Posted on Dec.11, 2019 in Declassification, Dept of Defense by Steven Aftergood

Pentagon Must Produce Plan for Declassification

The Department of Defense must explain by early next year how it is going to meet its obligations to declassify a growing backlog of classified records, Congress said this week.

A provision (sect. 1759) in the new House-Senate conference version of the FY2020 national defense authorization act requires the Pentagon to prepare a report including:

* a plan to achieve legally mandated historical declassification requirements and reduce backlogs;

* a plan to incorporate new technologies, such as artificial intelligence, that would increase productivity and reduce the cost of implementing such a plan;

* a detailed assessment of the declassified documents released in the past three years along with an estimate of how many will be released in the next three years;

* other policy and resource options for reducing backlogs of classified documents awaiting declassification.

While the new legislative language is a welcome acknowledgment of a persistent problem, it does not by itself significantly advance a solution. In particular, the legislation does not authorize any new funds for declassification or for development of new declassification technologies, which are not yet mature. Nor does it define an alternative in the event that DoD proves unable to meet its declassification obligations.

In a prior draft adopted by the House of Representatives, the CIA and the State Department would also have been required to prepare similar reports. But those requirements were dropped in the final bill.

“The U.S. government’s system for declassifying and processing historical records has reached a state of crisis,” wrote William Burr of the National Security Archive lately. See “Trapped in the Archives,” Foreign Affairs, November 29, 2019.

Posted on Oct.24, 2019 in Declassification by Steven Aftergood

Wyden Bill Requires Declassification, No Exceptions

A bill introduced by Senator Ron Wyden would require the FBI and the Director of National Intelligence to declassify “any and all information” regarding actions by the government of Saudi Arabia to assist Saudi nationals who are accused of crimes in the United States to flee the country.

As Senator Wyden explained last week, the bill was prompted by multiple cases — 19 over the past 7 years, according to The Oregonian newspaper — in which Saudi nationals who were awaiting trial on charges such as manslaughter and sexual assault were able to flee the U.S. and escape trial.

The bill is categorical in its requirements. It does not “ask” for declassification. It does not call for “declassification review” or allow for any exercise of discretion. It does not mention any possible exceptions to declassification for intelligence sources and methods, foreign government information, or other national security-related material. None of that.

Instead, it quite simply states: the FBI and the DNI “shall declassify any and all information” related to the possible role of the Saudi government in this matter.

The bill, known as the Saudi Fugitive Declassification Act (S. 2635), was passed by the full Senate on October 17 and now awaits consideration by the House Judiciary Committee.

Posted on Aug.21, 2019 in classification, Declassification by Steven Aftergood

Modernization of Secrecy System is Stalled

Today’s national security classification system “relies on antiquated policies from another era that undercut its effectiveness today,” the Information Security Oversight Office told the President in a report released yesterday.

Modernizing the system is a “government-wide imperative,” the new ISOO annual report said.

But that is a familiar refrain by now. It is much the same message that was delivered with notable urgency by ISOO in last year’s annual report which found that the secrecy system is “hamstrung by old practices and outdated technology.”

The precise nature of the modernization that is needed is a subject of some disagreement. Is it a matter of improving efficiency in order to cope with expanding digital information flows? Or have the role of secrecy and the proper scope of classification changed in a fundamental way?

Whatever the goal, no identifiable progress has been made over the past year in overcoming those obsolete practices, and no new investment has been made in a technology strategy to help modernize national security information policy. In fact, ISOO’s own budget for secrecy oversight has been reduced.

Even agencies that are making use of advanced technologies such as artificial intelligence, machine learning, and predictive analytics in other areas have not considered their application to classification or declassification, ISOO said. “These technologies remain untapped in this area.”

At some point, the failure to update secrecy policy becomes a choice to let the secrecy system fail.

“We’re ringing the alarm bells as loud as we can,” said ISOO director Mark A. Bradley.

Posted on May.29, 2019 in Declassification, Intelligence by Steven Aftergood

Trump Demotes DNI to Empower AG Barr

President Trump issued a memorandum last week that transfers to the Attorney General the authority of the Director of National Intelligence to declassify intelligence information concerning the 2016 election.

The memorandum effectively amends Executive Order 13526 on classification on national security information, but in a highly customized way: It applies only to Attorney General William Barr (not any successors) and only to the investigation of the 2016 presidential campaigns. The memorandum was published in the Federal Register today.

Even so, the move represents a functional demotion of the Director of National Intelligence and a partial transfer of his authority to the Attorney General.

Executive Order 13526 gave sweeping authority over declassification of intelligence information to the DNI, who was authorized to “declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.” (sect. 3.1c)

The new presidential memorandum adopts the same language but modifies the provision to state that it is Attorney General Barr who may now “declassify, downgrade, or direct the declassification or downgrading of information or intelligence that relates to the Attorney General’s review.”

No rationale for the change was provided, though it was understood to support the Attorney General’s investigation into what he called U.S. government “spying” on the Trump campaign.

Senator Mark Warner (D-VA) warned that the move threatened to politicize intelligence. “Selectively declassifying sources and methods in order to serve a political agenda will make it harder for the intelligence community to do their jobs protecting this country from those who wish to do us harm,” he said.

For his part, DNI Dan Coats said that “I am confident that the Attorney General will work with the IC in accordance with the long-established standards to protect highly-sensitive classified information that, if publicly released, would put our national security at risk.”

* * *

There is some precedent for overriding the judgment of the DNI concerning the protection of sources and methods.

A 1999 decision of the Justice Department Office of Legal Counsel concluded that the presidentially-established Interagency Security Classification Appeals Panel could declassify intelligence information over the objections of the Director of Central Intelligence.

While it is true that the DCI, and now the DNI, is obliged by the National Security Act to protect intelligence sources and methods from unauthorized disclosure, the Director’s authority in this area is not absolute or exclusive.

Specifically, “If the President concludes that information concerning intelligence sources and methods should not be classified, the disclosure of such information simply is not ‘unauthorized’ within the meaning of the [National Security Act],” wrote Randolph D. Moss of the Office of Legal Counsel in his 1999 opinion.

Still, this OLC conclusion may not be correct (said a non-lawyer) because “declassification” is not the same as “disclosure.” Even intelligence information that is declassified or unclassified may still be, and often is, protected from public disclosure by the DNI under the provisions of the National Security Act.

The new presidential memorandum does not address the question of disclosure at all.

Posted on Apr.17, 2019 in Declassification, Dept of Defense by Steven Aftergood

Pentagon Blocks Declassification of 2018 Nuclear Stockpile

For the first time in years, the Department of Defense has denied a request to declassify the current size of the U.S. nuclear weapons stockpile.

“After careful consideration. . . it was determined that the requested information cannot be declassified at this time,” wrote Andrew P. Weston-Dawkes of the Department of Energy in a letter conveying the DoD decision not to disclose the number of warheads in the U.S. arsenal at the end of Fiscal Year 2018 or the number that had been dismantled.

The Federation of American Scientists had sought declassification of the latest stockpile figures in an October 1, 2018 petition. It is this request that was denied.

Because the current size of the U.S. nuclear stockpile constitutes so-called “Formerly Restricted Data,” which is a classification category under the Atomic Energy Act, its declassification requires the concurrence of both the Department of Energy and the Department of Defense. In this case, DOE did not object to declassification but DOD did.

* * *

The size of the current stockpile was first declassified in 2010. It was one of a number of breakthroughs in open government that were achieved in the Obama Administration. (Until that time, only the size of the historic stockpile through 1961 had been officially disclosed, which was done in 1993.)

“Increasing the transparency of our nuclear weapons stockpile, and our dismantlement, as well, is important to both our nonproliferation efforts and to the efforts we have under way to pursue arms control that will follow the new START treaty,” said a Pentagon official at a May 2010 press briefing on the decision to release the information.

In truth, the size of the U.S. nuclear stockpile was not such a big secret even when it was classified. Before the 2009 total of 5,113 warheads was declassified in 2010, Hans Kristensen and Robert Norris of FAS had estimated it at 5,200 warheads. Likewise, while the 2013 total turned out to be 4,804 warheads, their prior open source estimate was not too far off at 4,650 warheads.

But even if it is partly a formality, classifying stockpile information means that officials cannot publicly discuss it or be effectively questioned in public about it.

* * *

But why now? Why is the Pentagon reverting to the pre-Obama practice of keeping the total stockpile number and the number of dismantled weapons classified? Why could the FY 2017 total (3,822 warheads) be disclosed, while the FY 2018 total cannot?

No reason was provided in the latest denial letter, and none of the decision makers was available to explain the rationale behind it.

But another official said the problem was that one of the main purposes of the move to declassify the stockpile total — namely, to set an example of disclosure that other countries would follow — had not been reciprocated as hoped.

“Stockpile declassification has not led to greater openness by Russia,” the official said.

“Anyway, it’s not a bilateral world anymore,” he said. And so DoD would also be looking for greater transparency from China than has been realized up to now.

Have new U.S. nuclear weapons programs played a role in incentivizing greater secrecy? “I doubt it,” this official said. “If anything, it’s the reverse. The US government has a motive to make it clear where it’s headed.”

* * *

“I think we should have more communication with Russia,” said U.S. Army Gen. Curtis Scaparrotti, the retiring Supreme Allied Commander Europe. “It would ensure that we understand each other and why we are doing what we’re doing.”

But for now, that’s not the direction in which things are moving, and not only with respect to stockpile secrecy. See “US-Russia chill stirs worry about stumbling into conflict” by Robert Burns, Associated Press, April 14.

Posted on Apr.03, 2019 in Declassification, History, Intelligence by Steven Aftergood

Declassified U2 Photos Open a New Window into the Past

Updated below

Archaeologists are using declassified imagery captured by U2 spy planes in the 1950s to locate and study sites of historical interest that have since been obscured or destroyed.

This work extends previous efforts to apply CORONA spy satellite imagery, declassified in the 1990s, to geographical, environmental and historical research. But the U2 imagery is older and often of higher resolution, providing an even further look back.

“U2 photographs allowed us to present a more complete picture of the archaeological landscape than would have otherwise been possible,” wrote archaeologists Emily Hammer and Jason Ur in a new paper. See Near Eastern Landscapes and Declassified U2 Aerial Imagery, Advances in Archaeological Practice, published online March 12, 2019.

The exploitation of U2 imagery required some ingenuity and entrepreneurship on the authors’ part, especially since the declassified images are not very user-friendly.

“Logistical and technical barriers have for more than a decade prevented the use of U2 photography by archaeologists,” they noted. “The declassification included no spatial index or finding aid for the planes’ flight paths or areas of photographic coverage. The declassified imagery is not available for purchase or download; interested researchers must photograph the original negatives at the NARA II facility in College Park, Maryland.”

Since no finding aids existed, the authors created them themselves. Their paper also contains links to web maps to help other researchers locate relevant film cans and order them for viewing in College Park.

“These [U2] photographs are a phenomenal historical resource,” said Professor Ur. “Have a look at Aleppo in 1959 and Mosul in 1958. These places are now destroyed.”

Update: Related work involving declassified aerial imagery in the UK was described in “Use of archival aerial photographs for archaeological research in the Arabian Gulf” by Richard N. Fletcher et al, Proceedings of the Seminar for Arabian Studies 48 (2018): 75–82:

Summary

Posted on Dec.17, 2018 in accountability, Censorship, Declassification, Intelligence, Israel, Nuclear Weapons, Satellite, Secrecy, South Korea by Matt Korda

Israel’s Official Map Replaces Military Bases with Fake Farms and Deserts

Somewhat unexpectedly, a blog post that I wrote last week caught fire internationally. On Monday, I reported that Yandex Maps—Russia’s equivalent to Google Maps—had inadvertently revealed over 300 military and political facilities in Turkey and Israel by attempting to blur them out.

In a strange turn of events, the fallout from that story has actually produced a whole new one.

After the story blew up, Yandex pointed out that its efforts to obscure these sites are consistent with its requirement to comply with local regulations. Yandex’s statement also notes that “our mapping product in Israel conforms to the national public map published by the government of Israel as it pertains to the blurring of military assets and locations.”

The “national public map” to which Yandex refers is the official online map of Israel which is maintained by the Israeli Mapping Centre (מרכז למיפוי ישראל) within the Israeli government. Since Yandex claims to take its cue from this map, I wondered whether that meant that the Israeli government was also selectively obscuring sites on its national map.

I wasn’t wrong. In fact, the Israeli government goes well beyond just blurring things out. They’re actually deleting entire facilities from the map—and quite messily, at that. Usually, these sites are replaced with patches of fake farmland or desert, but sometimes they’re simply painted over with white or black splotches.

Some of the more obvious examples of Israeli censorship include nuclear facilities:

Tel-Nof Air Base is just down the road from a suspected missile storage site, both of which have been painted over with identical patches of farmland.

Palmachim Air Base doubles as a test launch site for Jericho missiles and is collocated with the Soreq Nuclear Research Center, which is rumoured to be responsible for nuclear weapons research and design. The entire area has been replaced with a fake desert.

The Haifa Naval Base includes pens for submarines that are rumoured to be nuclear-capable, and is entirely blacked out on the official map.

The Negev Nuclear Research Center at Dimona is responsible for plutonium and tritium production for Israel’s nuclear weapons program, and has been entirely whited out on the official map.

Hatzerim Air Base has no known connection to Israel’s nuclear weapons program; however, the sloppy method that was used to mask its existence (by basically just copy-pasting a highly-distinctive and differently-coloured patch of desert to an area only five kilometres away) was too good to leave out.

Given that all of these locations are easily visible through Google Earth and other mapping platforms, Israel’s official map is a prime example of needless censorship. But Israel isn’t the only one guilty of silly secrecy: South Korea’s Naver Maps regularly paints over sensitive sites with fake mountains or digital trees, and in a particularly egregious case, the Belgian Ministry of Defense is actually suing Google for not complying with its requests to blur out its military facilities.

Before the proliferation of high-resolution satellite imagery, obscuring aerial photos of military facilities was certainly an effective method for states to safeguard their sensitive data. However, now that anyone with an internet connection can freely access these images, it simply makes no sense to persist with these unnecessary censorship practices–especially since these methods can often backfire and draw attention to the exact sites that they’re supposed to be hiding.

Case studies like Yandex and Strava—in which the locations of secret military facilities were revealed through the publication of fitness heat-maps—should prompt governments to recognize that their data is becoming increasingly accessible through open-source methods. Correspondingly, they should take the relevant steps to secure information that is absolutely critical to national security, and be much more publicly transparent with information that is not—hopefully doing away with needless censorship in the process.

Posted on Oct.26, 2018 in Declassification by Steven Aftergood

Nuclear Stockpile Declassification Sought

The Federation of American Scientists asked the Department of Energy and the Department of Defense to declassify and disclose the current size of the U.S. nuclear stockpile, as they have done in past years.

The number of nuclear weapons presently in the U.S. arsenal is deemed “Formerly Restricted Data” (FRD) that is classified under the Atomic Energy Act. Unlike information that is classified by executive order, there is no provision for automatic declassification of such information. Furthermore, information that is classified as FRD requires the concurrence of both the Department of Energy and the Department of Defense in order to be declassified.

But there is a provision of DOE regulations that enables anyone to request the declassification of specific FRD. And so we (once again) invoked that provision to request declassification of the stockpile size.

“We have formally sent this [request] over to the DoD for their consideration,” said Dr. Andrew Weston-Dawkes, director of the DOE Office of Classification, to whom the request was directed.

Posted on Oct.18, 2018 in Declassification, Dept of Energy, FOIA by Steven Aftergood

DOE Declassifies Declassification of Downblending Move

Last year, the Department of Energy decided to declassify the fact it intended to make 25 metric tons of Highly Enriched Uranium available from “the national security inventory” for downblending into Low Enriched Uranium for use in the production of tritium.

However, the decision to declassify that information was classified Secret.

This year, the Department of Energy decided to declassify the declassification decision, and it was disclosed last week under the Freedom of Information Act.

While the contortions in classification policy are hard to understand, the underlying move to downblend more HEU for tritium production probably makes sense. Among other things, it “delays the urgency — but doesn’t eliminate the eventual need — to build a new domestic enrichment capacity,” said Alan J. Kuperman of the University of Texas at Austin.

There were 160 MT of US HEU downblended by the end of FY 2018, according to the FY 2019 DOE budget request (volume 1, at page 474), and a total of 162 MT was anticipated by the end of FY 2019, as noted recently by the International Panel on Fissile Materials.

“The overall amount of HEU available for down-blending and the rate at which it will be down-blended is dependent upon decisions regarding the U.S. nuclear weapons stockpile, the pace of warhead dismantlement and receipt of HEU from research reactors, as well as other considerations, such as decisions on processing of additional HEU through H-Canyon, disposition paths for weapons containing HEU, etc,” according to the DOE budget request.

Posted on Aug.15, 2018 in Declassification, History by Steven Aftergood

Historical Advisory Committee Reports Setbacks in 2017

The substantial progress that was achieved in recent years in producing the State Department’s official Foreign Relations of the United States (FRUS) series was reversed in several respects last year, according to a new annual report from the Department’s Historical Advisory Committee.

The FRUS series is required by statute to publish a “thorough, accurate, and reliable” documentary record of United States foreign relations no later than 30 years after the events that they document.

To a large extent, FRUS is dependent on — and also helps to motivate — declassification of national security and foreign policy records. Such declassification in turn depends on the cooperation of other agencies who are called upon to review selected documents.

But “The pace of the reviews of FRUS volumes submitted to the Central Intelligence Agency (CIA) and Department of Defense (DoD) and the declassification of documents was disappointing” in 2017, the new annual report said.

The Department of Defense “was unconscionably tardy and inattentive. It completed only one out of eleven volumes submitted for review throughout the entire year.”

Because most of the historically significant documents provided to DoD were not reviewed and cleared for release in any form, the FRUS volumes that were planned to contain them cannot be published any time soon.

Likewise, “Although in 2017 CIA did not behave nearly as irresponsibly as DoD, it performed below the expectations produced over the several preceding years.”

On the other hand, the Committee found reason to praise the State Department, the National Archives, and the National Security Council. Another bright spot in 2017 was the publication of the long-delayed FRUS supplement on events surrounding the 1953 coup in Iran.

The annual report concluded with several legislative proposals and policy recommendations that the Advisory Committee believes would promote an improved review and publication process.

But it is unclear whether the State Department itself will be receptive to any such improvements. The Department has not been overly friendly to its own History Office (HO), the Historical Advisory Committee (HAC) noted.

“The unexpected and unprecedented decision of the State Department’s leadership in December to reject HO’s request to renew three HAC members unsettled both the committee and the office,” the annual report said.