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Classified information in the United States
The United States government classification system is established under Executive Order 13526, the latest in a long series of executive orders on the topic.〔(【引用サイトリンク】title=Executive Order 13526 - Classified National Security Information )〕 Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the regulations codified to 32 C.F.R. 2001. It lays out the system of classification, declassification, and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments.〔(【引用サイトリンク】title=Executive Order 13526 of December 29, 2009, ''Classified National Security Information'' )〕
The desired degree of secrecy about such information is known as its sensitivity. Sensitivity is based upon a calculation of the damage to national security that the release of the information would cause. The United States has three levels of classification: Confidential, Secret, and Top Secret. Each level of classification indicates an increasing degree of sensitivity. Thus, if one holds a Top Secret security clearance, one is allowed to handle information up to the level of Top Secret, including Secret and Confidential information. If one holds a Secret clearance, one may not then handle Top Secret information, but may handle Secret and Confidential classified information.
The United States does not have British-style Official Secrets Act; instead, several laws protect classified information, including the Espionage Act of 1917, the Atomic Energy Act of 1954 and the Intelligence Identities Protection Act of 1982. A 2013 report to Congress noted that "...criminal statutes that may apply to the publication of classified defense information ... have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it), who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. While prosecutions appear to be on the rise, leaks of classified information to the press have relatively infrequently been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it."〔 The legislative and executive branches of government, including US presidents, have frequently leaked classified information to journalists.〔''Burn Before Reading'', Stansfield Turner, 2006〕〔The Deadly Bet, Walter LaFaber〕〔Seeds of Terror, Gretchen Peters〕〔(Classified Information in "Obama's Wars" ), September 29, 2010, Jack Goldsmith, Lawfare, via stephenkim.org〕 Congress has repeatedly resisted or failed to pass a law that generally outlaws disclosing classified information. Most espionage law only criminalizes national defense information; only a jury can decide if a given document meets that criterion, and judges have repeatedly said that being "classified" does not necessarily make information become related to the "national defense".〔〔(Judge T.S. Ellis III ), reduction of Franklin sentence hearing, 2009〕 Furthermore, by law, information may not be classified merely because it would be embarrassing or to cover illegal activity; information may only be classified to protect national security objectives.〔(【引用サイトリンク】title=Google Scholar )〕
==Terminology==
In the U.S., information is called "classified" if it has been assigned one of the three levels: Confidential, Secret, or Top Secret. Information that is not so labeled is called "Unclassified information". The term ''declassified'' is used for information that has had its classification removed, and ''downgraded'' refers to information that has been assigned a lower classification level but is still classified. Many documents are automatically downgraded and then declassified after some number of years. The U.S. government uses the terms ''Sensitive But Unclassified'' (SBU), ''Sensitive Security Information'' (SSI), ''Critical Program Information'' (CPI), ''For Official Use Only'' (FOUO), or ''Law Enforcement Sensitive'' (LES) to refer to information that is not Confidential, Secret, or Top Secret, but whose dissemination is still restricted. Reasons for such restrictions can include export controls, privacy regulations, court orders, and ongoing criminal investigations, as well as national security. Information that was never classified is sometimes referred to as "open source" by those who work in classified activities. ''Public Safety Sensitive'' (PSS) refers to information that is similar to Law Enforcement Sensitive but could be shared between the various public safety disciplines (Law Enforcement, Fire, and Emergency Medical Services). Peter Louis Galison, a historian and Director in the History of Science Dept. at Harvard University, claims that the U.S. Government produces more classified information than unclassified information.〔http://www.fas.harvard.edu/~hsdept/bios/docs/Removing%20Knowledge.pdf〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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