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Born secret
Born secret (also known as born classified) is a legal doctrine in the United States where certain information is automatically classified from the moment it is created, regardless of author or location. Scholars describe the doctrine as unique in U.S. law because it can criminalize the discussion of information that is already publicly available.
The rule originated in statutes covering the design, production, and use of nuclear weapons, although it has also been used to classify other nuclear technologies. The United States Department of Energy has called the doctrine "very controversial".
Historically, the born-secret concept applied to any data related to nuclear technologies, whether or not the specific technology was developed by the United States government or by other parties. Howard Morland, writing in Cardozo Law Review, compared the doctrine to a permanent gag order on nuclear ideas and concepts.
The idea is rooted in the Atomic Energy Act of 1946, which declared that all information about nuclear weapons and nuclear energy was 'Restricted Data' until officially declassified. In the 1954 revision, the United States Atomic Energy Commission gained authority to declassify entire categories of information. The policy assumed that nuclear information could be so vital to national security that it required classification even before formal evaluation. The 1954 act defined Restricted Data as:
All data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 2162 of this title.
United States government scientists working on nuclear weapons design have held Q clearance, to access Restricted Data.
In 2006, the United States Department of Energy (DOE) itself called the born-secret doctrine "very controversial." Writing for the Department, Nick Prospero cited concerns about constitutionality and the stifling of scientific progress. Prospero also noted long-standing public pressure for open access to health, safety, and environmental data—issues stretching back to the DOE's predecessors, the United States Atomic Energy Commission and the Energy Research and Development Administration.
The constitutionality of categorically classifying information at the moment of its creation remains untested in U.S. courts.
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Born secret
Born secret (also known as born classified) is a legal doctrine in the United States where certain information is automatically classified from the moment it is created, regardless of author or location. Scholars describe the doctrine as unique in U.S. law because it can criminalize the discussion of information that is already publicly available.
The rule originated in statutes covering the design, production, and use of nuclear weapons, although it has also been used to classify other nuclear technologies. The United States Department of Energy has called the doctrine "very controversial".
Historically, the born-secret concept applied to any data related to nuclear technologies, whether or not the specific technology was developed by the United States government or by other parties. Howard Morland, writing in Cardozo Law Review, compared the doctrine to a permanent gag order on nuclear ideas and concepts.
The idea is rooted in the Atomic Energy Act of 1946, which declared that all information about nuclear weapons and nuclear energy was 'Restricted Data' until officially declassified. In the 1954 revision, the United States Atomic Energy Commission gained authority to declassify entire categories of information. The policy assumed that nuclear information could be so vital to national security that it required classification even before formal evaluation. The 1954 act defined Restricted Data as:
All data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 2162 of this title.
United States government scientists working on nuclear weapons design have held Q clearance, to access Restricted Data.
In 2006, the United States Department of Energy (DOE) itself called the born-secret doctrine "very controversial." Writing for the Department, Nick Prospero cited concerns about constitutionality and the stifling of scientific progress. Prospero also noted long-standing public pressure for open access to health, safety, and environmental data—issues stretching back to the DOE's predecessors, the United States Atomic Energy Commission and the Energy Research and Development Administration.
The constitutionality of categorically classifying information at the moment of its creation remains untested in U.S. courts.