National Security Law Today

Over-Classification: How Bad Is It, What's The Fix?


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On May 11, the Standing Committee on Law and National Security co-sponsored a bipartisan luncheon titled “Over-classification: How Bad Is It, What’s the Fix?” in person at U.S. Capitol Visitors Center cosponsored by the Nonproliferation Policy Education Center. Opening Remarks were given by Harvey Rishikof, Counselor, American Bar Association Standing Committee on Law and National Security, and Henry Sokolski, Executive Director, Nonproliferation Policy Education Center. Speakers included Senator Mark Warner, Chairman U.S. Senate Select Committee on Intelligence, Senator Mike Rounds, member U.S. Senate Select Committee on Intelligence, and Benjamin A. Powell, member Public Interest Declassification Board. The event examined how well the current classification and declassification system works and how best to reduce the volume and level of classified documents to help prevent future top-secret leaks. The program also featured a discussion of the bipartisan legislation introduced to reform the security classification system, “in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence and enhance public trust.”
Senator Mark Warner is the Chairman of the U.S. Senate Select Committee on Intelligence:
https://www.warner.senate.gov/public/
Senator Mike Rounds is a Member of the U.S. Senate Select Committee on Intelligence:
https://www.rounds.senate.gov
Benjamin A. Powell is a Member of the Public Interest Declassification Board:
https://drive.google.com/file/d/1GL6Whli5OsZR4iKgQ5LLgWjENW4EZiP7/view?usp=share_link
The event was moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:
https://www.arlis.umd.edu/about-arlis/our-people/harvey-rishikof-jd
References:
To watch the full program recording, visit The ABA Standing Committee on Law and National Security webpage:
https://www.americanbar.org/groups/law_national_security/
Sokolski, Henry. “Over-Classification: How Bad Is It, What’s the Fix?” NPEC, Mar. 2023, npolicy.org/wp-content/uploads/2023/03/2303-Full-Classification-Report.pdf.
FY 23, Congressional Reporting Requirement Referencing the NGA Model:
https://docs.google.com/document/d/1aEWsAgdO21qbKuIuh4g3qUqGaJvY7gvo9qvEarNOQrk/edit?usp=sharing
“Senators Introduce Bipartisan Legislation to Reform the Security Classification System.” Mark R. Warner, 10 May 2023, https://www.warner.senate.gov/public/index.cfm/2023/5/senators-introduce-bipartisan-legislation-to-reform-the-security-classification-system.
Senators Introduce Bipartisan Legislation to Reform the Security Classification System – Handout:
https://www.warner.senate.gov/public/_cache/files/6/0/60108bde-a49e-4eef-a676-02953097b1a7/6AA8FE9B9A8F171B3F920D7B83128DC0.security-clearance-one-pager.pdf
The Classification Reform Act of 2023:
https://www.warner.senate.gov/public/_cache/files/2/7/2748fc47-4999-4578-ba61-20b88c99e7b4/EF76391931E3038C2DF838DF398F7FBB.bag23456.pdf
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