View Full Version : Making Getting Government Information Harder After 911

Peter Lemkin
03-21-2009, 08:38 PM
After September 11, the federal government passed the Homeland Security Act of 2002. In addition to creating the Department of Homeland Security (DHS), the law contains two provisions that could exempt information from public access. Both the Critical Infrastructure Information (CII) and Sensitive But Unclassified (SBU) provisions undermine corporate and government accountability and threaten community right-to-know by hiding information from the public about infrastructure vulnerabilities or any other "sensitive" information.

Click on the specific policy for information and resources.

Critical Infrastructure Information (CII) (http://www.openthegovernment.org/article/articleview/48/1/16)
The Critical Infrastructure Information (CII) policy provides secrecy, civil immunity, preemption of state and local disclosure laws, and protection from whistleblowers to corporations that voluntarily submit information on infrastructure vulnerabilities.

Critical Energy Infrastructure Information (CEII) (http://www.openthegovernment.org/article/articleview/50/1/16)
The Federal Energy Regulatory Commission (FERC) issued a Critical Energy Infrastructure Information (CEII) rule in March 2003, establishing new procedures outside of FOIA for requesting information.

Sensitive But Unclassified (SBU)/ Controlled Unclassified Information (CUI) (http://www.openthegovernment.org/article/articleview/49/1/16)
Agencies and other federal entities employ a variety of restrictions on unclassified information implemented through laws, regulations or mere assertions by government officials that information should not be released to the public. These designations fall entirely outside the national security classification system and are subject to none of its constraints or timelines. Ultimately, these efforts to control and restrict information make it harder for authorities to share information across the government, inform the public about potential dangers in their own communities.