Classified Information Procedures Act
Encyclopedia
The Classified Information Procedures Act or (CIPA, through ), is codified as the third appendix to Title
18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is 18 U.S.C. App. III. Sections 1-16.
that affected the Classified Information Procedures Act directly. The years in which the legislative revisions were made appear in bold text preceding the Public Laws that enacted them. The links to the codification and section notes may provide additional information about the legislative changes as well.
by criminal defendants
in possession of sensitive government secrets. "Gray mail" refers to the threat by a criminal defendant to disclose classified information
during the course of a trial. The gray mailing defendant essentially presented the government with a "Hobson's choice
": either allowed disclosure of the classified information or dismiss the indictment.
The procedural protections of CIPA protect unnecessary disclosure of classified information.
CIPA was not intended to infringe on a defendant's right to a fair trial
or to change the existing rules of evidence in criminal procedure, and largely codified the power of district courts to come to pragmatic accommodations of the government's secrecy interests with the traditional right of public access
to criminal proceedings. Courts therefore did not radically alter their practices with the passage of CIPA; instead, the Act simply made it clear that the measures courts already were taking under their inherent case-management powers were permissible.
CIPA, by its terms, covers only criminal cases. CIPA only applies when classified information is involved, as defined in the Act's Section 1.
18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is 18 U.S.C. App. III. Sections 1-16.
Legislative Revision History
The hidden table below lists the acts of CongressAct of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
that affected the Classified Information Procedures Act directly. The years in which the legislative revisions were made appear in bold text preceding the Public Laws that enacted them. The links to the codification and section notes may provide additional information about the legislative changes as well.
| USC Title 18 - Appendix - Sequence III - Classified Information Procedures Act | |
|---|---|
| EWLINE The summary history of CIPA's codification through legislation:
|
|
Applicable Presidential Executive Orders
, Apr. 06, 1982, 47 F.R. 14874, was rescinded by;, Apr. 17, 1995, , was rescinded after amended by;-
- }, Sept. 18, 1995, ,
- }, Nov. 19, 1999, ,, Mar. 25, 2003, , was rescinded by;, Dec. 29, 2009, , (current)
Purpose
The primary purpose of CIPA was to limit the practice of graymailGraymail
Graymail is the threatened revelation of state secrets in order to manipulate legal proceedings. It is distinct from blackmail, which may include threats of revelation against, and manipulation of, any private individual...
by criminal defendants
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
in possession of sensitive government secrets. "Gray mail" refers to the threat by a criminal defendant to disclose classified information
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...
during the course of a trial. The gray mailing defendant essentially presented the government with a "Hobson's choice
Hobson's choice
A Hobson's choice is a free choice in which only one option is offered. As a person may refuse to take that option, the choice is therefore between taking the option or not; "take it or leave it". The phrase is said to originate with Thomas Hobson , a livery stable owner in Cambridge, England...
": either allowed disclosure of the classified information or dismiss the indictment.
The procedural protections of CIPA protect unnecessary disclosure of classified information.
CIPA was not intended to infringe on a defendant's right to a fair trial
Fair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....
or to change the existing rules of evidence in criminal procedure, and largely codified the power of district courts to come to pragmatic accommodations of the government's secrecy interests with the traditional right of public access
Public-access television
Public-access television is a form of non-commercial mass media where ordinary people can create content television programming which is cablecast through cable TV specialty channels...
to criminal proceedings. Courts therefore did not radically alter their practices with the passage of CIPA; instead, the Act simply made it clear that the measures courts already were taking under their inherent case-management powers were permissible.
CIPA, by its terms, covers only criminal cases. CIPA only applies when classified information is involved, as defined in the Act's Section 1.
See also
- Silent witness ruleSilent witness ruleThe silent witness rule is the use of 'substitutions' when referring to sensitive information in the United States open courtroom jury trial system. The phrase was first used in US v. Zettl, in 1987. An example of a substitution method is the use of code-words on a 'key card', to which witnesses...
- evolved from the CIPA in the late 1900s/early 2000s - Venona (problems of using decrypted Soviet messages as evidence at court)
- State Secrets Protection ActState Secrets Protection ActThe State Secrets Protection Act, , was a bill first proposed in the U.S. Senate during the 110th Congress by Senators Kennedy, Leahy, and Specter on January 22, 2008. Senator Kennedy put out a press release explaining the rationale behind introducing the SSPA.Hearings were held before the Senate...
- Federal Tort Claims ActFederal Tort Claims ActThe Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...
- Thomas Andrews DrakeThomas Andrews DrakeThomas Andrews Drake is a former senior official of the U.S. National Security Agency , decorated United States Air Force and United States Navy veteran, computer software expert, linguist, management and leadership specialist, and whistleblower. In 2010 the government alleged that he 'mishandled'...
(Espionage Act case involving CIPA arguments)
External links
- 18 U.S.C. App. III. Sections 1-16, Legal Information Institute (LII), Cornell University Law School.
- Text of the Act