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Critical Infrastructure Information

Critical Energy Infrastructure Information

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After September 11, the federal government passed the Homeland Security Act of 2002. In addition to creating the Department of Homeland Security (DHS), the law contains two provisions that could exempt information from public access. Both the Critical Infrastructure Information (CII) and Sensitive But Unclassified (SBU) provisions undermine corporate and government accountability and threaten community right-to-know by hiding information from the public about infrastructure vulnerabilities or any other "sensitive" information.

News

Senate Report Documents Problems with State Secrets Privilege 08/19/2008
An Aug. 1 report by the Senate Judiciary Committee articulates the need for new legislation to limit the state secrets privilege. The report documents that the current administration has asserted the privilege "more frequently and broadly than before" and that reforms, such as the State Secrets Protection Act (S. 2533), are necessary to restore the proper balance between the right to an open and accountable government and the protection of legitimate state secrets. The report's dissenters — nearly all the Republicans on the committee — disagree with the report, arguing that existing procedures are sufficient. Read More

State Secrets Problems are No Secret to Congress 08/05/2008
On July 31, the House Judiciary Committee heard testimony concerning the State Secrets Protection Act (H.R. 5607), sponsored by Rep. Jerrold Nadler (D-NY), which would grant the judiciary greater authority to question executive branch secrecy. The act would establish a set of procedures and standards for assessing executive branch claims to the state secrets privilege. Read More

Bills to Reign in Controlled Unclassified Information Fly through House 08/05/2008
A bill to reduce and standardize Controlled Unclassified Information (CUI) designations moved quickly through the House in July, passing in both committee and on the House floor just a single week after it was introduced by Reps. Henry Waxman (D-CA) and Tom Davis (R-VA). This bill, along with a similar piece of legislation that focuses solely on the Department of Homeland Security (DHS), now goes to the Senate where it may have a tougher time given the limited amount of legislative time left in this congressional session. Read More

Senate Vote on FISA Compromise Expected 07/08/2008
Now back from the July 4 recess, the Senate is expected to quickly take up the Foreign Intelligence Surveillance Act (FISA) compromise passed by the House in June, with a vote as early as July 9. Despite opposition to the compromise legislation, particularly from civil libertarians, and a recent court ruling that cast doubt on the main arguments for granting immunity to telecommunications companies, the legislation is considered likely to pass. Read More

House Caves on Telecom Immunity in FISA Bill 06/24/2008
After months of negotiations and stalled efforts, the House leadership reached common ground with the White House in passing a bill that reforms the legality of foreign surveillance and grants telecommunications companies retroactive immunity for assisting in warrantless wiretapping. On June 20, the House passed the FISA Amendments Act of 2008 (H.R. 6304) by a vote of 293 to 129. Despite opposition from key senators and the public interest community, at this point it appears likely to pass the Senate as well. Read More

House Considers New Legislation at Chemical Security Hearing 06/24/2008
On June 12, the House Energy and Commerce Subcommittee on Environment and Hazardous Materials held a hearing on the current status of the chemical security program at the Department of Homeland Security (DHS) and considered two bills to amend the program. Read More

Covering Up Mistakes of Torture and Rendition 06/10/2008
The Department of Homeland Security's (DHS) Office of Inspector General (OIG) has released a report that investigated the case of a Canadian citizen, Maher Arar, who was taken into U.S. custody in 2002 and removed to Syria, where he was held by authorities for fourteen months. Two House committees held a hearing June 5 on allegations of torture that Arar says occurred during his imprisonment. Read More

The Rule of Secret Law in the Bush Administration 05/13/2008
The Senate Judiciary Subcommittee on the Constitution held a hearing on the proliferation of secret law in the Bush administration. In particular, the subcommittee focused on the role of the Office of Legal Counsel (OLC) in the Justice Department in the development of secret law governing the executive branch. Read More

White House Issues Memo on Controlled Unclassified Information 05/13/2008
The White House released a memorandum on May 9 establishing new rules governing the designation and sharing of Controlled Unclassified Information (CUI). By creating a single designation and consistent procedures, the memo attempts to resolve the growing problem of multiple Sensitive But Unclassified (SBU) designations, which slow the sharing of information. Read More

Problems Disclosed on Classification Procedures at Intelligence Agencies 04/15/2008
A recent report by the Office of the Director of National Intelligence (ODNI) reviews the classification procedures at eight agencies and finds significant problems, which unnecessarily complicate classification procedures and inhibit the free flow of information. Read More

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