Shortly after the 9/11 attacks, TSA assumed authority to restrict information from the public if it is deemed "sensitive security information" (SSI). However, until this new notice, SSI was limited primarily to aviation information. The new rule expands this information category to include security plans submitted to TSA by maritime facilities and vessels. The policy will prevent the public from learning about security concerns for these entities and how they are being protected.
A Feb. 5 Congressional Research Service (CRS) report discussed the controversies over SSI information noting concerns over management of the information and lack of accountability. In addition to TSA's ability to hide any information under a claim of SSI, nondisclosure agreements will further hinder the public's right-to-know. Airport administrations, local police departments, and TSA officials must sign nondisclosure agreements prohibiting anyone from speaking about an incident occurring on airport property. This causes confusion among many regarding exactly what information can be revealed to the public about law enforcement activity and prevents healthy public debate of security issues.