Legal and Ethical Issues on Classified Information - Case Study Example

? ified information Legal and Ethical Issues on ified Information Introduction The ethical and legal issues associated with the release of classified information for media sensational, safeguarding, classifying and declassifying the information on national security. The democratic principles in US require that Americans be informed on government activities. Nevertheless, the national defense has throughout the history required maintenance of secretion of certain confidential information so as to protect the citizens, democratic institutions and the homeland security. Protection of critical information regarding the national security demonstrates the commitment to government openings through accountable and accurate application of the classification standards as well as effective declassification (Jennifer, 2013). The information is classified when the original classification authority is doing the classification of information. This also protects the information regarding the government control. The authority determines the authorized disclosure of the information that could have result to national insecurity, like the defense against the transnational terrorism. Top secret is applied to the information, and any unauthorized disclosure may cause grave damages to national security. Confidentiality should be adhered to the information, and the unauthorized disclosure may damage the national security. When employees of government contractors lack the classification authority, the information should be protected in such a way that the directives are implemented. The transmission of information should be prompt. The information should not be classified unless there is authorization for its disclosure (Kaiser, 2008) Ethical issues The advanced intelligence technology enhances documentation of command responsibility and war crimes. Such evidence is critical in the prosecution process. United State has been in the forefront in rule making and incorporating protection to the classified security on national information. The ethical issues enhance protection and disclosure of such information. This considers the concerns by the government on secrecy of the sensitive information. Sensitivity of information depends on the calculation of damage that the disclosure can cause to the national security. The different levels of classification; top secret, secret and confidential information indicate the various levels of sensitivity. Top secret clearance allows for handling the information to the highest level, including the secret and confidential (Kaiser, 2008). Information in US is referred as classified after assigning the level of secret. Information can be classified as a result of court orders, ongoing criminal investigations, or privacy regulations. Protection of information on national security includes rigorous investigation on unauthorized disclosures of the classified information so as to identify individuals committing such offenses. The administrative actions come addresses the unauthorized disclosures across the government security programs. This necessitates development of a coordinated and properly resourced authority for administratively addressing such problems (Jennifer, 2013). The correction of unauthorized disclosures for the classified information squarely falls on all the officers and employees of the government who have the privilege of handling the classified information from the government. The agency heads and various departments have the substantial authority of addressing issues of unauthorized disclosure of the classified information in their organizations. This can be through termination, revocation or suspension of employees to the national interest of interests of national security in United States. The authority checking on unauthorized disclosures applies sanctions to prevent damage of the classified information (Jennifer, 2013). The unauthorized disclosure risks associated with most people require diligent management, with strict enforcement of the principles of preventing individuals from accessing information regarding the national security, unless with requisite security clearance and approval of performance of secret official duties. The discipline related with dissemination of classified information enhances a reduction of dissemination of classified information with legal liability and personal accountability for information protection (Kaiser, 2008). The technological applications in a reinvigorated information security regime can substantially improve control and management of the classified information. Technology may not solely be effective in protecting against unauthorized disclosures but can provide deterrent, forensic and detection capability when combating for unauthorized disclosures. This provides the investigators with tools that enhance identification of certain violations of ethical and legal obligations with the aim of protecting the classified information. The digital rights technology for management of private sectors aimed at management of the intellectual property as well as imposing the copyright restrictions (Kaiser, 2008). The seriousness for the ethical issues has outpaced the enforcement mechanisms of the administrative capacity in addressing effectively issues on the unauthorized disclosure of the classified information. Government in United States must address problems related with unauthorized disclosure simultaneously through the three fronts (Kaiser, 2008). The Disclosure Policy The US government policy treats classified information as an asset of national security, and it protects and conserves it and protects it from disclosure from the foreign governments. The disclosures should be consistent with military security requirements and policy objectives, and contains information that warrants the disclosure. According to the policy, foreign governments are not entitled to access the classified military information of the United States. The policy assigns the control of disclosure responsibility to state and defense secretaries. The duties of the national security decision memorandum, NSDM, have been outlined by the policy. This involves establishment of interagency procedures and mechanisms which implement disclosure policy. Also, review of the available information through determination of the capability of the government in protecting the classified information is provided in the policy (Casteli, 2008). The basic policy does not involve control of the national intelligence and counterintelligence. These are the role of the director to the national intelligence and entails communicating the security information and equipment. The policy also defines the eligibility levels for the countries that exchange classified information with the United States. Most cases involve disclosure of the highest level of classification that exceeds delegated eligibility levels. The Secretary to the state should obtain consent of owning the department or the agency prior to the authorization of exceptions to the policy (Jennifer, 2013). The policy exceptions can be denied or granted by national disclosure policy committee. The decisions by the committee must be unanimous, and in case of the split vote, chairman should evaluate positions of the members as well as circulate the memorandum of intent to deny or prove the request. Members should have the prerogative in order to appeal to the decision by the chairman (Casteli, 2008). Enforcement of Ethics on Unauthorized Disclosure The executive branch activates various administrative measures that improve the capacity of stemming out the unauthorized disclosure practice. The agencies and departments should handle classified information critically, and use collective and individual efforts in protecting such disclosures. The legal officials within the central intelligence and defense departments should work collectively towards improvement of enforcement of the laws pertaining unauthorized disclosures (Jennifer, 2013). The officials should closely work with the Congress in ensuring the legal authorities which enhance the deterrence ability of unauthorized disclosures as well as to identify the persons who reveal classified information to violate the law, and their duty to the State. Identification of unauthorized disclosure enhances further protection of classified information on national security. The agencies and departments disseminating classified information must continue using their authority in undertaking aggressive and immediate investigations for unauthorized disclosures for the classified information. This entails use of all the investigative techniques and tools in identifying the perpetrators (Jennifer, 2013). They are entitled to report the crimes to the department of justice, and should be active in conducting internal investigations on prosecutorial decision of the department, unless directed otherwise by the attorney general. Conducting the internal investigations requires consultations of the agencies to the FBI to enhance investigatory guidance. As a result of the significant harm resulting from unauthorized disclosures of the classified information, department of justice must provide active investigative support under the direction of Attorney General. The department of justice together with FBI must avail themselves to conduct investigations on unauthorized disclosures of classified information. The agencies and departments must notify the department of justice when former or current government employee with legal or contractual obligation protects the classified information against unauthorized disclosures. The department of justice should be prepared in prosecuting all cases where the circumstances and evidence warrant in order to provide a regular report to the agencies or departments affected (Kaiser, 2008). Executive Branch must continue engaging the Congress, media and citizens in increasing the awareness on the damaged national security which results from unauthorized disclosures for the classified information. This is meant to improve the security for the classified information of the federal government as well as to enforce laws concerning unauthorized disclosures. Non-disclosure agreements by people granted permission to access classified information must be amended in order to include the provision which sets out the liquidated damages, based on the judicial findings that the person associated with breaching the contract execute the certification under the perjury penalty of engaging in unauthorized disclosure. The unauthorized disclosures expose an individual to severe penalties imposed in accordance with laws on those found to have engaged in unauthorized disclosures (Jennifer, 2013). The heads of departments and agencies must review the legal authorities, as well as the associated administrative processes, in order to determine their adequacy in the investigation and imposition of appropriate sanctions, on people engaging in unauthorized disclosure of the classified information. Also, the department of justice should review the policies, legal authority and practices in enhancing the identification of unauthorized discloses of the classified information. This should entail the use of the cross-agency resources in developing relational database for classified information unauthorized disclosures (Casteli, 2008). In conclusion, in support of military, diplomatic and intelligence capabilities, the State should combat any unauthorized disclosures for the classified information by aggressive administrative enforcement of the current requirements and the rigorous investigation of any unauthorized disclosure. This should also involve vigorous enforcement of criminal laws on federal crimes (Jennifer, 2013). References Casteli, E. (2008, January 22). New policy expected soon for sensitive information. Federal Times 2(3), 12-23.. Jennifer, E. (2013). Criminal Prohibitions on the Publication of Classified Defense Information. New York: Taylor & Francis. Kaiser, F. (2008). Protection of Classified Information by Congress: Practices and Proposals. Congressional Research Service 8(2), 1-14.. Read More