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classification (confidential, secret, and top secret), and declassification guidelines.<br />

Additionally, it discusses handling procedures of unauthorized disclosures as developed<br />

by the Information Security Oversight Office. 31<br />

B. SECRECY VERSUS TRANSPARENCY<br />

Throughout history, empires, nations, and even commercial businesses protected<br />

critical information that, if divulged, could result in the loss of important military,<br />

political, financial, and proprietary positions. Although the formality of classifying<br />

information is relatively new in the United States, it is conceded by many to be a<br />

necessary evil to protect our way of life. At the same time, there are many who feel the<br />

government over classifies and the non-transparency classification creates violates our<br />

personal freedoms more than it protects our nation. Clearly, classification of information<br />

is controversial and can create divisiveness within our society. In protecting national<br />

defense, public pressure to declassify information can be as damning as foreign<br />

espionage. By the same token, preservation of individual rights and Bill of Rights<br />

freedoms may outweigh the need for classification.<br />

In Secrets and Leaks: The Dilemma of State Secrecy, Sagar writes regarding the<br />

growing debate of unauthorized disclosures, especially in light of the Wikileaks incident.<br />

Sagar provides a thorough discussion of the history of U.S. secrecy, beginning with<br />

George Washington withholding secrets from Congress, through the Espionage Act of<br />

1917, up to the NSA warrantless wire-tapping program in 2006. 32 He provides<br />

compelling pro and con arguments for unauthorized disclosures and notes:<br />

the emergency of new media, particularly Internet-based communication<br />

channels, has…dramatically increased the ease with which reporters,<br />

editors and publishers can evade laws or regulations pertaining to the<br />

publication of classified information. We live in a world where leaks of<br />

classified information can instantly be transmitted to ‘information<br />

31 Elsea, The Protection of Classified Information.<br />

32 Rahul Sagar, Secrets and Leaks: The Dilemma of State Secrecy (Princeton, NJ: Princeton University<br />

Press, 2013).<br />

13

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