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I am the CUI hysteric who promulgated You should know CUI. Please take POLL in May. I realized when POGO talked me off the ledge by agreeing with emptywheel, I should at least pretend to calm down. But of course I have to holler at my first CUI sighting -- U.S. to Give Czechs Ballistic Missile Defense in todays Washington Post:

The United States also agreed to help prevent disclosure of any "controlled unclassified information" (CUI) related to the radar site if the Czech Republic does not want it released. While such information can be disclosed under the U.S. Freedom of Information Act, the agreement says that "each Party shall take all lawful steps, which may include national classification, to keep controlled unclassified information free from further disclosure (including requests under any applicable domestic legislation) . . . unless the originating Party consents to such disclosure."

Excerpt continues:

Steven Aftergood, of the Federation of American Scientists, who first disclosed the text of the agreement on his Secrecy News, said, "The new agreement surprisingly presents national security classification as an option when facing involuntary disclosure of CUI under the Freedom of Information Act."

It's just my hunch that CUI is supersinister and of course I'm a nummy for thinking that just cause I found it myself (pretty much at the same time as smintheus), it's like my thing to yell about. I know, I know, I know. But really...

So here's my summary of what I think this means:

Biggest effect is ability to delay court FOIA while chilling whistleblowers, by introducing time to confer with foreign powers.

General effect is to allow Article II executive power greater latitude to silence talk about what it's doing.

Has anybody else seen any mention of CUI since May? I mean the kind of mention that hints at how this might be a significant problem for the things that matter to us here.

Originally posted to philipmerrill on Tue Jul 15, 2008 at 10:59 PM PDT.


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