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The Protection of Classified Information: The Legal Framework

CRS Report – The Protection of Classified Information: The Legal Framework, August 12, 2022: “This report provides an overview of the relationship between executive and legislative authority over national security information. It summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report discusses insider risk management measures…

Information may be classified at one of three levels based on the amount of danger that its unauthorized disclosure could reasonably be expected to cause to national security. Information is classified as “Top Secret” if its unauthorized disclosure could reasonably be expected to cause “exceptionally grave damage” to national security. The standard for “Secret” information is “serious damage” to national security, while for “confidential” information the standard is “damage” to national security…”

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