Classification and Declassification in Context: Starting points
A couple quick thoughts as we digest the current news:
U.S. national security classification and declassification rules are established by Executive Order 13526 (EO 13526)
Just because a document is marked classified doesn’t by itself make that document appropriately classified
The foundation point is that documents aren’t classified, information is classified…i.e. if a document contains classified information it is classified, but if it doesn’t it isn’t…the markings are a tool, but one that is sometimes misapplied…there is a mechanism to correct the situation if misapplied
Having spent over 7 years on the NSC staff conducting declassification reviews and over 11 years on the Information Security Oversight Office (ISOO) staff conducting oversight of agency classification, declassification, and controlled unclassified information programs I have seen numerous documents that were inappropriately marked
If a document is not marked properly – this includes 1) it shouldn’t be classified, 2) it is classified too high, 3) it is classified too low, 4) it should have been classified, but wasn’t marked, and 5) it is classified at the right level but has other markings that are inappropriate or missing – then there is a specific provision of EO 13526 that sets out the way this situation should be addressed. That provision is a classification challenge and it is laid out in EO 13526 Section 1.8
EO 13526 Section 1.8 states: “Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.
(b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information, including authorized holders outside the classifying agency, are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that:
(1) individuals are not subject to retribution for bringing such actions;
(2) an opportunity is provided for review by an impartial official or panel; and
(3) individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order.”
This will be the first of many articles on the classification, declassification, and controlled unclassified information systems.
American democracy is stronger when we increase transparency and factual understanding of these systems and the vital work done each day to protect national security while making the government accountable to voters.
