Classified information [COSMIC TOP SECRET (CTS)] The International Union
Classified information
A typical classified document. Page 13 of a U.S. National Security Agency report[1] on the USS Liberty incident, partially declassified and released to the public in July 2004. The original overall classification of the page, “top secret”, and the Special Intelligence code word “umbra,” are shown at top and bottom. The classification of individual paragraphs and reference titles is shown in parentheses – there are six different levels on this page alone. Notations with leader lines at top and bottom cite statutory authority for not declassifying certain sections.
Classified information is a categorization applied to information that a government claims is sensitive information. Access is restricted by law or regulation to particular groups of persons. A formal security clearance is often required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation. There are typically several levels (classes) of sensitivity, with differing clearance requirements. This sort of hierarchical system of secrecy is used by virtually every national government. The act of assigning the level of sensitivity to data is called data classification. Although the root sense of the word “classified” is simply synonymous with “categorized“, it has developed a sense synonymous with “censored” in the context of classified information.
A distinction could be made between formal security classification and privacy markings such as “Commercial in confidence”.
Some corporations and non-government organizations also assign sensitive information to multiple levels of protection, either from a desire to protect trade secrets, or because of laws and regulations governing various matters such as personal privacy, sealed legal proceedings and the timing of financial information releases.
[edit] Government classification
The purpose of classification is to protect information from being used to damage or endanger national security. Classification formalises what constitutes a “state secret” and accords different levels of protection based on the expected damage the information might cause in the wrong hands.
However, classified information is frequently ‘leaked’ to reporters by officials for political purposes. Several US presidents have leaked sensitive information to get their point across to the public.[2][3]
[edit] Classification levels
Although the classification systems vary from country to country, most have levels corresponding to the following British definitions (from the highest level to lowest)
[edit] Top Secret (TS)
The highest level of classification of material on a national level. Such material would cause “exceptionally grave damage” to national security if made publicly available.
[edit] Secret
“It is desired that no document be released which refers to experiments with humans and might have adverse effect on public opinion or result in legal suits. Documents covering such work field should be classified `secret’.”
Such material would cause “serious damage” to national security if it were publicly available.
[edit] Confidential
Such material would cause “damage” or be “prejudicial” to national security if publicly available.
[edit] Restricted
Such material would cause “undesirable effects” if publicly available. Some countries do not have such a classification.
[edit] Unclassified
Technically not a classification level, but is used for government documents that do not have a classification listed above. Such documents can sometimes be viewed by those without security clearance.
There are a plethora of pseudo-classifications under this category. Please see the articles on Sensitive but unclassified and Controlled Unclassified Information for more information. Some government prosecutors have retro-actively changed unclassified information into classified information after charging someone with a crime; see the Thomas Andrews Drake case for example.
[edit] Clearance
Depending on the level of classification there are different rules controlling the level of clearance needed to view such information, and how it must be stored, transmitted, and destroyed. Additionally, access is restricted on a “need to know” basis. Simply possessing a clearance does not automatically authorize the individual to view all material classified at that level or below that level. The individual must present a legitimate “need to know” in addition to the proper level of clearance.
[edit] Compartmented information
In addition to the general risk-based classification levels above, often there are additional constraints on access, such as (in the U.S.) Special Intelligence (SI), which protects intelligence sources and methods, No Foreign dissemination (NOFORN), which restricts dissemination to U.S. nationals, and Originator Controlled dissemination (ORCON), which ensures that the originator can track possessors of the information. Documents in some compartments are marked with specific “code words” in addition to the classification level.
[edit] Nuclear information
Government information about nuclear weapons such as nuclear warheads often has an additional marking to show it contains such information.
[edit] Sharing classified information between countries
When a government agency or group shares information between an agency or group of other country’s government they will generally employ a special classification scheme that both parties have previously agreed to honour.
For example the marking ATOMAL, is applied to U.S. RESTRICTED DATA or FORMERLY RESTRICTED DATA and United Kingdom ATOMIC information that has been released to NATO. ATOMAL information is marked COSMIC TOP SECRET ATOMAL (CTSA), NATO SECRET ATOMAL (NSAT), or NATO CONFIDENTIAL ATOMAL (NCA).
In cases where a country wishes to share classified information bilaterally (or multilaterally) with a country that has a sharing agreement, the information is with the countries it can be shared with. Those countries would have to maintain the classification of the document at the level originally classified (TOP-SECRET, SECRET, etc.) with the appropriate caveat (USNZ, AUSGE, CANUK, etc.).
[edit] NATO classifications
For example, sensitive information shared amongst NATO allies has four levels of security classification; from most to least classified:
- COSMIC TOP SECRET (CTS),
- NATO SECRET (NS),
- NATO CONFIDENTIAL (NC), and
- NATO RESTRICTED (NR).
A special case exists with regard to NATO UNCLASSIFIED (NU) information. Documents with this marking is NATO property (copyright) and must not be made public without NATO permission. In general documents with this classification, aren’t cleared for internet-transmission either, unless clearly marked with RELEASABLE FOR INTERNET TRANSMISSION. Documents that can be made public however, should be clearly marked with NON SENSITIVE INFORMATION RELEASABLE TO THE PUBLIC.
In addition to the above classification levels NATO operates with
- COSMIC TOP SECRET – A
This level is given to people who need to have access to the joined Atomic program of NATO. This level is never given permanently to anyone, regardless of jobtitle – e.g. President of the U.S.A. etc. It is only given for short periods of time, when needed.
[edit] International organisations
- European Commission, has 5 levels, EU TOP SECRET, EU SECRET, EU CONFIDENTIAL, EU RESTRICTED, and EU COUNCIL / COMMISSION.[5] (Note that usually the French term is used)
- OCCAR, a European defence organisation, has three levels of classification: OCCAR SECRET, OCCAR CONFIDENTIAL, OCCAR RESTRICTED.[6]
[edit] By country
Facsimile of the cover page from an East German operation manual for the M-125 Fialka cipher machine. The underlined classification markings can be translated as “Cryptologic material! Secret classified material” de:Verschlusssache.
Most countries employ some sort of classification system for certain government information. For example, in Canada, information that the U.S. would classify SBU (Sensitive but Unclassified) is called “protected” and further subcategorised into levels A, B, and C.
[edit] Australia
On 19 July 2011, the National Security (NS) classification marking scheme and the Non-National Security (NNS) classification marking scheme in Australia was unified into one structure.
The Australian Government Security Classification system now comprises TOP SECRET, SECRET, CONFIDENTIAL and PROTECTED. A new dissemination limiting markers (DLMs) scheme was also introduced for information where disclosure may be limited or prohibited by legislation, or where it may otherwise require special handling. The DLM marking scheme comprises For Official Use Only (FOUO), Sensitive, Sensitive: Personal, Sensitive: Legal, and Sensitive Cabinet. [7]
Documents marked Sensitive Cabinet, relating to discussions in Federal Cabinet, are treated as PROTECTED at minimum due to its higher sensitivity.
Background checks for access to TOP SECRET material are carried out at either of two levels: at TOP SECRET NEGATIVE VETTING (TSNV), or at the more stringent and expensive TOP SECRET POSITIVE VETTING (TSPV) level, depending on the extent of required access to TOP SECRET material and on the potential damage to national security should such material be disclosed to unauthorised parties. Most background checks for access to TOP SECRET material are carried out at the TOP SECRET NEGATIVE VETTING level.
[edit] Brazil
In Brazil, a top secret (Ultrassecreto) government-issued document may be classified for a period of 25 years, which may be extended up to another 25 years. Thus, no document remains classified for more than 50 years. This is mandated by the 2011 Information Access Law (Lei de Acesso à Informação), a change from the previous rule, under which documents could have their classification time length renewed indefinitely, effectively shuttering state secrets from the public. The new law applies retroactively to existing documents.
[edit] Canada
[edit] Background and hierarchy
There are 2 main type of sensitive information designation used by the Government of Canada: Classified and Designated. The access and protection of both types of information is governed by the Security of Information Act, effective December 24, 2001, replacing the Official Secrets Act 1981.[8] To access the information, a person must have the appropriate level of clearance and a Need to know.
[edit] Special operational information
SOI is not a classification of data per se. It is defined under the Security of Information Act, and unauthorised release of such information constitutes a higher breach of trust, with penalty of life imprisonment.
SOIs include:
- military operations in respect of a potential, imminent or present armed conflict
- the identity of confidential source of information, intelligence or assistance to the Government of Canada
- tools used for information gathering or intelligence
- the object of a covert investigation, or a covert collection of information or intelligence
- the identity of any person who is under covert surveillance
- encryption and cryptographic systems
- information or intelligence to, or received from, a foreign entity or terrorist group
[edit] Classified information
Classified information can be designated Top Secret, Secret or Confidential. These classifications are only used on matters of national interest.
- Top Secret: This applies when compromise might reasonably cause exceptionally grave injury to the national interest. The possible impact must be great, immediate and irreparable.
- Secret: This applies when compromise might reasonably cause serious injury to the national interest.
- Confidential: When disclosure might reasonably cause injury to the national interest.
[edit] Designated information
Designated information is not classified. Designated information pertains to any sensitive information that does not relate to national security and cannot be disclosed under the access and privacy legislation because of the possible injury to particular public or private interests.[9][10]
- Protected C (Extremely Sensitive designated information): is used to protect extremely sensitive information if compromised, could reasonably be expected to cause extremely grave injury outside the national interest. Examples could include bankruptcy, identities of informants in criminal investigations, etc.
- Protected B (Particularly Sensitive designated information): is used to protect information that could cause severe injury or damage to the people or group involved if it was released. Examples include medical records, annual personnel performance reviews, etc.
- Protected A (Low-Sensitive designated information): is applied to low sensitivity information that should not be disclosed to the public without authorisation and could reasonably be expected to cause injury or embarrassment outside the national interest. Example of Protected A information could include employee number, pay deposit banking information, etc.
Federal Cabinet (Queen’s Privy Council for Canada) papers are either designated (i.e. overhead slides prepared to make presentations to Cabinet) or classified (draft legislations, certain memos).[11]
[edit] People’s Republic of China
A building in Wuhan housing provincial offices for dealing with foreign countries etc. The red slogan says, “Protection of national secrets is a duty of every citizen”
The Criminal Law of the People’s Republic of China (which is not operative in the Special Administrative Regions of Hong Kong and Macao) makes it a crime to release a state secret. Regulation and enforcement is carried out by the National Administration for the Protection of State Secrets.
Under the 1989 “Law on Guarding State Secrets,”[12] state secrets are defined as those that concern:
- Major policy decisions on state affairs;
- The building of national defence and in the activities of the armed forces;
- Diplomatic activities and in activities related to foreign countries and those to be maintained as commitments to foreign countries;
- National economic and social development;
- Science and technology;
- Activities for preserving state security and the investigation of criminal offences; and
- Any other matters classified as “state secrets” by the national State Secrets Bureau.[13]
Secrets can be classified into one of three categories:
- Top secret (绝密): Defined as “vital state secrets whose disclosure would cause extremely serious harm to state security and national interests”;
- Highly secret (机密): Defined as “important state secrets whose disclosure would cause serious harm to state security and national interests”; and
- Secret (秘密): Defined as “ordinary state secrets whose disclosure would cause harm to state security and national interests”.[13]
[edit] France
In France, classified information defined by article 413-9 of the Penal Code.[14] The three levels of military classification are
- Confidentiel Défense (Confidential Defence): Information deemed potentially harmful to national defence, or that could lead to uncovering an information classified at a higher level of security.
- Secret Défense (Secret Defence): Information deemed very harmful to national defence. Such information cannot be reproduced without authorisation from the emitting authority, except in exceptional emergencies.
- Très Secret Défense (Very Secret Defence): Information deemed extremely harmful to national defence, and relative to governmental priorities in national defence. No service or organisation can elaborate, process, stock, transfer, display or destroy information or protected supports classified at this level without authorisation from the Prime Minister or the national secretary for National Defence. Partial or exhaustive reproduction is strictly forbidden.
Less sensitive information is “protected”. The levels are
- Non Protégé (unprotected)
- Diffusion restreinte administrateur (“administrative restricted information”)
- Diffusion restreinte (“restricted information”)
- Confidentiel personnels Sous-Officiers (“Confidential non-commissioned officers”)
- Confidentiel personnels Officiers (“Confidential officers”)
A further mention, “spécial France” (reserved France) restricts the document to French citizens (in its entirety or by extracts). This is not a classification level.
Declassification of documents can be done by the Commission consultative du secret de la défense nationale (CCSDN), an independent authority. Transfer of classified information is done with double envelopes, the outer layer being plastified and numbered, and the inner in strong paper. Reception of the document involves examination of the physical integrity of the container and registration of the document. In foreign countries, the document must be transferred through specialised military mail or diplomatic bag. Transport is done by an authorised convoyer or habilitated person for mail under 20 kg. The letter must bear a seal mentioning “PAR VALISE ACCOMPAGNEE-SACOCHE“. Once a year, ministers have an inventory of classified information and supports by competent authorities.
Once their usage period is expired, documents are transferred to archives, where they are either destroyed (by incineration, crushing or electrical overtension), or stored.
In case of unauthorized release of classified information, competent authorities are the Ministry of Interior, the Haut fonctionnaire de défense et de sécurité (“high civil servant for defence and security”) of the relevant ministry, and the General secretary for National Defence. Violation of such secrets is an offence punishable with 7 years of imprisonment and a 100 000 Euro fine; if the offence is committed by imprudence or negligence, the penalties are 3 years of imprisonment and a 45 000 Euro fine.
[edit] Hong Kong
The Security Bureau is responsible for developing policies in regards to the protection and handling of confidential government information. In general, the system used in Hong Kong is very similar to the UK system, developed from the Colonial Hong Kong era.
Four classifications exists in Hong Kong, from highest to lowest in sensitivity:[15]
- Top Secret (高度機密)
- Secret (機密)
- Confidential (保密)
- Temporary Confidential (臨時保密)
- Restricted (限閱文件/內部文件)
- Restricted (staff) (限閱文件(人事))
- Restricted (tender) (限閱文件 (投標))
- Restricted (administration) (限閱文件 (行政))
Restricted documents are not classified per se, but only those who have a need to know will have access to such information, in accordance with the Personal Data (Privacy) Ordinance.[16][dead link]
[edit] New Zealand
New Zealand uses the Restricted classification, which is lower than Confidential. People may be given access to Restricted information on the strength of an authorisation by their Head of Department, without being subjected to the background vetting associated with Confidential, Secret and Top Secret clearances. New Zealand’s security classifications and the national-harm requirements associated with their use are roughly similar to those of the United States.
In addition to national security classifications there are two additional security classifications, In Confidence and Sensitive, which are used to protect information of a policy and privacy nature. There are also a number of information markings used within ministries and departments of the government, to indicate, for example, that information should not be released outside the originating ministry.
Because of strict privacy requirements around personal information, personnel files are controlled in all parts of the public and private sectors. Information relating to the security vetting of an individual is usually classified at the In Confidence level.
[edit] Russian Federation
In the Russian Federation, a state secret (Государственная тайна) is information protected by the state on its military, foreign policy, economic, intelligence, counterintelligence, operational and investigative and other activities, dissemination of which could harm state security.
[edit] Sweden
The Swedish classification has been updated due to increased NATO/PfP co-operation. All classified defence documents will now have both a Swedish classification (Kvalificerat Hemlig or Hemlig), and an English classification (Top Secret, Secret, Confidential or Restricted).[citation needed]
[edit] United Kingdom
The United Kingdom currently uses five levels of classification — from lowest to highest, they are: PROTECT, RESTRICTED, CONFIDENTIAL, SECRET and TOP SECRET (formerly MOST SECRET). Those working with such material should have the relevant security clearance and often are required to sign to confirm their understanding and acceptance of the Official Secrets Acts 1911 to 1989, although the Act applies in the same way regardless of signature. PROTECT is not in itself a security protective marking level (such as RESTRICTED or greater), but is used to indicate information which should not be disclosed because, for instance, the document contains tax, or national insurance or other personal information.
Government documents without a classification may be marked as UNCLASSIFIED or NOT PROTECTIVELY MARKED.[17]
[edit] United States
The U.S. classification system is currently established under Executive Order 13292 and has three levels of classification — Confidential, Secret, and Top Secret. The U.S. had a Restricted level during World War II but no longer does. U.S. regulations state that information received from other countries at the Restricted level should be handled as Confidential. A variety of markings are used for material that is not classified, but whose distribution is limited administratively or by other laws, e.g., For Official Use Only (FOUO), or Sensitive but Unclassified (SBU). The Atomic Energy Act of 1954 provides for the protection of information related to the design of nuclear weapons. The term “Restricted Data” is used to denote certain nuclear technology. Information about the storage, use or handling of nuclear material or weapons is marked “Formerly Restricted Data.” These designations are used in addition to level markings (Confidential, Secret and Top Secret). Information protected by the Atomic Energy Act is protected by law and information classified under the Executive Order is protected by Executive privilege.
[edit] Table of equivalent classification markings in various countries
(State) | Top Secret | Secret | Confidential | Restricted |
---|---|---|---|---|
Albania | Teper Sekret | Sekret | Konfidencial | I Kufizuar |
Argentina | Estrictamente Secreto y Confidencial | Secreto | Confidencial | Reservado |
Australia | Top Secret | Secret | Confidential | Protected |
Austria | Streng Geheim | Geheim | Vertraulich | Eingeschränkt |
Belgium (Dutch) | Zeer Geheim | Geheim | Vertrouwelijk | Beperkte Verspreiding |
Belgium (French) | Très Secret | Secret | Confidentiel | Diffusion restreinte |
Bolivia | Supersecreto or Muy Secreto |
Secreto | Confidencial | Reservado |
Bosnia | Strogo Povjerljivo | Tajno | Konfidencialno | Restiktirano |
Brazil | Ultra Secreto | Secreto | Confidencial | Reservado |
Bulgaria | Строго секретно | Секретно | Поверително | За служебно ползване |
Cambodia | Sam Ngat Bamphot | Sam Ngat Roeung | Art Kambang | Ham Kom Psay |
Canada | Top Secret/Très secret | Secret/Secret | Confidential/Confidentiel | Protected A, B or C / Protégé A, B ou C |
Chile | Secreto | Secreto | Reservado | Reservado |
China, People’s Republic of | Juémì (绝密) | Jīmì (机密) | Mìmì (秘密) | Nèibù (内部) |
China, Republic of | “Absolutely” Secret (絕對機密) | “Extremely” Secret (極機密) | Secret (機密) | no direct equivalent |
Colombia | Ultrasecreto | Secreto | Confidencial | Reserva del sumario |
Costa Rica | Alto Secreto | Secreto | Confidencial | |
Croatia | Vrlo tajno | Tajno | Povjerljivo | Ograničeno |
Czech Republic | Přísně tajné | Tajné | Důvěrné | Vyhrazené |
Denmark | Yderst Hemmeligt | Hemmeligt | Fortroligt | Til Tjenestebrug Foreign Service: Fortroligt (thin Black border) |
Ecuador | Secretisimo | Secreto | Confidencial | Reservado |
Egypt | Sirriy lil-Ġāyah سري للغاية |
Sirriy Ǧiddan سري جداً |
Khāṣ خاص |
Maḥzūr محظور |
El Salvador | Ultra Secreto | Secreto | Confidencial | Reservado |
Estonia | Täiesti salajane | Salajane | Konfidentsiaalne | Piiratud |
Ethiopia | Yemiaz Birtou Mistir | Mistir | Kilkil | |
European Union (EU) | TRES SECRET UE / EU TOP SECRET | SECRET UE / EU SECRET | CONFIDENTIEL UE / EU CONFIDENTIAL | RESTREINT UE / EU RESTRICTED |
European Union (Western) (WEU) | FOCAL TOP SECRET | WEU SECRET | WEU CONFIDENTIAL | WEU RESTRICTED |
Euratom | EURA TOP SECRET | EURA SECRET | EURA CONFIDENTIAL | EURA RESTRICTED |
Finland | Erittäin salainen (TLL I) | Salainen (TLL II) | Luottamuksellinen (TLL III) | Viranomaiskäyttö (TLL IV) |
France | Très secret défense | Secret défense | Confidentiel défense | Diffusion restreinte |
Germany | Streng Geheim | Geheim | VS-Vertraulich | VS-Nur für den Dienstgebrauch |
Greece | Άκρως Απόρρητον | Απόρρητον | Εμπιστευτικόν | Περιορισμένης Χρήσης |
Guatemala | Alto Secreto | Secreto | Confidencial | Reservado |
Haiti | Top Secret | Secret | Confidential | Reserve |
Honduras | Super Secreto | Secreto | Confidencial | Reservado |
Hong Kong | Top Secret, 高度機密 | Secret, 機密 | Confidential, 保密 | Restricted, 內部文件/限閱文件 |
Hungary | Szigorúan Titkos | Titkos | Bizalmas | Korlátozott Terjesztésű |
India (Hindi) | परम गुप्त (Param Gupt) | गुप्त (Gupt) | गोपनीय (Gopniya) | प्रतिबंधित/सीमित (Pratibandhit/seemit) |
India (English) | Top Secret | Secret | Confidential | Restricted |
Indonesia | Sangat Rahasia | Rahasia | Rahasia Dinas | Terbatas |
Iran | Fararaz فَراراز | Raz راز | Sar-be-moher سـَر به مـُهر | Sarbaste سَربسته |
Iraq | Sirriy lil-Ġāyah سري للغاية |
Sirriy سري |
Khāṣ خاص |
Maḥdūd محدود |
Iceland | Algert Leyndarmál | Leyndarmál | Trúnaðarmál | Þjónustuskjal |
Ireland (Irish language) | An-sicreideach | Sicreideach | Runda | Srianta |
Israel | Sodi Beyoter סודי ביותר |
Sodi סודי |
Shamur שמור |
Mugbal מוגבל |
Italy | Segretissimo | Segreto | Riservatissimo | Riservato |
Japan | Kimitsu, 機密 | Gokuhi, 極秘 | Hi, 秘 | Toriatsukaichuui, 取り扱い注意 |
Jordan | Maktūm Ǧiddan مكتوم جداً |
Maktūm مكتوم |
Sirriy سري |
Maḥdūd محدود |
Korea, South | I(Il)-Kup Bi Mil, 1급비밀 | II(I)-Kup Bi Mil, 2급비밀 | III(Sam)-Kup Bi Mil, 3급비밀 | Dae Woi Bi, 대외비 |
Korea, North | Unknown, 익명의 | Unknown, 익명의 | Unknown, 익명의 | Unknown, 익명의 |
Laos | Lup Sood Gnod | Kuam Lup | Kuam Lap | Chum Kut Kon Arn |
Latvia | Sevišķi slepeni | Slepeni | Konfidenciāli | Dienesta vajadzībām |
Lebanon | Tres Secret | Secret | Confidentiel | |
Lithuania | Visiškai Slaptai | Slaptai | Konfidencialiai | Riboto Naudojimo |
Malaysia | Rahsia Besar | Rahsia | Sulit | Terhad |
Mexico | Ultra Secreto | Secreto | Confidencial | Restringido |
Montenegro | Strogo Tajno | Tajno | Povjerljivo | Interno |
Netherlands[18] | STG. Zeer Geheim | STG. Geheim | STG. Confidentieel | Departementaal Vertrouwelijk |
New Zealand | Top Secret | Secret | Confidential | Restricted |
Nicaragua | Alto Secreto | Secreto | Confidencial | Reservado |
Norway | STRENGT HEMMELIG | HEMMELIG | KONFIDENSIELT | BEGRENSET |
Pakistan (Urdu) | Intahai Khufia | Khufia | Sigh-e-Raz | Barai Mahdud Taqsim |
Pakistan (English) | Top Secret | Secret | Confidential | Restricted |
Paraguay | Secreto | Secreto | Confidencial | Reservado |
Peru | Estrictamente Secreto | Secreto | Confidencial | Reservado |
Philippines | Top Secret | Secret | Confidential | Restricted |
Poland | Ściśle tajne | Tajne | Poufne | Zastrzeżone |
Portugal | Ultra Secreto | Secreto | Confidencial | Reservado |
Romania | Strict Secret de Importanţă Deosebită | Strict Secret | Secret | Secret de serviciu |
Russia | Особой важности (вариант: Совершенно Секретно (Sovershenno Sekretno)) |
Совершенно секретно (вариант: Секретно (Sekretno)) |
Секретно (вариант: Не подлежит оглашению (Конфиденциально) (Ne podlezhit oglasheniyu (Konfidentsial’no)) |
Для Служебного Пользования (ДСП) (Dlya Sluzhebnogo Pol’zovaniya) |
Saudi Arabia | Saudi Top Secret | Saudi Very Secret | Saudi Secret | Saudi Restricted |
Serbia | Latin: Državna tajna Cyrillic: Државна тајна |
Latin: Strogo poverljivo Cyrillic: Строго поверљиво |
Latin: Poverljivo Cyrillic: Поверљивo |
Latin: Interno Cyrillic: Интерно |
Singapore | Top Secret | Secret | Confidential | Restricted |
Slovak Republic | Prísne tajné | Tajné | Dôverné | Vyhradené |
Slovenija | Strogo tajno | Tajno | Zaupno | Interno |
Spain | Secreto | Reservado | Confidencial | Difusión Limitada |
Sweden | Kvalificerat Hemlig (KH); Hemlig/Top Secret (H/TS) | Hemlig (H); Hemlig/Secret H/S) | Hemlig/Confidential (H/C) | Hemlig/Restricted (H/R) |
Switzerland | Geheim / Secret | Vertraulich / Confidentiel | Dienstlich / Interne au service | |
Tanzania (Swahili) | SIRI KUU | SIRI | STIRI | IMEZUILIWA |
Thailand | Lap thi sut (ลับที่สุด) | Lap mak (ลับมาก) | Lap (ลับ) | |
Turkey | Çok Gizli | Gizli | Özel | Hizmete Özel |
South Africa (English) | Top Secret | Secret | Confidential | Restricted |
South Africa (Afrikaans) | Uiters Geheim | Geheim | Vertroulik | Beperk |
Ukraine | Особливої важливості | Цілком таємно | Таємно | Для службового користування |
United Kingdom | TOP SECRET | SECRET | CONFIDENTIAL | RESTRICTED |
United States | Top Secret | Secret | Confidential | For Official Use Only |
Uruguay | Ultra Secreto | Secreto | Confidencial | Reservado |
Vietnam | Tuyệt Mật | Tối Mật | Mật | Phổ Biến Hạn Chế |
Original source: NISPOM Appendix B[19] ¹ In addition, Finland uses label Salassa pidettävä, “to be kept secret” for information that is not classified but must not be revealed on some other basis than national security. (E.g. privacy, trade secrets etc.)
[edit] Corporate classification
Private corporations often require written confidentiality agreements and conduct background checks on candidates for sensitive positions.[20] In the U.S. the Employee Polygraph Protection Act prohibits private employers from requiring lie detector tests, but there are a few exceptions. Policies dictating methods for marking and safeguarding company-sensitive information (e.g. “IBM Confidential”) are common and some companies have more than one level. Such information is protected under trade secret laws. New product development teams are often sequestered and forbidden to share information about their efforts with un-cleared fellow employees, the original Apple Macintosh project being a famous example. Other activities, such as mergers and financial report preparation generally involve similar restrictions. However, corporate security generally lacks the elaborate hierarchical clearance and sensitivity structures and the harsh criminal sanctions that give government classification systems their particular tone.
[edit] Traffic Light Protocol
The Traffic Light Protocol[21][22] was developed by the G8 countries to enable the sharing of sensitive information between government agencies and corporations. This protocol has now been accepted as a model for trusted information exchange by over 30 other countries. The protocol provides for four “information sharing levels” for the handling of sensitive information.
[edit] See also
- Economic Espionage Act of 1996
- Espionage
- Espionage Act of 1917
- Freedom of information legislation
- Illegal number
- Official Secrets Act (UK, India, Ireland, Malaysia, New Zealand)
- Security of Information Act (Canada)
- State Secrets Privilege (US)
- Wassenaar Arrangement
- Wikileaks
[edit] References
- ^ http://www.nsa.gov/public_info/_files/uss_liberty/attack_sigint.pdf
- ^ Burn Before Reading, Stansfield Turner, 2006
- ^ Classified Information in Woodward’s “Obama’s Wars”, September 29, 2010, Jack Goldsmith, Lawfare, via stephenkim.org
- ^ Atomic Energy Commission’s Declassification Review of Reports on Human Experiments and the Public Relations and Legal Liability Consequences, presented as evidence during the 1994 ACHRE hearings.
- ^ http://ec.europa.eu/transparency/access_documents/docs/guide_citoyen/en.pdf
- ^ http://www.fco.gov.uk/Files/kfile/306652_CM6554.pdf
- ^ http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(689F2CCBD6DC263C912FB74B15BE8285)~Australian+Government+information+security+management+guidelines-+Australian+Government+Security+classification+system.pdf/$file/Australian+Government+information+security+management+guidelines-+Australian+Government+Security+classification+system.pdf
- ^ Security of Information Act[dead link]
- ^ Non-Insured Health Benefits Program Privacy Code[dead link]
- ^ Security Policy – Manager’s Handbook[dead link]
- ^ Confidences of the Queen’s Privy Council for Canada[dead link]
- ^ Standing Committee of the National People’s Congress, “Law on Guarding State Secrets” (中华人民共和国保守国家秘密法), promulgated 1988 and effective 1989.
- ^ a b Translation per Human Rights in China, State Secrets: China’s Legal Labyrinth, (2007).
- ^ Article 413-9, Legifrance
- ^ [1][dead link]
- ^ LCQ3: Equal Opportunities Commission[dead link]
- ^ “[ARCHIVED CONTENT] Understanding the Security Policy Framework & frequently asked questions”. Cabinetoffice.gov.uk. http://www.cabinetoffice.gov.uk/spf/faqs.aspx. Retrieved 2012-06-01.
- ^ [2][dead link]
- ^ [3][dead link]
- ^ “Employment Background Checks: A Jobseeker’s Guide | Privacy Rights Clearinghouse”. Privacyrights.org. http://www.privacyrights.org/fs/fs16-bck.htm. Retrieved 2011-12-12.
- ^ http://www.oecd.org/dataoecd/25/10/40761118.pdf
- ^ “‘Re: OpenSSH security advisory: cbc.adv’ – MARC”. Marc.info. http://marc.info/?l=bugtraq&m=122754275122010&w=2. Retrieved 2011-12-12.
[edit] External links
- US “NISPOM” manual, explaining rules on classified information among other things – full title is “National Industrial Security Program Operating Manual”.
- Marking Classified National Security Information ISOO booklet PDF
- Defence Vetting Agency. Carries out national security checks in the UK.
- Los Alamos table of equivalent US and UK classifications
- The Black Vault – a database of more than a half million declassified pages on many different topics, all acquired through the FOIA
- The National Security Archive – a collection of declassified documents acquired through the FOIA
- Lerner, Brenda Wilmoth & K. Lee Lerner, eds. Terrorism: essential primary sources. Thomson Gale, 2006. ISBN 978-1-4144-0621-3 Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms LC Control Number: 2005024002.
- Peter Galison, Removing Knowledge in Critical Inquiry n°31 (Autumn 2004)
- Parlament of Serbia, Law on confidentiality of data. (Serbian)
- Parlament of Montenegro, Law on confidentiality of data. (Serbian)
- Christopher Moran, Classified: Secrecy and the State in Modern Britain (Cambridge: Cambridge University Press, 2012).
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National Security Act of 1947
National Security Act of 1947
[edit] References
- ^ Kinnard, Douglas. “The Secretary of Defense in Retrospect.” The Secretary of Defense. Lexington: University of Kentucky, 1980. 192-93. Print.
- ^ Cambone, Stephen A. “The National Security Act of 1947– 26 July 1947.” A New Structure for National Security Policy Planning. Washington, D.C.: CSIS, 1998. 228-32. Print.
- ^ Cambone, Stephen A. “The National Security Act of 1947– 26 July 1947.” A New Structure for National Security Policy Planning. Washington, D.C.: CSIS, 1998. 228-32. Print.
- ^ Fact Sheets : National Security Act of 1947 : National Security Act of 1947
[edit] External links
- text at the United States Senate Select Committee on Intelligence
- information at the Department of State
- bibliography of sources relating to the Act, including many links to online, public-domain sources
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Judge Advocate General’s Corps
Judge Advocate General’s Corps
Judge Advocate General’s Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of any of the United States Armed Forces including the Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps, Coast Guard and Air Force do not maintain separate JAG Corps per se and judge advocates in those services maintain their line officer-status. In the Army and Navy, JAG officers only serve in legal positions.
Judge Advocates serve primarily as legal advisors to the command to which they are assigned. In this function, they can also serve as the personal legal advisor to their commander. Their advice may cover a wide range of issues dealing with administrative law, government contracting, civilian and military personnel law, law of war and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting courts-martial. They are charged with both the defense and prosecution of military law as provided in the Uniform Code of Military Justice. Highly experienced officers of the JAG Corps often serve as military judges in courts-martial and courts of inquiry.
Contents[hide] |
[edit] Military law
The Uniform Code of Military Justice, also known as UCMJ, is the primary legal code through which all internal military justice matters of the United States are governed. The UCMJ applies to all members of the Military of the United States, as well as members of other federal services (such as NOAA Corps and the Public Health Service Commissioned Corps) when attached to the military. The UCMJ was created by an act of the United States Congress in 1951 in order to establish relatively consistent systems of military justice in all branches of the nation’s armed forces. However, in cases involving very minor disciplinary infractions, each service has somewhat differing procedures. (Such cases are governed by UCMJ Article 15 and are called non-judicial punishment, Captain’s Mast (Navy), or Office Hours (Marines).)
In addition to the Uniform Code of Military Justice, personnel are subject to the terms of the Constitution, other federal laws, and individual state laws where applicable (e.g., whenever the service member is in the United States, unless on a military base with exclusive federal jurisdiction). When a violation of the UCMJ occurs, the matter is handled by the command of the servicemember. When a violation of a federal or state law occurs, the matter may be handled by local st
ate or federal authorities.
[edit] Court-Martial
The forum through which criminal cases are tried in the nation’s armed forces is the court-martial. This term also applies to the panel of military officers selected to serve as the finders of fact or “jury”. (In other words, they fulfil the role of a civilian jury in trying criminal cases.) The Uniform Code of Military Justice outlines three distinct types of courts martial.
[edit] General Court-Martial
- jurisdiction over crimes committed by any person, including civilians, covered by military law at the time the crime was committed
- forum for most serious charges such as homicide, sexual assault, drug distribution, or desertion
- officers detailed to the court are defense counsel, trial counsel (prosecutor) and military judge
- a court martial panel (or “jury”) comprises five or more service members, at least one third of whom are enlisted if requested by an enlisted accused
- accused service member may request trial by judge alone in lieu of trial by a panel of members, except where the death penalty may be adjudged
- maximum sentence that a General Court-Martial can impose is the maximum specified in the specific UCMJ Article (crime) the accused is convicted of, including death
[edit] Special Court-Martial
- jurisdiction over crimes committed by any person, including civilians, covered by military law at the time the crime was committed
- forum for intermediate offenses such as battery, assault, larceny (theft), minor drug-related offenses, unauthorized absence, disrespect, disobedience, and similar crimes
- officers detailed to the court are defense counsel, trial counsel (prosecutor) and military judge
- Special Court-Martial panel comprises three or more members, at least one third of whom are enlisted if requested by an enlisted accused
- accused service member may request trial by judge alone in lieu of trial by a panel of members
- regardless of what crime is charged at a Special Court-Martial, the maximum sentence that can be adjudged is 12 months confinement, forfeiture of two-thirds pay for 12 months, reduction in rank, bad conduct discharge, and a fine
- a Special Court-Martial cannot confine or dismiss an officer
[edit] Summary Court-Martial
- jurisdiction over crimes committed by enlisted personnel only
- forum for minor offenses such as petty theft
- Special Court-Martial comprises a single officer whose pay grade should not be below O-3
- maximum sentence is one month confinement, forfeiture of two-thirds pay, reduction in rank to E-1
- Summary Courts-Martial may not adjudge punishments of confinement with out hard labor or reduction except the next inferior pay grade for accused who are in the pay grade of E-5 or greater
- can be refused by the accused, in which case the matter is normally referred to a Special Court-Martial
[edit] Appeals process
The Uniform Code of Military Justice provides for several tiers of appeal. All cases are reviewed by the commander convening the court (the convening authority) who, as a matter of command prerogative, may approve, disapprove, or modify the findings and/or sentence. The commander may not approve a finding of guilty for an offense of which the accused was acquitted nor increase the sentence adjudged. A convicted service member may submit a request for leniency to the convening authority prior to the convening authority’s approval of the court-martial sentence.
Each military service and the Coast Guard has a Court of Criminal Appeals, which is composed of panels of three appellate military judges:
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals
These courts review all cases in which the approved sentence includes death, a punitive discharge, or confinement for at least a year, and all cases referred to it by the service Judge Advocate General. The court of criminal appeals “may affirm only such findings of guilty and the sentence or such part of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.” Article 66(c), UCMJ.
The Court of Appeals for the Armed Forces (CAAF) consists of five civilian judges appointed by the President of the United States, with the advice and consent of the U.S. Senate, to 15-year terms. The CAAF must review cases from all of the military services in which the court of criminal appeals has affirmed a death sentence, cases the Judge Advocates General order sent to the court, and cases appealed from the court of criminal appeals by
the accused in which the CAAF finds good cause to grant the petition for review. Unlike the service courts of criminal appeals, the CAAF “shall take action only with respect to matters of law.” Article 67(c), UCMJ. Decisions of the CAAF are “subject to review by the Supreme Court by writ of certiorari.” Article 67a, UCMJ; this merely confirms Article III, Section 2 of the United States Constitution, granting the Supreme Court appellate jurisdiction in all US cases where it does not have original jurisdiction.
Cases not meeting the criteria for review by the service courts of criminal appeals are reviewed in the office of the service Judge Advocate General. Article 69, UCMJ. A death sentence “may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for death may not be suspended.” Article 71(a), UCMJ.
[edit] Other practice areas
Besides prosecuting, defending, and presiding over courts-martial, military attorneys advise commanders on issues involving a number of areas of law. Depending on the service, these areas may include the law of war, the rules of engagement and their interpretation, and other operational law issues, government contract law, administrative law, labor law, environmental law, international law, claims against the government (such as under the Federal Tort Claims Act), and information law (such as requests for information in the possession of the military under the Freedom of Information Act). Military attorneys also advise individual servicemembers, military retirees, and their families regarding personal civil legal problems they may have, including drafting wills, fending off creditors, and reviewing leases.
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.