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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 ............................................ 477 480 481 483 485 486 489 491 493 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. 477

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