STATEMENT OF STEVEN GARFINKEL DIRECTOR, INFORMATION SECURITY OVERSIGHT OFFICE BEFORE THE SENATE SELECT COMMITTEE ON INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86M00191R000300580008-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 22, 2016
• Document Release Date: August 13, 2009
• Sequence Number: 8
• Publication Date: November 20, 1985
• Content Type: REPORT

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STATEMENT OF STEVEN GARFINKEL
DIRECTOR, INFORMATION SECURITY OVERSIGHT OFFICE
BEFORE THE
SENATE SELECT COMMITTEE ON INTELLIGENCE
NOVEMBER 20, 1985
MR. CHAIRMAN, MR. VICE CHAIRMAN, AND MEMBERS OF THE COMMITTEE,
I WELCOME THE OPPORTUNITY TO DISCUSS WITH YOU TODAY THE
INITIATIVES THAT I HAVE RECOMMENDED TO THE ASSISTANT TO THE
PRESIDENT FOR NATIONAL SECURITY AFFAIRS TO IMPROVE THE
GOVERNMENT-WIDE INFORMATION SECURITY SYSTEM. I AM ALSO PLEASED
TO INFORM YOU THAT THE ADMINISTRATION WELCOMES THE COMMITTEE'S
INPUT ON THESE OR OTHER INITIATIVES THAT IT MAY PROPOSE.
AS I INDICATED IN MY EARLIER STATEMENT TO THE COMMITTEE, THE
AGENCIES MOST INVOLVED WITH NATIONAL SECURITY INFORMATION WORKED
WITH THE INFORMATION SECURITY OVERSIGHT OFFICE, OR ISOO, IN
DEVELOPING THESE INITIATIVES. AS SOON AS THEY RECEIVE WHITE
HOUSE APPROVAL, ISOO WILL COMMENCE THE ACTIONS NECESSARY TO PUT
THEM INTO EFFECT. AS YOU WILL NOTE, THE DIFFERENT INITIATIVES
REQUIRE VARIOUS MEANS OF IMPLEMENTATION, RANGING FROM THE
AMENDMENT OF EXECUTIVE ORDER 12356, "NATIONAL SECURITY
INFORMATION," TO THE TRANSMITTAL OF LETTERS WITHIN THE EXECUTIVE
BRANCH. NO MATTER WHAT THE MEANS OF IMPLEMENTATION, THESE
INITIATIVES WILL APPLY TO EVERY AGENCY THAT CREATES OR HANDLES
CLASSIFIED INFORMATION.
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IN THIS CONTEXT I EMPHASIZE THAT THE ISOO INITIATIVES DO NOT
CONFLICT IN ANY RESPECT WITH THE RECOMMENDATIONS CONTAINED IN THE
EXCELLENT REPORT PRODUCED BY THE DEPARTMENT OF DEFENSE SECURITY
REVIEW COMMISSION. IN SEVERAL INSTANCES THE COMMISSION'S
RECOMMENDATIONS PARALLEL THE ISOO INITIATIVES, AND IN EVERY OTHER
INSTANCE THE COMMISSION'S INFORMATION' SECURITY RECOMMENDATIONS
AND THE ISOO INITIATIVES ARE COMPLEMENTARY.
THE ISOO INITIATIVES DO NOT ALTER THE BASIC STRUCTURE OF THE
INFORMATION SECURITY SYSTEM. THE MEMBERS OF OUR INTERAGENCY
WORKING GROUP UNANIMOUSLY AGREED THAT THE STRUCTURE OF THE SYSTEM
ESTABLISHED BY PRESIDENT REAGAN IN 1982, IS FUNDAMENTALLY SOUND
AND, FOR THE MOST PART, WORKING QUITE WELL. RATHER, THESE
INITIATIVES SEEK INCREASED KNOWLEDGE AND INCREASED ACCOUNTABILITY
AMONG THE MANY PEOPLE WHO ARE ENTRUSTED WITH MAKING THE SYSTEM
WORK AS IT SHOULD. ALTHOUGH THESE INITIATIVES ARE FEW IN NUMBER
AND QUITE MODEST IN COST, ISOO FIRMLY BELIEVES THAT THEIR
IMPLEMENTATION SHOULD HAVE FAR-REACHING CONSEQUENCES FOR THE
IMPROVEMENT OF THE INFORMATION SECURITY SYSTEM.
THE RECOMMENDED INITIATIVES ATTACK PERCEIVED PROBLEMS IN FIVE
SUBJECT AREAS. THESE INCLUDE OVERCLASSIFICATION, OR UNNECESSARY
CLASSIFICATION; THE OV ERDISTRIBUTION OF CLASSIFIED INFORMATION;
THE MANAGEMENT OF CLASSIFIED INFORMATION; THE EROSION OF THE
"NEED-TO-KNOW" PRINCIPLE; AND UNAUTHORIZED DISCLOSURES.
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THE PLACEMENT OF OVERCLASSIFICATION AS THE FIRST PROBLEM AREA WAS
INTENTIONAL. ALTHOUGH THE PROBLEM OF OVERCLASSIFICATION IS NOT
NEARLY AS SEVERE AS THE POPULAR MEDIA WOULD LEAD US TO BELIEVE,
IT IS A CONTINUING NUISANCE THAT EATS AWAY AT THE CREDIBILITY OF
THE ENTIRE SYSTEM. CRITICS TELL US THAT OVERCLASSIFICATION IS
THE MECHANISM WE USE TO HIDE OUR MISTAKES, TO SHIELD US FROM
EMBARRASSMENT, AND TO COVER-UP OUR MISDEEDS. IN ISOO'S
EXPERIENCE, THE PRINCIPAL CAUSES OF OVERCLASSIFICATION ARE FAR
LESS INTRIGUING. VERY FEW CLASSIFICATION DECISIONS ARE THE
PRODUCT OF A COVER-UP, ALBEIT EVEN ONE CASTS A SHADOW ON THE
WHOLE SYSTEM. INSTEAD, I SUGGEST THAT ONE OR MORE OF THE
FOLLOWING REASONS ACCOUNTS FOR JUST ABOUT EVERY INSTANCE OF
INITIAL OVERCLASSIFICATION. FIRST, OVERCAUTION. MANY
CLASSIFIERS BELIEVE, AND WITH SOME REASON, THAT IT IS BETTER TO
ERR ON THE SIDE OF PROTECTION THAN ON THE SIDE OF DISCLOSURE.
SECOND, ROTE CLASSIFICATION. IT IS ALMOST ALWAYS EASIER TO DO
THINGS THE WAY THEY'VE BEEN DONE BEFORE. INDEPENDENT THOUGHT
TAKES TIME AND EFFORT. THIRD, STATUS OR PRESTIGE CLASSIFICATION.
SOME INDIVIDUALS BELIEVE THAT IT ELEVATES THEIR STATURE TO
ELEVATE THE PROTECTION OF THEIR PRODUCT. FOR STATUS CLASSIFIERS,
"CONFIDENTIAL" IS NEVER HIGH ENOUGH, AND "SECRET" IS ONLY
TOLERABLE. FOURTH, AND RELATED TO STATUS CLASSIFICATION, IS WHAT
I CALL EXCLUSIONARY CLASSIFICATION. THIS OCCURS WHEN AN OFFICIAL
DECIDES THAT THE CLASSIFICATION OF HIS PRODUCT WILL ESTABLISH A
MORE EXCLUSIVE ENVIRONMENT, FREE FROM ROUTINE OVERSIGHT.
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FIFTH, INCORRECT, INADEQUATE OR NONEXISTENT CLASSIFICATION
GUIDANCE. POOR GUIDANCE RESULTS IN INACCURATE DERIVATIVE
CLASSIFICATION ACTIONS AND, QUANTITATIVELY, IS PROBABLY THE MOST
SIGNIFICANT CAUSE OF OVERCLASSIFICATION. SIXTH, THE LACK OF
PORTION MARKINGS IN DOCUMENTS USED AS SOURCES FOR DERIVATIVE
CLASSIFICATION. IF THE ENTIRE TEXT OF A DOCUMENT IS CLASSIFIED,
EVEN THOUGH SOME PORTIONS NEED NOT BE, DOCUMENTS DERIVED FROM
THOSE PORTIONS WILL BE NEEDLESSLY CLASSIFIED. AGAIN, I SUGGEST
THAT THESE SIX SITUATIONS ACCOUNT FOR ALMOST ALL INITIAL
OVERCLASSIFICATION.
TO ATTACK THE PROBLEM OF OVERCLASSIFICATION, ISOO HAS PROPOSED
THREE INITIATIVES. FIRST, ISOO PROPOSES TO ISSUE A DIRECTIVE
THAT ESTABLISHES MINIMUM REQUIREMENTS FOR MANDATORY TRAINING OF
ORIGINAL AND DERIVATIVE CLASSIFIERS, INCLUDING THE PROMULGATORS
AND USERS OF CLASSIFICATION GUIDES. TOO OFTEN THESE OFFICIALS
ARE RECEIVING LITTLE OR NO TRAINING ABOUT THE CLASSIFICATION
SYSTEM AND PROCESS. ISOO WILL ALSO REQUIRE THAT AGENCIES KEEP
RECORDS OF THE TRAINING THAT EACH OF THESE OFFICIALS RECEIVES.
SECOND, ISOO PROPOSES TO ISSUE A DIRECTIVE ON AGENCY SELF-
INSPECTIONS THAT ESTABLISHES MINIMUM CRITERIA FOR INTERNAL
OVERSIGHT. THIS DIRECTIVE WILL INCLUDE THE REQUIREMENT THAT
AGENCIES PERIODICALLY AND ROUTINELY EXAMINE A SAMPLE OF THEIR
CLASSIFIED PRODUCT TO ENSURE THE VALIDITY OF CLASSIFICATION AND
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THE EXISTENCE OF APPROPRIATE MARKINGS. MOST CURRENT AGENCY SELF-
INSPECTIONS CONCENTRATE ALMOST EXCLUSIVELY ON PHYSICAL SECURITY
AND LARGELY IGNORE THE INFORMATION BEING PROTECTED.
THIRD, ISOO PROPOSES THAT THE PRESIDENT AMEND E.O. 12356 TO
REQUIRE EMPLOYEES TO REPORT INSTANCES OF IMPROPER CLASSIFICATION.
CURRENTLY, THE SYSTEM ENCOURAGES EMPLOYEES TO REPORT
CLASSIFICATION ACTIONS THAT THEY BELIEVE TO BE INCORRECT. IN
PRACTICE, THIS RARELY OCCURS. ISOO ALSO PROPOSES THAT THE ORDER
BE AMENDED TO REQUIRE AGENCIES TO ESTABLISH EFFECTIVE PROCEDURES
FOR ~MPLOYEES TO CHALLENGE IMPROPER CLASSIFICATION FREE FROM THE
FEAR OF RETALIATION. THE FEAR OF RETRIBUTION IS BELIEVED TO BE A
PRIMARY REASON THAT EMPLOYEES AND CONTRACTORS ARE NOT CHALLENGING
CLASSIFICATION DECISIONS TODAY. IN PROPOSING THIS INITIATIVE,
ISOO RECOGNIZES THAT ITS ENACTMENT MAY RESULT IN MANY UNFOUNDED
COMPLAINTS. THIS SEEMS TO ISOO TO BE A REASONABLE PRICE TO PAY
FOR IMPROVING THE QUALITY OF OUR CLASSIFIED PRODUCT.
THE OVERDISTRIBUTION OF CLASSIFIED INFORMATION HAS BECOME A VERY
SERIOUS PROBLEM IN RECENT YEARS. THE WIDESPREAD AVAILABILITY OF
COPIERS AND AUTOMATED INFORMATION PROCESSING SYSTEMS HAS
MULTIPLIED THE WHOLESALE DISTRIBUTION OF CLASSIFIED INFORMATION.
INCREASED DISTRIBUTION RESULTS IN INCREASED SECURITY COSTS AND
INCREASED VULNERABILITIES.
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TO ATTACK THE PROBLEM OF OVERDISTRIBUTION, ISOO HAS PROPOSED
THREE INITIATIVES. FIRST, ISOO PROPOSES THAT THE PRESIDENT ISSUE
A STATEMENT TO THE HEADS OF AGENCIES THAT ADDRESSES, AMONG OTHER
PROBLEM AREAS, THE OVERDISTRIBUTION OF CLASSIFIED INFORMATION.
IS00 BELIEVES THAT A PRESIDENTIAL STATEMENT WILL HIGHLIGHT
OVERDISTRIBUTION AS A PROBLEM THAT MERITS FAR MORE ATTENTION THAN
IT HAS BEEN RECEIVING.
SECOND, ISOO PROPOSES TO AMEND ITS GOVERNMENT-WIDE DIRECTIVE TO
REQUIRE AGENCIES TO REVIEW AT LEAST ANNUALLY THE AUTOMATIC OR
ROUTINE DISTRIBUTION OF ALL CLASSIFIED INFORMATION. BOTH
DISTRIBUTORS AND RECIPIENTS WOULD BE REQUIRED TO UPDATE AUTOMATIC
DISTRIBUTION LISTS, AND DISTRIBUTORS TO VERIFY THE CONTINUING
"NEED-TO-KNOW" OF RECIPIENTS. THIS INITIATIVE SHOULD REMEDY THE
TOO FREQUENT SITUATION IN WHICH A ONCE BONA FIDE RECIPIENT IS
PLACED ON AN AUTOMATIC DISTRIBUTION LIST AND CONTINUES TO RECEIVE
THE CLASSIFIED PRODUCT OF THE DISTRIBUTOR.
THIRD, ISOO PROPOSES TO AMEND ITS GOVERNMENT-WIDE DIRECTIVE TO
ENCOURAGE ORIGINATORS OF CLASSIFIED INFORMATION TO WIDEN CONTROLS
ON ITS REPRODUCTION, UNLESS THERE ARE COUNTERVAILING REASONS TO
PERMIT UNCONTROLLED REPRODUCTION. CURRENTLY, "TOP SECRET"
INFORMATION MAY NOT BE REPRODUCED WITHOUT THE PERMISSION OF THE
ORIGINATOR. ALTHOUGH ORIGINATORS MAY PLACE SIMILAR CONTROLS ON
THE REPRODUCTION OF "SECRET" AND "CONFIDENTIAL" INFORMATION, THEY
RARELY DO SO. WITH COPIERS AVAILABLE IN JUST ABOUT EVERY OFFICE,
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COPIES OF CLASSIFIED DOCUMENTS PROLIFERATE. THIS INITIATIVE
SHOULD INCREASE BOTH CONTROL AND ACCOUNTABILITY, AND REDUCE THE
OVERDISTRIBUTION OF NATIONAL SECURITY INFORMATION.
ISOO TERMED THE THIRD PROBLEM AREA "CLASSIFICATION MANAGEMENT."
IN ISOO'S DEFINITION OF THIS TERM, IT REFERS BROADLY TO THE
MANAGEMENT OF CLASSIFIED INFORMATION BY CLASSIFIERS, SECURITY
SPECIALISTS,. AND OTHERS WHOSE WORK HAS A SIGNIFICANT IMPACT UPON
ITS CREATION AND HANDLING. BECAUSE IT IS A GENERAL TERM, THE
INITIATIVES THAT ISOO IS PROPOSING IN THIS AREA IMPACT AS WELL ON
EACH OF THE OTHER PROBLEM AREAS.
FIRST, ISOO PROPOSES THAT THE PRESIDENT AMEND E.O. 12356 TO
IDENTIFY THE MANAGEMENT OF CLASSIFIED INFORMATION AS AN AREA
REQUIRING AGENCY HEAD ATTENTION. SPECIFICALLY, THIS INITIATIVE
WOULD REQUIRE THAT THE RESPONSIBILITIES FOR MANAGING CLASSIFIED
INFORMATION BE INCLUDED AS CRITICAL ELEMENTS IN THE PERFORMANCE
RATING SYSTEMS OF CIVILIAN AND MILITARY PERSONNEL WHO ARE
ORIGINAL CLASSIFIERS, SECURITY MANAGERS, OR WHO ARE OTHERWISE
SIGNIFICANTLY INVOLVED IN MANAGING CLASSIFIED INFORMATION.
PERHAPS MORE THAN ANY OTHER, THIS INITIATIVE WILL CONFIRM THAT
PERSONAL ACCOUNTABILITY IS THE MOST EFFECTIVE MEANS OF IMPROVING
THE OPERATION OF THE INFORMATION SECURITY SYSTEM.
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SECOND, ISOO PROPOSES THAT THE ASSISTANT TO THE PRESIDENT FOR
NATIONAL SECURITY AFFAIRS CALL UPON THE DIRECTOR OF THE OFFICE OF
PERSONNEL MANAGEMENT TO REVIEW AND REVISE THE SECURITY SPECIALIST
POSITION SERIES, TO INCLUDE PROPER RECOGNITION FOR THE SPECIAL
SKILLS NECESSARY FOR THE MANAGEMENT OF CLASSIFIED INFORMATION.
IN MANY RESPECTS SECURITY SPECIALISTS OCCUPY THE LOWEST RUNG OF
THE PROFESSIONAL LADDER. THEY RECEIVE LITTLE RESPECT, LOW
SALARIES, AND FEW OPPORTUNITIES FOR ADVANCEMENT. ALL TOO OFTEN
THE BEST PEOPLE LEAVE THE SECURITY FIELD AS QUICKLY AS THEY CAN.
AS A SOCIETY WE ARE BEGINNING TO APPRECIATE THE IMPORTANCE OF
MOTIVATED, COMPETENT SECURITY PERSONNEL. THIS INITIATIVE IS
INTENDED TO IMPROVE THE PROFESSIONAL STANDING OF SECURITY
SPECIALISTS, SO THAT WE CAN ATTRACT AND RETAIN BETTER PEOPLE TO
PERFORM THESE CRITICAL JOBS.
THIRD, ISOO PROPOSES THAT THE PRESIDENT DIRECT THE SECRETARY OF
DEFENSE TO STUDY THE FEASIBILITY OF EXPANDING THE DEFENSE
SECURITY INSTITUTE TO PROVIDE BASIC TRAINING FOR ALL EXECUTIVE
BRANCH SECURITY PERSONNEL. SECURITY EDUCATION PLAYS A
FUNDAMENTAL ROLE IN ASSURING THE EFFECTIVENESS OF THE INFORMATION
SECURITY PROGRAM. TODAY, HOWEVER, BASIC SECURITY TRAINING IS NOT
ALWAYS AVAILABLE TO THOSE WHO NEED IT. THE DEFENSE SECURITY
INSTITUTE OFFERS AN EXISTING SCHOOL WITH EXCELLENT INSTRUCTORS IN
THE NECESSARY SECURITY DISCIPLINES. THE DEMAND FOR ITS COURSES
FAR EXCEEDS ITS CURRENT CAPACITIES. TO INCREASE THE INSTITUTE'S
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COURSE OFFERINGS AND ENROLLMENT, THE SECRETARY OF DEFENSE SHOULD
HAVE THE OPTION OF SEEKING REIMBURSEMENT FROM THE AGENCIES WHOSE
EMPLOYEES AND CONTRACTORS WOULD BENEFIT FROM ITS EXPANSION.
THE CRITERIA FOR ACCESS TO CLASSIFIED INFORMATION HAVE LONG BEEN
THE CLEARANCE PLUS THE "NEED-TO-KNOW". WITH THE PROLIFERATION OF
CLEARANCES, RELIANCE UPON "NEED-TO-KNOW" BECOMES EVEN MORE
CRITICAL. INSTEAD, WE HAVE BEEN WITNESSING WIDESPREAD
INDIFFERENCE TO THIS PRINCIPLE. IN ISOO'S VIEW, THE OBVIOUS
SECURITY THREAT IS NOT THE ONLY UNFORTUNATE CONSEQUENCE OF THE
RELAXED ENFORCEMENT OF THE "NEED-TO-KNOW" PRINCIPLE. ANOTHER IS
THE INCREASING USE BY AGENCIES OF SPECIAL ACCESS PROGRAMS TO HELP
PROTECT CLASSIFIED INFORMATION. THESE PROGRAMS HAVE ALL TOO
OFTEN SUBSTITUTED FOR THE ABSENCE OF ENFORCED "NEED-TO-KNOW".
THE INITIATIVES THAT ISOO HAS PROPOSED TO ATTACK THE
OVERDISTRIBUTION OF CLASSIFIED INFORMATION SHOULD ALSO SERVE TO
REVITALIZE THE "NEED-TO-KNOW" PRINCIPLE. IN ADDITION, ISOO SEEKS
TWO OTHER INITIATIVES. FIRST, ISOO PROPOSES THAT THE PRESIDENT
ISSUE A STATEMENT TO AGENCY HEADS THAT STRESSES THE IMPORTANCE OF
REVITALIZING THE "NEED-TO-KNOW" PRINCIPLE. TO AVOID DUPLICATION,
THIS WOULD BE PART OF THE PRESIDENTIAL STATEMENT PROPOSED BY
ANOTHER INITIATIVE.
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SECOND, ISOO PROPOSES THAT THE PRESIDENT AMEND E.O. 12356 TO
REQUIRE AGENCY HEADS TO ENSURE EFFECTIVE INTERNAL OVERSIGHT OF
SPECIAL ACCESS PROGRAMS, INCLUDING PERIODIC RECONFIRMATION OF
THEIR CONTINUED NEED. AT PRESENT, MANY SPECIAL ACCESS PROGRAMS
ACTUALLY RECEIVE LESS SECURITY OVERSIGHT THAN COLLATERAL
PROGRAMS. IN ADDITION, A NUMBER OF THESE PROGRAMS ARE PROBABLY
UNNECESSARY. THIS INITIATIVE AIMS FOR BOTH IMPROVED SECURITY AND
INCREASED SCRUTINY OF THESE COSTLY PROGRAMS.
EXAMINED WAS THAT OF UNAUTHORIZED DISCLOSURES. BECAUSE IT IS A
SUBJECT THAT HAS BEEN EXPLORED REPEATEDLY IN RECENT YEARS, WE ARE
PROPOSING ONLY TWO INITIATIVES. FIRST, IS00 PROPOSES THAT IT
COORDINATE WITH THE SECURITY COMMITTEE OF THE INTELLIGENCE
COMMUNITY IN THE DEVELOPMENT OF EDUCATIONAL MATERIALS, BOTH
UNCLASSIFIED AND CLASSIFIED, THAT ADDRESS THE DAMAGE CAUSED BY
UNAUTHORIZED DISCLOSURES. ISOO IS PARTICULARLY INTERESTED IN THE
DEVELOPMENT OF EFFECTIVE, UNCLASSIFIED MATERIALS, ALTHOUGH WE
RECOGNIZE THAT THE PRODUCTION OF THESE IS A FAR MORE DIFFICULT
TASK WHEN WE MAY NOT USE CLASSIFIED EXAMPLES.
SECOND, IS00 PROPOSES THAT THE PRESIDENT CALL UPON THE ATTORNEY
GENERAL TO REVIEW AND REVISE EXISTING GUIDELINES ON THE
INVESTIGATION OF UNAUTHORIZED DISCLOSURES. THESE GUIDELINES
WOULD COVER BOTH INTERNAL AGENCY INVESTIGATIONS AND EXTERNAL
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?
INVESTIGATIONS BY THE DEPARTMENT OF JUSTICE AND FEDERAL BUREAU OF
INVESTIGATION. CURRENTLY, INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES RARELY LEAD TO SUCCESSFUL PROSECUTIONS OR EVEN
ADMINISTRATIVE SANCTIONS. IT IS HOPED THAT REVISED INVESTIGATIVE
GUIDELINES MAY IMPROVE UPON THIS RECORD.
MR. CHAIRMAN, MR. VICE CHAIRMAN, AND MEMBERS OF THE COMMITTEE, I
HAVE NOW DESCRIBED THE THIRTEEN INITIATIVES THAT I HAVE PROPOSED
TO THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
TO IMPROVE THE INFORMATION SECURITY SYSTEM. I BELIEVE THAT THEY
REPRESENT A GOOD FAITH EFFORT TO REMEDY SOME SERIOUS PROBLEMS IN
THE IMPLEMENTATION OF WHAT IS A VERY GOOD INFORMATION SECURITY
SYSTEM. I LOOK FORWARD TO YOUR COMMENTS AND SUGGESTIONS.
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