[osint] Department of Homeland Security tightens grip on

[Brooks Isoldi]

unclassified information
Reply-To: osint at 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]



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Brooks Isoldi, editor
bisoldi at intellnet.org

http://www.intellnet.org

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