Over-Classification Of Government Documents Leads To Mishandling And Abuse – Analysis

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Abstract

This article highlights the issue of over-classifying government documents, the importance of protecting classified information, and the need for a more organized and secure process for handling it. The article suggests that the Executive Branch and the National Archives should work together to develop a system that minimizes the risk of classified information falling into the wrong hands.

The loss or unauthorized removal of classified documents can have severe consequences for national security, and proper measures must be implemented to prevent such incidents. Also, the issue of the improper handling of classified documents by outgoing Presidents of the United States and their staff has become a significant concern. This behavior not only puts sensitive information at risk of being compromised but also goes against the established protocols and procedures for handling classified information.

This article is interested in understanding past events in an attempt to interpret the facts and explain the cause of occurrences, and their impact on the current events; thus, it is historical research. The article proposes a solution to this problem by suggesting that the Executive Branch work with the National Archives to establish a system and security measures for the gradual transfer of classified materials before the President vacates office. This would ensure that the proper protocols and procedures are followed and that the classified information is appropriately secured and protected. The concept of waiting until the last minute to turn in all the classified materials at once is a cause for concern. This approach can increase the risk of losing or misplacing sensitive documents and puts undue pressure on the Executive Branch and the National Archives to quickly transfer and secure a large volume of materials in a short period. In brief, the statement underscores the importance of adequately handling classified documents and the need for a systematic and secure approach to their transfer to the National Archives. 

Over-Classification of Government Documents Leads to Mishandling and Abuse

Secret government documents are highly confidential documents that are classified to protect national security and sensitive information. These documents are categorized into different classification levels based on the information’s sensitivity. This article discusses the basics of secret government document classification in a way that is easy for everyone to understand. The classification of secret government documents is based on their level of sensitivity. Top Secret, Secret, Confidential, and Unclassified are the four primary classification levels. 

Top Secret is the highest classification level used to protect information that would cause “exceptionally grave damage” to national security if disclosed. This information is usually related to national defense, military operations, or intelligence activities. The Secret is the second-highest classification level and protects information that would cause “serious damage” to national security if disclosed. This information may include sensitive details related to military plans, weapon systems, or intelligence operations. Confidential is the third classification level and is used to protect information that would cause “damage” to national security if disclosed. This information may include details related to the internal workings of government agencies, law enforcement operations, or sensitive economic information (U.S. Department of Defense, Report, 1970).

Unclassified is the lowest classification level and is used for information that is not sensitive or does not need to be protected. This includes information already available to the public or information needing to be more sensitive to require classification. In addition to these classification levels, secret government documents may be further protected by additional security measures, such as physical security, electronic security, or access controls. It is important to note that unauthorized disclosure of secret government documents is a serious offense and can result in severe consequences, including imprisonment and fines. Secret government documents are handled and stored securely to prevent unauthorized access. Access to these documents is restricted to individuals who need to know the information and have been granted the appropriate security clearance. These individuals must undergo a rigorous background check and training program before being granted access to secret government documents. 

Secret government documents are often marked with specific classification markings that indicate the information’s sensitivity level. These markings help individuals identify the necessary level of security to handle and store the document correctly. For example, a paper marked “confidential” should only be handled by individuals who have been granted a confidential security clearance. The unauthorized disclosure of secret government documents is a serious offense and can result in criminal charges and severe consequences. This includes fines, imprisonment, and the loss of security clearance.

In brief, classifying secret government documents is essential to national security. The different classification levels protect sensitive information and prevent unauthorized disclosure. By understanding the different levels of classification and the importance of safeguarding secret government documents, we can ensure that national security is maintained and that sensitive information remains secure.

Understanding When the U.S. Started Classifying Government Documents 

The classification of government documents in the United States has a long history that dates back to the country’s founding. The first known instance of document classification was in 1792 when President George Washington signed into law the “Instructions for the government of the Armies of the United States in the field,” which established guidelines for handling and protecting military intelligence. However, in World War I, the classification of government documents became more formalized. The Espionage Act of 1917 authorized the Federal Government to classify information related to national defense and foreign relations, and it was during this time that the terms “confidential,” “secret,” and “top secret” were first used to categorize information based on its level of sensitivity (Edgar & Schmidt, 1973).

The modern system of classification that we know today was established by President Harry S. Truman in executive order 10501, issued on April 2, 1945. This order defined the three levels of classification (Confidential, Secret, and Top Secret) and established procedures for protecting classified information. This order, which remains in effect today, established a centralized system of classification, declassification, and dissemination of national security information. In addition, it gave the President the authority to classify information in the interests of national defense and foreign policy (McDougal & Lans, 1945). 

National security became the umbrella for classifying government documents because of the growing threat posed by foreign adversaries and the need to protect sensitive information related to national defense and foreign policy. In the post-World War II era, the United States faced a rapidly changing geopolitical landscape and the rise of the Cold War. As a result, the classification of information related to national security became increasingly important as a means of protecting U.S. interests and ensuring the safety of its citizens. Also, in recent years, American news media outlets have been discussing the over-classification of government documents. The issue of over-classification in the United States dates back to the early 20th century when the Government first began to classify information for national security reasons. However, it was only in the mid-20th century that the problem of over-classification gained wider recognition and became a significant concern.

One of the earliest examples of the over-classification problem in the United States was the Pentagon Papers case in 1971. The Pentagon Papers were a classified report documenting the history of the U.S. government’s involvement in the Vietnam War. The report was leaked to the press, and the Government attempted to suppress its publication because it was classified and could harm national security. The case ultimately went to the Supreme Court, where the Government’s attempts to suppress the report’s publication were found to be unconstitutional. The Pentagon Papers case brought the issue of over-classification to the forefront and raised concerns about the Government’s ability to restrict the public’s access to information in the name of national security (New York Times, 1971).

The extent of the problem was first brought to the public’s attention in the 1970s during the Watergate scandal. The scandal revealed that the Nixon administration had been routinely over-classifying information to hide its activities from the public. In response, Congress passed the Freedom of Information Act (F.O.I.A.) in 1974, which gave the public the right to access government records. However, despite the passage of the F.O.I.A., over-classification continued to be a problem, and many government documents were marked as classified even though they did not contain sensitive information. This led to calls for reform and greater transparency in the classification system (Archibald, 1993).

In the late 1990s and early 2000s, several high-profile security breaches, such as the release of classified information by government employees and the exposure of classified information on government websites, brought the issue of over-classification back into the public eye. In 2009, President Barack Obama signed Executive Order 13526, which aimed to reduce the amount of classified information and improve the classification system. The order directed agencies to reduce the number of classified documents, improve the training of classification officials, and increase transparency by declassifying more information (Obama, 2009).

Trend Analyses About the Overclassifying of Government Documents and Employees’ Discretion

Overclassification of government documents is a widespread problem that has been the subject of numerous studies and trend analyses in recent years. These studies have shown that the discretion given to government employees who work with classified documents is a significant contributing factor to the overclassification of government documents. Nevertheless, quantified studies have shown that a significant portion of classified documents contains information that could be safely released to the public without causing harm to national security or individuals. The first study is a report from the National Security Archive, a non-profit research organization that promotes government transparency and accountability. The report, titled “Is Secret History Still Secret? Thirty‐Five Years of Publishing the Pentagon Papers,” was published in 2016 and analyzed the declassification of the Pentagon Papers, a top-secret U.S. government report on the Vietnam War. The report found that most of the information in the Pentagon Papers could be safely declassified without harming national security.

One study found that nearly 70% of classified documents could be safely declassified without causing harm. This highlights the significant extent of overclassification within the government sector (Bloom, 1987). In this study, Bloom analyzed various classification systems, including one used by the U.S. government to classify documents. Based on his analysis, he found that nearly 70% of documents classified under this system could be safely declassified without causing harm. Nonetheless, this study was conducted in 1987, so the percentage may have changed since then. Also, a study conducted by Aftergood in 2016 analyzed the effects of various policies aimed at reducing government secrecy, including declassification. He found that declassifying previously classified documents in many cases did not result in significant harm or negative consequences. 

Additionally, in 2018, Goodman directed a study on making intelligence. He argues that declassifying classified documents can improve intelligence analysis by providing analysts with more data to work with. He suggests that there is a need for a more balanced approach to classification, where more information is made available to analysts while still protecting sensitive information. Trend analysis has shown that overclassification has increased tremendously, particularly in the post-9/11 era. This trend has been attributed to increased security concerns, the expansion of the classification system, and the increasing number of government employees who have access to classified information.

To remedy the problem of overclassification, it is necessary to implement practical recommendations that address the underlying causes. One of the most effective solutions is to limit the discretion given to government employees who work with classified documents. This can be done by establishing clear guidelines and criteria for classification and implementing a review process that ensures that the information to be classified is truly sensitive and requires protection. Another practical solution is to improve the training and education of government employees who work with classified documents. This can help to ensure that they have a better understanding of the classification system and the criteria for classification (National Declassification Center, 2012). 

In addition, it is crucial to establish an independent oversight body responsible for reviewing the classification system and ensuring that it is being used effectively and efficiently. For example, this body could conduct periodic audits of the classification system and review complaints and recommendations for improvements. Finally, it is crucial to establish an effective declassification process that allows releasing information that is no longer sensitive. This can be achieved by implementing a system for regularly reviewing classified documents and determining which ones can be safely declassified.

In short, the overclassification of government documents is a serious problem that has been the subject of numerous studies and trend analyses. To remedy the problem, it is necessary to implement practical recommendations that address the underlying causes, including limiting the discretion given to government employees, improving training and education, establishing an independent oversight body, and establishing an effective declassification process.

Reasons for Classifying Government Documents 

In addition to national security, there are several other reasons for classifying government documents. One reason is to protect sensitive information related to foreign relations. This can include diplomatic communications, negotiations, and agreements between the United States and other countries. Classifying this information can help maintain the confidentiality of diplomatic efforts and prevent harm to the United States’ relationships with other nations. Another reason for classifying government documents is to protect intelligence sources and methods. This includes information related to the methods and techniques used by intelligence agencies to collect information, as well as the identities of intelligence sources and assets. 

Protecting this information is critical to maintaining intelligence operations’ effectiveness and ensuring those involved’s safety. Another reason for classifying government documents is to protect critical infrastructure. This can include information about the design, construction, and maintenance of infrastructure systems, such as nuclear power plants, dams, and transportation networks. Classifying this information can help prevent malicious actors from exploiting vulnerabilities in these systems and causing harm to the United States.

Despite the importance of classifying government documents for these and other reasons, the classification system has sometimes been abused for other purposes. In some cases, documents have been classified not to protect national security, but to prevent embarrassment or protect political interests. This can lead to a culture of excessive secrecy, where information that should be public is kept hidden from the public. This can undermine government transparency and accountability and erode public trust in government institutions.

In summary, while the classification of government documents is necessary for protecting national security and other vital interests, it is paramount to ensure that the system is not abused for other purposes. This requires a robust and independent oversight mechanism to ensure that classification decisions are made in national security’s interest, not for political or other improper purposes. Overclassifying government documents is a serious concern that has been the subject of numerous studies and analyses. Overclassification refers to the practice of classifying information as secret or confidential even when it does not pose a significant threat to national security. This can have negative consequences for the Government and the public, as it can undermine transparency and accountability, limit the free flow of information, and damage public trust in government institutions.

Quantified studies have shown that overclassification is a widespread problem. For example, a study piloted by the National Security Archive found that over 80% of classified documents could be safely released to the public without harm to national security. This suggests that many government staff are overclassifying information due to excessive caution, confusion about the criteria for classification, or a lack of clear guidelines and standards. Another study found that the number of classified documents has increased dramatically in recent decades, with most of these documents being classified at the discretion of government employees. This suggests that the problem of overclassification is becoming more prevalent and that it is becoming increasingly difficult to control (National Security Archive. 2012).  

We must address the problem of overclassification, and several practical solutions have been proposed. One solution is to establish clear guidelines and classification standards that are communicated to government employees. This will help to ensure that the criteria for classification are consistently applied and that employees are aware of the consequences of overclassifying information. Another solution is to establish a panel of experts to review the classification decisions made by government employees. This panel would check individual employees’ discretion and help ensure that the classification system is being used effectively and efficiently.

A third solution is to provide training and resources to employees who work with classified documents. This will help ensure that employees are knowledgeable about the classification system and can make informed decisions about what information should be classified. Finally, technology solutions, such as machine learning algorithms, can be implemented to automate the classification process and reduce the risk of overclassification. For example, machine learning algorithms can be used to analyze the content of documents and automatically determine whether they should be classified.

Succinctly, the overclassification of government documents is a widespread problem driven by a combination of factors, including a culture of secrecy, the discretion given to government employees, and the need for clear guidelines and standards for classification. We have to resolve this problem. Clear guidelines and standards for classification should be established, a panel of experts should be established to review classification decisions, employees should be provided with training and resources, and technology solutions should be implemented to automate the classification process. By taking these steps, the Government can help to reduce the risk of overclassification and promote transparency and accountability in government operations.

Overclassifying Government Documents Creates a Massive Problem in Securing and Maintaining Them

The overclassification of government documents is a widespread problem that has severe implications for the security and maintenance of these documents. Classified documents are meant to be protected from unauthorized access, as they contain sensitive information that could be damaging if released to the public. However, when documents are overclassified, it becomes difficult to secure and maintain them properly, which can lead to several issues. One of the primary problems with overclassification is that it creates a significant burden for those tasked with securing and maintaining the documents. In addition, the discretion given to employees working with these documents often results in an inconsistent and opaque system that can be difficult to navigate. This can lead to confusion and inefficiency, as employees may spend excessive time trying to determine which documents are truly sensitive and which are not (Government Accountability Office, 2020).

Another area for improvement with overclassification is that it can limit the ability of government agencies to carry out their missions effectively. When information is classified, it is only available to those who need it to perform their duties, making it more difficult for agencies to make informed decisions and respond to challenges. This can also limit transparency and accountability, as the public needs to be able to access information critical to understanding the Government’s workings. So, it is paramount to resolve the overclassification issue, and several steps can be taken. Firstly, the Government should establish clear guidelines for classifying documents, ensuring that the process is consistent, transparent, and based on objective criteria. This would reduce the number of documents that are inappropriately classified and ensure that sensitive information is protected correctly.

Additionally, the Government should invest in technology and training to help employees manage and maintain classified documents more effectively. Using technology solutions, such as machine learning algorithms or Artificial Intelligence (AI), to automate the classification process can be an effective tool in reducing the risk of over-classification. These algorithms can analyze the content of documents and automatically determine whether they should be classified based on predefined criteria. This approach ensures the classification process is more consistent and objective, reducing the risk of human error or bias. Also, this could include tools for tracking the movement of documents and controlling access to sensitive information. This would improve the system’s efficiency and reduce the risk of unauthorized access or release of information. Finally, the Government should work to increase transparency and accountability so that the public has access to the information it needs to understand how government agencies operate. This could include the creation of an independent commission to review classification decisions and ensure that they are based on objective criteria.

To sum up, the overclassification of government documents is a significant problem that has severe implications for the security and maintenance of these documents. To resolve this issue, the Government should take steps to establish clear guidelines for classification, invest in technology and training, and increase transparency and accountability. Doing so will make it possible to create a more efficient, effective, and secure system for managing and maintaining classified documents.

Moreover, the classification of government documents is a critical process that affects the security and confidentiality of sensitive information. When a document is deemed classified, it is protected by laws and regulations restricting its access and distribution to protect national security and other sensitive interests. However, the problem of overclassification can arise when documents are marked as classified without a valid reason, leading to a more difficult time accessing and maintaining the information. Also, determining whether a document should be classified is a complex and nuanced process that requires careful consideration of various factors. The primary criterion for determining whether a document should be classified is the presence of sensitive information that could harm national security or other vital interests if it were to be disclosed to unauthorized individuals. This information could include details about military operations, intelligence activities, diplomatic relations, or sensitive scientific or technological developments. In order to avoid overclassifying government documents, several steps can be taken.

First, it is essential to have clear guidelines and standards to determine whether a document should be classified. These guidelines should be based on objective criteria and updated regularly to reflect changing circumstances and the evolving threat environment. Second, it is essential to have a system of checks and balances in place to ensure that classification decisions are not arbitrary or subjective. This could involve oversight by a neutral body, such as an independent commission, or the use of technology solutions, such as machine learning algorithms, to help automate the classification process. Third, it is crucial to provide regular training to employees who work with classified documents, to help them understand the importance of accurate and responsible classification. This training should include information about the criteria for determining whether a document should be classified and guidance on how to handle sensitive information responsibly and securely.

Finally, it is essential to have a system in place for reviewing and declassifying documents that are no longer sensitive to reduce the volume of classified information and make it easier to access and protect. This could involve regular reviews of classified material, or the use of technology solutions, such as machine learning algorithms, to help identify documents that are no longer sensitive and can be declassified. In summary, determining whether a document should be classified is a critical process that requires careful consideration of various factors. We should avoid overclassifying government documents. Clear guidelines, a system of checks and balances, regular training, and a system for reviewing and declassifying sensitive information are crucial. Taking these steps makes it possible to ensure that sensitive information is protected while also promoting the free flow of information within government agencies.

Furthermore, the excessive labeling of information as “classified,” has been a persistent issue in Government and military organizations. This phenomenon can have serious consequences, as it can obstruct the flow of information and hamper decision-making processes. One of the root causes of overclassification is the discretion given to employees who work with classified documents. These employees are often tasked with determining which information should be classified and at what level, but their decisions can be subjective and influenced by personal opinions and biases. This discretion can result in overzealous classification, leading to unnecessary restrictions on information that should be widely available to those who need it.

Another factor contributing to overclassification is the culture of secrecy within these organizations. There is often a mentality that it is better to classify information “just in case” rather than taking the time to determine whether it needs to be kept confidential. This tendency could lead to the classification of information that would be of little harm if it were to be released. Additionally, classifying information can be time-consuming and complex, leading some employees to classify information simply because it is easier than conducting a thorough review and risk assessment. This can further perpetuate the cycle of overclassification and perpetuate the notion that it is better to err on the side of caution when it comes to sensitive information.

Briefly, the root cause of overclassification lies in the discretion given to employees and the culture of secrecy within organizations. Thus, it is vital to address this issue by implementing rigorous processes and guidelines to safeguard that only truly sensitive information is classified and that the classification process is objective and consistent. This will help to promote transparency and accountability while reducing the potential harm to national security and democratic governance.

Also, there is historical precedence in abusing the classification of documents. Classification of a document can be considered as being abused when it is misused or applied inappropriately or when it is used to hide information from the public that should be available. Several criteria can indicate abuse of the classification process: 

Over-classification occurs when a document is assigned a higher level of classification than is necessary to protect the information contained within it. For instance, this often happens when information is classified for political or personal reasons rather than national security. 

Inappropriate classification: Information can also be classified inappropriately if it does not meet the criteria for classification as specified by relevant laws and regulations. For example, classifying information already widely available in the public domain would be inappropriate.

Lack of oversight: The lack of effective oversight mechanisms can lead to abuse of the classification process. This can include insufficient resources dedicated to reviewing and declassifying classified information and the absence of independent entities to monitor the classification process. Personal or political motivation: Information can be classified for personal or political reasons rather than national security. This can be particularly problematic when the information pertains to sensitive topics or politically controversial issues. There have been several documented cases of abuse of the classification process throughout history, including during the Watergate scandal and the Iran-Contra affair. 

We have to do all we can to eliminate the abuse of the classification process, and several steps can be taken:

Implementing effective oversight mechanisms can include dedicating sufficient resources to the review and declassification of classified information and establishing independent entities to monitor the classification process. Providing training and guidance to those who classify information: This helps ensure that the classification process is applied appropriately and in accordance with relevant laws and regulations. Increasing transparency: Making more information available to the public and allowing for greater access to classified information can help reduce the risk of abuse of the classification process.

Establishing penalties for abuse: Establishing clear consequences for those who abuse the classification process can help to deter such abuse and hold individuals accountable for their actions. Maintaining a balance between protecting national security information and ensuring transparency and accountability in the classification process is essential.

Over-Classification is Widespread Among Our Allies in the Developed Countries 

The over-classification of government documents is widespread among many developed countries, including the United States, the United Kingdom, Australia, and others. The extent of the problem can vary from country to country, but it is a common challenge faced by governments with large, complex bureaucracies. There have been some joint studies on the issue of over-classification in different countries, although these studies have been limited in scope and have yet to produce comprehensive solutions. These studies have generally found similar blocks to streamlining the classification process, including a culture of secrecy, political considerations, lack of accountability, the complexity of the classification system, and resource constraints.

We must do all we can to remedy the problem of the over-classification of government documents. A comprehensive approach is needed that includes clear and consistent guidelines, proper training, regular review processes, transparency incentives, and the classification process streamlining. This would help improve the classification process’s accuracy and transparency and reduce the prevalence of over-classification in government documents. In addition to these measures, there is also a benefit to increased international cooperation on the over-classification issue. This could involve sharing best practices and lessons learned, as well as joint research and development efforts to find innovative solutions to the problem. This would help build a more transparent, accountable, and efficient system for classifying and declassifying government documents in developed countries around the world.

The United States, the United Kingdom, Canada, and Australia are all countries that have faced challenges related to the over-classification of government documents. However, each country has approached the issue differently and implemented its own measures to address the problem. The over-classification issue has been addressed in the United States through a combination of executive orders, legislative measures, and internal reviews. For example, the President can classify and declassify information, and various laws and regulations govern the classification process. The U.S. government has also implemented training programs and regular reviews to help prevent over-classification. Despite these measures, however, the issue of over-classification remains a significant challenge in the U.S.

In the United Kingdom, the issue of over-classification has been addressed through a combination of legislative measures and internal reviews. The U.K. has a comprehensive system for the classification and declassification of information. Besides, it has implemented various measures to improve transparency and accountability, including the Freedom of Information Act and the Information Commissioner’s Office (U.K. Government, 2014). Overall, the U.K. government’s efforts to address over-classification have been ongoing and multifaceted. While challenges remain, there has been progress in promoting greater transparency and accountability in using classified information.

In Canada, the over-classification issue has been addressed through a combination of legislative measures and internal reviews. Canada has a comprehensive system for the classification and declassification of information. It has implemented various measures to improve transparency and accountability, including the Access to Information Act and the Information Commissioner’s Office. In addition to legislation, the Canadian Government has conducted internal reviews of its classification system. For example, in 2016, the Government established the Classified Information Management Office (C.I.M.O.) to provide a central point of contact for managing classified information across government departments and agencies. The C.I.M.O. is responsible for developing and implementing policies and procedures related to classifying and declassifying information (Government of Canada, 2016).

In Australia, the over-classification issue has been addressed through a combination of legislative measures and internal reviews. One example of a legislative measure is the Protective Security Policy Framework (P.S.P.F.), which sets out the Australian Government’s policies and requirements for protecting sensitive information. The P.S.P.F. includes provisions for the classification and declassification of information and guidance for the review and release of classified information. In addition to legislation, the Australian Government has conducted internal reviews of its classification system. For example, in 2010, the Government established the Australian Security Intelligence Organization (ASIO) to review the use of classified information in government agencies (Australian Government, 2018).  

The review resulted in a series of recommendations to improve the management of classified information and reduce over-classification. Australia has a comprehensive system for the classification and declassification of information. It has implemented various measures to improve transparency and accountability, including the Freedom of Information Act and the Office of the Australian Information Commissioner. Overall, the Australian Government’s efforts to address over-classification have been ongoing and multifaceted. While challenges remain, there has been progress in promoting greater transparency and accountability in using classified information.

From a comparative analysis of these four countries, it is clear that there is no one-size-fits-all solution to the issue of over-classification. Each country has faced unique challenges and has implemented measures to address the problem. Nonetheless, some common themes can be observed in these countries’ approaches, such as the importance of clear and consistent guidelines, proper training, regular review processes, and incentives for transparency. In short, it is crucial to learn from the experiences of these countries and to continue to develop and implement best practices for addressing the issue of over-classification. By working together and sharing experiences and solutions, countries can improve the transparency and accountability of their classification processes and reduce the prevalence of over-classification.

Besides, there are several blocks to streamlining and fixing the over-classification of government documents in the U.S., some of which include: Bureaucratic resistance: Government agencies and departments often have a culture of secrecy and resistance to sharing information. This can make it difficult to implement reforms to reduce over-classification and improve transparency. Lack of resources: Implementing reforms to address the over-classification of government documents requires resources, such as funding and personnel, which may need to be made available (Government Accountability Office, 2020).

Political considerations: The classification of government documents can be influenced by political considerations, such as the desire to protect sensitive information or to maintain control over information. This can make it challenging to implement reforms aimed at reducing over-classification. National security concerns: Protecting national security is a top priority for many countries, including the U.S. This can make it difficult to implement reforms that could potentially reduce the level of security for sensitive information.

Over-classification is ubiquitous in the U.S. and is a common issue in many developed countries. Several studies have investigated the issue of over-classification in other countries and have found similar challenges and barriers to addressing the problem. For example, one study conducted in Australia found that the over-classification of government documents was a widespread problem and that the current classification system needed to be simplified and easier to navigate (Fitzgerald et al., 2010). In addition, the study recommended developing clear and consistent guidelines, regular review processes, and improved training for government employees to address the issue.

Another study piloted in Canada by Standing Senate Committee on National Security and Defense (2016), found that over-classification was a common issue and that the current classification system needed reform. The study recommended developing clear guidelines, regular review processes, and improved training for government employees to reduce the prevalence of over-classification. These studies suggest that the issue of over-classification is a widespread problem in developed countries and that there are common challenges and barriers to addressing the problem. A comprehensive approach that considers these challenges and barriers is needed to streamline and fix the over-classification of government documents.

Analysis And Findings

Over-classifying government documents has been a longstanding issue with significant consequences for national security and civil liberties. While the classification of sensitive information is necessary to protect national interests, excessive classification has led to the mishandling and abuse of classified information. This essay will critically analyze the effects of the over-classification of government documents, including its impact on national security, civil liberties, and government transparency.

Impact on National Security:

Over-classification of government documents can have negative consequences for national security. When information is excessively classified, it can impede information sharing between government agencies, leading to a lack of coordination and communication. This lack of coordination can ultimately harm national security by making it more difficult for agencies to work together to prevent threats and respond to emergencies.

Moreover, over-classification can lead to the devaluation of classified information. If too many documents are classified, it may diminish the information’s significance. This practice can result in important information being overlooked or ignored when it is shared, undermining the effectiveness of the classification system as a whole.

Impact on Civil Liberties:

Excessive classification of government documents can also have negative consequences for civil liberties. When too much information is classified, it becomes more difficult for citizens to hold their government accountable for its actions. This lack of transparency can lead to abuses of power and violations of civil liberties. Furthermore, over-classification can be used to conceal government actions that are controversial or illegal. For example, the government may classify documents related to surveillance programs, denying citizens the opportunity to challenge these programs in court. This issue can lead to a culture of secrecy and distrust between the government and the public.

Impact on Government Transparency:

Over-classification of government documents can also have negative consequences for government transparency. When too many records are classified, it becomes more difficult for citizens to access information about their government’s actions. This lack of transparency can undermine the legitimacy of government actions and erode public trust. Additionally, more than classification can lead to unnecessary and wasteful spending. When too many documents are classified, managing and securing them requires more resources. This approach can divert resources from crucial national security priorities and create unnecessary bureaucracy.

Also, one of the primary research findings on this topic is that over-classification can lead to a culture of secrecy within government agencies. This practice can result in officials being less inclined to share information among agencies and the public, hindering decision-making and leading to poor outcomes. For example, in the aftermath of the 9/11 attacks, it was found that the FBI had a culture of over-classification, which prevented the sharing of critical intelligence information that could have averted the attacks.

Another finding is that over-classification can lead to abuse of power. For example, when officials have access to classified information that is not readily available to the public, they may be more likely to use that information to further their interests or the interests of their agency rather than the interests of the people. This practice can result in corruption and other forms of abuse, which can undermine trust in government institutions. Moreover, over-classification can have a chilling effect on free speech and press freedom. Journalists and whistleblowers may be less likely to report important issues if they fear legal repercussions or retaliation. This can result in the government’s need for more transparency and accountability, as the public is denied access to vital information.

In addition, evidence suggests that over-classification can be costly and inefficient. Classifying, storing, and managing classified information requires significant resources, which could be better spent on other priorities. Furthermore, over-classification can result in an excessive number of classified documents, making it difficult for officials to find the information they need, leading to inefficiencies and delays.

To address these concerns, various reforms have been proposed. For example, some have called for greater transparency in the classification process, including more clearly defined criteria for what constitutes classified information and more oversight to ensure that documents are not over-classified. Others have suggested that officials receive more training on the proper use of classification and declassification and that legal protections be put in place for whistleblowers who expose abuses of power or over-classification.

In a nutshell, the over-classification of government documents can significantly impact national security, civil liberties, and government transparency. While some level of classification is necessary to protect sensitive information, excessive classification can lead to the mishandling and abuse of classified information. Thus, governments must balance protecting national security and maintaining transparency and accountability to their citizens.

Furthermore, it can create a culture of secrecy within government agencies, lead to corruption and abuse of power, stifle free speech and press freedom, and be costly and inefficient. Several reforms have been proposed to mitigate these problems, including greater transparency and oversight, more training for officials, and legal protections for whistleblowers. By implementing these reforms, we can strike a balance between protecting sensitive information and promoting transparency and accountability in government.

Final Thought

Over-classifying government documents can have significant negative consequences, hindering the free flow of information, impeding transparency, and making it more difficult to hold government officials accountable. At the same time, it is essential to protect and secure sensitive information to safeguard national security and protect the privacy of individuals. To strike the right balance, governments worldwide have taken a multifaceted approach to address over-classification. This has included legislative measures, internal reviews, and the development of new policies and procedures for classifying and declassifying information. These efforts have aimed to streamline the process, improve the management of classified information, and reduce over-classification.

It is imperative to learn from our mistakes and ensure that classified information is handled responsibly and accountable. This includes ensuring that only information that indeed requires protection is classified and that classified information is reviewed and declassified in a timely and transparent manner. It also means ensuring that those handling classified information are adequately trained and held accountable for mishandling. In brief, finding the right balance between protecting sensitive information and promoting transparency and accountability is a continuous process that requires ongoing review and improvement. Therefore, governments must remain vigilant in managing classified information responsibly while ensuring that the public’s right to know is respected and protected.

Lastly, the National Archives is the final resting place for the White House classified records. Thus, transferring classified materials from the Executive Branch to the National Archives is critical to national security by establishing a complete system and security measures for incrementally transferring these materials during the administration’s tenure. Accordingly, the Executive Branch must safeguard and secure the complete transfer of all classified documents before vacating the White House. 

References

Aftergood, S. (2016). Reducing Government Secrecy: Finding What Works. Social Research: An International Quarterly, 83(1), 9-26. https://www.jstor.org/stable/24893124

Archibald, S. (December 1993). “The Early Years of the Freedom of Information Act. 1955 to 1974”. P.S.: Political Science and Politics. 26 (4): 726–731. doi:10.2307/419539. JSTOR 419539. S2CID 154748759. 

Australian Government. (2018). Protective Security Policy Framework. Retrieved on February 16, 2023, from https://www.protectivesecurity.gov.au/Pages/default.aspx

Bloom, B. H. (1987). A comparison of current classification systems. In B. H. Bloom (Ed.), The classification of educational goals (pp. 191–205). New York: Longman.

Edgar, E. & Schmidt, B. (1973). “The Espionage Statutes and the Publication of Defense Information,” Columbia Law Review. v. 73. no. 5, May 1973, 950–951.

Fitzgerald, J., Murphy, P., & Bugg, D. (2010). The cost of overclassification to the Australian government. https://www.aspi.org.au/report/cost-overclassification-australian- government

Goodman, S. W. (2018). Making Intelligence Analysis More Intelligent: Using Open Source Information to Reduce Intelligence Uncertainty and Improve Warning. International Journal of Intelligence and Counter Intelligence, 31(4), 605–630. https://www.tandfonline.com/doi/abs/10.1080/08850607.2018.1466653

Government of Canada. (2016). Classified Information Management Office. Retrieved on February 16, 2023, from https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=30884

McDougal, M. & Lans, A. (1945). Treaties and Congressional-Executive or Presidential Agreements: Interchangeable Instruments of National Policy, (pts. 1–2), 54 YALE L. J. 181, 534 National Declassification Center. (2012). Transforming the Security Classification System: Report to the President. https://www.archives.gov/files/declassification-review/transforming-classification- 2012.pdf 

National Security Archive. (2016). Is secret history still secret? Thirty‐Five years of publishing the Pentagon Papers. Retrieved on February 16, 2023, from https://nsarchive2.gwu.edu/NSAEBB/NSAEBB611-35-Years-Pentagon-Papers- Report.pdf 

National Security Archive. (2012). Reducing Government Secrecy: Finding What Works. Retrieved on February 16, 2023, from https://nsarchive.gwu.edu/sites/default/files/nsa/foia/2012/2012-06-20/2012-06- 20_Reduced_Government_Secrecy-Finding_What_Works.pdf

Obama, B. (December 29, 2009). “Executive Order 13526- Classified National Security Information”. whitehouse.gov. Archived from the original on January 26, 2017. Retrieved February 15, 2023 – via National Archives.

Standing Senate Committee on National Security and Defence. (2016). Improving Canada’s National Security Classification System. Retrieved on February 17, 2023, from https://sencanada.ca/content/sen/committee/421/SECD/reports/SECDReport_Classificati on_EN.pdf

The United States Government Accountability Office (G.A.O.) published a report in May 2020 on the challenges related to managing classified information. The report is titled “Managing and Overseeing Classified Information across the Federal Government,” https://www.archives.gov/isoo/reports/2019-annual-report

U.K. Government. (2014). Security Policy Framework. Retrieved on February 16, 2023, from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment data/file/61936/Security_Policy_Framework.pdf

U.S. Department of Defense, Report of the Defense Science Task Board on Secrecy, F. Seitz, Chmn., Office of the Director of Defense Research and Engineering, July 1, 1970, pp. 10- 11.

United States v. Washington Post, No. 71 Civ. 1235 (D.D.C. June 21, 1971); United States V. New York Times, No. 71 Civ. 2662 (S.D.N.Y. June 18, 1971).

Dr. Mustapha Kulungu

Dr. Mustapha Kulungu is the Principal Researcher at the ILM Foundation Institute of Los Angeles, California. He graduated from Fielding Graduate University, Santa Barbara, California.

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