Sensitive but unclassified
Encyclopedia
Sensitive But Unclassified (SBU) is a designation of information in the United States federal government
that, though unclassified, often requires strict controls over its distribution. SBU is a broad category of information that includes material covered by such designations as For Official Use Only (FOUO), Law Enforcement Sensitive (LES), Sensitive Homeland Security
Information, Security Sensitive Information (SSI), Critical Infrastructure Information (CII), etc. It also includes Internal Revenue Service
materials like individual tax records, systems information, and enforcement procedures. Some categories of SBU information have authority in statute or regulation (e.g. SSI
, CII) while others, including FOUO, do not.
Sensitive Security Information
(SSI) is a category of sensitive but unclassified
information under the United States
government's information sharing and control rules, often used by TSA
and CBP
. SSI is information obtained in the conduct of security activities whose public disclosure would, in the judgement of specified government agencies, harm transportation security, be an unwarranted invasion of privacy, or reveal trade secrets or privileged or confidential information.
UNCLASSIFIED/FOUO is primarily a Department of Defense phrase/acronym, used for documents or products which contain material which is exempt from release under the Freedom of Information Act
. It is treated as confidential, which means it cannot be discarded in the open trash, made available to the general public, or posted on an uncontrolled website. It can, however, be shared with individuals with a need to know the content, while still under the control of the individual possessing the document or product.
Information that may be protected with these labels range from personally identifying information such as passport
and Social Security number
s to documents protected by the attorney-client privilege
. Though SBU information may be exempt from complete disclosure under the Freedom of Information Act
, it should not be universally withheld.
PARD (Protect as restricted data). This is an unclassified but sensitive marking used in the department of energy. It is the marking that was on Dr. Wen Ho Lee
's program codes at Los Alamos National Laboratory. He (and many other) scientists backed up such data to tape. The government would later claim this was 'espionage' and charge him under , (the Espionage Act) which makes it a felony to 'withhold' information related to the 'national defense'. He eventually pled guilty to one of the 54 counts against him. He later won a lawsuit against the government and several newspapers over his treatment.
Limited Distribution, Proprietary, Originator Controlled, 'Law Enforcement Sensitive were designations the Pentagon attempted in 2011 to exempt from President Obama's Executive Order 13556.
The number of designations in use by various branches of the U.S. government for unclassified information eventually numbered more than 100. On May 9, 2008, President George W. Bush
directed their consolidation into a new category: Controlled Unclassified Information
(CUI).
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
that, though unclassified, often requires strict controls over its distribution. SBU is a broad category of information that includes material covered by such designations as For Official Use Only (FOUO), Law Enforcement Sensitive (LES), Sensitive Homeland Security
Homeland security
Homeland security is an umbrella term for security efforts to protect states against terrorist activity. Specifically, is a concerted national effort to prevent terrorist attacks within the U.S., reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do...
Information, Security Sensitive Information (SSI), Critical Infrastructure Information (CII), etc. It also includes Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
materials like individual tax records, systems information, and enforcement procedures. Some categories of SBU information have authority in statute or regulation (e.g. SSI
Sensitive Security Information
Sensitive Security Information is a category of sensitive but unclassified information under the United States government's information sharing and control rules...
, CII) while others, including FOUO, do not.
Sensitive Security Information
Sensitive Security Information
Sensitive Security Information is a category of sensitive but unclassified information under the United States government's information sharing and control rules...
(SSI) is a category of sensitive but unclassified
Sensitive but unclassified
Sensitive But Unclassified is a designation of information in the United States federal government that, though unclassified, often requires strict controls over its distribution...
information under the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government's information sharing and control rules, often used by TSA
Transportation Security Administration
The Transportation Security Administration is an agency of the U.S. Department of Homeland Security that exercises authority over the safety and security of the traveling public in the United States....
and CBP
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
. SSI is information obtained in the conduct of security activities whose public disclosure would, in the judgement of specified government agencies, harm transportation security, be an unwarranted invasion of privacy, or reveal trade secrets or privileged or confidential information.
UNCLASSIFIED/FOUO is primarily a Department of Defense phrase/acronym, used for documents or products which contain material which is exempt from release under the Freedom of Information Act
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
. It is treated as confidential, which means it cannot be discarded in the open trash, made available to the general public, or posted on an uncontrolled website. It can, however, be shared with individuals with a need to know the content, while still under the control of the individual possessing the document or product.
Information that may be protected with these labels range from personally identifying information such as passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
and Social Security number
Social Security number
In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent...
s to documents protected by the attorney-client privilege
Attorney-client privilege
Attorney–client privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential....
. Though SBU information may be exempt from complete disclosure under the Freedom of Information Act
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
, it should not be universally withheld.
PARD (Protect as restricted data). This is an unclassified but sensitive marking used in the department of energy. It is the marking that was on Dr. Wen Ho Lee
Wen Ho Lee
Dr. Wen Ho Lee is a Taiwan-born Taiwanese American scientist who worked for the University of California at the Los Alamos National Laboratory. He created simulations of nuclear explosions for the purposes of scientific inquiry, as well as for improving the safety and reliability of the US nuclear...
's program codes at Los Alamos National Laboratory. He (and many other) scientists backed up such data to tape. The government would later claim this was 'espionage' and charge him under , (the Espionage Act) which makes it a felony to 'withhold' information related to the 'national defense'. He eventually pled guilty to one of the 54 counts against him. He later won a lawsuit against the government and several newspapers over his treatment.
Limited Distribution, Proprietary, Originator Controlled, 'Law Enforcement Sensitive were designations the Pentagon attempted in 2011 to exempt from President Obama's Executive Order 13556.
The number of designations in use by various branches of the U.S. government for unclassified information eventually numbered more than 100. On May 9, 2008, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
directed their consolidation into a new category: Controlled Unclassified Information
Controlled Unclassified Information
Controlled Unclassified Information is a new category of unclassified categories issued in a directive on May 9, 2008, by President George W. Bush...
(CUI).
See also
- Classified information in the United StatesClassified information in the United StatesThe United States government classification system is currently established under Executive Order 13526, the latest in a long series of executive orders on the topic. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the...
- Thomas Andrews DrakeThomas Andrews DrakeThomas Andrews Drake is a former senior official of the U.S. National Security Agency , decorated United States Air Force and United States Navy veteran, computer software expert, linguist, management and leadership specialist, and whistleblower. In 2010 the government alleged that he 'mishandled'...
(indicted under the Espionage Act for having a document marked Unclassified/FOUO)
External links
- OPSEC Professional's Website
- Laws And Regulations Governing The Protection Of Sensitive But Unclassified Information, Library of Congress Research Division, Sept 2004
- DoD web page describing one view of FOUO issues.
- Definitions and Regulations Involved in the Classified-Sensitive Information-Unclassified Debate
- The Halfway House Between Science and Secrets - Interview with Bruce SchneierBruce SchneierBruce Schneier is an American cryptographer, computer security specialist, and writer. He is the author of several books on general security topics, computer security and cryptography, and is the founder and chief technology officer of BT Managed Security Solutions, formerly Counterpane Internet...
on the subject of potential misuse of SBU designations for scientific research.