Reining in “Controlled Unclassified” Information: Time to Get the Job Done

The administration’s 2nd Open Government National Action Plan, released Dec. 6, includes a welcome commitment to implement the reforms laid out in President Obama’s 2010 executive order on controlled unclassified information (CUI).

Background

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Defense Department Takes Narrower Approach to Controlled Unclassified Information

A new Department of Defense (DOD) rule requires defense contractors to protect “unclassified controlled technical information” from unauthorized access and disclosure. The rule, issued Nov. 18, is much narrower than DOD’s proposed rule, which had raised concerns that it could result in the inappropriate withholding of public information.

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Administration Identifies Unclassified Information to be Safeguarded

On Nov. 4, the National Archives and Records Administration (NARA) released the initial registry of controlled unclassified information (CUI) categories. When fully implemented, the categories listed in the CUI registry will be the only labels that agencies can use to identify unclassified information that requires safeguarding or dissemination controls.

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National Archives Launches Initial CUI Registry

The National Archives and Records Administration (NARA) today launched the initial registry of controlled unclassified information (CUI) categories that agencies can use to safeguard sensitive but unclassified information. President Obama called for the registry in his executive order on CUI, which he signed one year ago today.

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Agency Rules Could Undermine CUI Reforms

A proposed Department of Defense (DOD) rule has the open government community concerned that agencies may try to undermine the Obama administration's emerging controlled unclassified information (CUI) system before it is even formally in place.

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Administration Lays Foundation for New CUI System

Seven months after President Obama issued an executive order on controlled unclassified information (CUI), the outlines of a new CUI system are taking shape. On June 9, the National Archives and Records Administration's (NARA) CUI office released initial guidance on implementing the order.

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Intelligence Community Tries & Fails to add Silly Exemption to FOIA

Earlier this month, the Washington Post ran a story about the intelligence community’s efforts to push legislators to amend the Intelligence Authorization Act (S. 1494) to exempt “terrorist identity information (TII)” from the Freedom of Information Act (FOIA).  Currently, this information is marked as Controlled Unclassified Information (CUI) with a stamp that reads “for official use only” but the Office of the Director of National Intelligence (ODNI) made claims that the information could readily be requested under FOIA with little protection.  We have proof that these claims were ridiculous.

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Taskforce Deadline for CUI Review Quickly Approaching

August 27 is the deadline for completion of recommendations to be made by an interagency taskforce assigned by the president that address the issue of secrecy labeling in the federal government.  No indication as of yet as to what those recommendations may contain.  As part of our effort to educate the government and the public on the importance of this issue, we interviewed several experts about the key questions. 

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BREAKING: Administration Creates Interagency Review Teams for Overclassification and CUI

Today, the Obama administration released a memo requiring reviews of overclassification and the current Controlled Unclassified Information (CUI)/ Sensitive but Unclassified (SBU) process.  The memo does not dictate any new procedures on how agencies must handle such designated material.  However, it does establish an interagency 90-day review process to advise the administration on actions it should take to advance on previous efforts to reform these problems.

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