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Steven Aftergood at the Secrecy News blog is reporting that the U.S. is planning to adopt a new government-wide designation for information that is unclassified, yet withheld from the public, replacing "100 different markings for such information [that] existed across the executive branch":
After years of preparation, the executive branch is poised to adopt a government-wide system for designating and safeguarding unclassified information that is to be withheld from public disclosure. The new system of "controlled unclassified information" (CUI) will replace the dozens of improvised control markings used by various agencies that have created confusion and impeded information sharing inside and outside of government. A proposed rule on CUI was published for public comment on May 8 in the Federal Register. While CUI is by definition unclassified, it is nevertheless understood to require protection against public disclosure on the basis of statute, regulation, or agency policy. In many or most cases, the categories of information that qualify as CUI are non-controversial, and include sensitive information related to law enforcement, nuclear security, grand jury proceedings, and so on.
One of the striking features of the new CUI program is that it limits the prevailing autonomy of individual agencies and obliges them to conform to a consistent government-wide standard. "CUI categories and subcategories are the exclusive means of designating CUI throughout the executive branch," the proposed rule states. "Agencies may not control any unclassified information outside of the CUI Program." Nor do agencies get to decide on their own what qualifies as CUI.
"The mere fact that information is designated as CUI has no bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion," the new proposed rule said. The possibility that CUI information could or should be publicly disclosed on an authorized basis is not precluded. More specifically, a CUI marking in itself does not constitute an exemption to the Freedom of Information Act, the rule said. However, a statutory restriction that justifies designating information as CUI would also likely make it exempt from release under FOIA.
More subtly, noted John P. Fitzpatrick, the director of the Information Security Oversight Office, there is a large mass of material that is neither CUI nor non-CUI– until someone looks at it and makes an assessment. In all such cases (other than voluntary disclosure by an agency), public access would be governed by the provisions and exemptions of the FOIA.
(Score: -1, Offtopic) by Anonymous Coward on Friday May 15 2015, @10:27PM
Jeremiah, your comment reminds me of a famous song:
(Score: 1, Informative) by Anonymous Coward on Friday May 15 2015, @10:37PM
troll here [federalregister.gov]
(Score: 2) by Jeremiah Cornelius on Friday May 15 2015, @10:54PM
I was an extra in a Sheena Easton video, shot in '85.
You're betting on the pantomime horse...
(Score: 0) by Anonymous Coward on Friday May 15 2015, @10:59PM
Were you in any Roxette music videos?
(Score: 2) by Jeremiah Cornelius on Friday May 15 2015, @11:00PM
No. Specimen.
You're betting on the pantomime horse...
(Score: 0) by Anonymous Coward on Friday May 15 2015, @11:01PM
"Specimen" by Duran Duran?
(Score: 0) by Anonymous Coward on Friday May 15 2015, @11:06PM
how'd you manage to do that?
(Score: 0) by Anonymous Coward on Friday May 15 2015, @11:09PM
> how'd you manage to do that?
Casting couch!
(Score: 2) by JeanCroix on Saturday May 16 2015, @12:09AM
(Score: 2) by FatPhil on Sunday May 17 2015, @01:30PM
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 0) by Anonymous Coward on Friday May 15 2015, @11:43PM
Modding the parent offtopic was just petty and stupid. The post was at least tangentially on topic. Somebody apparently has a grudge against the poster. Hunt the modder down, take his mod points away and slap his peepee. Asshole.
(Score: 0) by Anonymous Coward on Friday May 15 2015, @11:46PM
troll here [federalregister.gov]