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urgency by ISOO in last year’s annual report which found that the secrecy system is “hamstrung by old practices and outdated technology.”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.

Army Playing Cards Feature Iranian Weapons

In a not very subtle sign of the times, the U.S. Army has produced a deck of playing cards featuring weaponry used or held by Iran in order to familiarize soldiers with Iran’s inventory of weapons and presumably to facilitate their recognition on the battlefield.

The Iran collection follows similar decks of playing cards illustrated with Chinese and Russian weapons.

Another set of U.S. Army playing cards featuring North Korean weapons systems is forthcoming.

Kashmir, Autonomous Weapons, and More from CRS

Noteworthy new publications from the Congressional Research Service include the following.

Kashmir: Background, Recent Developments, and U.S. Policy, August 16, 2019

Global Trends in HIV/AIDS, CRS In Focus, updated August 15, 2019

Retroactive Legislation: A Primer for Congress, CRS In Focus, August 15, 2019

Words Taken Down: Calling Members to Order for Disorderly Language in the House, August 13, 2019

International Discussions Concerning Lethal Autonomous Weapon Systems, CRS In Focus, August 16, 2019

NARA Drives Govt Transition to All-Electronic Records

The National Archives and Records Administration (NARA) is embarking on an ambitious effort to phase out the acquisition of paper records by 2022 and to transition to all-electronic record keeping. The White House Office of Management and Budget has endorsed the initiative and has directed all federal agencies to adopt exclusively electronic formats for managing permanent records.

But the move is generating anxiety about the feasibility of the transition and about possible unintended negative consequences for public access to government records.

“The most significant part of [the new policy is the provision for NARA] to stop accepting paper records by December 31, 2022,” wrote David S. Ferriero, the Archivist of the United States, in a June 28 notice to NARA employees.

Accordingly, the Acting Director of OMB directed all agency heads to plan to operate all but exclusively in an all-electronic environment.

“By December 31, 2022, all permanent records in Federal agencies will be managed electronically to the fullest extent possible for eventual transfer and accessioning by NARA in an electronic format,” the June 28 OMB memo stated.

After 2022, agencies will be obliged to convert any remaining permanent analog records in their possession to digital formats for transfer to NARA.

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The new policy shows some signs of carelessness in its formulation. The paragraphs in the OMB memorandum are incorrectly numbered. The text includes reference to a “section 2.2” which does not exist. Meanwhile, several more substantial concerns have been raised by dissenting observers and employees.

“There are significant and crucial [paper] records that have not been, and will not be, transferred into the system by 2022,” said one records specialist who is critical of the new policy. These include some original Department of State SCI-level records dating back to the 1940s, as well as many classified original records from CIA, NRO, NSA, DoD/OSD, and FBI that have been withheld from the National Archives.

A NARA official countered that those records could and should be transferred to NARA by the 2022 deadline. But if they are not transferred, then agencies could seek an exception for those records, or else they would be obliged to digitize them.

Isn’t that an unfunded mandate that is likely to result in inferior digitized copies of valuable originals?

Not if agencies change their practices, NARA says. Agencies currently are spending hundreds of millions of dollars to store and service paper records. If the new policy is successfully implemented, those resources could be repurposed for digitization of remaining records and investment in electronic records management that meets archival standards. By all accounts new resources will be required to enable NARA to accommodate vast new collections of electronic records and to process them for public access.

Still, said a critic of the new policy, “It reflects a fundamental change in NARA’s mission from the identification and protection of the permanently valuable records to the protection of images of records; from protection of originals to protection of facsimiles.”

There are two deeply divided schools of thought on that point, NARA acknowledges. One view holds that a properly digitized copy is perfectly acceptable, while an opposing view considers that digitized copies are only valid for improving access while the original [paper] record is “the record.” The point becomes largely moot as new paper originals recede into the past in favor of electronic originals.

In any case, the imposition of a 2022 deadline for conversion to an all-electronic environment is “forcing a lot of useful conversations,” according to a NARA official who admits that some anxiety may not be out of place.

“This is going to be a colossal disaster for the records and those who depend on them,” an internal critic said.

No, it’s going to be a “soft disruption,” the NARA official said. Implementation of the policy will be flexible, the official said. “Nothing will be lost.”

“We’re in the process of shifting the entire government off of paper and to all electronic record-keeping,” Archivist Ferriero told the Washington City Paper last week. “We are playing a major role in helping the agencies get to that point.”

Domestic Terrorism: Some Considerations

The problem of domestic terrorism is distinct from that of foreign terrorism because of the constitutional protections enjoyed by U.S. persons, the Congressional Research Service explained last week.

“Constitutional principles — including federalism and the rights to free speech, free association, peaceable assembly, petition for the redress of grievances — may complicate the task of conferring domestic law enforcement with the tools of foreign intelligence gathering.” See Domestic Terrorism: Some Considerations, CRS Legal Sidebar, August 12, 2019.

Some other noteworthy new publications from the Congressional Research Service include the following.

Convergence of Cyberspace Operations and Electronic Warfare, CRS In Focus, August 13, 2019

Renewed Great Power Competition: Implications for Defense–Issues for Congress, updated August 5, 2019

U.S. Foreign Aid to Israel, updated August 7, 2019

U.S.-North Korea Relations, CRS In Focus, updated August 13, 2019 (which notes that “Pyongyang appears to be losing its ability to control information inflows from the outside world.”)

Russia’s Nuclear Weapons: Doctrine, Forces, and Modernization, August 5, 2019

Extreme Weather Threatens Military Facilities

Extreme weather events and rising sea levels are causing damage to U.S. military facilities and could threaten U.S. military infrastructure around the world.

“Is the military ready for climate change?,” asked Rep. John Garamendi (D-CA). “It is not.”

“In the last 12 months, severe storms have devastated Marine Corps Base Camp Lejeune, Marine Corps Air Station Cherry Point, Tyndall Air Force Base, and Offutt Air Force Base,” he said during the House debate on the FY2020 defense authorization bill on July 10.

The defense bill that was passed by the House therefore included several provisions to require the Department of Defense “to plan for and respond to the threat that climate change poses to military installations and military operations.”

Similar requirements to incorporate weather projections in defense facility planning were included in the Senate version of the pending defense authorization bill.

On a political plane, there are still ideologically-driven disparities in perception of the threat of climate change. But those disparate perceptions may soon be overtaken by the reality of climate-induced damage, including damage to defense infrastructure.

“The Department of Defense (DOD) manages more than 1,700 military installations in worldwide coastal areas that may be affected by sea-level rise,” the Congressional Research Service observed in a new brief. See Military Installations and Sea-Level Rise, CRS In Focus, July 26, 2019.

“Hurricane Michael damaged every building on Florida’s Tyndall Air Force Base (repair estimate $4.7 billion),” CRS noted. “Hurricane Florence dropped 36 inches of rain, flooding three North Carolina Marine Corps installations (repair estimate $3.6 billion).”

Failure to act will incur increased costs, the Government Accountability Office warned in June.

“Not assessing risks or using climate projections in installation planning may expose DOD facilities to greater-than-anticipated damage or degradation as a result of extreme weather or climate-related effects,” GAO said. See Climate Resilience: DOD Needs to Assess Risk and Provide Guidance on Use of Climate Projections in Installation Master Plans and Facilities Designs, GAO-19-453, June 12, 2019.

“The effects of a changing climate are a national security issue with potential impacts to Department of Defense missions, operational plans, and installations,” the Pentagon acknowledged in a January 2019 report to Congress (with a March supplement).

“Damage to communication, energy, and transportation infrastructure could affect low-lying military bases, inflict economic costs, and cause human displacement and loss of life,” warned outgoing Director of National Intelligence Dan Coats in January.

“Global environmental and ecological degradation, as well as climate change, are likely to fuel competition for resources, economic distress, and social discontent through 2019 and beyond,” he told Congress.

Up for Debate: Should U.S. Reduce Arms Sales Abroad?

Over the coming year, high school students around the country will debate whether the U.S. should reduce its arms sales to foreign countries.

Specifically, the national debate topic that was selected for the 2019-20 school year is: Resolved: The United States federal government should substantially reduce Direct Commercial Sales and/or Foreign Military Sales of arms from the United States.

As required by statute, the Congressional Research Service prepared a bibliography reflecting diverse points of view on U.S. arms sales to help inform student debaters on this topic.

“This selective bibliography, with brief annotations, is intended to assist debaters in identifying resources and references on the national debate topic,” the CRS document says. “It lists citations to journal articles, books, congressional publications, legal cases, and websites. The bibliography is divided into three broad sections: basic concepts and definitions, general overviews, and specific cases.”

The runner-up topic for this year’s national high school debate was: Resolved: The United States federal government should substantially change its nuclear weapons strategy.

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Other noteworthy new publications from the Congressional Research Service include the following.

The Department of Defense’s JEDI Cloud Program, updated August 2, 2019

Department of Defense Energy Management: Background and Issues for Congress, July 25, 2019

U.S.-Iran Tensions and Implications for U.S. Policy, updated July 29, 2019

3D Printing: Overview, Impacts, and the Federal Role, August 2, 2019

Resolutions to Censure the President: Procedure and History, updated August 1, 2019

Pentagon Pivots to More “Public Engagement”

Defense Secretary Mark T. Esper, who took office last week, has directed senior military and civilian defense officials to “more actively engage with the public,” according to a Pentagon memo issued on Friday.

“Simply put, the Department benefits when we thoughtfully engage with the American public, Congressional leaders, international community, and the media,” wrote Jonathan Rath Hoffman, the Assistant to the Secretary for Public Affairs.

But increased public and media engagement does not necessarily mean increased disclosure or improved access to information.

“Always seek the appropriate balance between transparency and operational security,” the July 26 memo stated. “As senior leaders you are closer to pertinent issues. Therefore, you are often best suited to make determinations on what should or should not be released within classification guidelines and have the responsibility to protect even unclassified non-public information.”

Still, the new memo represents a change in attitude from that expressed by the previous Secretary of Defense, Jim Mattis.

In an uncompromising October 2017 memo that was understood by Pentagon officials to discourage discretionary disclosures, SecDef Mattis wrote:

“We must be vigilant in executing our responsibility to prevent disclosure of any information not authorized for release outside of the Department of Defense: All hands must be alert to prevent unauthorized disclosure of non-public information for any reason, whether by implied acknowledgement or intentional release. Misconduct cannot be tolerated and suspected or confirmed disclosure must be reported at once.”

Following that direction from Secretary Mattis, many types of previously available defense-related information were in fact withdrawn from public and media access, such as the number of US troops in Afghanistan, Iraq and Syria, and the current size of the US nuclear arsenal.

Therefore, if Secretary Esper wanted to increase public disclosure of defense information, it wouldn’t be hard to do.

Earlier this month, DoD produced its updated report on the post-9/11 cost of warthrough March 31, 2019.

“Since September 11, 2001, the Department of Defense (DoD) has obligated $1,548.5 billion for war-related costs,” the report said, using DoD’s somewhat arbitrary metrics for cost reporting.

The unclassified cost report was provided to Congress, but it was not publicly released by DoD.

Use of US Armed Forces Abroad, 1798-2019

There are only nineteen years since 1798 when the U.S. did not have armed forces engaged in military operations abroad, according to an updated tally from the Congressional Research Service. See Instances of Use of United States Armed Forces Abroad, 1798-2019, updated July 17, 2019.

The most recent year in which U.S. military forces were not used in a foreign conflict was 1979, according to the CRS. The CRS account does not reflect covert action, disaster relief, or training activities involving U.S. forces abroad.

Though there have only been 11 formal declarations of war, there have been hundreds of military actions including “extended military engagements that might be considered undeclared wars.”

“These cases vary greatly in size of operation, legal authorization, and significance,” CRS said. “Some actions were of short duration, and some lasted a number of years. In some examples, a military officer acted without authorization; some actions were conducted solely under the President’s powers as Chief Executive or Commander in Chief; other instances were authorized by Congress in some fashion.”

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Other noteworthy new publications from the Congressional Research Service include the following.

Critical Infrastructure: Emerging Trends and Policy Considerations for Congress, July 8, 2019

DOD’s Cloud Strategy and the JEDI Cloud Procurement, CRS In Focus, updated July 16, 2019

U.S. Strategy for Engagement in Central America: An Overview, CRS In Focus, updated July 17, 2019

Immigration: Alternatives to Detention (ATD) Programs, July 8, 2019

Beneficial Ownership Transparency in Corporate Formation, Shell Companies, Real Estate, and Financial Transactions, July 8, 2019

Hypersonic Weapons: Background and Issues for Congress, July 11, 2019

PCLOB Releases Its Oversight Agenda

The Privacy and Civil Liberties Oversight Board is conducting oversight in nearly a dozen areas broadly related to intelligence and counterterrorism. The PCLOB oversight agenda was detailed in a statement this week.

“This document describes the Board’s active oversight projects and other engagements. . . .The shorthand descriptions below are intended to provide public transparency, consistent with the protection of classified information and other applicable law,” the July 1 statement said.

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Meanwhile, the Department of Defense issued a new directive outlining how it will obtain and make use of public information. See DoD Access to and Use of Publicly Available Information (PAI), DoD Directive 3115.18, June 11, 2019.

The directive said that DoD will collect public information in an open and transparent way — except when it is authorized to employ deception.

As a general matter, “DoD personnel will not use false assertions of identity or organizational affiliation for official purposes to access, acquire, or use PAI without complying with cover policies . . and other DoD guidance and issuances on the use of cover,” the directive said.

“Cover” is defined as “The concealment of true identity or organizational affiliation with assertions of false information as part of, or in support of, official duties to carry out authorized activities or lawful operations.”

DoD Doctrine on Nuclear Operations Published, Taken Offline

The Joint Chiefs of Staff briefly published and then removed from public access a new edition of their official doctrine on the use of nuclear weapons. But a public copy was preserved. See Joint Publication 3-72, Nuclear Operations, June 11, 2019.

The document presents an unclassified, mostly familiar overview of nuclear strategy, force structure, planning, targeting, command and control, and operations.

“Using nuclear weapons could create conditions for decisive results and the restoration of strategic stability,” according to one Strangelovian passage in the publication. “Specifically, the use of a nuclear weapon will fundamentally change the scope of a battle and create conditions that affect how commanders will prevail in conflict.”

The document might have gone unremarked, but after publishing it last week the Joint Chiefs deleted it from their public website. A notice there states that it (JP 3-72) is now only “available through JEL+” (the Joint Electronic Library), which is a restricted access site. A local copy remains publicly available on the FAS website.