Homeland Security wants us kept in the dark

Under the scheme, outlined in a directive issued last month, DHS is creating a new “For Official Use Only” (FOUO) classification process that encompasses a wide swath of information that the government bureaucracy deems “sensitive but unclassified.”  

The directive empowers DHS employees and contractors to classify information as FOUO if it falls within 11 general categories, and that information is to remain classified “until determined otherwise” by DHS.

In addition, DHS supervisors and managers are empowered to go beyond the 11 categories and designate “other information” as FOUO. The directive also spells out exacting FOUO information-handling procedures, which include secured storage and encrypted transmission.

“FOUO information will not be disseminated in any manner -- orally, visually, or electronically -- to unauthorized personnel,” the DHS directive states. “Access to FOUO information is based on ‘need-to-know’ as determined by the holder of the information.”

DHS employees and private contractors also will be required to sign non-disclosure agreements prior to being given access to FOUO information.

The directive states further that “designation of information as FOUO is not a vehicle for concealing government negligence, ineptitude, illegalities, or other disreputable circumstances embarrassing to a government agency.”

However, one attorney who represents DHS whistleblowers is not at all assured by that language.

“I think that they plan on making virtually everything confidential and punishing employees who reveal anything,” the lawyer states. “This will of course frustrate the legal process and the public's right to know.”

As an indication of how broad this new policy is, the directive itself concedes that information designated as FOUO “is not automatically exempt from disclosure under the provisions of the Freedom of Information Act.” In other words, DHS is taking upon itself the power to classify information that may very well be considered public information under existing law.

Still, anyone releasing, or even inquiring, about FOUO information will be subjected to the scrutiny of DHS’ security police.

The directive states:

Suspicious or inappropriate requests for information by any means, e.g., email or verbal, shall be report(ed) to the DHS Office of Security. Employees or contractors who observe or become aware of the loss, compromise, suspected compromise, or unauthorized disclosure of FOUO information will report it immediately, but not later than the next duty day, to the originator and the local Security Official.

... At the request of the originator (of the FOUO information), an inquiry will be conducted by the local security official or other designee to determine the cause and affect of the incident and the appropriateness of administrative or disciplinary action against the offender.

The email newsletter Secrecy News, which is published by the Federation of American Scientists’ Project on Government Secrecy, broke the news about the new DHS directive. It describes the directive as “imposing extraordinary new access controls on unclassified information.”

“This is a recipe for uncontrolled accumulation of restricted records,” the newsletter adds.

The DHS directive also is a formula for giving a Big Brother bureaucracy Stasi-like control over determining what information is in the public interest.