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; page 13 of a Incident , partially Declassified and released to the public in July 2003 . The original overall classification of the page, "top secret" Code Word UMBRA, is shown at top and bottom. The classification of individual paragraphs and reference titles is shown in parentheses - there are six different levels on this page alone. Notations with leader lines at top and bottom cite statutory authority for not declassifying certain sections.]]
The United States Government Classification System is established under Executive Order 13292 , the latest in a long series of Executive Order s on the topic. Issued by President George W. Bush in 2003 , Executive Order 13292 replaces earlier executive orders on the topic and 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 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 a ''secret'' clearance, one may not then handle ''top-secret'' information, but may handle ''secret'' and ''confidential'' classified information.

In the United States, information may not, by law, be classified merely because it would be embarrassing or to cover illegal activity; information may only be classified to protect national security objectives of the nation.


AMOUNT OF CLASSIFIED INFORMATION

According to the researcher Peter Galison , in the United States "the classified universe, as it is sometimes called, is certainly not smaller and very probably is much larger than unclassified one," though nobody is sure exactly what magnitude of materials are classified. Galison argues that more classified information is produced per year than unclassified information, with around 250 million classified pages created in the year 2001 alone (in comparison, Harvard's library added only 66 million pages of material in that same period).Peter Galison, "Removing Knowledge", ''Critical Inquiry'' 31 (August 2004). Available online at [http://www.secrecyfilm.com/resources.html ''Secrecy'' film resources .


ACCESSING CLASSIFIED INFORMATION

Regardless of sensitivity level, information that is classified is restricted in its dissemination based on the "need to know" the information. Having a "top-secret" clearance does not give one access to all documents classified at that level. Rather, information is disseminated based upon sensitivity level ''and'' the need to know. In addition, dissemination of information is often compartmentalized, requiring special additional clearance requirements. Individuals with access to one type of compartmentalized information may, for that reason alone, be denied access to other compartmentalized information. Individuals who need access to the most sensitive intelligence information hold a "TS/SCI" clearance — Top-Secret/Sensitive Compartmented Information. In addition, there are Special Access Programs or "SAPs" that restrict access to all information relating to that program or project to a limited number of pre-approved people.


CLASSIFIED VS. UNCLASSIFIED INFORMATION

In the U.S. information is called "classified" because it has been assigned one of the three levels: Confidential, Secret, or Top Secret. Information which is not so labeled is called unclassified information. The term '''declassified''' is used for information which has had its classification removed, and '''downgraded''' refers to information that has been assigned a lower classification level, but is still classified. Many documents are automatically downgraded and then declassified after some number of years. The U.S. government uses the term '''sensitive but unclassified''' (SBU), or '''Critical Program Information''' (CPI), or '''For Official Use Only''' (FOUO) 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 which was never classified is sometimes referred to as "open source" by those who work in classified activities.


LEVELS OF CLASSIFICATION USED BY THE U.S. GOVERNMENT

The United States Government classifies information according to the degree which the unauthorized disclosure would damage national security. There is a misconception that having Top Secret Clearance allows the viewing of all Top Secret documents; however, this is not true. All US military pilots are required to obtain a Secret Clearance but this only allows them access to documents directly related to their orders.


Top secret

This is the highest security level (Level 3) that is publicly disclosed, and is defined as information which would cause "exceptionally grave damage" to National Security if disclosed to the public. Despite public mystique, little information is classified at "Top Secret" when compared to the other levels of classification. Only that which is exceptionally sensitive (weapon design, presidential security information, nuclear-related projects, various intelligence information) is classified at the Top Secret level. In other cases, the nature of the gathering method used to obtain the information is what causes the information to be classified "Top Secret", though the information itself may be mundane and unimportant. Examples would be signal interceptions ( SIGINT ) or human intelligence ( HUMINT ).


Secret

The second highest classification (Level 2). Information is classified secret when its release would cause "serious damage" to national security. Most information that is classified is held at the secret sensitivity.


Confidential

The lowest classification level (Level 1). It is defined as information which would "damage" national security if disclosed. New information has not been labeled "confidential" for more than ten years.


Unclassified

''Unclassified'' is not technically a "classification"; this is the default, and refers to information that can be released to individuals without a clearance (Level 0). Information that is unclassified is sometimes restricted in its dissemination as SBU or FOUO. For example, the "law enforcement bulletins" often reported by the U.S. media when United States Department Of Homeland Security raises the U.S. terror threat level are usually classified as "U//LES" or "Unclassified - Law Enforcement Sensitive." This information is only supposed to be released to Law Enforcement groups (Sheriff, Police, etc.) Because the information is unclassified, however, it is sometimes released to the public as well. Information which is unclassified, but which the government does not believe should be subject to Freedom Of Information Act requests is often classified as U//FOUO - "Unclassified - For Official Use Only". In addition to FOUO information, information can be categorized according to its availability to be distributed (Distribution D may only be released to approved Department of Defense and Government Contractor personnel). Also, the statement of NOFORN (meaning No Foreign Nationals) is applied to any information which may not be released to any non-US Citizen. NOFORN and Distribution statements are often used in conjunction with classified information or alone on SBU information. Documents subject to export controls have a specific warning to that effect.

The Restriction of NOFORN no longer applies to Australia or Britain when the matter concerns either a) military operations (including training) in which they are participating or b) the broader war on terror. It was reported this change took place in July 2004 when President Bush signed a presidential decree changing US national disclosure policy.

Finally, information at one level of classification may be "upgraded by aggregation" to a higher level. For example, a specific technical capability of a weapon system might be classified Secret, but 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 the controlled, unclassified let alone describe their rules."Michael J. Sniffen, "[http://www.ftimes.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=29262&TM=68081.09 Report: Gov't Secrecy Grows, Costs More ," Associated Press, September 5, 2005 (accessed December 15, 2006)


Restricted

During and before World War II , 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 nations and NATO 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.


Above top secret?

A common question about U.S. classified information is whether a level above Top Secret exists. Looked at one way, the answer is almost certainly no. ). Stringent additional security measures beyond those prescribed for ordinary Top Secret can also be required for the program, which would nevertheless still be classified at the Top Secret level, but with a code name and other markings added. As a practical matter the distinction is mostly semantic.

Another view on the issue can also be argued. Section 1.2 of EO 13492 states that" {Link without Title} nformation may be classified at one of the following three levels:" namely, top secret, secret and confidential (in decending order of sensitivity). If you go by the exact wordings of the directive, it implies that the three-level classification does not in any way prohibit the addition of a more sensitive classification. Adding another tier of information sensitivity, especially for the government, does not automatically entail violating the intent of the executive order.


SENSITIVE COMPARTMENTED INFORMATION

Widely misunderstood as a classification level or specific clearance is "Sensitive Compartmented Information" (SCI). In fact the term refers to a method of handling certain types of classified information that relate to specific national security topics or programs whose existence is not publicly acknowledged, or the sensitive nature of which requires special handling. The SCI paradigm addresses two key logistical issues encountered in the day-to-day control of classified information:

  • Individuals with a legitimate need-to-know but who hold only a Secret clearance may not be able to function effectively without knowing certain Top Secret facts about their work. However, granting all such individuals a blanket DoD Top Secret clearance would be undesirable, not to mention prohibitively expensive.


  • The government may wish to limit certain types of sensitive information only to those who work directly on related programs, so that even someone with a general DoD Top Secret clearance cannot gain access unless it is specifically granted.


To achieve selective separation of program information while still allowing full access to those working on the program, a separate "compartment," identified by a unique codeword (itself sometimes classified), is created for the information. This entails establishing communication channels, data storage, and work locations ( SCIF – Sensitive Compartmented Information Facility) which are physically and logically separated not only from the unclassified world, but from general Department of Defense classified channels as well. Thus established, all information generated within the compartment is classified according to the general rules above. However, to emphasize that the information is compartmented, all documents are marked with both the classification level and the codeword (or sometimes the caveat "Handle via Channels Only").

A person is granted access to a specific compartment after the individual has: a) had a Single Scope Background Investigation similar to that required for a DoD Top Secret clearance; b) been indoctrinated ("read" or "briefed") into the nature and sensitivity of the compartment; and c) signed a Non-disclosure Agreement (NDA). The individual now has access to all compartmented information, regardless of its classification (assuming a need-to-know). However, access does not extend to any other compartment; i.e., there is no single "SCI clearance" analogous to a Top Secret clearance. In fact, the individual may or may not hold a DoD Top Secret or even a DoD Secret clearance; a separate process must be initiated to obtain those. In practice, having been granted SCI access, an individual would certainly qualify for a Secret clearance, and probably a Top Secret clearance; obtaining these, however, represents additional cost to the individual's employer, and so it is not always pursued.

Examples of SCI topics are sensitive intelligence activities, nuclear secrets, and stealth technology. One or more compartments may be created for each area, and each of these compartments may contain multiple programs or projects (e.g. a specific reconnaissance satellite, ICBM, or stealth fighter), themselves with their own codenames.


PROPER PROCEDURE FOR CLASSIFYING U.S. GOVERNMENT DOCUMENTS

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 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 13292 describes the reasons and requirements for information to be classified and declassified. Individual agencies within the government develop guidelines for what information is classified and at what level.


PROTECTING CLASSIFIED INFORMATION