November 16, 2004
Publication:
John F. Kennedy School of Government, Harvard University

Since 9/11, there has been a lot of talk about the difficult "balancing act" between civil liberties and national security, but few have considered exactly where and how that balance should be struck. And as the Abu Ghraib prison scandal showed, without clear rules in place, things can very easily go very wrong. With this challenge in mind, Juliette Kayyem of the Belfer Center and Philip Heymann of Harvard law school directed a project to finally take a hard and detailed look at how to go about balancing the competing concerns of American liberties and national security in the age of terrorism. The project brought together a broad spectrum of bi-partisan advisers and experts to consider ten critical issues and recommend clear rules to reconcile critical democratic norms and security concerns around each. This Report hopes to be a starting point for Congressional legislation clarifying the law in these areas to guide government conduct in the field.

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