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Information Classification Foreign Policy and National Security

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Information Classification Foreign Policy and National Security ITRN 701-007 Erik Smidt Elizabeth Fiorentino * * * * * * 216 Safes located in damaged area Problem – PowerPoint PPT presentation

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Title: Information Classification Foreign Policy and National Security


1
Information ClassificationForeign Policy and
National Security
  • ITRN 701-007
  • Erik Smidt
  • Elizabeth Fiorentino

2
Summary
  • History
  • Issues
  • Revisions
  • Interests
  • Questions

3
Why Classify?
  • "Damage to the national security"
  • means harm to the national defense or foreign
    relations of the United States from the
    unauthorized disclosure of information, to
    include the sensitivity, value, and utility of
    that information.

4
Definition
  • "Classification" means the act or process by
    which information is determined to be classified
    information.
  • "Information" means any knowledge that can be
    communicated or documentary material that is
    owned by, produced by or for, or is under the
    control of the United States Government.
  • "Control" means the authority of the agency that
    originates information, or its successor in
    function, to regulate access to the information.

5
Sec. 1.5. Classification Categories
  • Information may not be considered for
    classification unless it concerns
  • military plans, weapons systems, or operations
  • foreign government information
  • intelligence activities (including special
    activities), intelligence sources or methods, or
    cryptology
  • foreign relations or foreign activities of the
    United States, including confidential sources
  • scientific, technological, or economic matters
    relating to the national security
  • United States Government programs for
    safeguarding nuclear materials or facilities or
  • vulnerabilities or capabilities of systems,
    installations, projects or plans relating to the
    national security.

6
History Revolution to WWI
  • Revolutionary War Trusted Courier, Fake
    Documents and Double Agents
  • Civil War Lack of Discretion
  • Economic Espionage Rampant
  • Practiced by Labor and Corporate Spies
  • Spanish American War need to organize bureaus
    within Army and Navy was led by Secret Service
  • WWI Germany secretly purchasing plans and
    equipment used to supply the British

7
World War II The Wizard War
  • Worry about German and Japanese spies
  • Technological edge critical to success
  • Rapid growth in size of military and civilian
    government
  • British System adopts practices already in use
    by allied government
  • Soviet sympathizers cooperate with ally

8
Cold War
  • Soviet Union maintains a high budget for
    intelligence services
  • Profit seeking
  • Third Country Nationals
  • Disgruntled
  • Sympathizers
  • Larger reliance on protecting technology and
    communications
  • Economic Espionage Important

9
Post Cold War
  • Economic Espionage Gains Status
  • Protecting Operations Sources
  • Protecting Technology Information Systems
  • 2008 "Targeting U.S. Technologies A Trend
    Analysis of Reporting from Defense Industry"
  • https//www.dss.mil/GW/ShowBinary/DSS/special_aler
    ts/specialalert012609.html

10
Classification Authority
  • Individual charged with responsibility to
    determine level and state reason for
    classification
  • Must determine declassification date at time of
    creation
  • Develop and publish Classification Guides for
    users and Agencies

11
Sec. 1.6 Limitations on Classification
  • If there is significant doubt about the need to
    classify information, it shall not be
    classified.
  • In no case shall information be classified in
    order to conceal violations of law, inefficiency,
    or administrative error to prevent embarrassment
    to a person, organization, or agency to restrain
    competition or to prevent or delay the release
    of information that does not require protection
    in the interest of national security.
  • Basic scientific research information not clearly
    related to the national security may not be
    classified.
  • The President or an agency head or official
    designated under Sections 1.2(a)(2), 1.2(b)(1),
    or 1.2(c)(1) may reclassify information
    previously declassified and disclosed if it is
    determined in writing that
  • the information requires protection in the
    interest of national security and
  • the information may reasonably by recovered.
    These reclassification actions shall be reported
    promptly to the Director of the Information
    Security Oversight Office.

12
Limitations on Classification
  • Information may be classified or reclassified
    after an agency has received a request for it
    under the Freedom of Information Act (5 U.S.C.
    552) or the Privacy Act of 1974 (5 U.S.A. 552a),
    or the mandatory review provisions of this Order
    (Section 3.4) if such classification meets the
    requirements of this Order and is accomplished
    personally and on a document-by-document basis by
    the agency head, the deputy agency head, the
    senior agency official designated under Section
    5.3(a)(1), FN1 or an official with original Top
    Secret classification authority.

13
Collateral (NISP)
  • Confidential would cause damage to national
    security if disclosed
  • Lay out of Cleared American Access space
  • Secret would cause serious damage to national
    security
  • Equipment specified for CAA space
  • Top Secret release would cause exceptionally
    grave damage
  • Cryptographic Keys used by various agencies

14
Special Programs (JFAN 6/4)
  • Specified Handling Instructions for certain
    classified information
  • Special Access Program (SAP)
  • Existence of program would negate utility
  • stolen Sigma Machine in WWII
  • S or TS
  • Sensitive Compartmented Information (SCI)
  • Identities or Methods of collecting information
  • requires TS

15
Espionage Act of 1917
  • Crime to
  • interfere with the operation or success of the
    Armed Forces of the United States or promote the
    success of its enemies
  • convey false reports or false statements with
    intent to interfere with the operation or success
  • Remains a law but last used in 1971

16
Updates of Espionage Act
  • Cryptographic Intelligence and Methods18 USC 798
  • Nuclear Weapons and Materials (Restricted Data)
    Atomic Energy Act of 1954, 42 USC 2162, 2163,
    2168, and 7383
  • Industrial Espionage Act of 1996 (Industrial
    Trade Secrets) 18 USC Chapter 90
  • Intelligence Identities Protection Act
    (intelligence sources) 50 USC 421426
  • Computer Fraud and Abuse Act (Data Stored on
    Computers) 18 USC 1030 and the Stored
    Communications Act 18 USC 2701
  • Health Insurance Portability and Accountability
    Act (patient medical records) 110 Stat 1936
  • Video Privacy Protection Act (video tape rental
    and sale records) 18 USC 2710

17
Executive Orders Reagan
  • EO 12356 11 pages
  • Original order current system is based on

18
Executive Orders Reagan
  • Original Classification
  • Classification Authority
  • Classification Categories
  • Duration of Classification
  • Identification and Markings
  • Limitations on Classification
  • Declassification Authority
  • Transferred Information
  • Systemic and Mandatory Review for
    Declassification
  • General Restrictions on Access
  • Special Access Programs
  • Access by Historical Researchers and Former
    Presidential Appointees
  • Information Security Oversight Office

19
Executive Orders Clinton
  • EO 12958 27 pages
  • Changes
  • General Responsibilities
  • Implementation
  • Appeals
  • Special Access Programs
  • 10 years auto declassification
  • Classification Standards

20
Executive Orders Clinton
  • Two others
  • EO 12972
  • Changed definitions
  • EO 13142
  • Longer auto declassify date

21
Executive Orders Bush
  • EO 13292 24 pages
  • Changed Classification Authority VP
  • Special Access Programs
  • Computer Systems
  • Created new handling instruction for CUI
  • Controlled Unclassified Information

22
Classified Information Procedures Actof 1980
  • Determines at an early stage if there is a
    dilemma between disclosing classified info or
    dismissing a court case
  • Limit the practice of graymail by criminal
    defendants
  • Graymail is the threat to disclose classified
    government information by a criminal defendant
  • Requires defendants to disclose if they are going
    to use classified info in their defense pre trial
  • Protects unnecessary disclosure of info

23
National Archives
  • Has an Information Security Oversight Office
    (ISOO)
  • Responsible for the Policy and oversight of
    government wide security classification programs
  • Authority from EO 12958 and EO 12829
  • Three components
  • Classification Management staff
  • Operations staff
  • The controlled Unclassified Information (CUI)
    Office

24
Freedom of Information Act
  • Signed into Public Law by President Johnson
    September 6, 1966
  • Consistent with what people have a right to
    know
  • Does not apply to Congress, the States, the
    courts and the central offices of the White House
  • States do have FOIA like legislation

25
9 exemptions to FOIA
  • in the interest of national defense or foreign
    policy and classified
  • internal personnel rules and practices of an
    agency
  • exempted from disclosure by statute
  • trade secrets and commercial or financial
    information
  • inter-agency or intra-agency memoranda or letters
  • personnel and medical files
  • records or information compiled for law
    enforcement purposes
  • information of an agency responsible for the
    regulation or supervision of financial
    institutions
  • geological and geophysical information

26
FOIA
  • Problems?
  • Bureaucratic delay
  • Excessive charges levied
  • 1974 Amendment
  • Supposed to remove obstacles to information
  • Federal Judge can now review information to
    decide if it is classified
  • Deadline for agencies to respond to request for
    information
  • 1996 Amendment Electronic Freedom of Information
    Act (E-FOIA)
  • needs to be in an electronic format, and have
    electronic reading rooms

27
Cases regarding FOIA
  • Hoover
  • USDOJ v. Landano
  • Scott Armstrong, et al. v. Executive Office of
    the President
  • Barbara Schwartz

28
Problems
  • Classification Authority
  • Protected Interests
  • On Time Release
  • Foreign Government Obligations
  • Classified Accumulation

29
Cheney Controversy
30
Authority Proper Use
  • Reduce List of Authorizers to Clinton/Reagan era
  • Enforce Declassify Date Requirements
  • Creation of Declassification Centers within Each
    Agency to Review documents

31
Foreign Info
  • Conflicts of US law and treaties with information
    classification
  • This pertains to any information from a foreign
    source.

32
Final Note
Lessons Learned 9/11 The Pentagon
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216 Safes located in damaged area
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Problem
  • Contents dated back to 1960s
  • New DOD requirements for annual house cleaning
  • Debate to create a Declassification Center

39
Questions?
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