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The publication of secret information by WikiLeaks and multiple media outlets, followed by news coverage of leaks involving high-profile national security operations, has heightened interest in the legal framework that governs security classification and declassification, access to classified information, agency procedures for preventing and responding to unauthorized disclosures, and penalties for improper disclosure. Classification authority generally rests with the executive branch, although Congress has enacted legislation regarding the protection of certain sensitive information. While the Supreme Court has stated that the President has inherent constitutional authority to control access to sensitive information relating to the national defense or to foreign affairs, no court has found that Congress is without authority to legislate in this area. This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).
Largely prescribed in a series of successive presidential executive orders (EO) issued over the past 50 years, security classification policy and procedure provide the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well. President Franklin D. Roosevelt issued the first EO in 1940. Contents of this report: (1) Background; (2) Clinton¿s EO 12958 as Issued: Prescribing Declassification; Controversial Areas; Classification Challenges; A Balancing Test; Program Direction; New Organizations; (3) Bush¿5s Amendments to EO 12958; (4) Obama¿s Review of EO 12958; () Obama Revokes EO 12958 and Issues a New EO.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Contains an overview discussion of the Freedom of Information Act's (FOIA) exemptions, its law enforcement record exclusions, and its most important procedural aspects. 2009 edition. Issued biennially. Other related products: Report of the Commission on Protecting and Reducing Government Secrecy, Pursuant to Public Law 236, 103d Congress can be found here: https: //bookstore.gpo.gov/products/sku/052-071-01228-1 Overview of the Privacy Act of 1974, 2015 Edition can be found here: https: //bookstore.gpo.gov/products/sku/027-000-01429-1
The CIA’s 2013 release of its book The Central Intelligence Agency and Overhead Reconnaissance 1954–1974 is a fascinating and important historical document. It contains a significant amount of newly declassified material with respect to the U-2 and Oxcart programs, including names of pilots; codenames and cryptonyms; locations, funding, and cover arrangements; electronic countermeasures equipment; cooperation with foreign governments; and overflights of the Soviet Union, Cuba, China, and other countries. Originally published with a Secret/No Foreign Dissemination classification, this detailed study describes not only the program’s technological and bureaucratic aspects, but also its political and international context, including the difficult choices faced by President Eisenhower in authorizing overflights of the Soviet Union and the controversy surrounding the shoot down there of U-2 pilot Francis Gary Powers in 1960. The authors discuss the origins of the U-2, its top-secret testing, its specially designed high-altitude cameras and complex life-support systems, and even the possible use of poison capsules by its pilots, if captured. They call attention to the crucial importance of the U-2 in the gathering of strategic and tactical intelligence, as well as the controversies that the program unleashed. Finally, they discuss the CIA’s development of a successor to the U-2, the Oxcart, which became the world’s most technologically advanced aircraft. For the first time, the more complete 2013 release of this historical text is available in a professionally typeset format, supplemented with higher quality photographs that will bring alive these incredible aircraft and the story of their development and use by the CIA. This edition also includes a new preface by author Gregory W. Pedlow and a foreword by Chris Pocock. Skyhorse Publishing, as well as our Arcade imprint, are proud to publish a broad range of books for readers interested in history--books about World War II, the Third Reich, Hitler and his henchmen, the JFK assassination, conspiracies, the American Civil War, the American Revolution, gladiators, Vikings, ancient Rome, medieval times, the old West, and much more. While not every title we publish becomes a New York Times bestseller or a national bestseller, we are committed to books on subjects that are sometimes overlooked and to authors whose work might not otherwise find a home.
Recently, there have been multiple high-profile incidents involving the release of classified government info. Perhaps most prominent was Wikileaks.org's unauthorized publication of more than 600,000 classified DoD documents. Such incidents have further heightened congressional, media, and public interest in classified info. policy. This report provides info. on classified info. policy, which also is called security classification policy and national security classification info. policy. It discusses the history, costs, and agencies assigned roles in classified info. policy. The report focuses on Executive Order 13526, which establishes much of the current policy, and it identifies possible oversight issues for Congress. Illus. A print on demand report.
This regulation, Army Regulation AR 380-5 Security: Army Information Security Program October 2019, establishes Department of the Army (DA) policy for the classification, downgrading, declassification, transmission, transportation, and safeguarding of information requiring protection in the interests of national security. It primarily pertains to classified national security information, or classified information, but also addresses controlled un-classified information (CUI). For purposes of this regulation, classified national security information, or classified information, is defined as information and/or material that has been determined, pursuant to Executive Order (EO) 13526, or any applicable predecessor order, to require protection against unauthorized disclosure and is marked to indicate its appropriate classification. This regulation implements Executive Order 13526 and Department of Defense Manual (DODM) 5200.01, Volumes 1 through 4. This regulation also establishes policy on the safeguards of restricted data (RD) and formerly restricted data (FRD), as specified by the Atomic Energy Act of 1954, as amended.