Security Classification – The Long and Short of It

Safeguarding information is nothing new and does not solely apply to governments and military operations. Companies, manufacturers, design businesses, etc., safeguard proprietary information and processes to gain and keep an edge over competitors. Specified members/employees within a company will decide when to stop safeguarding information. All employees who are granted access to the information are usually required to sign nondisclosure agreements (NDA). Violation of the agreement will most likely result in employment termination and prosecution.

Our government classifies information, equipment, programs, etc., not based upon proprietary protection, but based upon national security – keeping the citizens safe from enemies who intend or could potentially intend us harm. This is information which disclosed to an enemy could weaken our ability to defend against attacks or prosecute actions such as military operations.

There is a process by which information is classified and a process by which people are cleared to access classified information. Information classification and clearances are divided into levels. The three primary levels are TOP SECRET, SECRET, and CLASSIFIED. The definition for each level is as follows:

TOP SECRET – Will be applied to information in which the unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security.

SECRET – Will be applied to information in which the unauthorized disclosure could reasonably be expected to cause serious damage to the national security.

CONFIDENTIAL – Will be applied to information in which the unauthorized disclosure could reasonably be expected to cause damage to the national security.

Gaining clearance to access classified information involves background investigations. The scope of the investigation depends upon the level of clearance to be granted and is normally done by the Defense Investigative Agency (DIA). An investigation for clearance to the TOP SECRET level can take a year or more. That exemplifies the seriousness of accessing classified information. The clearance investigation process applies to members of congress as well. The following establishes the responsibilities of government personnel granted security clearances and establishes a need-to-know criterion for access.

“Government personnel are responsible, both personally and officially, for safeguarding classified information for which they have access. This responsibility includes ensuring they do not permit access, to sensitive or classified information, by unauthorized personnel. Any person who does not have a need–to–know and who is not cleared or granted access to information at that level is considered unauthorized personnel. Both the clearance/access authorization and the need–to–know must be present before access is authorized.”

Additionally, government personnel are briefed on their responsibility to protect classified information and must sign a Classified Information Nondisclosure Agreement (NDA). The NDA compels cleared people to continue to safeguard classified material even after they no longer work with the information. The duration of the NDA depends upon the continued classification of the information. Some TOP SECRET information is never downgraded or declassified. In that situation a person is bound to secrecy basically forever. Once information is declassified, people are free to talk about it, however, prudent people normally will not.

Basically, because I have a TOP SECRET clearance, I cannot just walk into an area and ask to see TOP SECRET or even SECRET or even CLASSIFIED information, if a “need-to-know” is not established. In addition an NDA must be signed and on file in the area of the classified information that I am to access. Procedural safeguards, if you will.

There are also processes in place to express concerns over legality issues (whistleblowing, if you will). There are established avenues within DOD for uniformed personnel that continues to safeguard the information, yet provide a grievance process. Government civilians and contractors bound by security codes may access specified members of Congress (who are normally members of intelligence committees). The law (and ethics) does not permit freely disclosing classified information to parties who are not cleared to receive it. The Whistleblower Act does not apply to the unauthorized disclosure of classified information. Violations are covered under the following US Code.

Title 18, United States Code Section 798. Disclosure of classified
information

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information--

(3) concerning the communication intelligence activities of the United States or any foreign government;

Shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

Security classification exists for a reason – to protect America and its citizens. Some of those citizens wear uniforms under arms in direct defense of our nation. Some citizens just go to work normally and expect to be able to go home to their families at the close of the business day.

Callous disclose of classified information is a betrayal to all the citizens of this nation, both liberal and conservative alike. Printing information pertinent to a classified program in an internationally circulated newspaper bears the stain of treason. In regard to last Friday’s classified program revelation, without exception, these newspapers and reporters should be brought under the scrutiny of the Justice Department for possible violation of US Code. If found in violation; they must be prosecuted to the fullest extent of the law. In my estimation, there are no mitigating circumstances that warrant the betrayal of this nation.