Robert Mac Lean - Abuse of Unclassified Information Markings

Over the past seven years, the American people have come to understand what meant. During this period, the Bush administration has increased secrecy and curtailed access to information through a variety of means, including by:

• Presiding over an explosion in the use of 'controlled unclassified' markings, most of which have never been authorized by statute, to restrict access to unclassified information

• Threatening journalists, whistleblowers, and other private citizens with criminal prosecution for the possession or publication of national security information; and perhaps most egregious of all, the issuance of secret orders and legal opinions to shield illegal actions from public scrutiny

ederal air marshal blew the whistle when TSA attempted to reduce security on “high risk” flights, and the agency retaliated by retroactively designating the material he had disclosed as Sensitive Security Information.

Monitoring Controls Are Weak.... Specifically, TSA has not established and documented policies and internal control procedures for monitoring compliance with the regulations, policies, and procedures governing its SSI designation process, including ongoing monitoring of the process.

Lacking a central policy program office for has led to confusion and unnecessary classification of some materials as SSI. Adherence to handling requirements within TSA has been inconsistent, and there have been instances where SSI has been mishandled outside of TSA. Identification of SSI has often appeared to be ad-hoc, marked by confusion and disagreement depending on the viewpoint, experience, and training of the identifier. Strictures on the release of SSI and other SSI policy or handling–related problems have occasionally frustrated industry stakeholders, Congress, the media, and our own employees trying to work within the confines of the restrictions. Significant time and effort has been devoted to SSI issues, and it is not likely that the current approach to addressing such issues can be sustained.

I am concerned this will force would-be whistleblowers to have to ask their superiors about classification determinations. This would act to stop the whistleblower.