This Weeks' Topic
Classified Information

 

Government secrecy, classified information, top secret data - these words bring to mind anything from wild conspiracy theories to pragmatic concerns about national security. Who decides what information can be classified, and what happens to that information once it is?

What determines how classification levels are set? And who gets to decide what information becomes classified?

The government’s classification levels are set by executive order, straight from the President himself. The most recent order, Executive Order 13292, was issued by President George Bush on March 25, 2003. In particular, it focused on intelligence that could be used to stop terrorist attacks, and, interestingly, it gave Vice President Dick Cheney presidential powers to make more information classified.

Are there different levels of classification?

Yes. Information is categorized into 3 levels based on the amount of damage it would do to national security if it were disclosed.

  • Top Secret - Is the highest security level. Information includes presidential security and location of nuclear warheads.
  • Secret information, or Level 4, includes the identities of CIA operatives, the locations of hidden bunkers, and most military info.
  • Confidential - Level 3, is the lowest level of classified info. Information from other countries is typically listed as confidential. 

As citizens, what rights do we have to uncover unclassified information? Let’s say that the EPA has conducted tests for toxic chemicals at an industrial site near your home. Or you may have taken part in government sponsored medical tests, but were never told the results. How do your find out this information?

Big government needs to be held accountable. So in order to make the operation of government as transparent as possible, we have a right to request copies of federal government files under the Freedom of Information Act.    

How does someone go about filing a request under the Freedom of Information Act?

Write a letter to the federal agency that you believe has the information you are looking for. Clearly identify your name, address, social security number, and specifically describe what you are requesting. Now remember, that the government is entitled to charge you for its research time and copies. So put a cap on what you are willing to pay.

The judge in the Zacarias Moussaoui trial  recently said that , "As a culture, we need to be careful not to be so wrapped up in secrecy that we lose track of our core values and laws."

So we need to continue to strike a balance between secrecy and our Freedom of Information.


Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


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