Classified information

Like many nations, the United States uses a specialized classification system to compartmentalize information. This information is categorized by the amount of damage that it could do to national security if it was released in an uncontrolled manner. The US classification system divides classified documents into three categories: Confidential, Secret, and Top Secret. Confidential documents are considered the least dangerous, while Top Secret documents are considered the most dangerous. Some information is further compartmentalized through Special Access Programs, which restrict access to the information to a small group of individuals.

Only individuals who hold a security clearance can handle classified information. Security clearances are organized into the same tiers as classified documentation. For example, someone who holds a Secret clearance may view Secret information, but not Top Secret information. All security clearances authorize individuals to view lower tiers of information. The release of classified information, documents, or programs to any unauthorized viewers may be considered espionage, making it illegal under federal law.

Background

Throughout much of American history, there was no official program for classifying documents. Instead, those who were party to privileged inspiration were simply expected to keep that information confidential. In 1917, at the urging of President Woodrow Wilson, Congress passed the Espionage Act. This act made it illegal to share information “related to the national defense.” However, many members of Congress were opposed to the Espionage Act. They believed that its passage was political overreach by the Woodrow administration. For this reason, Congress removed the parts of the bill that involved defining information that was related to national defense. They also removed parts of the bill that denoted how individuals could be authorized to access confidential information. Without this information or any other laws surrounding the issue, the Espionage Act was difficult or impossible to properly enforce.

The United States’ lack of protocol for classifying information quickly became a problem during World War II (1939–1945). No document-access or authorization system was available to help secure state secrets from hostile powers. Journalists were asked by the Office of Censorship to avoid publishing any information that could be damaging to American interests. This censorship was entirely voluntary and could not be legally enforced. Despite this, most journalists were willing to abide by the requests of the Office of Censorship.

In 1951, President Harry Truman signed Executive Order 10290, which created the classification system that is still used by the US government. Because he created the system through executive order, he did not need the approval of Congress. These rules established clear, uniform guidelines for the classification and handling of secret information. It also referenced the Espionage Act, making mishandling of classified information a clear crime.

In contrast to the handling of classified information in World War II, this system allowed certain government employees the right to classify information. When making such decisions, the government employees were instructed to make their decisions based upon the potential harm to national security that the disclosure of such information would cause. They were not instructed to consider the ethics of keeping the information secret or any right that the American public had to know such information. For this reason, if an employee was unsure of the appropriate level of classification, they were instructed to overclassify documents.

Overview

The United States uses a system of classification to determine what information should be kept confidential from both the American public and members of foreign nations. In classification documentation, the degree of damage that could be caused by the unauthorized disclosure of information is called “sensitivity.” The greater the sensitivity associated with a document, the greater the classification level it receives. The United States has three levels of classification: Confidential, Secret, and Top Secret. Confidential documents pose a danger to national security if they are released but are considered the least sensitive. Top Secret is assigned to documents of the greatest sensitivity.

In order to handle classified information, individuals must hold a security clearance. Clearances are granted to government workers and contractors in accordance with the highest level of clearance they are expected to handle. Clearance for a higher level of classification automatically provides clearances for lower levels of classification. For example, a Top Secret clearance also allows a government employee or contractor to handle Secret and Confidential documents.

Confidential information is considered any information that would damage national security if disclosed in an unauthorized matter. It is the lowest level of classification available to the government. In the past, the United States utilized a “restricted” category, which was less classified than Confidential. However, the United States has retired this classification. Many other governments still used restricted as a category, but the United States treats restricted foreign documents as Confidential.

Secret classification is more sensitive than Confidential information. Information that is classified as Secret would cause “serious damage” to national security if disclosed without prior authorization. This includes causing damage to foreign relations, revealing hidden military operations, compromising secret technological revelations, or compromising intelligence operations.

Top Secret is the highest military classification. It is applied to information that would cause “exceptionally grave damage” to national security if it were released without prior authorization. This includes information that would cause military conflict to break out against the United States or its allies, the disabling of intelligence systems, the disclosure of technological developments vital to national security, or the comprising the nation’s intelligence systems.

Some Top Secret documents and programs are also included in Special Access Programs. This restricts access to the documents to those with Top Secret clearance who also belong to the Special Access Programs. Many of these programs are related to nuclear weapons, the identity of intelligence agents, and cryptography.

Bibliography

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“A Brief History of Misplaced Classified Documents.” NPR, 15 Jan. 2023, www.npr.org/2023/01/15/1149318643/a-brief-history-of-misplaced-classified-documents. Accessed 7 Feb. 2025.

“History of Classification and Declassification.” Office of Nuclear and National Security Information, 22 July 1996, sgp.fas.org/othergov/doe/history.html. Accessed 7 Feb. 2025.

“Is the U.S. Government Designating Too Many Documents as ‘Classified?’” NPR, 19 Jan. 2023, www.npr.org/2023/01/19/1149906531/classified-documents-biden-trump-matthew-connelly-declassification-engine. Accessed 7 Feb. 2025.

“Top Secret, Secret, Confidential: How Are US Government Documents Classified?” History, 7 Aug. 2023, www.history.com/news/top-secret-classification-documents. Accessed 7 Feb. 2025.