The Protection of Classified Information: The Legal Framework

Abstract

Recent incidents involving leaks of classified information have heightened interest in the legal framework that governs security classification, access to classified information, and penalties for improper disclosure. Classification authority has generally rested with the executive branch, although Congress has enacted legislation regarding the protection of certain sensitive information. While the Supreme Court has stated that the President has inherent constitutional authority to control access to sensitive information relating to the national defense or to foreign affairs, no court has found that Congress is without authority to legislate in this area. This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws and regulations that form the legal framework protecting classified information.

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Document Details

Document Type
Technical Report
Publication Date
Dec 21, 2006
Accession Number
ADA460675

Entities

People

  • Jennifer K. Elsea

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Counter WMD
  • Human Systems

DTIC Thesaurus Topics

  • Classified Materials
  • Congress
  • Executives
  • Foreign Policy
  • Government (Foreign)
  • Government Employees
  • Governments
  • Information Security
  • Law
  • Materials
  • National Governments
  • National Security
  • President (United States)
  • Security
  • Supreme Court
  • Unauthorized Disclosure
  • United States

Readers

  • Government and Public Administration Law.