November 16, 2023
Panel V: Secrecy, Classification, and the Law
Law and policy regarding secrecy and classification every day shape the work of countless national security professionals and other government officials. Secrecy and classification are subjects of engagement by all three branches of the federal government, centrally important to a continuing line of investigations and prosecutions for mishandling the nation’s secrets, and thanks in part to some of those cases also the focus of intense political controversy and debate. Meanwhile, the recent Discord leaks underscore that longstanding questions about the design and performance of the system endure a decade after the massive Manning and Snowden leaks.
Questions this panel will address include: Information Protection and Transparency – In terms of law and policy, is the current secrecy regime appropriately balancing public interests in information security and transparency? Does the classification system have the right categories of information, with the right definitions and the right timelines, criteria, and processes for declassification? Is the FOIA system, and its administrative and judicial review process, properly configured and acceptably performing? The panel will also ask whether we have the security clearance system the nation’s security, and the professionals who provide it, deserve? Does current law provide too much power to the President over security clearances? What should we make of recent relevant administrative and legislative proposals for reform? The panel will also explore what the current law and relevant precedent says about penalties for mishandling the nation’s secrets and whether we have the right set of laws, and penalties? What do cases over the past 10 tell us about how the system is working and where it may be headed?