Domestic Intel 40 hposdi ch2 Mp_40_rev1_page 40 | Remaking Domestic Intelligence practices” whether or not they are accepted by the established agencies. 11. Unless the National Security Service is thoroughly encapsulated—impacted—within the FBI, it will be unable to disentangle itself from some of the worst features of the Bureau’s present domestic intelligence operation, such as the computer imbroglio.

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