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9 Nat'l Sec. L. Brief 1 (2019)

handle is hein.journals/natislaw9 and id is 1 raw text is: LEGALIZING INTELLIGENCE SHARING: A CONSENSUS APPROACH Brian Mund* ABSTRACT Governments face a decision between balancing collective national security interests with individual privacy rights and strike that balance to different degrees. Only recently has public attention turned to the lack of transparency surrounding cross- border international intelligence sharing agreements. Foreign intelligence cooper- ation is necessary for effective security, but differing intelligence governance standards create tension between clashing privacy regimes. This Article proposes a pragmatic pathway forward in the form of a palatable intelligence-sharing framework that respects state sovereignty and security needs, while simultaneously establishing revolutionary privacy protections. This first-of-its-kind framework identifies and builds upon principles of international law to construct this practical framework. These principles are: 1) principle of legality; 2) principle of safeguarding against abuse; 3) principle of proportionality; 4) principle of transparency and oversight; 5) principle of notification and remedies; 6) principle of complementarity; 7) principle of good faith; and 8) an exigency exception. * Brian Mund is a 2018 graduate of Yale Law School, where he received his Juris Doctor, and a 2013 graduate of the University of Pennsylvania, from which he received a Bachelor of Arts degree. He is grateful to Professor Michael Reisman and Asaf Lubin as well as the 2018 Salzburg Cutler Global Seminar participants for their feedback on previous drafts of this Article. All errors are the author's alone.

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