UNAUTHORIZED DISCLOSURES - TYPES, TRENDS, AND HARM

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230293
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 10
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274

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UNAUTHORIZED DISCLOSURES
Types, Trends, and Harm
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Anatomy of an
Unauthorized Disclosure
Who?
� Current and Former Employees
� Current and Former Contractors
� Consumers of Intelligence
What?
*Information Concerning Intelligence Sources and Methods
*National Defense Information (as defined by statute)
*Technical Collection Capabilities
� Covert Actions
*Foreign Intelligence and Counterintelligence Information
Why?
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Classifying Information
� Executive Order 12958
� Internal Agency Regulations and Handbooks
(b)(3)
� Original Classification versus Derivative Classification
� Original � an initial determination -- made by a limited number
of authorized individuals -- that information requires protection
from unauthorized disclosure
� Derivative � incorporating, paraphrasing, restating, or
generating in a new form information that is already classified
(e.g., classification based on a classification guide)
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Classifying Information
� The Classification Process
� Categories of information and relative sensitivity defined by
individual with Original Classification authority
� When document with information in these categories is created,
it is classified according to its Original Classification. This
process is Derivative Classification.
� If information does not fall within previously established
category, information is reviewed by individual with Original
Classification authority for proper classification.
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Classifying Information: FAQs
� What information may be considered for classification?
� Information defined under Sec. 1.5 of Executive Order 12958
� Information protected by statute, e.g., National Security Act, the
Atomic Energy Act
�At what sensitivity level?
� Sec. 1.3 and Sec. 1.4 of Executive Order 12958 define the
classification level for information and restrict delegations of
original classification authority for certain classes of
information
� What information may not be considered for classification?
� Sec. 1.8 of Executive Order 12958 prohibits classification of
certain types of information and identifies impermissible
reasons for classification
� May classification decisions be challenged and, if so, by whom?
�Authorized holders of information may challenge classification
decisions as provided by Sec. 1.9 of Executive Order 12958
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Types of UDs
Current Statutory Restrictions
� National Defense Information � 18 U.S.C. �� 793(d), 793(e), 794
� Photographs of Defense Installations � 18 U.S.C. � 797
� Information Concerning Communications Intelligence and
Cryptographic Activities � 18 U.S.C. � 798
� Information Relating to Diplomatic Codes � 18 U.S.C. � 952
� Unauthorized Removal and Retention of Classified Documents or
Material � 18 U.S.C. � 1924
� Restricted Data on Atomic Energy �42 U.S.C. �� 2274, 2277
� Identity of Covert Agents � 50 U.S.C. � 421
� Classified Information to Agents of Foreign Governments or
Members of Communist Organizations � 50 U.S.C. � 783(b)
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Types of UDs
Current Statutory Gaps?
� Foreign Government Information
� Intelligence Sources and Methods
� Covert Actions
� Foreign Liaison Relationships
� Counterintelligence Capabilities
� Narcotics Trafficking and Money-Laundering Intelligence
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UD Trends
�Approximately 50 referrals related to unauthorized disclosures to
the Department of Justice from various Executive Branch Agencies
for each of the last several years
� Approximately 20 to 25 criminal investigations per year by the
Department of Justice
� Enhanced information security and other methods employed to aid
in identification of leakers
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UD Damage
"The damage caused by leakers can be every bit as great as
the damage caused by espionage."
-- George J. Tenet, Director of Central Intelligence
� Danger to Human Assets
� Harm to Foreign Liaison Relationships
� Compromise of Technical Collection Systems
� Exposure of Intelligence and Counterintelligence Methods
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UD Remedies
� Media Cooperation in Not Seeking, Not Publishing, and Removing
Classified Information
� Administrative Penalties
*Reprimand
�Suspension Without Pay
�Decrease in Grade
� *Revocation of Security Clearance
�Separation
� Civil Liability
*Injunctive Relief or Monetary Damages
� Criminal Liability
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