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October 4, 2004 Vol.5, No.20:   


Published: 10/04/2004

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Wyden Targets Over-Classification

Sen. Ron Wyden (D-OR) has successfully attached an amendment aimed at curbing excessive government secrecy to the Senate's intelligence reform legislation. Wyden proposes creating an independent review to provide periodic oversight to the system and limit excessive classification of documents.

The government's over-classification of documents was among several issues highlighted by the 9/11 commission as contributing the country's inability to prevent the terrorist attacks. The commission recommended several changes to the intelligence system including establishing a National Intelligence Director position, creating a National Counterterrorism Center, and limiting the excessive use of classification. When information is inappropriately classified, it prevents officials from sharing and capitalizing on that data in a timely manner.

Wyden's amendment would create an Independent National Security Classification Board to review contested classification decisions and, when appropriate, recommend declassification to the President. While the President would not be obligated to accept the board's recommendations, the President would have to provide written justification to Congress for any rejected board decision.

Ironically, four years ago Congress approved a Public Interest Declassification Board comprised of nine members selected by the White House and congressional leadership to increase oversight for declassification. However, the members have never been selected, nor has the committee been convened.