[Intelforum] Secrecy News -- 02/27/12

Mon Feb 27 09:31:10 EST 2012

Format Note:  If you cannot easily read the text below, or you prefer to
receive Secrecy News in another format, please reply to this email to let
us know.

SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2012, Issue No. 17
February 27, 2012

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

**     DOD ISSUES NEW INFORMATION SECURITY REGULATION
**     DOD RESPONDS TO QUESTIONS ON NUCLEAR TARGETING

DOD ISSUES NEW INFORMATION SECURITY REGULATION

The Department of Defense has published its long-awaited new information
security regulation that finally brings the Department into conformity with
the Obama Administration's 2009 executive order on national security
classification policy.

The new regulation, published in four volumes as DoD Manual 5200.01 and
dated 24 February 2012, replaces Information Security Regulation 5200.1-R,
which dates from 1997.

	http://www.fas.org/sgp/othergov/dod/index.html

DoD is by far the largest and most prolific generator of classified
information in the government.  So every shift in DoD information policy
(as well as every failure to shift) has significant ramifications for the
secrecy system as a whole.

The new regulation generally follows the classification guidelines set by
the Obama executive order but it also elaborates on them in interesting
ways.  It presents comprehensive guidance on practically every aspect of
classification and declassification policy, including an extended
discussion of how to respond to unauthorized disclosures of classified
information (in volume 3, Enclosure 6).

Other notable provisions in the first volume of the new regulation include
the following.

"If holders of information have substantial reason to believe that the
information is improperly or unnecessarily classified, they shall
communicate that belief to their security manager or the OCA [original
classification authority] to bring about any necessary correction....  The
Heads of the DoD Components shall ensure that no retribution is taken
against any individual for questioning a classification or making a formal
challenge to a classification." (Vol. 1, p. 49)

Each DoD component is required to establish a self-inspection program,
which "shall include regular review and assessment of representative
samples of the DoD Component's classified products. Appropriate officials
shall be authorized to correct misclassification of information." (p. 13)

The Assistant Secretary of Defense (NII) shall "Direct the use of
technical means to prevent unauthorized copying of classified data and for
anomaly detection to recognize unusual patterns of accessing, handling,
downloading, and removal of digital classified information." (p. 12)

"DoD military and civilian personnel may be subject to criminal or
administrative sanctions if they knowingly, willfully, or negligently: 
(a) Disclose to unauthorized persons information properly classified in
accordance with this Volume. 
(b) Classify or continue the classification of information in violation of
this Volume. 
(c) Create or continue a SAP [special access program] contrary to the
requirements of... this Volume...." (p.32)

The Fundamental Classification Guidance Review, which was mandated by the
executive order to eliminate obsolete classification instructions, shall
encompass "a broad range of perspectives," the new regulation states. The
involvement of outside experts is essential, the regulation seems to
recognize, in order to compensate for self-interest, prejudice, and
habitual patterns of thought. "Contributions of subject matter experts with
sufficient expertise in narrow specializations must be balanced by the
participation of managers and planners who have broader organizational
vision and relationships. Additionally, to the extent practicable, input
should also be obtained from external subject matter experts and external
users of the classification guidance." (p. 73)

The new regulation is effective immediately.

A February 16 report from DoD on the Fundamental Classification Guidance
Review indicated that of the 1069 security classification guides that had
been reviewed by the end of December 2011, no fewer than 318 guides had
been scheduled for retirement or cancellation.  See "DoD Reports
'Impressive Strides' in Updating Classification," Secrecy News, February
22.

	http://www.fas.org/blog/secrecy/2012/02/dod_strides.html

DOD RESPONDS TO QUESTIONS ON NUCLEAR TARGETING

Are U.S. nuclear forces on "hair trigger" alert?  Not exactly, a
Department of Defense official told Congress recently.  

"Although it is true that portions of the U.S. nuclear triad are capable
of rapid execution upon authorization from the President, a robust system
of safeguards and procedures is in place to prevent the accidental or
unauthorized launch of a U.S. nuclear weapon," said James N. Miller, Jr.,
Principal Deputy Under Secretary of Defense for Policy, in newly published
responses to questions for the record from a May 2011 hearing.

Moreover, he added, "The United States continues the practice of
open-ocean targeting of all ICBMs and SLBMs. This is so that in the highly
unlikely event of an unauthorized or accidental launch, the missile would
land in the open ocean."

The newly published hearing volume presented an unusually candid public
discussion of nuclear weapons force structure and the process for revising
it.

"Generally, three high-level documents provide overall policy guidance
regarding U.S. nuclear weapons," explained Dr. Miller in response to
another question for the record.

"Presidential guidance provides high-level direction on our nuclear
deterrence strategy, employment/targeting policy, and force posture. I
anticipate that President Obama will issue new presidential guidance later
this year [2011] that incorporates many of the policy decisions reached
during the NPR [Nuclear Posture Review]," he said.  (In fact, however, such
new presidential guidance has still not been issued, noted Hans Kristensen
of FAS.)

"The Secretary of Defense provides additional guidance in a document known
as the Policy Guidance for the Employment of Nuclear Weapons (NUWEP) that
implements and amplifies presidential guidance. The NUWEP is an annex to
DOD’s Guidance for Employment of the Force. The current NUWEP was issued
in 2008. It will be revised by the Office of the Under Secretary of Defense
for Policy in close coordination with the Joint Staff, U.S. Strategic
Command (STRATCOM), the military departments, and other combatant commands
following the issuance of the new Presidential guidance, and provided for
approval by the Secretary of Defense."

"The Chairman of the Joint Chiefs of Staff also issues a document known as
the Nuclear Supplement to the Joint Strategic Capabilities Plan (JSCP-N),
which provides additional direction to military planners regarding the
preparation of contingency plans for potential employment of U.S. nuclear
weapons. The current JSCP-N was issued in 2004 and will be revised after
the issuance of new presidential guidance and the NUWEP," Dr. Miller wrote.

See "Implementation of the New Strategic Arms Reduction Treaty (START) and
Plans for Future Reductions in Nuclear Warheads and Delivery Systems
Post-New START Treaty," Senate Armed Services Committee, May 4, 2011
(published January 2012):

	http://www.fas.org/irp/congress/2011_hr/newstart.pdf

And see, relatedly, "U.S. Strategic Nuclear Forces: Background,
Developments, and Issues," Congressional Research Service, February 22,
2012:

	http://www.fas.org/sgp/crs/nuke/RL33640.pdf

_______________________________________________
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:
     http://www.fas.org/sgp/news/secrecy/subscribe.html

To UNSUBSCRIBE, go to
     http://www.fas.org/sgp/news/secrecy/unsubscribe.html

OR email your request to saftergood at fas.org

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 at fas.org
voice:  (202) 454-4691
twitter: @saftergood