"An unprecedented buildup of secret law has been created by the federal government since 9/11 through legal memos, court opinions, agreements with foreign nations, and more. All have been issued without public scrutiny or input — and many impact crucial decisions about the lives and liberties of U.S. citizens, from the use of torture to mass surveillance....
...Solving the problem of secret law raises its own set of questions.
Are there cases in which disclosure of rules or legal interpretations,
even with sensitive facts redacted, could harm national security? How
great is that risk, and how does it compare with the harms of secret
law? What procedural and substantive reforms could help ensure that the
public’s interests in both the transparency of laws and the security of
the nation are best served?
This report attempts to shed light on these questions, beginning with the foundational inquiry into what secret law is."
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