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65-548: The ISCAP was created under Executive Order 12958 , "Classified National Security Information," when it was signed on April 17, 1995 and held its first meeting in May 1996. Today the ISCAP receives its guidelines from Executive Order 13526 of December 29, 2009, which superseded Executive Order 12958 and its amendments in full on June 25, 2010. Section 5.3 of E.O. 13526 directs the ISCAP to perform four critical functions: Additionally,

130-450: A combination lock in the middle of one drawer. In response to advances in methods to defeat mechanical combination locks, the U.S. government switched to electromechanical locks that limit the rate of attempts to unlock them. After a specific number of failed attempts, they will permanently lock, requiring a locksmith to reset them. The most sensitive material requires two-person integrity , where two cleared individuals are responsible for

195-757: A Secret clearance, one may not then handle Top Secret information, but may handle Secret and Confidential classified information. The United States does not have a British-style Official Secrets Act . Instead, several laws protect classified information, including the Espionage Act of 1917 , the Invention Secrecy Act of 1951, the Atomic Energy Act of 1954 and the Intelligence Identities Protection Act of 1982. A 2013 report to Congress noted that

260-766: A facility clearance at the same level as the most sensitive material to be handled. Good quality commercial physical security standards generally suffice for lower levels of classification. At the highest levels, people sometimes must work in rooms designed like bank vaults ( see Sensitive Compartmented Information Facility – SCIF). The U.S. Congress has such facilities inside the Capitol Building , among other Congressional handling procedures for protecting confidentiality. The U.S. General Services Administration sets standards for locks and containers used to store classified material. The most commonly-approved security containers resemble heavy-duty file cabinets with

325-424: A jury can decide if a given document meets that criterion, and judges have repeatedly said that being "classified" does not necessarily make information become related to the "national defense". Furthermore, by law, information may not be classified merely because it would be embarrassing or to cover illegal activity; information may be classified only to protect national security objectives. The United States over

390-620: A member of the Panel by the respective agency head. The President shall designate a Chair from among the members of the Panel. The Director of ISOO serves as its Executive Secretary, and ISOO staff provides program and administrative support for the panel. The Director of the Central Intelligence Agency may appoint a temporary representative to participate as a voting member in all Panel deliberations and associated support activities concerning classified information originated by

455-410: A person with a secret or top secret clearance and that specific code word clearance. Executive Order 13526, which forms the legal basis for the U.S. classification system, states that "information may be classified at one of the following three levels", with Top Secret as the highest level ( Sec. 1.2 ). However, this executive order provides for special access programs that further restricted access to

520-400: A small number of individuals and permit additional security measures ( Sec. 4.3 ). These practices can be compared with (and may have inspired) the concepts multilevel security and role-based access control . U.S. law also has special provisions protecting information related to cryptography ( 18 USC 798 ), nuclear weapons and atomic energy ( see Controls on atomic-energy information ) and

585-466: A specific warning to that effect. Information which is "personally identifiable" is governed by the Privacy Act of 1974 and is also subject to strict controls regardless of its level of classification. Finally, information at one level of classification may be "upgraded by aggregation" to a higher level. For example, a specific technical capability of a weapons system might be classified Secret, but

650-429: A sufficient level of clearance from seeing it. Examples of this include: Special Access Program (SAP), Sensitive Compartmented Information (SCI), Restricted Data (RD), and Alternative or Compensatory Control Measures (ACCM). The classification system is governed by Executive Order rather than by law. An exception is information on nuclear weapons, materials and power, where levels of protection are specified in

715-509: Is a stub . You can help Misplaced Pages by expanding it . Classified information in the United States The United States government classification system is established under Executive Order 13526 , the latest in a long series of executive orders on the topic of classified information beginning in 1951. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on

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780-461: Is based upon a calculation of the damage to national security that the release of the information would cause. The United States has three levels of classification: Confidential, Secret, and Top Secret. Each level of classification indicates an increasing degree of sensitivity. Thus, if one holds a Top Secret security clearance , one is allowed to handle information up to the level of Top Secret, including Secret and Confidential information. If one holds

845-424: Is classified, must obtain this designation through a background check. Public Trust Positions can either be moderate-risk or high-risk. To be properly classified, a classification authority (an individual charged by the U.S. government with the right and responsibility to properly determine the level of classification and the reason for classification) must determine the appropriate classification level, as well as

910-549: Is impossible for the appellant to file an appeal without including classified information, prior arrangements must be made by contacting the Information Security Oversight Office. In accordance with section 5.3(b) of the Order, the ISCAP shall approve, deny or amend agency exemptions from automatic declassification as provided in section 3.3(d) of the Order. In accordance with section 5.3(b) of

975-648: Is often classified as Controlled Unclassified Information (CUI). In addition to CUI classification, information can be categorized according to its availability to be distributed, e.g., Distribution D may only be released to approved Department of Defense and U.S. Department of Defense contractor personnel. The statement of NOFORN (meaning "no foreign nationals ") is applied to any information that may not be released to any non-U.S. citizen. NOFORN and distribution statements are often used in conjunction with classified information or alone on Sensitive But Unclassified (SBU) information. Documents subject to export controls have

1040-521: Is original classification. A great majority of classified documents are created by derivative classification. For example, if one piece of information, taken from a secret document, is put into a document along with 100 pages of unclassified information, the document, as a whole, will be secret. Proper rules stipulate that every paragraph will bear a classification marking of (U) for Unclassified, (C) for Confidential, (S) for Secret, and (TS) for Top Secret. Therefore, in this example, only one paragraph will have

1105-411: Is the second-highest classification. Information is classified Secret when its unauthorized disclosure would cause "serious damage" to national security. Most information that is classified is held at the secret sensitivity. "Examples of serious damage include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to

1170-417: The Atomic Energy Act of 1954 , see restricted data . Typically each president will issue a new executive order, either tightening classification or loosening it. The Clinton administration made a major change in the classification system by issuing an executive order that for the first time required all classified documents to be declassified after 25 years unless they were reviewed by the agency that created

1235-706: The Federation of American Scientists , claimed that the classified universe in the US "is certainly not smaller and very probably is much larger than this unclassified one. ... [And] secrecy ... is a threat to democracy. The U.S. government uses the term Controlled Unclassified Information to refer to information that is not Confidential, Secret, or Top Secret, but whose dissemination is still restricted. Reasons for such restrictions can include export controls , privacy regulations, court orders, and ongoing criminal investigations, as well as national security. Information that

1300-582: The Guantanamo military commission hearing the 9/11 case, the prosecution abandoned the practice. Presumptive classification continues in the cases involving the habeas corpus petitions of Guantanamo Bay detainees . One of the reasons for classifying state secrets into sensitivity levels is to tailor the risk to the level of protection. The U.S. government specifies in some detail the procedures for protecting classified information. The rooms or buildings for holding and handling classified material must have

1365-505: The National Archives as responsible for overseeing and managing the implementation of the new CUI framework. This memorandum has since been rescinded by Executive Order 13556 of November 4, 2010 and the guidelines previously outlined within the memo were expanded upon in a further attempt to improve the management of information across all federal agencies as well as establish a more standard, government-wide program regarding

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1430-595: The National Security that the original classification authority is able to identify or describe." As of 2019, around 1.25 million individuals have Top Secret clearance. "Examples of exceptionally grave damage include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptology and communications intelligence systems;

1495-775: The (S) marking. If the page containing that paragraph is double-sided, the page should be marked SECRET on top and bottom of both sides. A review of classification policies by the Office of the Director of National Intelligence aimed at developing a uniform classification policy and a single classification guide that could be used by the entire U.S. intelligence community . Significant interagency differences were found that impaired cooperation and performance. The initial ODNI review, completed in January 2008, found that "There appears to be no common understanding of classification levels among

1560-484: The Central Intelligence Agency. The Interagency Security Classification Appeals Panel (ISCAP) provides the public and users of the classification system with a forum for further review of classification decisions. The protection of the national security requires that some of the work of the U.S. Government be done outside the purview of its citizenry. In order to ensure an informed public while simultaneously protecting certain information, checks and balances are needed over

1625-531: The Chair and ISCAP. On an as needed basis, the ISCAP may seek detailees from its member agencies to augment the staff of the Information Security Oversight Office in support of the ISCAP. The ISCAP has been established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States (section 5.3(e) of

1690-718: The ISCAP has another function under section 3.3(c)(1) of E.O. 13526. The ISCAP member body consists of senior level representatives appointed by the Departments of State, Defense, and Justice, the National Archives, the Office of the Director of National Intelligence, and the National Security Advisor. Each shall be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as

1755-627: The Interagency Security Classification Appeals Panel (ISCAP) and these bylaws is to fulfill the functions assigned to the ISCAP by Executive Order 12958, "Classified National Security Information," as amended. Executive Order 12958, "Classified National Security Information," as amended (hereafter the "Order"), and its implementing directives. In accordance with section 5.3(b) of the Order, the ISCAP shall decide on appeals by authorized persons who have filed classification challenges under section 1.8 of

1820-471: The March 25, 2003, amendment of E.O. 12958. While intelligence sources and methods information remain subject to the jurisdiction of the ISCAP, section 5.3(f) of the amended Order recognizes the special authority and responsibility of the Director of Central Intelligence (this authority likely shifted to the newly created position of Director of National Intelligence ) to protect such information. The purpose of

1885-621: The Order). As provided in section 5.3(a) of the Order, pertinent information and data about the activities of the ISCAP shall be included in the Reports to the President issued by the Information Security Oversight Office. The Chair, in coordination with the other members of the ISCAP and the Executive Secretary, shall determine what information and data to include in each Report. The approval and amendment of these bylaws shall require

1950-450: The Order, the ISCAP shall decide on appeals by parties whose requests for declassification under section 3.5 of the Order have been denied. Notwithstanding any conclusion reached by the ISCAP that information owned or controlled by the DCI should be declassified, if the DCI disagrees because he or she has made a determination as set forth in section 5.3(f) of the Order, and he or she so notifies

2015-403: The Order. The appeal must contain enough information for the Executive Secretary to be able to obtain all pertinent documents about the classification challenge from the affected agency. No classified information should be included within the initial appeal document. The Executive Secretary will arrange for the transmittal of classified information from the agency after receiving the appeal. If it

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2080-595: The Panel has not been notified of the DCI’s determination within 60 days (or if additional time is requested as outlined above, within 90 days) of the date that the DCI has been notified of the Panel’s conclusion, the information shall be declassified, pending resolution of any appeals filed pursuant to section I of Article VIII of these bylaws. In its consideration of the matters before it, the ISCAP shall perform such additional advisory functions as are consistent with and supportive of

2145-401: The Panel, the information shall remain classified. The Panel expects notification to normally be made in writing within 60 days of receipt of the Panel’s written notification of such a conclusion. In the event that the DCI requires additional time to provide notification to the Panel, the DCI, his or her deputy, or the DCI’s primary or alternate Panel member, shall notify the Panel, in writing, of

2210-446: The U.S. terror threat level were usually classified as "U//LES", or "Unclassified – Law Enforcement Sensitive". This information is supposed to be released only to law enforcement agencies (sheriff, police, etc.), but, because the information is unclassified, it is sometimes released to the public as well. Information that is unclassified but which the government does not believe should be subject to Freedom of Information Act requests

2275-486: The U.S. Government produces more classified information than unclassified information. The United States government classifies sensitive information according to the degree which the unauthorized disclosure would damage national security. The three primary levels of classification (from least to greatest) are Confidential, Secret, and Top Secret. However, even Top Secret clearance does not allow one to access all information at, or below, Top Secret level. Access requires

2340-527: The U.S. diplomatic and national security history. In 1995, United States President Bill Clinton signed this Executive Order . EO 12958 was amended and effectively replaced by President George W. Bush on March 25, 2003, in Executive Order 13292 (text) . EO 13292 has itself since been revoked and replaced. The current EO in effect for classified information is Executive Order 13526 (text) . This United States government–related article

2405-424: The U.S. had a category of classified information called Restricted, which was below confidential. The U.S. no longer has a Restricted classification, but many other countries and NATO documents do. The U.S. treats Restricted information it receives from other governments as Confidential. The U.S. does use the term restricted data in a completely different way to refer to nuclear secrets , as described below. This

2470-600: The act may inadvertently appear in unclassified documents and must be reclassified when discovered. Even documents created by private individuals have been seized for containing nuclear information and classified. Only the Department of Energy may declassify nuclear information. Most RD and FRD (as well as most classified information in general) are classified at either the Confidential or Secret levels; however they require extra RD/FRD specific clearances in addition to

2535-667: The affirmative vote of at least four of the ISCAP's members. In accordance with the Order, the Executive Secretary shall submit the approved bylaws and their amendments for publication in the Federal Register. --> For statistical information please verify the ISOO Annual Reports section on ISCAP. Executive Order 12958 Executive Order 12958 created new standards for the process of identifying and protecting classified information , and led to an unprecedented effort to declassify millions of pages from

2600-418: The aggregation of all technical capabilities of the system into a single document could be deemed Top Secret. Use of information restrictions outside the classification system is growing in the U.S. government. In September 2005 J. William Leonard, director of the U.S. National Archives Information Security Oversight Office , was quoted in the press as saying, "No one individual in government can identify all

2665-415: The classification guides reviewed by the team, nor any consistent guidance as to what constitutes 'damage,' 'serious damage,' or 'exceptionally grave damage' to national security." Step 3 in the classification process is to assign a reason for the classification. Classification categories are marked by the number "1.4" followed by one or more letters (a) to (h): The Invention Secrecy Act of 1951 allows

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2730-687: The classification system. The ISCAP is a six member body consisting of senior level representatives appointed by the Departments of State , Defense , and Justice , the Central Intelligence Agency , the National Archives , and the Assistant to the President for National Security Affairs. Each representative appoints a working level liaison to the ISCAP. The President appoints the ISCAP's Chair from among its members. The Director of ISOO serves as its Executive Secretary, and ISOO staff provides program and administrative support for

2795-508: The clearance level. Unclassified is not technically a classification; this is the default and refers to information that can be released to individuals without a clearance. Information that is unclassified is sometimes restricted in its dissemination as Controlled Unclassified Information . For example, the law enforcement bulletins reported by the U.S. media when the United States Department of Homeland Security raised

2860-489: The clearance necessary for the sensitivity of the information, as well as a legitimate need to obtain the information. For example, all US military pilots are required to obtain at least a Secret clearance, but they may only access documents directly related to their orders. To ensure that only those with a legitimate need to know can access information, classified information may have additional categorizations/markings and access controls that could prevent even someone with

2925-602: The controlled declassification designation process itself. The U.S. Congress has attempted to take steps to resolve this, but did not succeed. The U.S. House of Representatives passed the Reducing Information Control Designations Act H.R. 1323 on March 17, 2009. The bill was referred to the Senate Committee on Homeland Security and Governmental Affairs. Because no action was taken in committee and bills expire at

2990-471: The controlled, unclassified [categories], let alone describe their rules." One of the 9/11 Commission findings was that "the government keeps too many secrets." To address this problem, the Commission recommended that '[t]he culture of agencies feeling they own the information they gathered at taxpayer expense must be replaced by a culture in which the agencies instead feel they have a duty ... to repay

3055-542: The end of every Congress, there is currently no bill to solve unclassified designations. Among U.S. government information, FOUO was primarily used by the U.S. Department of Defense as a handling instruction for Controlled Unclassified Information (CUI) which may be exempt from release under exemptions two to nine of the Freedom of Information Act (FOIA). It is one of the various sub-categorizations for strictly unclassified information which, on 24 February 2012,

3120-586: The exclusive designations for identifying unclassified information throughout the executive branch not covered by Executive Order 12958 or the Atomic Energy Act of 1954 (as amended, though there is CUI//SP-UCNI now ) but still required safeguarding or dissemination controls, pursuant to and consistent with any applicable laws, regulations, and government-wide policies in place at the time. CUI would replace categories such as For Official Use Only (FOUO), Sensitive But Unclassified (SBU) and Law Enforcement Sensitive (LES). The Presidential memorandum also designated

3185-516: The identity of covert intelligence agents ( see Intelligence Identities Protection Act ). Classified information concerning or derived from sensitive intelligence sources, methods, or analytical processes. All SCI must be handled within formal access control systems established by the Director of National Intelligence . Restricted Data (RD) and Formerly Restricted Data (FRD) are classification markings that concern nuclear information. These are

3250-506: The information and determined to require continuing classification. Executive Order 13292 , issued by President George W. Bush in 2003 relaxed some declassification requirements. This is the lowest classification level of information obtained by the government. It is defined as information that would "damage" national security if publicly disclosed, again, without the proper authorization. Examples include information related to military strength and weapons. During and before World War II,

3315-474: The material at all times. Approved containers for such material have two separate combination locks, both of which must be opened to access the contents. Classified U.S. government documents typically must be stamped with their classification on the cover and at the top and bottom of each page. Authors must mark each paragraph, title and caption in a document with the highest level of information it contains, usually by placing appropriate initials in parentheses at

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3380-455: The national security; revelation of significant military plans or intelligence operations: compromise of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security." The highest security classification. "Top Secret shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause 'exceptionally grave damage' to

3445-404: The need for additional time, not to exceed an additional 30 days. Following receipt of the DCI's determination, the Panel, by majority vote, or an agency head represented on the Panel, may petition the President, through the Assistant to the President for National Security Affairs, to reverse the DCI's determination. Such petitions must be made within 60 days of receipt of the DCI's determination. If

3510-500: The only two classifications that are established by federal law, being defined by the Atomic Energy Act of 1954. Nuclear information is not automatically declassified after 25 years. Documents with nuclear information covered under the Atomic Energy Act will be marked with a classification level (confidential, secret or top secret) and a restricted data or formerly restricted data marking. Nuclear information as specified in

3575-445: The panel. Section 5.3 of Executive Order 12958 , as amended, directs the ISCAP to perform three critical functions : The ISCAP bylaws describe the procedures to be followed by individuals or organizations who wish to bring matters before the ISCAP, and the procedures that the ISCAP will follow to resolve these matters. The ISCAP first published its bylaws on March 15, 1996 (61 FR 10854). The ISCAP has revised its bylaws to reflect

3640-575: The past decades under the Obama and Clinton administrations has released classified information to foreign governments for diplomatic goodwill, known as declassification diplomacy. Examples include information on Augusto Pinochet to the government of Chile . In October 2015, US Secretary of State John Kerry provided Michelle Bachelet , Chile's president, with a pen drive containing hundreds of newly declassified documents. A 2007 research report by Harvard history professor Peter Galison , published by

3705-423: The reason information is to be classified. A determination must be made as to how and when the document will be declassified, and the document marked accordingly. Executive Order 13526 describes the reasons and requirements for information to be classified and declassified ( Part 1 ). Individual agencies within the government develop guidelines for what information is classified and at what level. The former decision

3770-508: The relevant laws have been mostly used to prosecute foreign agents, or those passing classified information to them, and that leaks to the press have rarely been prosecuted. The legislative and executive branches of government, including US presidents, have frequently leaked classified information to journalists. Congress has repeatedly resisted or failed to pass a law that generally outlaws disclosing classified information. Most espionage law criminalizes only national defense information; only

3835-408: The revelation of sensitive intelligence operations, and the disclosure of scientific or technological developments vital to national security." Top Secret is the highest level of classification. However some information is further categorized/marked by adding a code word so that only those who have been cleared for each code word can see it. A document marked SECRET (CODE WORD) could be viewed only by

3900-412: The successful implementation of the Order. As provided in section 5.3(a) of the Order, the Director of the Information Security Oversight Office will serve as Executive Secretary to the ISCAP, and the staff of the Information Security Oversight Office will provide program and administrative support for the ISCAP. The Executive Secretary will supervise the staff in this function pursuant to the direction of

3965-462: The suppression of patents (for a limited time) for inventions that threaten national security. Whether information related to nuclear weapons can constitutionally be " born secret " as provided for by the Atomic Energy Act of 1954 has not been tested in the courts. Guantanamo Bay detention camp has used a "presumptive classification" system to describe the statements of Guantanamo Bay detainees as classified. When challenged by Ammar al-Baluchi in

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4030-438: The taxpayers' investment by making that information available.'" Due to over 100 designations in use by the U.S. government for unclassified information at the time, President George W. Bush issued a Presidential memorandum on May 9, 2008, in an attempt to consolidate the various designations in use into a new category known as Controlled Unclassified Information (CUI). The CUI categories and subcategories were hoped to serve as

4095-401: The topic and modified the regulations codified to 32 C.F.R. 2001. It lays out the system of classification , declassification , and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments. The desired degree of secrecy about such information is known as its sensitivity . Sensitivity

4160-509: Was never classified is sometimes referred to as " open source " by those who work in classified activities. Public Safety Sensitive (PSS) refers to information that is similar to Law Enforcement Sensitive but could be shared between the various public safety disciplines (Law Enforcement, Fire, and Emergency Medical Services). Peter Louis Galison , a historian and Director in the History of Science department at Harvard University, claims that

4225-465: Was officially consolidated as CUI. Other departments continuing the use of this designation include the Department of Homeland Security . According to the Department of Defense, Public Trust is a type of position, not clearance level, though General Services Administration refers to it as clearance level. Certain positions which require access to sensitive information, but not information which

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