One of the most successful innovations in the otherwise mostly stagnant domain of classification policy was the creation of the Interagency Security Classification Appeals Panel (ISCAP), an executive branch entity that was established by President Clinton’s 1995 executive order 12958.
For over a decade, the ISCAP has maintained an astonishing record of ordering the declassification of information in a majority of the documents that have been presented for its review. In each of those cases, the Panel effectively overruled the classification judgment of one of its own member agencies. There are policy lessons to be learned from this experience concerning the often poor quality of routine classification actions and the value of extending declassification authority beyond the originating agency.
Bill Burr of the National Security Archive recently prepared a thoughtful overview of the creation and the operation of the ISCAP, together with a compilation of several of the latest documents that it approved for release. See “The Secrecy Court of Last Resort: New Declassification Releases by the Interagency Security Classification Appeals Panel (ISCAP),” National Security Archive Electronic Briefing Book, June 5.
This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
FAS has partnered with ICLEI USA to launch the CRI Local Advisory Council.
We sat down with Dr. Max Moritz and Chief Rob Hazard to discuss how communities use time, money, and data to reduce the risk that wildfires pose.