There’s obviously been a lot of recent discussion of “classified materials” WRT Hillary Clinton’s emails (and Colin Powell’s and Condoleezza Rice’s), but not a lot of cites about where the definition of classified materials originates. Since I’ve been active on various threads on this, I made a promise to charliehall2 to try and pull some things together. This is part 1 of what will have to be a number of diaries.
The Source of US classification Authority
Highly sensitive (aka Classified) definition and handling rules are set by Presidential Executive Order, the current EO being Executive Order 13526, issued by President Obama on December 29, 2009.
This supersedes previous Executive Orders, such as 12958.
EO 13526 defines the basic structure of classification and handling. To give you an idea of the complexity (do read the document in full if you are really interested):
- Part 1: Original Classification
- Classification Standards (what should be classified): Section 1.1
- Classification Levels: Section 1.2
- Defines Confidential, Secret, and Top Secret, and the basic criteria for determining what information should be classified at each level.
- Classification Authorities: Section 1.3
- Who is authorized to classify information.
- Classification Categories: Section 1.4
- Basic topic categories — used to be called “compartments”.
- Duration of Classification Section: 1.5
- Identification and Markings: Section 1.6
- Proper marking of classified material, with stringent instructions
- Classification Prohibitions and Limitation: Section 1.7
- Classification Challenges: Section 1.8
- Fundamental Classification Guidance Review: Section 1.9
- Part 2: Derivative Classification
- Use of Derivative Classification: Section 2.1
- Defines people who do not possess original classifying authority who can classify material. Lower level people in the original classifying organization.
- Classification Guides” Section2.2
- Each original classification authority must prepare guides to define proper procedures for derivative classification
- Part 3: Declassifying and Downgrading
- Authority for Declassification: Section 3.1
- Information must be declassified as soon as it no longer meets criteria for classification, and who can exercise this authority.
- Transferred Records: Section 3.2
- How to deal with classified material transferred to another agency due to a transfer of functions.
- Automatic Declassification: Section 3.3
- How to handle old material that no longer meets the requirements for classification and who can challenge declassification.
- Systematic Declassification Review: Section 3.4
- Orders to each agency to regularly review classified information to see if it should be declassified under the previous section.
- Mandatory Declassification Review: Section 3.5
- Rules for handling requests for review of specific items
- Processing Requests and Reviews: Section 3.6
- Exceptions to the prior 3 sections (editorial comment — pretty damned broad)
- National Declassification Center: Section 3.7
- Establishes an organization within the National Archives to streamline the declassification process (editorial comment — skeptical look)
- Part 4: Safeguarding (here’s where we get to access control and stuff)
- General Restrictions on Access: Section 4.1
- Covers the criteria for granting access, including “need to know”, and the basic instructions for protecting material
- Distribution Controls: Section 4.2
- Requires agency head to define the details and implement mechanisms for implementing access based on section 4.1.
- Special Access Programs: Section 4.3
- Who can define additional restrictions on access over and above the normal classification levels, compartments, and “need to know”. Who must approve and monitor such exceptions. (editorial comment — so there aren’t just three levels)
- Access by Historical Researchers and Certain Former Government Personnel: Section 4.4
- Who else can get access and who has to approve it.
- Implementation and Review (who tracks this stuff)
- Program Direction: Section 5.1
- Establishes the role of the Director of the Information Security Oversight Office, under the direction of the Archivist and in consultation with the National Security Advisor in establishing standards and issuing directives to implement this Executive Order.
- Information Security Oversight Office: Section 5.2
- Orders the actual establishment of the Information Security Oversight Office within the National Archives and sets duties and conditions
- Interagency Classification Appeals Panel: Section 5.3
- Establishes the process for Appeals of classification disputes and who the members of the panel are. (editorial comment — this may be who handled the actual review of Powell, Rice, and Clinton’s mail)
- General Responsibilities: Section 5.4
- Directives to all agency directors about insuring proper information protection and handling policies across their organizations.
- Sanctions: Section 5.5
- Defines steps to be taken in case of a violation of the rules set out in this order, including reference of the issue to law enforcement agencies. (editorial comment — presumably under https://www.law.cornell.edu/uscode/text/18/798 or something similar)
- General Provisions (this is mostly detailed definitions and resolution with other laws and acts still in effect.)
So ends part 1 — for the real wonks. I’ll get to some of the mechanics of classified and unclassified material handling in part two.