1. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO SECURITY AND THE LAW ACofS, SECURITY HQ, USAINSCOM FORT BELVOIR, VA 22060-5246 THIS BRIEFING HAS BEEN COORDINATED WITH THE INSCOM STAFF JUDGE ADVOCATE ACofS, SECURITY HQ, USAINSCOM FORT BELVOIR, VA 22060-5246 THIS BRIEFING HAS BEEN COORDINATED WITH THE INSCOM STAFF JUDGE ADVOCATE

2. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO SECURITY AND THE LAW Purpose Provide legal basis for security programs Provide legal basis for security programs Understand legal requirements as pertains to security Understand legal requirements as pertains to security Unit requirements Unit requirements Individual requirements Individual requirements To Understand where authority to impose security requirements comes from To Understand where authority to impose security requirements comes from

3. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Discussion Topics Definition Definition Three Categories: Collateral / SCI / SAPs Three Categories: Collateral / SCI / SAPs Command Authority Command Authority Classification Authority Classification Authority Access to Classified Information Access to Classified Information Senior Officials of the Intelligence Community (SOICs) Senior Officials of the Intelligence Community (SOICs) “Force of Law” - The Concept “Force of Law” - The Concept Use of Deadly Force Use of Deadly Force Searches & Seizures Searches & Seizures Recipients of Classified Information Recipients of Classified Information Espionage Statute Espionage Statute Review Review SECURITY AND THE LAW

4. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Definition: For our purposes “Security” is defined as measures taken to protect properly classified information. SECURITY AND THE LAW

5. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Three Categories of Information Collateral - Classified material protected by standard procedures. Collateral - Classified material protected by standard procedures. SCI - Separate category authorized for protection of “intelligence sources & methods”. Enhanced protection authorized. SCI - Separate category authorized for protection of “intelligence sources & methods”. Enhanced protection authorized. SAP - Recognized by presidential authority, a separate category for protection of selected projects. Enhanced protection authorized. SAP - Recognized by presidential authority, a separate category for protection of selected projects. Enhanced protection authorized. SECURITY AND THE LAW

6. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO “Command” Authority Security is considered an “inherent responsibility” of command. Security authorities devolve to commanders under the authority granted the the Secretary of the Army by 10 USC 3013 (C) (2) & (C) (7). This section is cited in court as being the legal authority for classification of information. SECURITY AND THE LAW

7. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Classification Authority EO 12958, as Amended - Classified National Security Information, 2 Aug 95 (Amended by EO 13292, 28 Mar 03). EO 12958, as Amended - Classified National Security Information, 2 Aug 95 (Amended by EO 13292, 28 Mar 03). Delegated to designated officials only Delegated to designated officials only President established guidelines for this very important function. President established guidelines for this very important function. After classification, we are authorized to protect, sometimes with deadly force. After classification, we are authorized to protect, sometimes with deadly force. Classification is the “central act” of the security process. SECURITY AND THE LAW

8. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Access to Classified Information Derives from 50 USC 435 - Requires president to issue instructions regarding access to classified information. Derives from 50 USC 435 - Requires president to issue instructions regarding access to classified information. EO 12968 - 4 Aug 95. Establishes current policy for access to classified information. EO 12968 - 4 Aug 95. Establishes current policy for access to classified information. 50 USC 403-3 (C) (6) - Responsibilities of DCI 50 USC 403-3 (C) (6) - Responsibilities of DCI “Head” of Intelligence Community “Protect” intelligence sources and methods from unauthorized disclosure. SECURITY AND THE LAW

9. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Senior Officials of the Intelligence Community [SOICs] Designated by the president - EO 12333 & 50 USC Designated by the president - EO 12333 & 50 USC Assigned responsibility for the “protection of intelligence sources and methods” in their agency. Assigned responsibility for the “protection of intelligence sources and methods” in their agency. SCI Managers for their agency SCI Managers for their agency SECURITY AND THE LAW

10. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO “Force of Law” - The Concept What has the “force of law”? (Compels obedience or conformity) Law itself Law itself Regulations & Directives implementing law Regulations & Directives implementing law Lawful Orders Lawful Orders All of these can be the basis of security procedures SECURITY AND THE LAW

11. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO The Use Of Deadly Force See AR 190-14, Chapter 4 Last Resort Last Resort Self Defense / Imminent Danger Self Defense / Imminent Danger To protect information vital to national security To protect information vital to national security Authorized, not required Authorized, not required “Armed” response required for SCI protection “Armed” response required for SCI protection “Armed” means with weapon & ammunition “Armed” means with weapon & ammunition Bottom line: for protection of SCI material, the use of deadly force is authorized, within established constraints. SECURITY AND THE LAW

12. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Searches and Seizures Authorized By: Authorized By: Commander’s inherent security authority Commander’s inherent security authority Individual consent (signs / banners) (Gate or Entry) Individual consent (signs / banners) (Gate or Entry) VOCO VOCO Limitations: Limitations: 4th Amendment protects against unreasonable searches 4th Amendment protects against unreasonable searches Searches of “person” - limit to bags / packages Searches of “person” - limit to bags / packages No dogs used No dogs used Warrant / Probable Cause required for search of person Warrant / Probable Cause required for search of person SECURITY AND THE LAW

13. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Searches & Seizures (continued) Guards may seize government property / safeguard it Guards may seize government property / safeguard it Searches of computer systems authorized by consent banner Searches of computer systems authorized by consent banner SECURITY AND THE LAW

14. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Recipients of Classified Information 18 USC 793: Whoever being entrusted with…any document…or information relating to the national defense through gross negligence permits the same to be removed from its proper place of custody…shall be fined under this title or imprisoned not more than ten years, or both. This applies to all of us SECURITY AND THE LAW

15. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO The Espionage Statute 18 USC 798: Whoever knowingly furnishes…to any unauthorized person,…any classified information - shall be fined under this title or imprisoned not more than ten years, or both. Any unauthorized person. Any unauthorized person. Any classified information. Any classified information. Knowingly furnishes. Knowingly furnishes. SECURITY AND THE LAW

16. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Overview CONGRESS PRESIDENT FEDERAL LAW EXECUTIVE ORDERS DOD REGULATIONS DCI AUTHORITY ARMY REGULATION YOU & ME SECURITY AND THE LAW

17. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Review Federal law underlies our security process. Federal law underlies our security process. EO establishes classification / Access Requirements EO establishes classification / Access Requirements EO establishes intelligence community EO establishes intelligence community Requirement to protect “sources & methods” Requirement to protect “sources & methods” Protection of classified material is compulsory Protection of classified material is compulsory Security is inherent in command Security is inherent in command Penalties for non-compliance Penalties for non-compliance SECURITY AND THE LAW

18. UNCLASSIFIED//FOUO UNCLASSIFIED//FOUO Thank you for your attention. Are there any questions or comments? Thank you for your attention. Are there any questions or comments? ACofS, Security is a Service Organization.