http://papers.ssrn.com/sol3/papers.cfm?abstract_id=820326
The Mosaic Theory, National Security, and the Freedom of Information Act DAVID POZEN Yale University - Law School Yale Law Journal, Vol. 115, No. 3, 2005 Abstract: The first work to explore the "mosaic theory" in detail, this Note documents the theory's evolution in FOIA national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in tension with the purpose and text of FOIA, and susceptible to abuse and overbreadth. This Note therefore argues, against precedent, for greater judicial scrutiny of mosaic claims. Keywords: Mosaic Theory, National Security, Freedom of Information Act (FOIA), Government Secrecy, Judicial Review Accepted Paper Series Suggested Citation Pozen, David E., "The Mosaic Theory, National Security, and the Freedom of Information Act" . Yale Law Journal, Vol. 115, No. 3, 2005 http://ssrn.com/abstract=820326 You are a subscribed member of the infowarrior list. Visit www.infowarrior.org for list information or to unsubscribe. This message may be redistributed freely in its entirety. Any and all copyrights appearing in list messages are maintained by their respective owners.