William A. Cira Acting Executive Secretary, PIDB Acting Director Information Security Oversight Office National Archives and Records Administration April 15, 2016 Making Access Happen: The Public Interest Declassification Board and the Case for Technology and Prioritization in Declassification

Agenda I.Overview of the Information Security Oversight Office (ISOO) II.Open Government through Executive Order III.Public Interest Declassification Board (PIDB) IV.Transformation for Improved Access V.Modernizing Declassification with Technology Integration and Investment VI.Discussion 2

Created in 1978 under Executive Order Oversee the Executive Branch’s system for classifying, safeguarding, and declassifying classified information An organization within the National Archives – neutral agency Receive policy guidance from the National Security Advisor The responsibilities of ISOO include:  Establishing directives to implement the Order  Overseeing agency actions to ensure compliance with the Order and the Directive  Conducting On-Site Reviews of agencies  Reporting annually to the President on the implementation of the Order 3 Information Security Oversight Office

4 ISOO’s Mission and Vision

Improving Openness and Access by Executive Order ISOO is responsible for multiple Executive Orders, including E.O , “Classified National Security Information E.O establishes a uniform system and standards for classifying, safeguarding and declassifying information for the Executive branch  The predecessor Order was Executive Order 12958, Established in 1995 by President Clinton Aimed to reduce over-classification and increase declassification If there is significant doubt, do not classify If the level of classification is in doubt, classify at the lower level Set limits on duration of classification – 10 or 25 years Mechanisms for automatic declassification  In 2009, President Obama issued current Order, E.O No information may be classified indefinitely Established National Declassification Center Required declassification of existing backlog of documents  Declassification is a significant element of Open Government National Action Plans 5

Public Interest Declassification Board 6  ISOO also provides Executive Secretarial support to the PIDB  Advisory group created in 2000 to promote “the fullest possible public access to a thorough, accurate, and reliable documentary record of significant … national security decisions and … activities.”  Nine members: five appointed by the President and one each by the Speaker and Minority Leader of the House as well as the Majority and Minority Leaders of the Senate.  U.S. citizens who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives  Laura A. DeBonis, appointed by the President  William H. Leary (Acting Chair), appointed by the President  Sanford J. Ungar, appointed by the Minority Leader of the Senate  Kenneth L. Wainstein, appointed by the Majority Leader of the Senate  Solomon B. Watson, IV, appointed by the President  Director of ISOO serves as Executive Secretary of the PIDB.

Public Interest Declassification Board 7  Initial efforts focused on declassification and the Board issued Improving Declassification: A Report to the President in The report identified 15 issues and provided 49 recommendations to improve declassification. Several recommendations were later enacted in E.O  December 29, the President asked the Board to study the security classification system as a whole in an effort to develop recommendations on transforming the system into one that is better suited for the digital age  Responding to the President’s request for assistance on identifying potential solutions for classification and declassification challenges posed by digital media and producing a vision for a new system  Recognize the imperative in using and integrating technology into processes at agencies and the National Declassification Center

Transformation for Improved Access 8  November 27, the Board issued its Report to the President on Transforming the Security Classification System. The report provides 14 recommendations concerning classification, declassification and the use of technology to reform and modernize the system  Concluded changes necessary for classification system to function in the digital age  First recommendation was adopted by the White House: to stand-up a Steering Committee to evaluate proposals and then drive policy reform. This Classification Reform Committee (CRC) is at work at the National Security Council  Two other recommendations were adopted and included in the President’s Second National Action Plan for Open Government:  Piloting technological solutions for declassification  Reforming the treatment of obsolete no-longer sensitive nuclear information (known as Formerly Restricted Data)  The CRC continues its work in evaluating the PIDB’s recommendations

Prioritizing Records 9  December The Board issued a supplement to the 2012 reports called Setting Priorities: An Essential Step in Transforming Declassification  Provided six recommendations on the use of topic-based prioritization during classification review  Provides more detail on an earlier recommendation to target declassification on records of most interest to researchers and the public  Offers a blueprint on how to achieve this in a transparent and meaningful way  Underscores a shift from “quantity” to “quality” Prioritization of records will be one key way- but not the only way- to manage declassification as the sheer volume of records increases.

Information Management and Technology 10  Recognize that the exponential growth of classified digital information and records will require policy changes in information management (classification, declassification and records management)  The only hope of addressing the challenges this creates is by using technological solutions to automate review and release processes  An encouraging development has been the impressive results of pilot projects at the University of Texas sponsored by the CIA and the National Archives  Advanced content understanding and identification is able to improve both the productivity and quality of declassification review  Another encouraging sign is the work being done by the Classification Reform Committee  Focused high-level attention on these issues, as intended, and is now developing a government-wide strategy to drive technological change in classification and declassification

PIDB and the DPLA 11  PIDB is a group that influences Presidential-level policy decisions concerning access to records of the Federal government  PIDB established the Declassification Technology Working Group to gather agency technologists together to discuss declassification (an often overlooked business area)  Plans for a new Report to the President focused on technology  Recognize there is a paradigm shift occurring in government – trying to catch up  Records vs. Data  Value of Secrecy vs. Value of Openness/Transparency  Remain engaged!  Thursday, June 23, 2016, Public Meeting of the PIDB at the National Archives  View the PIDB’s blog, Transforming ClassificationTransforming Classification

Contact Information Contact Information 12 Public Interest Declassification Board Information Security Oversight Office National Archives and Records Administration 700 Pennsylvania Avenue, N.W., Room 100 Washington, DC (202) (202) (fax) Website: Blog:

13 Backup Slides

Classification  May consider classification only when information concerns: Military plans, weapons systems, or operations Foreign Government Information Intelligence activities, intelligence sources or methods, or cryptology Foreign relations or foreign activities of the United States Scientific, technological, or economic matters relating to the national security United States Government programs for safeguarding nuclear materials or facilities Vulnerabilities or capabilities of systems, installations, infrastructure, projects, plans, or protection services relating to the national security Development, production, or use of weapons of mass destruction  There are specific prohibitions to classification 14 Executive Order 13526, Section 1.4 Executive Order 13526, Section 1.7(a)

Declassification  Information is declassified as soon as it no longer meets the standard for classification under Executive Order  The four declassification programs are: –Automatic Declassification: removes the classification of information at the close of every calendar year when that information reaches 25 years old. –Systematic Declassification Review: required for classified records less than 25 years old and those exempted from automatic declassification. –Discretionary Declassification Review: agencies may declassify information when the public interest outweighs the need for continued classification. –Mandatory Declassification Review: provides for direct, specific review for declassification of information when requested. 15 Executive Order 13526, Sections 3.1, 3.3, 3.4, 3.5

Mandatory Declassification Review (MDR)  A way for the public to request that an agency review any classified record for declassification.  Similar to the provisions of the Freedom of Information Act (FOIA), with the following significant differences: –Requested records must be classified records –Requests for records must be specific –Declassification decisions may not be litigated in Federal court  Requesters may ultimately appeal decisions to the ISCAP.  In FY , the ISCAP received MDR appeals and decided upon records*.  Since 1996, the ISCAP declassified additional information in 7175% of the appealed records.  ISCAP staff posts declassified documents on a publicly available web site. 16 Executive Order 13526, Sections 3.5, 5.3

17  Exemptions from automatic declassification if you could expect the release to reveal information about: intelligence sources or methods development or use of weapons of mass destruction U.S. cryptologic systems or activities state of the art technology within a U.S. weapon system U.S. military war plans that remain in effect relations between the United States and a foreign government the current ability of the United States Government officials to protect the President and Vice President current national security emergency preparedness plans or current vulnerabilities of systems, installations, or projects relating to the national security; or the release of the information would violate a statute, treaty, or international agreement Exemptions from Declassification Executive Order 13526, Section 3.3

Total Number of Pages Reviewed and Declassified 18

Second Open Government National Action Plan 19  Initiative 4: Transform the Security Classification System  Create a White House-led Classification Reform Steering Committee  CRSC created by National Security Council  Members include senior leaders from national security agencies  Ad-Hoc members include Technologists, Historians, OMB, OSTP  Systematically Review and Declassify Historical Data on Nuclear Activities  CRSC designated DoD to create and lead a Working Group  Includes other agency stakeholders (State and Energy)  Tasked with designing a systematic review process  Pilot Technological Tools to Analyze Classified Presidential Records  CRSC tasked CIA to assist the National Archives  Reagan administration records  Focused on equity identification

Third Open Government National Action Plan 20  Initiative 3: Streamline the Declassification Process Develop a Plan to Implement Technological Tools to Help Automate Declassification Review Pilot the Use of a Topic-Based Interagency Declassification Guide Establish a Special Systematic Declassification Review Program Declassify Historical Intelligence Records in the Public Interest

21  No information may remain classified indefinitely.  Emphasizes the requirement to identify describable damage to the national security before classifying information.  Restores the presumption against classification and in favor of a lower level of classification in cases of “significant doubt.”  Tightens the standards for keeping information classified for more than 25 years.  Greatly strengthens requirements for the training of all OCAs and the much larger number of derivative classifiers.  Requires OCAs receive training once a year on proper classification (including the avoidance of overclassification) and declassification, safeguarding, and possible sanctions.  Requires derivative classifiers receive training once every two years on proper application of derivative classification principles with an emphasis on avoiding overclassification.  Adds a requirement to identify derivative classifiers by name and position, or by personal identifier on each document they derivatively classify.  Mandates that agency self-inspection programs shall review original and derivative classification decisions and correct misclassification actions appropriately – E.O