Contents

Acknowledgments xi

Who Watches the Watchers? 1

Chapter 1       The Problem: How to Regulate State Secrecy? 16

Chapter 2       Should We Rely on Judges? Transparency and the Problem of Judicial Deference 51

Chapter 3       Should We Rely on Congress? Oversight and the Problem of Executive Privilege 80

Chapter 4       Should the Law Condone Unauthorized Disclosures? Fire Alarms and the Problem of Legitimacy 103

Chapter 5       Should We Rely on Whistleblowers? Disobedience and the Problem of Retaliation 127

Chapter 6       Should We Trust Leakers? Anonymous Sources and the Problem of Regulation 153

Conclusion     Bitter Medicine 181

Notes 205

Selected Bibliography 245

Index 269