Sensitive Security Information
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In the aftermath of the [[September
11, 2001 attacks]], the [[Transportation Security Administration]] (TSA)
was created in the [[United States]] to
take responsibility for the security
of all modes of public transportation.
Included in the responsibilities of
this new agency was the authority to
designate information as '''Sensitive Security Information''' (SSI).
<ref>{{cite web | url=http://www.gao.gov/new.items/d05677.pdf |
title=GAO-05-677 Report on SSI | work=[http://www.gao.gov/ The U.S
Government Accountability Office] | accessdate=2005-06-29 |
date=2005-06-29}}</ref> Originally housed in the [[United States Department of
Transportation|Department of Transportation]], TSA was transferred to
the [[United States Department of Homeland Security|Department of
Homeland Security]] as a result of the [[Homeland Security Act]] of
[[2002]].
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Sensitive Security Information (SSI)
is a specific category of sensitive but
unclassified (SBU) information. In response to increasing threats against aviation security, including hijackings in the 1960s and 1970s, Congress required the FAA to create SSI
to safeguard information that would
be detrimental to transportation security if publicly released. The FAA
issued the first SSI regulation (49
CFR part 1520) in December 1976.
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According to TSA officials, SSI designated information is created by TSA and by
airports, aircraft operators, and
other regulated parties when they are establishing or implementing
security programs or documentation to address
security requirements. Information that is designated SSI can be shared
with those who have a need to know in order to participate in or oversee the protection
of the U.S. transportation
system. Those with a need to know can
include persons outside of TSA, such as airport operators, aircraft
operators, foreign vessel owners, and other persons. SSI cannot be shared with the general public, and
it is exempt from disclosure under the [[Freedom of Information Act (United States)|Freedom of
Information Act]].
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In the aftermath of the [[September
11, 2001 attacks]], the [[Transportation Security Administration]]
(TSA) was created in the [[United States]] to take responsibility for the security of all modes of transportation. Included in the responsibilities
of this new agency was the
authority to designate information as
'''Sensitive Security Information''' (SSI). <ref>{{cite web | url=http://www.gao.gov/new.items/d05677.pdf | title=GAO-05-677 Report on SSI
| work=[http://www.gao.gov/ The U.S
Government Accountability Office] | accessdate=2005-06-29 |
date=2005-06-29}}</ref> Originally housed in the [[United States Department of
Transportation|Department of Transportation]], TSA was transferred to the [[United States Department of Homeland Security|Department of Homeland
Security]] as a result of the [[Homeland Security Act]] of [[2002]].
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There are 16 categories of SSI.
TSA has distinguished these 16
categories into 3 types of SSI. Four
categories are termed "categorical" and automatically designated SSI.
Eleven categories require a judgment or
analysis to determine if the SSI designation
is warranted. One category requires a written
determination by an office with determination authority to be deemed
SSI. This category is "other
information," which is a catchall exemption for information that
TSA may wish to designate SSI that does not fit into the other 15
categories.
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SSI is primarily information that
would be detrimental to transportation security if publicly released (i.e. information
that terrorists could use to plan an attack). The SSI regulation
provides 15 specific SSI categroies and a 16th category that provides
the TSA administrator the ability to
designate additional information as SSI. The 15 categories are:
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1. Security programs and contingency plans.
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2. Security Directives.
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3. Information Circulars.
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4. Performance specifications.
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5. Vulnerability assessments.
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6. Security inspection or investigative information.
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7. Threat information.
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8. Security measures.
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9. Security screening information.
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10. Security training materials.
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11. Identifying information of certain transportation
security personnel.
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12. Critical aviation or maritime infrastructure asset
information
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13. Systems security information.
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14. Confidential business information.
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15. Research and development.
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The SSI regulation requires that only covered persons with a
need to know may have access to SSI. Generally, persons covered by the
regulation have a need to know SSI when access to the information is
necessary to carry out transportation security activities. Those with a
need to know include persons outside of TSA, such as airport operators,
airlines, vessel and maritime port owners, and other persons. SSI
cannot be shared with the general public, and is exempt from disclosure
under the [[Freedom of Information Act (United States)|Freedom of
Information Act]].
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An agency Final Order on SSI can only be challenged in the
[[U.S. Circuit Court of Appeals]].
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An agency Final Order on SSI can only be challenged in the
[[U.S. Circuit Court of Appeals]].
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Current revision
| This article or section needs to be wikified to
meet Wikipedia's quality standards. Please help improve this article with relevant internal links. (February 2007) |
Sensitive Security Information (SSI) is a specific category of sensitive but unclassified (SBU) information. In response to increasing threats against aviation security, including hijackings in the 1960s and 1970s, Congress required the FAA to create SSI to safeguard information that would be detrimental to transportation security if publicly released. The FAA issued the first SSI regulation (49 CFR part 1520) in December 1976.
In the aftermath of the September 11, 2001 attacks, the Transportation Security Administration (TSA) was created in the United States to take responsibility for the security of all modes of transportation. Included in the responsibilities of this new agency was the authority to designate information as Sensitive Security Information (SSI). [1] Originally housed in the Department of Transportation, TSA was transferred to the Department of Homeland Security as a result of the Homeland Security Act of 2002.
SSI is primarily information that would be detrimental to transportation security if publicly released (i.e. information that terrorists could use to plan an attack). The SSI regulation provides 15 specific SSI categroies and a 16th category that provides the TSA administrator the ability to designate additional information as SSI. The 15 categories are: 1. Security programs and contingency plans. 2. Security Directives. 3. Information Circulars. 4. Performance specifications. 5. Vulnerability assessments. 6. Security inspection or investigative information. 7. Threat information. 8. Security measures. 9. Security screening information. 10. Security training materials. 11. Identifying information of certain transportation security personnel. 12. Critical aviation or maritime infrastructure asset information 13. Systems security information. 14. Confidential business information. 15. Research and development. The SSI regulation requires that only covered persons with a need to know may have access to SSI. Generally, persons covered by the regulation have a need to know SSI when access to the information is necessary to carry out transportation security activities. Those with a need to know include persons outside of TSA, such as airport operators, airlines, vessel and maritime port owners, and other persons. SSI cannot be shared with the general public, and is exempt from disclosure under the Freedom of Information Act.
An agency Final Order on SSI can only be challenged in the U.S. Circuit Court of Appeals.
In the case of Chowdhury v. TSA, the ACLU has challenged the TSA's authority to withhold SSI from civil litigants and their attorneys in a Petition for Review pending before the U.S. Second Circuit Court of Appeals in New York. The ACLU is challenging the TSA's authority on 3 grounds: (1) whether TSA has the requisite statutory authority to withhold SSI from civil litigants and their attorneys, where TSA has determined that such disclosure would be detrimental to transportation security, (2) whether TSA's expert judgment to withhold SSI from civil litigants and their attorneys constitutes "actions committed to agency discretion by law" and (3) whether a TSA Final Order on SSI deprives the Plaintiff in this case of a constitutionally protected property interest without due process of law.
The Second Circuit has yet to rule on this case, after hearing oral argument from the parties in May 2005.
[edit] References
- ^ GAO-05-677 Report on SSI. The U.S Government Accountability Office (2005-06-29). Retrieved on 2005-06-29.
For Chowdhury v. TSA legal briefs, see, identitycrisis.name/?p=18

