On August 22 (“Some New Wrinkles in Nuclear Weapons Secrecy”), Secrecy News mistakenly wrote that the SILEX uranium enrichment process is “a unique case in which information that was privately generated was nevertheless classified by the government. As far as could be determined, the decision to classify this non-governmental information under the Atomic Energy Act is the first and only time that such authority has been exercised.” That was inaccurate.
Dr. Andrew Weston-Dawkes, the director of the Department of Energy Office of Classification, said that offhand he was aware of at least one other such case of classification of privately-generated information. It involved “an AVLIS-like technology,” he said, referring to “atomic vapor laser isotope separation.”
Bryan Siebert, the former director of the DOE Office of Classification, said his recollection was that some of the laser fusion technology developed by the private company KMS Fusion in the early 1970s was also considered to be classified, “a long time before SILEX.” An account of the KMS Fusion case — which, he said, is “inaccurate in many ways” — is available from Wikipedia here.
Beyond that, said Dr. Weston-Dawkes, “there’s a long history of us going out to people [in the private sector] saying ‘you’re doing stuff’ [that needs to be reviewed for classification].”
He pointed to a 1972 public notice (pdf) issued by the Atomic Energy Commission. It instructed “any person” working on isotope separation techniques to notify the Commission whenever a separation process has been demonstrated “so the Commission can give him appropriate classification and reporting guidance.”
There are many other instances in which individual authors have tangled with Department of Energy classification officials concerning the publication of information that DOE believed to be classified, such as Howard Morland’s article on the H-Bomb that was the subject of The Progressive case in 1979. But those disputes involved previously generated and previously classified information, not qualitatively new inventions or developments.
At a time when universities are already facing intense pressure to re-envision their role in the S&T ecosystem, we encourage NSF to ensure that the ambitious research acceleration remains compatible with their expertise.
FAS CEO Daniel Correa recently spoke with Adam Marblestone and Sam Rodriques, former FAS fellows who developed the idea for FROs and advocated for their use in a 2020 policy memo.
In a year when management issues like human capital, IT modernization, and improper payments have received greater attention from the public, examining this PMA tells us a lot about where the Administration’s policy is going to be focused through its last three years.
Congress must enact a Digital Public Infrastructure Act, a recognition that the government’s most fundamental responsibility in the digital era is to provide a solid, trustworthy foundation upon which people, businesses, and communities can build.