(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200060026-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: August 4, 2005
• Sequence Number: 26
• Content Type: MISC

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E.O. 11652: This order does not have an
equivalent section nor did it contain equivalent prohibitions,
requirements or limitations. Section 2 generally permitted
delegation of such authorities provided the'delegation was in
writing and, with respect to "TOP SECRET" authority, that the
delegation be to departmental senior principal deputies,
assistants and heads, senior principal deputies and assistants
of major elements of departments.
(e) Paragraph 1-205. Exceptional Cases
This paragraph permits an employee or a contractor of an agency
that does not have original classification authority to protect
information believed to require classification and to refer such
information to an agency that has appropriate subject matter
interest and classification authority, or, if such an agency
cannot be determined, to forward the information to the Infor-
mation Security Oversight Office.
Comment: This section serves a useful pur-
pose in that it provides interim protection until appropriate
classification action can be taken.
Recommendation: Retain the provision.
E.O. 11652: Section 10 of this order was a
similar provision. Section 2(D) also contained a provision that
any agency not listed or subsequently established did not have
classification authority until such authority was granted in
writing.
(3) Subsection 1-3. Classification Requirements.
(a) Paragraph 1-301. This paragraph contains
7
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a specification of the categories of information that may be con-
sidered for classification and excludes all others. The categories
include military matters, foreign government information, intelligence
matters, foreign relations matters, scientific, technological or
economics matters related to national security, safeguarding of
nuclear materials, or other matters related to the national security
designated by the President or a person designated by the President.
Comment: E.O. 11652 contained no similar
specification of categories of information that were subject to
classification although certain types of information such as crypto-
logic and communications intelligence information were listed as
examples of the types of information that could be classified at
a particular classification level (in this case, TOP SECRET).
The failure to list other important categories of information
including cryptologic information has led some, including some
courts, to read in an intent to downgrade the protection of such
information.
Recommendation: Add to the existing categories
of E.O. 12065 the category of "cryptologic activities, sources,
methods, and materials". This category would cover signals intel-
ligence activities, sources and methods, and communications security
activities, methods and materials.
E.O. 11652: This Order did not contain a
similar provision. However, certain information categories were
listed by way of example within the individual classification
category paragraphs including the mention of complex cryptologic
and communications intelligence systems in the TOP SECRET paragraph.
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and prevent unauthorized access, procedures for disposition of
classified information, and procedures for protection of in-
formation disseminated outside the Executive Branch.
Comment: None.
Recommendation: None.
E.O. 11652: Section 6 of this order estab-
lished essentially the same policy using virtually the same
language with some slight additional emphasis on the need to
protect information from unauthorized disclosure.
(2) Subsection 4-2. Special Access Programs.
This subsection provides authorization for agency heads authorized
original classification authority to create special access pro-
grams to control access, distribution and protection of particu-
larly sensitive information and establishes a requirement for the
review of all existing programs as well as the review of new programs
every five years. The DCI is authorized to establish a special
access program for intelligence sources and methods.
Comment:
This provision has been the subject
of substantial controversy and the origin of proposals that could
have resulted in substantially increased administrative costs with
no commensurate gain in protection or production of intelligence.
E.O. 11652 provided for a limited number of special access pro-
grams including programs for communications intelligence, crypto-
graphy and intelligence sources and methods. The change in the
authority to provide special protection for communications intel-
ligence and cryptography programs caused special problems particu-
larly with respect to the highly automated and technical nature of
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information handling systems for these categories. The Secretary
of Defense is the executive agent for the U.S. Government for
signals intelligence and communications security and requires
authority similar to that contained in Section 9 of E.O. 11652
in order to carry out those responsibilities.
Recommendation:
restore Section 9 of E.O. 11652, substituting "signals intelli-
gence" for "communications intelligence" and adding the "defense
plans".
E.O. 11652: Section 9 of this order provided
for special requirements with respect to access, distribution and
protection of classified information including requirements related
to communications intelligence, cryptography, and intelligence
sources and methods.
(3) Subsection 4-3. Access by Historical Researchers
and Former Presidential Appointees. This subsection provides that
restrictions on access to classified information may be waived for
historical researchers and former presidential appointees subject
to certain conditions.
Comment: None.
Recommendation: None.
E.O. 11652: Section 12 of this order con-
tained a similar waiver authority and conditions except that
it contained a further condition that classified information
not be published or compromised as a result of access.
(4) Subsection 4-4. Reproduction Controls.
This subsection provides for controls on the reproduction of
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