unclassified information Reply-To: osint@yahoogroups.com Department of Homeland Security tightens grip on unclassified information The Department of Homeland Security (DHS) is imposing extraordinary new access controls on unclassified information that it deems "for official use only" (FOUO). The new information policy, which was spelled out in an internal DHS directive last month, imposes several classification-like access restrictions on information that is "sensitive but unclassified." So, for example, such unclassified information may only be shared with individuals who are determined to have a "need to know" it. Furthermore, DHS employees and contractors must sign a special Non-Disclosure Agreement before receiving access to unclassified FOUO information. As far as could be determined, no other executive branch agency systematically requires a non-disclosure agreement for access to unclassified FOUO information. Secure storage of FOUO information is required, and secure communication by encrypted telephone and fax is encouraged. In some respects, the new restrictions on unclassified FOUO information are not as onerous than those concerning classified information. For example, a security clearance is not required for access. But in other respects, the new FOUO information policy is actually more far-reaching than national security classification policy. Thus, classified information can only be generated by officials who have been authorized by the President, either directly or indirectly by delegation. But any DHS employee or contractor can designate information as FOUO if it falls within eleven broad categories. Moreover, managers and supervisors can also designate additional information as FOUO even if it falls outside of those categories. Further, the classification system provides for an oversight mechanism through the Information Security Oversight Office. No provision for oversight of the new FOUO policy is included. Finally, the classification system, with all of its limitations, has a declassification program built into it; by executive order, classified documents are to be automatically declassified with the passage of time. But at the Department of Homeland Security, the FOUO restriction will never lapse unless and until the originating authority so decides. "Information designated as FOUO will retain its designation until determined otherwise by the originator or a supervisory or management official having program management responsibility over the originator and/or the information." (Sec. 6E). A copy of the new DHS directive (MD 11042) on "Safeguarding Sensitive But Unclassified (For Official Use Only) Information," dated May 11, 2004, was obtained... through the Freedom of Information Act. See: http://www.fas.org/sgp/othergov/dhs-sbu.html (This directive is apparently distinct from the pending DHS procedures for protection of "sensitive homeland security information" [SHSI], which are "at least a month away" from being circulated for external comment, one official said lately.) [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Yahoo! Domains - Claim yours for only $14.70 http://us.click.yahoo.com/Z1wmxD/DREIAA/yQLSAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? Head on over to our discussion list, discuss-osint@yahoogroups.com. -------------------------- Brooks Isoldi, editor bisoldi@intellnet.org http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: osint-subscribe@yahoogroups.com Unsubscribe: osint-unsubscribe@yahoogroups.com *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> To unsubscribe from this group, send an email to: osint-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ --- end forwarded text -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'