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Leaks and spillage of our most sensitive secrets do occur, and these leaks and spillage cause irreparable harm. The media is always listening. Terrorists and foreign intelligence services are waiting for us to make a mistake. What can you, as a senior leader, do to prevent the worst from happening again? How do you respond when all of our security measures fail? disaldr02_02 2 SF-312, Classified Information Nondisclosure Agreement Some leaks are deliberate. Others are unintentional. Whether due to the acts of a malicious insider, an off-hand comment to a reporter, or a careless e-mail sent across networks; leaks and spillage cause damage. Do you know how to prevent them in your organization? And thereby protect your mission? We all know that the only people authorized to receive classified information are those who are eligible, or cleared, to access the information; who have a need to know; and who have signed an SF-312, a Classified Information Nondisclosure Agreement. Anyone else is an unauthorized recipient, no matter how senior or how close to you. To prevent leaks in your organization, remember that you, as a senior leader, are a role model, so be diligent in your own actions. Always verify that recipients are authorized and spills are frequently inadvertent. To prevent the following scenarios from occurring in your organization, ensure awareness of and compliance with security procedures. For example, If your personnel inappropriately apply classification markings, your public affairs office may accidentally release controlled information to the public. If, in a meeting with a foreign counterpart, one of your program managers discusses separate pieces of unclassified information and forgets that, when compiled, that aggregated information becomes classified, he may reveal sensitive program details. If a senior staff member forgets which network he or she is on before hitting send on an e-mail describing troop movements, operational plans may be compromised. If, when synching your smartphone or other mobile device, your staff person fails to take note of which system the device is being plugged into, you may have a serious security incident. Therefore, as a senior leader, you must make sure your personnel are aware of the consequences of leaks and spills to the organization and to the individual responsible for the leak or spillage. disaldr02_03 3 In this day and age, leaked or spilled information often makes its way to the Internet. Sometimes, leakers do everything they can to make sure classified information receives the widest possible audience. Do you and your specific kind of leak in which protected information moves from a higher classification or protection level to a lower one. In the worst data spills, classified information appears in the public domain before security personnel can contain the spill. Remember that leaked classified or controlled information is still classified or controlled even if it has been discovered on the Internet. Doing so could create a new case of spillage. As a senior leader, members of the media will be eager to ask you to confirm or deny the validity of leaked information. Unless you have specific authorization to speak as a senior Government authority regarding the leak, you must not do so. Any comment by you will be seen as a statement by an official Government spokesperson. disaldr02_04 4 Appropriate authorities, Report leaks and spills to authorities internal and external to your organization: Bullet Original Classification Authority (OCA) Bullet Information owner/originator Bullet Information Assurance Manager (IAM)/Information System Security Manager (ISSM) Bullet Activity security manager Bullet Responsible computer incident response center Bullet Law enforcement Bullet OUSD(I) Some leaks are massive. Others are small. All require quick action. How would you respond? When spillage does occur in your organization, you, as the senior leader, must be on the front lines of the response. You should immediately consult with your security staff. You must also inform the appropriate authorities of the spillage, including the Original Classification Authority, or OCA, the information owner, and law enforcement, if criminal acts are suspected. Your security personnel will help you isolate and contain the spill to both minimize damage and preserve evidence that may be required for damage assessment, risk assessment, law enforcement, or counterintelligence purposes. You should also ensure that your organization initiates an investigation to determine the cause of the leak and to establish responsibility. If the leak involves a serious security incident, such as espionage or disclosure to the public media, or may otherwise attract public attention, you must report it to the Office of the Under Secretary of Defense for Intelligence, or OUSD(I), through security channels. Also report to OUSD(I) if the leak or spill is likely to cause significant harm to our national security or relates to our most sensitive information or capabilities, such as defense operations or technologies, Special Access Programs, or Sensitive Compartmented Information. When responsibility for an inquiry into an unauthorized public media disclosure is unclear, OUSD(I) determines which DoD Component has investigative primacy. Some incidents are so serious or of such interest to the public that OUSD(I) must report them to Congress on behalf of the Secretary of Defense. disaldr02_05 5 OCA, Original Classification Authority In some cases, the damage to national security and to the mission that results from a leak or spill is immediately obvious. In other cases, it may take years, even decades, to understand how the leak undermined and degraded our capabilities or cost lives and mission. When a spill happens, the OCA, appropriate subject matter experts, and security officials will conduct a damage assessment to determine the likely impacts of the disclosure, and the harm it caused to national security and the mission. Regardless of the determination of the harm caused, classified information was classified for a reason. Consequences of unauthorized disclosure are serious, and personnel in your organization need to be aware of the sanctions they can face if they are involved in a leak or spill, up to and including potential criminal prosecution. If you believe criminal prosecution is warranted relating to a leak or spill from your organization, you should consult with appropriate legal counsel within the DoD. disaldr02_06 6