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NARA proposed rules – how Executive Branch offices and agencies handle Controlled Unclassified Information

NARA issues proposed rules on how Executive Branch offices and agencies handle Controlled Unclassified Information (CUI). “President Obama issued a memorandum on January 21, 2009 that articulated his plan to make government activity more open and accessible to ordinary citizens. In that memo, the president explains that a fundamental characteristic of democracy is transparency and lays out a philosophy whereby all executive agencies and offices shall utilize all available means and technologies to make available and public all key regulatory documents. The memo, titled “Transparency and Open Government,” recognizes that there are practical hurdles for making all government documents completely and open, such as the needs for making some materials classified in order to protect state secrets. The memo directs the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget and the Administrator of the General Services to coordinate the development of appropriate actions and policies that implement the stated philosophy of openness. As outlined in the summary portions of the proposed rules, over time there evolved over 100 different approaches to handling material deemed unclassified, but controlled, the so-called Controlled Unclassified Information, or CUI. The present proposed rules are the culmination of years of work by all executive agencies, departments and offices to come up with a uniform policy that covers materials that are not classified, but contain information deemed sensitive. The new rules will establish a CUI Registry and designates the NARA as the CUI Executive Agent to implement them. AALL supports these new rules. See Washington Blawg post, “President Obama Releases Important New Executive Order on Controlled Unclassified Information,” for background. [Via Richard Leiter, Director and Professor, Schmid Law Library, University of Nebraska College of Law]

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