Secrecy News: Spec Ops on the Ascendant; Barriers to Unclassified Information
Secrecy News: Spec Ops on
the Ascendant; Barriers to Unclassified Information
About
Secrecy News
SECRECY NEWS is an email publication of
the Federation of American Scientists (FAS)
Project on Government Secrecy. It provides
informal coverage of new developments in secrecy,
security and intelligence policies, as well
as links to new acquisitions on the Federation
of American Scientists web site. It
is published 2 to 3 times a week, or as events
warrant. Secrecy
News Article Index
In a quiet realignment of U.S. military force structure,
clandestine special operations forces are being assigned ever
greater mission responsibility.
"In the last three years the role of the Special Operations
Forces has just increased and increased and increased," said
Defense Secretary Donald Rumsfeld in a February 17 interview
with WTVT-TV in Tampa, Florida, where U.S. Special Operations
Command is headquartered.
But the nature and significance of that increase are difficult
for the public to fathom, since government officials won't
discuss the subject.
"I have no comment on any particular questions about Special
Forces because we don't talk about these Special Forces,"
said Pentagon spokesman Lawrence DiRita at a February 19 news
briefing.
In the absence of official comment, one can still glean a good
deal of information about the role of special operations
forces through unclassified military research and strategy
papers.
Over the past year alone, studies have been prepared on topics
such as: "The Army Special Operations Forces Role in Force
Projection"; "How Can the U.S. Army Overcome Intelligence
Sharing Challenges Between Conventional and Special
Operations Forces?"; "Transformation of Special Operations:
Reducing Joint Friction"; "Should the Marine Corps Expand Its
Role in Special Operations?"; and "Guerrilla Warfare Tactics
in Urban Environments".
These and other papers on special operations can be found
here.
The budget for Special Operations Command increased by 35% in
2004, reported William M. Arkin in an incisive critical
commentary on special forces in the Los Angeles Times, "Not a
Magic Bullet," February 22.
BARRIERS TO UNCLASSIFIED INFO PROLIFERATE
The system of government controls on unclassified information
is becoming more complex, as new types of official
restrictions on public access to information multiply. These
include the following:
1. Critical Infrastructure Information (CII)
On February 20, the Department of Homeland Security published
its interim rule on "critical infrastructure information"
(CII), which would prohibit release of information
"voluntarily submitted" by industry regarding systemic
infrastructure vulnerabilities.
"By offering an opportunity for protection from disclosure under the
Freedom of Information Act for information that qualifies..., the
Department will assure private sector entities that their information
will be safeguarded from abuse by competitors or the open market,"
DHS stated. More...
"Shrouding infrastructure information in absolute secrecy will remove
a powerful incentive for remedial action and might actually exacerbate
security problems," argued David Sobel of the Electronic Privacy Information
Center in July
2002 testimony.
2. Critical Energy Infrastructure Information (CEII)
Another new and related control category called "Critical
Energy Infrastructure Information" (CEII) was devised by the
Federal Energy Regulatory Commission (FERC). This
extraordinary control marking blocks public requests for
certain unclassified energy information unless the requester
can demonstrate a "need to know," and consents to sign a
non-disclosure agreement.
Over the past six months, FERC reports, it received 126
requests for information designated as CEII. Most requests
were granted, or otherwise resolved.
But four requests were denied "because the requester did not agree
to the terms of an appropriate non-disclosure agreement." More...
3. Sensitive Homeland Security Information (SHSI)
A separate category called "Sensitive Homeland Security
Information" was established in the Homeland Security Act of
2002. The regulations governing this category have not been
completed.
"The Department of Homeland Security is currently working to develop
procedures for the sharing of sensitive homeland security information,"
a DHS
official wrote on February 18. "At this time, however, these procedures
have not been finalized."
4. Sensitive But Unclassified (SBU)
Then there is "sensitive but unclassified." This term is
most frequently used as a generic description of information
that is not intended for release, rather than as a specific
information control category.
But here is a November 2002 Treasury Department document that is actually
marked "Sensitive But Unclassified." It comes from the document
collection published by Ron Susskind in connection with his book
"The Price of Loyalty".
5. The Tenth Exemption
Perhaps the most widespread of all official controls on
unclassified information is what might be called the tenth
exemption to the Freedom of Information Act: "I don't wanna
tell you."
Last week Secrecy News called the CIA Public Affairs office to
request a copy of the unclassified speech that was delivered
at CIA on February 11 by Jami A. Mascik, deputy director of
intelligence. The text of the speech had previously been
provided to the Washington Post and the New York Times.
A few hours later, a CIA official ("Michelle") called back to advise
that Bill Harlow, the head of CIA public affairs, was "exercising
his discretion not to give it to you."
