What information should be classified? Who gets to decide?

So I heard a lot after the Snowden/Manning leaks that these guys are traitors for publicly disclosing classified information. It mostly comes down to “they broke the rules, therefore they are bad”.

But I haven’t yet heard the debate about whether any of that information should have been classified in the first place. Can anybody point to actual harm Snowden or Manning caused the US?

It seems 99%-100% of the leaked information is classified simply because it would embarrass the US government if it were made public. Should we be defending the government from embarrassment or well-deserved public backlash?

For example, one of the Manning leaks was a video of US soldiers killing civilians in Iraq. Who is actually hurt by that video being made public, years after the fact? If it was actually murder – rather than “collateral damage” or a mistake – shouldn’t we be investigating that? In that case, isn’t classifying that video a perversion of justice and more harmful than leaking it? Even if it was not murder, shouldn’t the public know the kinds of things our government does in their name?

I can see the case for classifying specific details about undercover operations and agents, troop strengths and movements, or specific military plans and capabilities. Things that can cause physical harm to actual people or cause us to lose battles and wars if they become known. But in my experience that type of information has been a tiny percentage of what is actually classified.

So, what kinds of information should be classified? What kind of policies or procedures should be in place to limit what information becomes classified? Who should get to decide that? Should there be any oversight or veto power?

It seems to me that democracy requires an informed citizenry. If we just hide the bad stuff from the public and put people in jail for showing them things aren’t so rosy, to me we’re no more a democracy than Iraq was when Saddam got 99.6% of the vote. It’s just a sham. “Consent of the governed” is meaningless when they don’t know what they’re consenting to. In my opinion, secret policies, secret courts and secret programs nullify the social contract and invalidates the government that uses them.

“Open government” isn’t just nice to have, it is a requirement for that government to be legitimate.

Then no government on the planet is legitimate. Openness would have to be universal to be beneficial.

**What information should be classified? Who gets to decide? **

I could tell you, but then I’d have to kill you.

There’s more complications to classified information that most people understand. One of the biggest parts is the “need to know” part that those without clearances don’t really have a good grasp of how they work. Basically, just because you have a clearance doesn’t mean you have a need to know and get to find out something that is cleared at that level, and that is as much a part of protecting classified information as there clearance level.

In this way, many large projects are worked on by a lot of people where they only know certain parts of it and thus, if just one person gets compromised, that information itself will hopefully result in a more easily contained security breech. In that way, there sometimes are leaks where the information leaked doesn’t seem all that damaging, but in the context of other information that either wasn’t leaked or may have been determined by our enemies, it might be more damaging that it would appear to someone without that context. So generally when people say “oh, that didn’t seem so bad” it doesn’t necessarily mean that it isn’t.

Now, as for what should be classified, that’s difficult to judge. Certainly, even if we believe a well information citizenry is essential to an effective democracy (and I do), I think most reasonable people will agree that information like active military, espionage, and known terrorist information needs to be classified. But there’s other parts of the government that have different reasons for classifying certain information, and a lot of it gets fuzzier and more difficult what should and shouldn’t be. Certainly, there are cases where high ranking officials will classify information simply because it’d be embarassing if the public found out and, IMO, that isn’t the proper use of classification.

But that’s the whole problem here, maybe something I know looks like it’s classified because some Admiral or congressman would be embarrassed if it were public, but I don’t have need to know the full context, so it’s quite possible that there’s something else that I don’t know that could make it damaging to national security and unilaterally releasing that information is a bad idea. For example, let’s imagine say someone finds out about an embarrassing case, like mentioned in the OP, of soldiers killing civilians. Yes, that’s embarrassing, but it’s also possible that it’s classified because they’re still investigating it and it getting released to the public could harm their investigation. It’s also possible that, it contains other important tactical information like spec information on military technology or deployment locations. So someone who leaks that could think they’re being heroic by releasing that embarrassing information, but they’ve also compromised the investigation and possibly prevented those people from being brought to trial; or worse, they compromise a military strategic location and cost the lives of other soldiers who had nothing to do with it.

There’s also the issue that once things are classified, they stay classified and aren’t declassified automatically. So, using the same example, let’s say that there’s a case of a soldier killing civilians, it’s classified because it’s related to military operations and it’s being investigated. There’s no automatic process that says it’s supposed to be automatically declassified when that case is over, someone has to submit it for review. And just because it was important for convicting that one person doesn’t mean that it should be unclassified.

So, yeah, I do think that we need some public discourse about the nature of classification and perhaps there are some things that are being classified for stupid reasons and should be made public, even if it is embarassing to the US. In fact, it would be great to see congress look at updating a lot of laws to consider the greater scope of interest the public has today over even 10-15 years ago in keeping tabs on the government. I’d love to see us look at finding a way to review information periodically that is only classified because no one has done the paperwork to get it declassified. I’d love to see us consider changing what stuff can and can’t be classified and look at loosening some restrictions while maybe tightening others. I’d also love to see some penalties for people who classify stuff that doesn’t necessitate it because, if it isn’t dangerous, the public should know and it only reduces our security and increases cost to have it classified unnecessarily. But we’re not there yet.

Still, I think it’s extremely foolish and dangerous to unilaterally release classified information. By all means, if someone thinks something needs to be released and it’s being blocked, there are ways to escalate those issues without just leaking them. Maybe if it’s one specific document, or a small number, one might have a reasonably strong conviction that they’re just releasing embarrassing infromation, but as far as I know, these leaks are often of thousands of different documents. I don’t think anyone can have that degree of certainty that the information in that many documents doesn’t also include important information that could cause great harm to national security.

So really, in most cases, the people who have access to classified information are quite likely to not have enough context to accurately judge how damaging certain classified information can be. By the very nature of the information, they have to be made higher up by the people who have more context, and those aren’t the sort of people releasing this sort of information. So yeah, that makes those who have been giving these leaks at the very best reckless, and quite likely put the lives of others at risk. And to do so, they not only broke an oath, but they did so knowing that it could carry risk even if they don’t see it themselves. I’m not sure if that necessarily makes them traitors, I don’t know much about the specifics of the information they release or their motivations to feel comfortable making a judgment either way about that, but they definitely should be prosecuted.

What do you mean by this? That every country on earth has to be transparent before it is worth it for the US? Can’t we fix our own system first and set an example for the rest of the world to follow?

Or do you mean we’re not legitimate if we’re not 100% open? Can’t we limit our secrets to those whose disclosure would actually cause harm? Can’t we make a policy like “Troop movements, names of undercover agents, etc. are the types of information that will be classified, and for this long. If someone discloses classified information and it turns out that information shouldn’t have been classified, they can use that as a defense against any charges that may be brought against them.” ?

Why and in what way does openness have to be “universal” to be beneficial?

There are a LOT of things that seem harmless to the non-paranoid people that aren’t responsible for the security of stuff (people, information, material goods, etc.) that can be used by a motivated individual to cause harm.

OTOH classifying your embarrassing mistake so nobody can find out (how badly you screwed up) is a powerful temptation, especially for the kind of people that tend to reach the upper ranks in the military.*

  • disclaimer: this is based solely on the few(1) people I know personally that have worked at the pentagon, stories from my friends that have served in the military, and popular fiction.

I don’t know who should decide what should be classified, but I can tell you who shouldn’t be able to unilaterally decide what should be not be classified: A low level functionary working for a government contractor.

Why?

And is that before or after we minimize the amount of classified information? Or are you cool with everything some officer or analyst thinks should be secret becoming so, no questions asked?

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