This explanation of the development of E.O. originally appeared as an appendix to Annual Report to the President FY (Washington, D.C., ) by . The new National Security Information Executive Order issued by President Reagan on April 2, E.O. , includes a number of changes to Executive Order . Shortly after President Ronald Reagan issued E.O. on April 2, , general and of E.O. in particular with a view to reform
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In addition to foreign government information and the identity of a confidential foreign source, unauthorized disclosure of intelligence sources and methods is also now presumed to cause damage to the national security. This requirement is a partial reversal of a provision in E. Views Read Edit View history.
The new order also removes the limits on the duration of classification. Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. This executive order was issued by President Clinton on April 17,and will take effect on October 14, This page was last edited on 6 Novemberat Certain specified individuals could extend the declassification date or event or establish a date for declassification review 12365 six years, but generally no more than 20 years after original classification.
The new order also eliminates the prohibition against the reclassification of information previously declassified and released by providing that such information can be reclassified if it “may reasonably be recovered. Second, the information must fall within one or more specified categories of information.
This system and prior systems linking classification to arbitrary in time frames did not significantly accelerate the declassification process but did increase the risk 123566 premature disclosure of information that merited continued protection. EO restated the authorized list of designees who can originate classification, in effect rescinding any previous designations made by officials or agency 12365 to subordinates. In one lawsuit, for example, the plaintiff argued that disclosure of information identifying certain intelligence sources would not result in “identifiable” damage because the expected harm to fo sources was merely speculative.
From Wikipedia, the free encyclopedia. These latest regulations, at the time, went into full 1356 on June 25, except for sections 1.
National Archives and Records Administration, Vol. Retrieved from ” https: These changes are designed 1235 enhance the executive branch’s ability to protect national security information from unauthorized or premature disclosure without increasing the quantity of classified information.
Catalog Record: Marking : EO 12356, national security information | Hathi Trust Digital Library
Steven Garfinkel, director of the General Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new order, says that the new order “keeps the lid on” the most important factors influencing the extent of classification: This order keeps the number of classifiers at its present total of approximately 7, persons worldwide, down percent from just a decade ago, and retains the requirements for effective internal and external monitorship and training.
But when, for example, an erroneous release is made to a single FOIA requester, this new provision provides the Government with needed flexibility that it did not have under the previous order. First, the individual classifying the el must be authorized to do so.
This order prescribes a uniform system for classifying, safeguarding, and declassifying One factor was the large backlog of documents scheduled to be automatically declassified on December 31, and how to deal with that reality.
In other projects Wikisource. One other major change to E. No such application of the “identifiable damage” concept was intended, and yet each such assertion in court required a full explanation and response, thereby increasing the increasing the Government’s litigative burden.
Tampa Bay Times PolitiFact. After 20 years, only an agency head could extend classification and then only in year increments. They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans.
Another 112356 made by the new order is the addition of a requirement that, in cases of doubt as to classifiability or the proper level of classification, the information be considered classified or classified at the higher level pending a final determination within 30 days by an original classification authority.
Barack Obama on December 29, In conclusion, nothing in the new order is intended to permit the classification of additional material beyond that which was subject to classification under E.
For example, under the order that is being replaced, classification activity increased approximately ten percent between FY ’79 and FY ’80, largely because of 1235 Iranian hostage crisis.
Executive Order National Security Information
The new order, 47 Fed. Steven Garfinkel, director of the 123556 Services Administration’s Information Security Oversight Office and the person responsible for monitoring compliance with the new order, says that the new order “keeps the lid on” the most important factors influencing the extent of classification:.
The second change to the requirements for classification is the addition of several subject matter categories of information e. The major focus 12536 the idea eoo information should become declassified systematically as soon as practicable. Another departure from E. This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities.
National Archives and Records Administration, 5 January 122356 Specific time limits are mentioned for different kinds of information, but there is also the provision that information that still needs to be classified can stay classified.
However, some litigants have contended that this language requires that the damage be of a particular type or degree in order to justify classification. Generally, however, it ties the duration of classification to the continued national security sensitivity of the information.
Of the systemic variables that do affect the number of classification decisions, the most relevant are the number of persons authorized to classify information and the quality of program oversight. Written by Gerald A. Many executive branch agencies receive FOIA requests for information which may be classified according to the guidelines established by current Executive As noted earlier, all of these changes are designed to better enable the Government to protect truly sensitive national security eoo court and otherwise–and to reduce unnecessary administrative burdens without permitting excessive classification.
The ep order allows classifiers to continue to establish specific dates or events for declassification where that is appropriate. Third, the classifying official must determine that unauthorized fo of the information could reasonably be expected to cause damage to the national security.
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These additions, however, merely codify and clarify existing practice under the previous order and do not authorize classification of information that does not also meet other requirements. While the “balancing test” may be a laudable principle, including an explicit requirement in the executive order only invited others to substitute their judgment for that of executive branch officials possessed with the expertise and experience to exercise this responsibility.
This unintended burden will be eliminated by the new order.