The U.S. Government's Over-Classification Epidemic: Ratcliffe
Classified information is a mainstay in the news these days and rarely for positive reasons. On the one hand, classified documents seem to be leaking at an unprecedented rate, often revealing not only sensitive national security information but also government impropriety. While in office, I saw this firsthand in Crossfire Hurricane, the bogus counterintelligence investigation into non-existent links between President Trump and Russia. Much of that information should never have been classified and was only tightly controlled to obscure government wrongdoing. On the other hand, overclassification of information that does not meet appropriate classification thresholds is an epidemic inside the national security apparatus. As a result, it is estimated that some 50 million documents are classified each year across the federal government.
Overclassification—or unreasonable resistance to declassification—is sometimes a result of the desire to conceal embarrassing or inappropriate actions, but it’s more often done out of convenience, laziness or good old-fashioned CYA. After all, I'm not aware of any government employee getting in trouble for classifying something that didn't really need to be classified, but there are serious ramifications for not classifying something that should be.
In part because the executive branch has been so slow to address this issue, a bipartisan group of lawmakers in Congress has filed bills to address over-classification and declassification issues. Perhaps they are hoping to force the White House to take action, but any President should be wary of the legislative branch encroaching on their Constitutional authority to classify and control access to national security information.
However, if we are going to tackle the pervasive overclassification problem, we must also ensure that the government has a reasonable process for handling “controlled unclassified information” (CUI)—information that is not classified but is nonetheless not widely shared by the U.S. government. This is the gray area between highly sensitive national security information and widely available or non-sensitive information that’s suitable for public disclosure.
In a 2020 memo to the President’s National Security Advisor, I laid out how the current system came into effect:
For decades, agencies often employed ad hoc, agency-specific policies, procedures, and markings to handle unclassified information that requires safeguarding or dissemination controls. This patchwork approach apparently resulted in agencies' marking and handling information inconsistently, implementing allegedly unclear or unnecessarily restrictive dissemination policies, and creating potential obstacles to information sharing.”
This dynamic led to the Obama Administration in 2010 to issue an Executive order (EO 13556) retiring many of the various, inconsistent unclassified dissemination control markings used for this “gray area” information and replacing them all with a single marking: CUI.
This simplified approach sounded like a good idea at the time. But like many other well-intentioned government policies, it broke down in its implementation.
https://www.realclearwire.com/articles/2023/05/27/the_us_governments_classification_epidemic_902066.html