Executive Logo EXECUTIVE|DISORDER

Revoked by William J. Clinton on April 17, 1995

National Security Information

Ordered by Reagan on April 6, 1982

Background

Before its revocation, Executive Order 12356 had profound implications on law, regulation, and social policy in the United States. Instituted by President Reagan in 1982, it established a robust framework for classifying, declassifying, and safeguarding national security information. One of its primary impacts was bolstering the government's ability to control the flow of information by determining classification levels—Top Secret, Secret, and Confidential. This effectively meant that information could be withheld if its release was perceived to threaten national security, thereby allowing administrations considerable discretion in managing sensitive governmental data. The order's insistence that public knowledge about governmental actions must be balanced against the necessity of protecting national security interests led to widespread delegation of classification authority among federal agencies, increasing the volume of classified documents significantly during its tenure.

This executive decision compelled federal agencies like the Department of Defense and the Central Intelligence Agency to exercise stringent controls over document classification. The National Security Council played a pivotal role in setting policy direction for this order, reflecting the administration's emphasis on centralized management of classified information. The Information Security Oversight Office (ISOO) was assigned to oversee and ensure agency compliance, highlighting operational adjustments across agencies as they developed internal procedures to align with the directive. As a result, there was an institutional shift towards a culture of secrecy, where the reflexive response often favored classification, leading to criticisms about the excessive withholding of information from the public domain and a growing backlog in declassification endeavors.

This order also impacted interagency operations and longstanding legislative measures. For instance, agencies had to coordinate their review processes with others having a direct interest in the subject matter, which sometimes contributed to bureaucratic bottlenecks. Moreover, by outlining stringent criteria for declassification, including the requirement for personal and written authorization by the originating authority, EO 12356 reinforced a cumbersome process that often inhibited timely access to information. These systematic procedures undeniably contributed to delays in the handling of Freedom of Information Act requests and imposed broader limits on governmental transparency, complicating efforts to hold agencies accountable to the public.

Reason for Revocation

The revocation of Reagan's directive by President William J. Clinton in 1995 was largely influenced by a contextual shift towards greater transparency and democratization of information, both of which were critical elements in the post-Cold War ideological landscape. President Clinton's decision to revoke EO 12356 was part of an administrative pivot that sought to cater to increasing demands for accountability and openness in government operations, reflecting broader societal and political changes spurred by the end of the Cold War. The international climate was shifting, and so too was domestic sentiment, both of which made the extant classification policy appear increasingly anachronistic and restrictive to open governance.

Clinton's era witnessed a conscious effort to declassify vast amounts of historical documents, driven by the belief that access to such information was necessary for informed public debate and trust in government. This shift was grounded in the ideology that a democratic society thrives on a well-informed citizenry and that unnecessary secrecy undermines this principle. Clinton's drive for reform aimed to address the backlog of classified documents that had accumulated under previous administrations, improving public access while maintaining essential national security safeguards. By revoking EO 12356, Clinton underscored the convergence of enhanced governmental transparency with the burgeoning public advocacy for greater information access—a key tenet of his administration's public policy rhetoric.

Moreover, the executive transition was likely motivated by operational inefficiencies observed under Reagan's directive, such as the prolonged declassification processes which often hindered timely responses to public and media inquiries. Clinton's new order, EO 12958, aimed to streamline these processes by introducing automatic declassification protocols for historical documents and fostering a more pragmatic approach towards classified information management—a reflection of evolving views on balancing national security with public interests.

Ultimately, this revocation exemplified Clinton's dedication to an ideological stance that encouraged declassification as a default, rather than an exception, thus heating debates around national security and government transparency. The administration's emphasis on openness was set against the backdrop of technological advancements and the rising influence of digital information dissemination, which collectively necessitated a reevaluation of previously rigid classification paradigms.

Winners

The primary beneficiaries of the order’s revocation and the ensuing new policy framework were entities advocating for government transparency and accountability. Advocacy groups such as the American Civil Liberties Union and various open government organizations were poised to gain from a more open classification system. These groups often criticized the previous system for obfuscating government activities, arguing that it hindered informed public discourse and oversight. By facilitating greater access to formerly classified documents, the revocation aligned with their long-standing campaigns for governmental openness and the reduction of unnecessary state secrecy.

Additionally, historians and academic researchers stood to benefit significantly from the changes. The new disposition towards declassification opened up previously inaccessible archives, enabling researchers to construct more comprehensive historical narratives. This availability of information fueled scholarly endeavors and increased opportunities for academic inquiry, fostering a more nuanced understanding of historical governmental actions and decisions. Open access to previously classified documents presented scholars with primary sources that were invaluable for research, pedagogy, and public education, thereby broadening the horizon of historical scholarship and discourse.

The media industry was another actor likely to benefit from the revocation, given the enhanced access to information which could facilitate investigative journalism. Improved access to government records empowered journalists with the ability to produce more detailed and reliable reportage, thereby reinforcing the media’s watchdog role within a democratic society. As the government became more transparent, media outlets could leverage the newfound information to better inform the public, fill gaps in historical reportage, and ultimately, contribute to a more informed electorate—factors integral to the mechanics of a vibrant democracy.

Losers

Despite its benefits, the revocation potentially posed challenges to some segments within the intelligence and defense sectors, which might have viewed the shift towards declassification as a risk to operational security. Agencies like the Central Intelligence Agency and the Department of Defense were predisposed to stringent classification practices as part of safeguarding sensitive operations and intelligence methodologies. The pivot towards declassification, while mitigating excessive secrecy, might have prompted concerns about compromising operational security and foreign intelligence relationships, potentially giving adversaries unintended insights into U.S. clandestine activities.

Government contractors, particularly those engaged in defense and intelligence operations, also might have been adversely affected by changes in classification policies. The declassification of documents and increased scrutiny could lead to heightened accountability demands and a potential overhaul of protocols surrounding sensitive information handling. Contractors who thrived under the opacity provided by extensive classification could have perceived this shift as a threat to their proprietary and competitive advantages, especially if transparency requirements imposed delays or added compliance costs to their operations.

Another potential group adversely impacted would include those governmental units overburdened by the administrative demands of declassification, as increased transparency necessitated greater logistical resources to systematically review and release previously classified material. The newfound expectation for efficiency and timeliness in processing information requests could overstretch these agencies' resources, as they were tasked with balancing openness with the safeguarding of truly sensitive data. This operational challenge posed an ongoing struggle to adapt to the renewed governmental mandate without overstretching internal capacities.

Summary

Establishes standards for classifying, declassifying, and safeguarding national security information. Creates three classification levels: Top Secret, Secret, and Confidential. Limits who can classify information and under what conditions. Sets guidelines for marking, handling, and declassification. Provides oversight mechanisms and penalties for noncompliance. Defines roles for enforcing the EO.

Implications

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