12 Sw. J. L. & Trade Am. 477 (2005-2006)
Behind Closed Doors: Troubling Indications of Overbroad Secrecy in Anti-Terrorist Legislation in the United States and Canada

handle is hein.journals/sjlta12 and id is 487 raw text is: BEHIND CLOSED DOORS: TROUBLING
INDICATIONS OF OVERBROAD
SECRECY IN ANTI-TERRORIST
LEGISLATION IN THE UNITED
STATES AND CANADA

Jay Mykytiuk*

I.  INTRODUCTION   ..........................................
II. UNITED STATES COURTS BALANCE THE NEED FOR
SECRECY VERSUS FREEDOM OF SPEECH AND OF THE
P R ESS  ...................................................
A. The National Security Letter ........................
B. Secret Deportation Hearings ........................
III. THE CHALLENGES OF SECRECY TO FREEDOM OF THE
PRESS AND THE OPEN COURT PRINCIPLE IN THE
CANADIAN WAR ON TERROR ...........................
A. The Security of Information Act ....................
B. The Investigative Hearing ...........................
C. Section 38 of Canada's Evidence Code ..............
IV .  CONCLUSION   ............................................

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I. INTRODUCTION
The United States' legislative response to the September 11, 2001
(9/11) terrorist attacks was swift and far-reaching. In the immediate
aftermath of the attacks, Congress passed the USA Patriot Act, (Pa-
triot Act): an unprecedented expansion of law enforcement's author-
ity in the areas of electronic intelligence gathering, foreign
intelligence surveillance, detention and removal of aliens engaging in
* J.D. candidate, Southwestern Law School, 2006; B.A., History and Political Science,
Trinity College, Hartford, CT 1996. The author is Chair of the Board of Governors for the
Southwestern Moot Court Honors Program. He extends his gratitude to David Clarke, for pro-
viding invaluable research materials, and to Professor Austen Parrish, for his specific editing
suggestions, and for the overall quality of his writing instruction. The author also offers a special
thanks to Elizabeth Hayes, for her unfailing support and encouragement.
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