Tuesday, May 21, 2013

What the Classified By Line Looks Like

Thanks for continuing to read so many articles about derivative classification. So far, we've written a lot about the derivative classification portion of NISPOM Change 1. It's important to understand the sections with the largest amount of changes. After all, the products that cleared defense contractors provide constitute derivative classification. Failure to recognize and apply requirements can result in security violations and unmet contract requirements.

We began with an article defining derivative classification, next, an article on who should provide derivative classification training, an article about the required training topics, and finally this article describing the new CLASSIFIED BY line.

New changes to NISPOM include the addition of a CLASSIFIED BY Line to the derived document. This may seem confusing at first until the intent is made more clear. The CLASSIFIED BY Line should be thought of simply as who provided the derivative classification. Perhaps to save confusion the policy powers should have named it the DERIVED BY Line. This requires the identification of the person and the position of the person applying the derivative classification marking.

I'm not sure what the phrase: "If not otherwise evident, the line will include the agency and office of origin will be identified and follow the name and position or personal identifier of the derivative classifier". Other than the obvious repetition of "will", the reader is left to decide if the agency and office of origin means of original classification or origin of the derivative classifier. Reference to the most recent DoD marking guide "Classified By: List name and position title or personal identifier of the DERIVATIVE classifier and, if not otherwise evident, include the Component and office of origin." demonstrates almost the same word for word. 

To be sure, derivative classifiers identifying their names and positions will meet the minimum requirements and the relationship and contract should make the relationship with the component and office of origin evident. Also, the derived from line may also include that information. More clarification is needed, so I'm all ears.

The rest of the BY Line includes the familiar DERIVED FROM, DOWN GRADE TO (as applicable)  and finally DECLASSIFY ON Lines.

DERIVED FROM-Gives an account of where the derivative classifier pulled the classified information from. This could reflect instruction from a security classification guide, classified markings on a source document, or as required on a DD Form 254. 

DOWNGRADE TO-is only necessary when the classification source gives downgrade instructions. If a classified element or information is used form a classified source and instructs to DOWNGRADE TO SECRET on 21 May 2021, then DOWNGRADE TO is applied to the new product. If there are no downgrade instructions, then the marking is not required.

DECLASSIFY ON-is applied the same as the  DOWNGRADE TO line. There will almost always be a DECLASSIFY ON line on "vanilla" classified products.  

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . Jeff is an accomplished writer of non-fiction books, novels and periodicals. He also owns Red bike Publishing. Published books include: "Get Rich in a Niche-Insider's Guide to Self Publishing in a Specialized Industry" and "Commitment-A Novel". Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training" See Red Bike Publishing for print copies of: Army Leadership, The Ranger Handbook, The Army Physical Readiness Manual, Drill and Ceremonies, The ITAR,and The NISPOM

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