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"Sensitive but unclassified" information and other controls : policy and options for scientific and technical information

"Providing access to scientific and technical information (S&T) for legitimate uses while protecting it from potential terrorists poses difficult policy choices. Federally funded, extramural academic research is to be 'classified' if it poses a security threat; otherwise, it is to be 'unrestricted.' Since the September 11, 2001 terrorist attacks, controls increasingly have been placed on some unclassified research and S&T information, including that used to inform decision making and citizen oversight. These controls include 'sensitive but unclassified' (SBU) labels; restrictive contract clauses; visa controls; controlled laboratories; and wider legal restrictions on access to some federal biological, transportation, critical infrastructure, geospatial, environmental impact, and nuclear information. Some professional groups have supported voluntary controls on the conduct or publication of sensitive research ..."--Page 2.

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Federal security controls on scientific and technical information : history and current controversy

The U.S. Government has always protected scientific and technical information that might compromise national security. Since the 2001 terrorist attacks, the government has widened controls on access to information and scientific components that could threaten national security. The policy challenge is to balance science and security without compromising national security, scientific progress, and constitutional and statutory protections. This book summarises (1) provisions of the Patent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA PATRIOT Act; the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; and the Homeland Security Act, that permit governmental restrictions on either privately generated or federally owned scientific and technical information that could harm national security; (2) evolution of federal definitions for "sensitive but unclassified" (SBU) information; (3) Controversies about White House policy directives on federal SBU and "Sensitive Homeland Security Information", and (4) policy options.

Possible impacts of major counter terrorism security actions on research, development, and higher education [electronic resource]

"The Congress, the executive branch, and scientific and technical communities have adopted and are considering research and development (R&D) and education related security measures to counteract terrorism. There is widespread agreement on the need for these measures, but some experts say that they could have unintended consequences. Some of these actions are included in the PATRIOT/USA Act, P.L. 107-56; in addition the Office of Homeland Security, federal agencies, and the scientific and technical community have proposed or taken other actions. Activities relating to higher education (in H.R. 3525, S. 1749, and other bills) include controlling the visa entry and educational programs of foreign students and tracking their movement through the higher education system. Activities relating to limiting access to scientific and technical information include controlling access to R&D laboratories, self-policing, classification and reclassification of already released materials, withdrawal of information from federal agency websites, possible additional exemptions to the Freedom of Information Act, (FOIA) and withholding information categorized as ₃sensitive but unclassified.₄ Legislative proposals dealing with access to biological agents that could be used by terrorists appear in H.R. 3448, S. 1765, H.R. 3160, S. 1635, H.R. 3457, and S. 1764. These include proposals to register owners of potentially toxic biological and chemical agents; to inventory laboratories that conduct research using pathogenic biological agents; to limit access to R&D laboratories and biological research agents; and to give tax preferences to firms that develop tools to deal with bioterrorism.

Online www.fas.org