IMPLEMENTATION OF EO 12065 - CLASSIFICATION WAIVER POSSIBILITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00674R000300080026-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: March 30, 2006
• Sequence Number: 26
• Publication Date: September 27, 1978
• Content Type: MF

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11
2 7 SEP 1978
DDS&T-4723-78
MEMORANDUM FOR: Chief, Information Systems Analysis
Staff, DDA
SUBJECT Implementation of EO 12065 - Classification
Waiver Possibility
REFERENCE . A/DDA Memo 78-3659, Dated 19 September 1978
Attached is the DDS&T-request for exemptions from
portion classification marking per Reference.
Executive Officer
Directorate of
Science and Technology
Attachment:
As stated
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DDS&T Classification Waiver Regues_t
Me DDS&T requests the following be exempted from
portion classification marking under Section 1-504 of
EO 12065:
1. All classified information (so defined in EO 12065)
to include documents, equipment, film, visual aids, tapes
and other recordings, which is further protected by special
access programs in accordance with EO 12065, Section 4-2.
The EO 12065, Section 4-2 recognizes a requirement
for the establishment of "special access programs-for the
protection of particularly sensitive classified. information..."
The order further states that the special access programs are
permitted when "normal management and safeguarding procedures
are not sufficient to limit need-to-know or access.. .and the
special access controls balance the need to protect the
information against the full spectrum of needs to use the
information."
Explicit recognition by the Executive Order of
categories of classified information which must be further
restricted for access, distribution, and protection in
special controlled channels clearly implies that because
of the nature and sensitivity of such information its
separate parts or portions are not subject to being treated
outside of the special access channel.
As a result the usefulness of portion classification
"in order to facilitate excerpting" (Section I-504) does not
apply to classified information protected in special access
programs or channels.
2. All translations of original-language classified
documents, except those where the original-language
document uses portion classification. Translators have no
knowledge on which to judge portion classification.
3. All pre-printed forms which provide for classifica-
tion when filled in. Examples of such forms are travel
requests, financial vouchers, and fitness reports.
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Pre-printed forms are used to expedite actions and
provide for efficient and economical operations in the
conduct of business. Pre-printed forms normally replace
explanatory memorandums, often of a repetitive nature. To
classify each line or block in a form is unnecessarily
burdensome, may require a complete redesign of a large
number of forms at a high cost and since forms are basically
used for a single purpose do not lend themselves to
excerpting for other uses.
4. All serial publications such as FBIS "Trends in
Communist Media" and other analytical reports which are
based on foreign media addressing critical current issues in
foreign relations of the United States.
Although it is recognized that reporting of media
information and analytical reports on media information are
unclassified, the inherent fact that the individual media
items have been selected for policy makers primarily based
on known requirements, sensitive concerns, international
developments, and crisis situations lends considerable au-
thoritative credence to the reports and reflects official
U.S. attitudes, interests and meaning beyond the mere
unclassified nature of individual items.
As a result we propose that portion marking of
individual media items, being unclassified, is useless, but
the overall compilation of media items reflect current
official U.S. government foreign relations interest and will
carry an appropriate classification until such time as the
currency and possible sensitiveness of the media coverage is
no longer valid. Normally we have found this period of
time to be about six months.
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EP 1979
MEMORANDUM FOR: Chief, Information Systems Analysis
Staff, DDA
FROM
Associate Director-Management, NFAC
SUBJECT Classification Waiver Request
REFERENCE . Memo from Associate Deputy Director
for Administration, dtd 19 Sept 78,
to Multiple Add'ees
NFAC requests a waiver from the portion classi-
fication requirement of E.O. 12065 for the following
publications:
(1) The President's Daily Brief. This
publication is read only by the President,
the Secretary of State, the Secretary of
Defense, and the President's Assistant for
National Security. Many diverse sources
are used to compose the contents, often
under extreme deadline pressure late at
night. The few recipients have no need
to be informed of the separate classifi-
cations, if any, of the component parts.
The classification of material in the
PDB is not used as the basis for classifying
other documents.
(2) National Intelligence Estimates.
The nature of these documents, as much as
the sources of the component parts, often
determines the classification. NIEs
represent the judgments of the DCI and the
Intelligence Community, and have security
significance as such. Portion classifi-
cation could therefore be misleading:
components would bear a classification
either reflecting only the source material
but not the significance of the conclusion
drawn or, conversely, reflecting the
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SUBJECT: Classification Waiver Request
judgment but implying that the source
material dictated the classification.
The NIEs are disseminated to a restricted
elite list of customers, depending on
the subject and any special controls.
Judgments and information in NIEs may
form a basis for classifying other
documents such as NSC studies.
(3) Certain short deadline papers.
On occasion, it is necessary for NFAC
to prepare short analytical papers or
biographic profiles for policymakers
who set deadlines of only a few hours.
Rechecking sources of individual elements
to separately classify portions could
imperil our meeting the requests on
time. Such papers are targeted to a
few designated consumers--sometimes only
one--and would rarely be the basis for
classification of other documents.
Distribution:
Orig - Add'ee
1 - AD-M/NFAC
1 - NFAC Registry
1 - D/OCR
1 - C CRG
(Regs Admin
Br., ISAS/RAB)
T-2-
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SEP
MEMORANDUM FOR: Chief, Information Systems
Analysis Staff, DDA
FROM: Eloise R. Page
Acting Associate Deputy Director for Operations
SUBJECT: Implementation of Executive Order 12065
--- Classification Waiver Possibility
REFERENCE: ADDA Memorandum for the DDO,
Dated 19 September 1978, Same Subject
It is requested that a waiver from the requirement for portion
classification marking be requested from the Director of the Information
Security Oversight Office in accordance with paragraph 1-504 of Executive
Order 12065 for the following classes of documents originated by the
Directorate-'of Operations:
1. Foreign Intelligence Information Reports.
a. These reports provide original data collected in
response to the expressed needs of the Intelligence Community.
Each report carries an unclassified identification number.
These reports are on a single subject and normally from a
single clandestine foreign source or cooperating U. S. citizen.
Exposure of the information itself or unprotected reference
to the existence of the information in U. S. Government pos-
session can jeopardize the source or his ability or willingness
to continue to provide information. Because of the inseparability
of the information from the sensitivity of its method of collection,
these reports should be classified as whole documents.
b. Furthermore, because these reports provide original
data used in the production of finished intelligence, they are
subject to indexing, filing and incorporation in computerized
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information handling systems in receiving offices and agencies.
Compilations of such data can reveal much concerning the
ability of the Directorate of Operations to collect and report
foreign intelligence. For that reason, the entire report
must be protected by a single classification to prevent the
creation of unclassified indexes or files in receiving agencies.
c. Original dissemination of these reports is made
selectively on a need-to-know basis. Individual reports may be
limited to a very few individuals in Washington while others
may be transmitted to Intelligence Community agencies in
Washington and overseas to selected U. S. embassies and
U. S. military commands.
d. Because these reports contain information collected
in response to the expressed needs of the Intelligence Community
and because they may concern almost any country and almost
any subject,they may form the basis for classification for many
intelligence publications. It should be recognized, however,
that intelligence publications most often draw on information
from many agencies and as a consequence Directorate of
Operations reports very frequently do not constitute the sole
basis for their classification.
2. Directorate of Operations Internal Operational Correspondence.
a. This is correspondence between various elements
of the Directorate in the U. S. and overseas concerning manage-
ment, operations and administration of the Directorate. (By
definition this land of correspondence does not contain foreign
intelligence which is disseminated to other agencies.) Each
piece of correspondence carries an identification number. The
whole of this correspondence concerns intelligence activities,
sources or methods.
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b. This correspondence, whether transmitted in
hard copy or electrically, is disseminated only within CIA and
is very largely confined to the Directorate of Operations.
c. This correspondence, by itself, does not form the
basis for classification of other documents.
---Eloise R. Pag
3
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PROPOSAL FOR
WAIVER FROM PORTIONAL MARKING REQUIREMENT
1. An ADP data base will be classified as an entity
using criteria in Section 1-3. All reports from a data base
will carry the same classification and be marked in accord-
ance with Section 1-501. Text files containing paragraphs
that will be used in producing documents must be portionally
marked.
2. Computerized data bases contain data that range from
unclassified through Top Secret. The resources required to
portionally mark each data item, keep such a data element
current (the classification of the data changes with circum-
stanc~i and to automatically classify reports based on the
classification of those data items is substantial. The cost
of doing this is not in the public interest.
3. Often data bases include individual items that when
processed or reported together have a higher degree of clas-
sification. The computer technology is not such that we can
identify and program all such relationships so that computer-
generated reports using such data can be properly classified.
The same determination used in classifying a computer data
base is used for classifying reports derived from that data
base.
4. Computer reports are generally only disseminated in-
ternally to the Agency and they are used for administrative
and research purposes.
5. Documents produced using data from a computer data
base will be classified under the same criteria as the data
base.
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