[net-gold] Secrecy News -- 07/28/10

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To: Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx
Date: Wed, 28 Jul 2010 12:13:27 -0400 (EDT)

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Date: Wed, 28 Jul 2010 10:12:25 -0400
From: Steven Aftergood <saftergood@xxxxxxx>
To: Steven Aftergood <saftergood@xxxxxxx>
Subject: Secrecy News -- 07/28/10

SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2010, Issue No. 60
July 28, 2010

Secrecy News Blog:

http://www.fas.org/blog/secrecy/

**      CAN THE SECRECY SYSTEM BE FIXED?

**      CAN WHISTLEBLOWERS BE PROTECTED?

CAN THE SECRECY SYSTEM BE FIXED?

The release of some 90,000 classified records on the Afghanistan War by
Wikileaks is the largest single unauthorized disclosure of currently
classified records that has ever taken place, and it naturally raises many
questions about information security, the politics of disclosure, and the
possible impact on the future conduct of the war in Afghanistan.

But among those questions is this:  Can the national security classification
system be fixed before it breaks down altogether in a frenzy of uncontrolled
leaks, renewed barriers against information dissemination, and a growing
loss of confidence in the integrity of the system?

That the classification system needs fixing is beyond any doubt.

"I agree with you, sir," Gen. James R. Clapper, Jr., told Sen. Ron Wyden at
his DNI confirmation hearing last week, "we do overclassify."

That makes it more or less unanimous.  What has always been less clear is
just what to do about the problem.

In what may be the last opportunity to systematically correct classification
policy and to place it on a sound footing, the Obama Administration has
ordered all classifying agencies to perform a Fundamental Classification
Guidance Review.  The purpose of the Review is to evaluate current
classification policies based on "the broadest possible range of
perspectives" and to eliminate obsolete or unnecessary classification
requirements.  Executive Order 13526, section 1.9 directed that such reviews
must be completed within the next two years.

"There is an executive order that we, the [intelligence] community, are in
the process of gearing up on how to respond to this, because this is going
to be a more systematized process, and a lot more discipline to it," Gen.
Clapper said.

"Having been involved in this, I will tell you my general philosophy is that
we can be a lot more liberal, I think, about declassifying, and we should
be," Gen. Clapper said.

It is unclear at this point whether the Fundamental Review will be
faithfully implemented by executive branch agencies, whether it will have
the intended effect of sharply reducing the scope of the national security
classification system, or whether the system itself is already beyond
repair.

CAN WHISTLEBLOWERS BE PROTECTED?

There are probably many reasons why people may become motivated to break
ranks, to violate their non-disclosure agreements, and to disclose
classified information to unauthorized persons.  One of the most compelling
reasons for doing so is to expose perceived wrongdoing, i.e. to "blow the
whistle."

It obviously follows that the government has an interest in providing safe,
secure and meaningful channels for government employees (and contractors) to
report misconduct without feeling that they need to go outside the system to
get a fair hearing for their concerns.  Unfortunately, would-be
whistleblowers today cannot have much confidence in those official channels.

To the contrary, "most employees who reported disclosing wrongdoing or
filing a grievance believe that they experienced negative repercussions for
doing so," according to a recent report to the President from the Merit
Systems Protection Board.  See "Prohibited Personnel Practices-A Study
Retrospective," June 2010 (at page 16):

        http://www.fas.org/sgp/eprint/prohibited.pdf

"Morale, organizational performance, and (ultimately) the public suffer
unnecessarily when employees are reluctant to disclose wrongdoing or to seek
redress for inequities in the workplace," said the MSPB report, which did
not specifically address whistleblowing involving classified information.

"Work remains to be done in creating a workplace where employees can raise
concerns about organizational priorities, work processes, and personnel
policies and decisions without fear of retaliation, and where managers can
respond to such concerns openly and constructively," the Board report said.

_______________________________________________

Secrecy News is written by Steven Aftergood and published by the Federation
of American Scientists.

The Secrecy News Blog is at:
     http://www.fas.org/blog/secrecy/

To SUBSCRIBE to Secrecy News, go to:
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OR email your request to saftergood@xxxxxxx

Secrecy News is archived at:
     http://www.fas.org/sgp/news/secrecy/index.html

Support the FAS Project on Government Secrecy with a donation:
     http://www.fas.org/member/donate_today.html

_______________________

Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@xxxxxxx
voice:  (202) 454-4691

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[net-gold] Secrecy News -- 07/28/10

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