Just because it is made public doesn't mean it's declassified

John Gilmore gnu at toad.com
Thu Aug 2 08:22:42 PDT 2001


Just because it is public DOES mean it's declassified.  There are
Supreme Court cases on this.  If the government can recover all the
copies, then it can REclassify it.  But if it can't, then the document
is not classified.  

I ran into this situation when digging up some of William Friedman's
early work from the government.  I sued under FOIA to get copies, the
gov't declared that the documents were top secret, and I got copies
from public libraries and filed them with the court.  The government
complained bitterly, but a day after the New York Times story broke,
they dropped the issue.

Thus: Shine a bright, bright light ANYTIME they start to pull this
sort of garbage.  And make sure you've stashed copies of the document
in half a dozen unlikely places, before letting the government know
you have the document.  It's completely likely that they'll send their
bully-boys to steal it from you so they can reclassify it, if you have
the only copy.

	John





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