Even Officials In The Intelligence Community Are Recognizing The Dangers Of Over-Classification

from the apparently-we-can't-trust-the-people-that-have-granted-the-government-this-p dept

The federal government has a problem with secrecy. Well, actually it doesn't have a problem with secrecy, per se. That's often considered a feature, not a bug. But federal law says the government shouldn't have so much secrecy, what with the FOIA being in operation. And yet, the government feels compelled to keep secrets from its biggest employer: the US taxpayers.

Over-classification remains a problem. It has been a problem ever since long before a government contractor went rogue with a massive stash of NSA documents, showing that many of the government's secrets should have been shared or, at the very least, more widely discussed as the government turned 9/11 into a constitutional bypass on the information superhighway.

Since then, efforts have been made to dial back the government's proclivity for classifying documents that pose no threat to government operations and/or government security. In fact, the argument has been made (rather convincingly) that over-classification is counterproductive. It's more likely to result in the exposure of so-called secrets rather than secure the blanket-exemption-formality that keeps secrets from the general public.

Efforts have been made to counteract this overwhelming desire to keep the public locked out of discussions about government activities. These efforts have mostly failed. And that has mainly been due to vague and frequent invocations of national security concerns, which allow legislators and federal judges to shut off their brains and hammer the [REDACT] button repeatedly.

But ignoring the problem hasn't made the problem go away, no matter how many billions the federal government refuses to throw at the problem. Over-classification still stands between the public and information it should have access to. And it stands between federal agencies and efficient use of tax dollars. The federal government generates petabytes of data every month. And far too often, the agencies generating the data decide it's no one's business but their own.

It's not just legislators noting the widening gap between the government's massive stockpiles of data and the public's ability to access them. It's also those generating the most massive stashes of bits and bytes, as the Washington Post points out, using the words of an Intelligence Community official.

The U.S. government is drowning in its own secrets. Avril Haines, the director of national intelligence, recently wrote to Sens. Ron Wyden (D-Ore.) and Jerry Moran (R-Kan.) that “deficiencies in the current classification system undermine our national security, as well as critical democratic objectives, by impeding our ability to share information in a timely manner.” The same conclusions have been drawn by the senators and many others for a long time.

As this letter hints at, over-classification doesn't just affect the great unwashed whose power is generally considered to be far too limited to change things. It also affects agencies and the entities that oversee the agencies -- the latter of which are asked to engage in oversight while being locked out of the information they need to perform this task.

If there's any good news here, it's that the Intelligence Community recognizes it's part of the problem. But this is just one person in the IC. It's unlikely every official feels this way.

The government is working towards a solution, but its work is being performed at the speed of government -- something further hampered by the back-and-forth of periodic regime changes and their alternating ideas about how much transparency the government owes to its patrons.

The IC letter writer almost sees a silver lining in the nearly opaque cloud enveloping agencies involved in national security efforts.

So far, Ms. Haines said, current priorities and resources for fixing the classification systems “are simply not sufficient.” The National Security Council is working on a revised presidential executive order governing classified information, and we hope the White House will come up with an ambitious blueprint for modernization.

The silver lining is "so far," and the efforts being made elsewhere to change things. The rest of the non-lining is far less silver: the resources aren't sufficient and the National Security Council is grinding bureaucratic gears by working with the administration to change things. If it doesn't happen soon, changes will be at the discretion of the next administration. And the next administration may no longer feel streamlining declassification is a priority, putting projects that have been in the on-again, off-again works since Snowden's exposes on the back burner yet again.

Our government will never likely feel Americans can be trusted with information about the programs their tax dollars pay for. But perhaps a little more momentum -- this time propelled by something within the Intelligence Community -- will prompt some incremental changes that may eventually snowball into actual transparency and accountability.

Filed Under: avril haines, classification, foia, jerry moran, over classification, ron wyden, secrecy, transparency