StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Legal and Ethical Issues on Classified Information - Case Study Example

Summary
The paper "Legal and Ethical Issues on Classified Information" states that generally, the department of justice should review the policies, legal authority and practices in enhancing the identification of unauthorized discloses of the classified information…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Legal and Ethical Issues on Classified Information
Read Text Preview

Extract of sample "Legal and Ethical Issues on Classified Information"

ified information Legal and Ethical Issues on ified Information Introduction The ethical and legal issues associated with the release of classified information for media sensational, safeguarding, classifying and declassifying the information on national security. The democratic principles in US require that Americans be informed on government activities. Nevertheless, the national defense has throughout the history required maintenance of secretion of certain confidential information so as to protect the citizens, democratic institutions and the homeland security. Protection of critical information regarding the national security demonstrates the commitment to government openings through accountable and accurate application of the classification standards as well as effective declassification (Jennifer, 2013). The information is classified when the original classification authority is doing the classification of information. This also protects the information regarding the government control. The authority determines the authorized disclosure of the information that could have result to national insecurity, like the defense against the transnational terrorism. Top secret is applied to the information, and any unauthorized disclosure may cause grave damages to national security. Confidentiality should be adhered to the information, and the unauthorized disclosure may damage the national security. When employees of government contractors lack the classification authority, the information should be protected in such a way that the directives are implemented. The transmission of information should be prompt. The information should not be classified unless there is authorization for its disclosure (Kaiser, 2008) Ethical issues The advanced intelligence technology enhances documentation of command responsibility and war crimes. Such evidence is critical in the prosecution process. United State has been in the forefront in rule making and incorporating protection to the classified security on national information. The ethical issues enhance protection and disclosure of such information. This considers the concerns by the government on secrecy of the sensitive information. Sensitivity of information depends on the calculation of damage that the disclosure can cause to the national security. The different levels of classification; top secret, secret and confidential information indicate the various levels of sensitivity. Top secret clearance allows for handling the information to the highest level, including the secret and confidential (Kaiser, 2008). Information in US is referred as classified after assigning the level of secret. Information can be classified as a result of court orders, ongoing criminal investigations, or privacy regulations. Protection of information on national security includes rigorous investigation on unauthorized disclosures of the classified information so as to identify individuals committing such offenses. The administrative actions come addresses the unauthorized disclosures across the government security programs. This necessitates development of a coordinated and properly resourced authority for administratively addressing such problems (Jennifer, 2013). The correction of unauthorized disclosures for the classified information squarely falls on all the officers and employees of the government who have the privilege of handling the classified information from the government. The agency heads and various departments have the substantial authority of addressing issues of unauthorized disclosure of the classified information in their organizations. This can be through termination, revocation or suspension of employees to the national interest of interests of national security in United States. The authority checking on unauthorized disclosures applies sanctions to prevent damage of the classified information (Jennifer, 2013). The unauthorized disclosure risks associated with most people require diligent management, with strict enforcement of the principles of preventing individuals from accessing information regarding the national security, unless with requisite security clearance and approval of performance of secret official duties. The discipline related with dissemination of classified information enhances a reduction of dissemination of classified information with legal liability and personal accountability for information protection (Kaiser, 2008). The technological applications in a reinvigorated information security regime can substantially improve control and management of the classified information. Technology may not solely be effective in protecting against unauthorized disclosures but can provide deterrent, forensic and detection capability when combating for unauthorized disclosures. This provides the investigators with tools that enhance identification of certain violations of ethical and legal obligations with the aim of protecting the classified information. The digital rights technology for management of private sectors aimed at management of the intellectual property as well as imposing the copyright restrictions (Kaiser, 2008). The seriousness for the ethical issues has outpaced the enforcement mechanisms of the administrative capacity in addressing effectively issues on the unauthorized disclosure of the classified information. Government in United States must address problems related with unauthorized disclosure simultaneously through the three fronts (Kaiser, 2008). The Disclosure Policy The US government policy treats classified information as an asset of national security, and it protects and conserves it and protects it from disclosure from the foreign governments. The disclosures should be consistent with military security requirements and policy objectives, and contains information that warrants the disclosure. According to the policy, foreign governments are not entitled to access the classified military information of the United States. The policy assigns the control of disclosure responsibility to state and defense secretaries. The duties of the national security decision memorandum, NSDM, have been outlined by the policy. This involves establishment of interagency procedures and mechanisms which implement disclosure policy. Also, review of the available information through determination of the capability of the government in protecting the classified information is provided in the policy (Casteli, 2008). The basic policy does not involve control of the national intelligence and counterintelligence. These are the role of the director to the national intelligence and entails communicating the security information and equipment. The policy also defines the eligibility levels for the countries that exchange classified information with the United States. Most cases involve disclosure of the highest level of classification that exceeds delegated eligibility levels. The Secretary to the state should obtain consent of owning the department or the agency prior to the authorization of exceptions to the policy (Jennifer, 2013). The policy exceptions can be denied or granted by national disclosure policy committee. The decisions by the committee must be unanimous, and in case of the split vote, chairman should evaluate positions of the members as well as circulate the memorandum of intent to deny or prove the request. Members should have the prerogative in order to appeal to the decision by the chairman (Casteli, 2008). Enforcement of Ethics on Unauthorized Disclosure The executive branch activates various administrative measures that improve the capacity of stemming out the unauthorized disclosure practice. The agencies and departments should handle classified information critically, and use collective and individual efforts in protecting such disclosures. The legal officials within the central intelligence and defense departments should work collectively towards improvement of enforcement of the laws pertaining unauthorized disclosures (Jennifer, 2013). The officials should closely work with the Congress in ensuring the legal authorities which enhance the deterrence ability of unauthorized disclosures as well as to identify the persons who reveal classified information to violate the law, and their duty to the State. Identification of unauthorized disclosure enhances further protection of classified information on national security. The agencies and departments disseminating classified information must continue using their authority in undertaking aggressive and immediate investigations for unauthorized disclosures for the classified information. This entails use of all the investigative techniques and tools in identifying the perpetrators (Jennifer, 2013). They are entitled to report the crimes to the department of justice, and should be active in conducting internal investigations on prosecutorial decision of the department, unless directed otherwise by the attorney general. Conducting the internal investigations requires consultations of the agencies to the FBI to enhance investigatory guidance. As a result of the significant harm resulting from unauthorized disclosures of the classified information, department of justice must provide active investigative support under the direction of Attorney General. The department of justice together with FBI must avail themselves to conduct investigations on unauthorized disclosures of classified information. The agencies and departments must notify the department of justice when former or current government employee with legal or contractual obligation protects the classified information against unauthorized disclosures. The department of justice should be prepared in prosecuting all cases where the circumstances and evidence warrant in order to provide a regular report to the agencies or departments affected (Kaiser, 2008). Executive Branch must continue engaging the Congress, media and citizens in increasing the awareness on the damaged national security which results from unauthorized disclosures for the classified information. This is meant to improve the security for the classified information of the federal government as well as to enforce laws concerning unauthorized disclosures. Non-disclosure agreements by people granted permission to access classified information must be amended in order to include the provision which sets out the liquidated damages, based on the judicial findings that the person associated with breaching the contract execute the certification under the perjury penalty of engaging in unauthorized disclosure. The unauthorized disclosures expose an individual to severe penalties imposed in accordance with laws on those found to have engaged in unauthorized disclosures (Jennifer, 2013). The heads of departments and agencies must review the legal authorities, as well as the associated administrative processes, in order to determine their adequacy in the investigation and imposition of appropriate sanctions, on people engaging in unauthorized disclosure of the classified information. Also, the department of justice should review the policies, legal authority and practices in enhancing the identification of unauthorized discloses of the classified information. This should entail the use of the cross-agency resources in developing relational database for classified information unauthorized disclosures (Casteli, 2008). In conclusion, in support of military, diplomatic and intelligence capabilities, the State should combat any unauthorized disclosures for the classified information by aggressive administrative enforcement of the current requirements and the rigorous investigation of any unauthorized disclosure. This should also involve vigorous enforcement of criminal laws on federal crimes (Jennifer, 2013). References Casteli, E. (2008, January 22). New policy expected soon for sensitive information. Federal Times 2(3), 12-23.. Jennifer, E. (2013). Criminal Prohibitions on the Publication of Classified Defense Information. New York: Taylor & Francis. Kaiser, F. (2008). Protection of Classified Information by Congress: Practices and Proposals. Congressional Research Service 8(2), 1-14.. Read More

CHECK THESE SAMPLES OF Legal and Ethical Issues on Classified Information

Circumcision for Female

Female genital mutilation continues eliciting ethical, legal and professional concerns in medical practice mainly because of its widespread application for non-therapeutic use cultural use in various parts of the world.... This paper examines how ethical, legal and professional issues underpin female circumcision in clinical practice....
4 Pages (1000 words) Essay

Media Law and Ethics

In the UK, one such commission was the Leveson Inquiry, which Prime Minister David Cameron appointed on July 6, 2011, by the Inquiries Act 2005 to further investigate the cultural and ethical practices related to the revelations of phone hacking activities by the News International.... However, the supporters of newspaper freedom concur with their opponents who feel that with regards to government information, certain critical information, classified as secret and sensitive due to their national interest and security roles should be protected from disclosure to the public....
7 Pages (1750 words) Essay

Ethical Issues in Information Systems

"ethical issues in Information Systems" paper examines the importance of ethics in information systems, ethical issues specific to electronic information systems, networks as social places, explains how to behave on the networks, and new standards of conduct.... urthermore, the above observation broadly delineates ethical issues.... ethical issues Specific to Electronic Information Systems About the entire community, ethics consists of moral options chosen by the individuals....
4 Pages (1000 words) Essay

Ethics Within Different Professions

The major advantage of this legal and ethical element remains the ability for public members to initiate legal action against medical practitioners.... alpracticeThis could be defined as an element of both legal and ethical practice factors.... Malpractice borders between legal and ethical elements within the medical profession.... ethical issues within the profession become intertwined within the numerous legal elements governing operating standards, expected by society from medical professionals....
4 Pages (1000 words) Article

Why Do Ethics Matter in Research With Children and Young People

To some, the suggestion that an orderly and analytical process of decision making, not only on a personal level – but more so in the field of research, should include the discussion of highly controversial ethical issues, about which honest differences of opinion are common and self-deceiving rationalization endless, is repugnant.... It initially would determine the relevant ethical issues in research involving children.... ethical issues in research involving children range from concerns affecting children directly and the areas involved in undertaking the research....
9 Pages (2250 words) Essay

Federal Guards Indicted for Abusing Prisoners

The first step towards doing this is gathering information.... The information to gather relates to the issue at hand.... Both parties bound to the issue should be interviewed independently in order to ensure that the information at hand is actually the one held by both parties (Reid, 2011).... Decisions on the pragmatic issues that make the case complex should be addressed.... The restriction of each party should constitute the conclusion herein, focusing on both ethical and legal issues....
1 Pages (250 words) Essay

Open Source Methods to Investigate the Organized Crime

The focus of this study is to critically discuss the practical, legal, and ethical issues involved when using open source methods to investigate or research organized crime.... The implication is to avoid becoming dependent only on classified and closed sources of data but to embrace additional credibility on the final report as a result of including open sources.... This report "Open Source Methods to Investigate the Organized Crime" presents open-source intelligence or OSINT that has been defined as information readily available to the public through the internet, broadcast media, radio, and journals amongst others....
16 Pages (4000 words) Report

Computer Ethics for IT Professionals

The actions that may seem futile in their own eyes may create great ethical issues.... It has been attempted to be explained by many researchers, however, Bynum and Rogerson (1996) defined it comprehensively as the field of analysis that identifies the effects of information technology on the health, wealth, intellect, freedom, privacy, security and work of individuals in the society.... The compliance with the ethical standards will result in safer, reliable and effective computer environments....
8 Pages (2000 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us