Originally Posted by
FliesWay2Much
The major difference is that real classified information has a real Executive Order (EO 12958) which describes what to classify, what NOT to classify, WHO can classify, when to conduct a mandatory downgrade/declassification review, top-level guidelines for CONFIDENTIAL, SECRET, and TOP SECRET information, and penalties for screwing up. The penalties cover infractions not limited to unauthorized disclosure. Penalties are also inplace for overclassifying something, not conducting mandatory reviews, and deliberately classifying something to prevent embarassment to one's agency or to keep unclassified information from Congress or the public. All of this stuff pertains to collateral classified information. Compartmented and Special Access programs have their own additional EOs and agency regulations.
LES/FOUO/SBU/SSI have none of these guidelines or restrictions. There are no criteria for creating this type of information, no paragraph marking requirements, no derivative document, no downgrading instructions, etc. If this stuff is truly sensitive beyond a precinct and is determined to cause damage to national security if disclosed, for Pete's sake, classify it the right way. My experience, including some with a couple of LE agencies, is that they use this informal and unregulated handling system because they are too lazy to set up a real information security program and think it's too much trouble to buy safes, shredders, and encrypted comm.
I agree with just about everything you said. My point was that some SBU (as a generic term for all of the others) information could either get someone killed or jeopardize long-term, ongoing investigations. That same information cannot be classified because it has nothing to do with national security. But that doesn't mean it doesn't need protecting. On the other hand, the notes from some deputy assistant Commerce attache's meeting with the minister of chicken farming gets classified under 1.5(d). Doesn't always make sense.