Born secret
Encyclopedia
"Born secret" and "born classified" are both terms which refer to a policy of information being classified
from the moment of its inception, usually regardless of where it was being created, usually in reference to specific laws in the United States
that are related to information that describes the operation of nuclear weapons.
It has been extensively used in reference to a clause in the Atomic Energy Act of 1946
, which specified that all information about nuclear weapon
s and nuclear energy
was to be considered "Restricted Data" (RD) until it had been officially declassified.
In the 1954 revision of the Act, the United States Atomic Energy Commission
was given the power to declassify entire categories of information.
The "born secret" policy was created under the assumption that nuclear information could be so important to national security that it would need classification before it could be formally evaluated. The wording of the 1954 act specified that:
Whether or not it is constitutional to declare entire categories of information pre-emptively classified has not been definitively tested in the courts.
When the legality of the born secret was directly challenged in a freedom of the press
case in 1979 (United States v. The Progressive
) where a magazine attempted to publish an account of the so-called "secret of the hydrogen bomb" (the Teller-Ulam design
) which was apparently created without recourse to classified information, many analysts predicted that the Supreme Court would, if it heard the case, reject the "born secret" clause as being an unconstitutional restriction of speech.
The government, however, dropped the case as moot before it was resolved.
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
from the moment of its inception, usually regardless of where it was being created, usually in reference to specific laws in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that are related to information that describes the operation of nuclear weapons.
It has been extensively used in reference to a clause in the Atomic Energy Act of 1946
Atomic Energy Act of 1946
The Atomic Energy Act of 1946 determined how the United States federal government would control and manage the nuclear technology it had jointly developed with its wartime allies...
, which specified that all information about nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
s and nuclear energy
Nuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...
was to be considered "Restricted Data" (RD) until it had been officially declassified.
In the 1954 revision of the Act, the United States Atomic Energy Commission
United States Atomic Energy Commission
The United States Atomic Energy Commission was an agency of the United States government established after World War II by Congress to foster and control the peace time development of atomic science and technology. President Harry S...
was given the power to declassify entire categories of information.
The "born secret" policy was created under the assumption that nuclear information could be so important to national security that it would need classification before it could be formally evaluated. The wording of the 1954 act specified that:
- 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.
Whether or not it is constitutional to declare entire categories of information pre-emptively classified has not been definitively tested in the courts.
When the legality of the born secret was directly challenged in a freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
case in 1979 (United States v. The Progressive
United States v. The Progressive
United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland is the name of a lawsuit against the magazine The Progressive by the U.S. government in 1979...
) where a magazine attempted to publish an account of the so-called "secret of the hydrogen bomb" (the Teller-Ulam design
Teller-Ulam design
The Teller–Ulam design is the nuclear weapon design concept used in most of the world's nuclear weapons. It is colloquially referred to as "the secret of the hydrogen bomb" because it employs hydrogen fusion, though in most applications the bulk of its destructive energy comes from uranium fission,...
) which was apparently created without recourse to classified information, many analysts predicted that the Supreme Court would, if it heard the case, reject the "born secret" clause as being an unconstitutional restriction of speech.
The government, however, dropped the case as moot before it was resolved.
External links
- Interview with George Stanford from 1994 on his experiences in the Progressive trial.