Secrecy Labeling

Articles & Analysis

Administration Revises Classification and Declassification Systems

On Dec. 29, 2009, President Obama signed an executive order (E.O. 13526) to prescribe a uniform system of classifying and declassifying government information. The new order was welcomed by open government advocacy groups and will go into effect on June 27.

Transparency: Change You can Trust

In 2008, we heard a lot about "change." In this 2009 year-end summary, we use another type of "change" to rate the Obama administration's transparency efforts thus far.

House Committee Marks Up State Secrets Bill, Sends It to the Floor

On Nov. 5, the House Judiciary Committee began markups on a bill that would codify standards for when and how the executive branch may apply the state secrets privilege in civil litigation. Although the Obama administration has promised certain limitations on its own use of the privilege, civil liberties and open government groups continue to call for legislation to address the privilege. Ultimately, the committee approved the bill on an 18-12 vote and referred the legislation to the full House.

New Policy Marks First Step in Narrowing State Secrets Privilege

On Sept. 23, the Justice Department released a new policy on use of the state secrets privilege. The policy, which parallels several related recommendations from the Moving Toward a 21st Century Right-to-Know Agenda, will be implemented on Oct. 1. The long-expected announcement drew mixed reactions from public interest groups, ranging from support to criticism that the policy offers little more than a rehash of the heavily criticized policies of the Bush administration.

Secrecy Report Card Gives Modest Grades to Bush and Obama

On Sept. 8, OpenTheGovernment.org, a coalition of 70 open government advocates, released its sixth annual Secrecy Report Card. Focusing on 2008, the report card serves primarily as a final assessment of the Bush administration but also addresses early actions of the Obama administration. Overall, the report notes a decrease in secrecy at the end of the Bush years but concludes that greater efforts are needed to increase federal transparency.

Court Rules that CIA Committed Fraud in State Secrets Case

On July 20, a federal district court judge ruled that the Central Intelligence Agency (CIA) committed fraud while attempting to get a fifteen-year-old case dismissed on state secrets grounds.

OMB Watch Submits Recommendations on Handling Sensitive, Unclassified Information

On July 8, OMB Watch released a report that explores the impact of secrecy labeling practices within the federal government. The report, Controlled Unclassified Information: Recommendations for Information Control Reform, was submitted to the newly formed presidential task force established to review current policies and to reform the overuse of Sensitive but Unclassified (SBU) control markings.

New Report Shines Light on Secrecy Labeling of Government Information

WASHINGTON, July 8, 2009—Today, OMB Watch published a report that explores the impacts of secrecy labeling practices within the federal government. The report, Controlled Unclassified Information: Recommendations for Information Control Reform, shines a light on how government withholds unclassified information from the American people and offers recommendations on how to balance the need to protect sensitive materials with the duty to disclose information to the public.

Administration Orders Interagency Review of Classification and CUI

On May 27, the Obama administration released a memorandum requiring reviews of overclassification and the current Controlled Unclassified Information (CUI)/Sensitive but Unclassified (SBU) process. The memorandum establishes separate 90-day interagency review processes to advise the administration on actions it should take to advance previous efforts to reform problems associated with these issues.

State Secrets Legislation Introduced on the Heels of Sensitive Court Decision

During the week of Feb. 9, the Obama administration invoked the state secrets privilege in a sensitive legal case. The decision has led some groups to question if President Barack Obama is breaking from the Bush administration's interrogation and intelligence policies as promised, or if he intends to continue existing practices. Meanwhile, both houses of Congress are considering legislation (H.R. 984 and S. 417) to narrow the interpretation of the largely undefined privilege created by case law.