"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy

Abstract

The U.S.Government has always protected scientific and technical information that might compromise national security. Since the 2001 terrorist attacks, the government has widened controls on access to information and scientific components that could threaten national security. The policy challenge is to balance science and security without compromising national security, scientific progress, and constitutional and statutory protections. This report summarizes (1) provisions of the Patent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA PATRIOT Act, P.L. 107- 56; the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, P.L. 107-188; and the Homeland Security Act, P.L. 107-296, that permit governmental restrictions on either privately generated or federally owned scientific and technical information that could harm national security; (2) the evolution of federal definitions for "sensitive but unclassified" (SBU) information; (3) controversies about White House policy directives on federal SBU and "Sensitive Homeland Security Information" (SHSI); and (4) policy options. Even before the terrorist attacks of 2001, federal agencies used the label SBU to safeguard from public disclosure information that does not meet standards for classification in Executive Order 12958 or National Security Decision Directive 189. New Executive Order 13292 might widen the scope of scientific and technological information to be classified to deter terrorism. SBU has not been defined in statutory law, in using the term, some agencies refer to definitions for controlled information, such as "sensitive," in the Computer Security Act, and to information exempt from disclosure in the Freedom of Information Act (FOIA) and the Privacy Act. Bioterro

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Document Details

Document Type
Technical Report
Publication Date
Jul 02, 2003
Accession Number
ADA437391

Entities

People

  • Genevieve J. Knezo

Organizations

  • Library of Congress

Tags

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  • Biomedical
  • Cyber
  • Energy and Power Technologies
  • Space

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  • Biomedical Research
  • Commerce
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  • Department Of State
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  • Law
  • National Security
  • Nuclear Energy
  • Organizational Structure
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  • Government and Public Administration Law.

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  • Cyber