Restricted Data (RD) is a category of proscribed information, per National Industrial Security Program Operating Manual (NISPOM). Specifically, it is defined by the Atomic Energy Act of 1954 as:
The concept was initially introduced, with similar wording, in the Atomic Energy Act of 1946. It was added at a relatively late moment to the bill by its creators, after the Gouzenko affair was leaked to the press and caused a fear of loss of "the secret" of the atomic bomb, as well as fears that the Espionage Act of 1917 was not sufficiently adequate. [2]
The Atomic Energy Act of 1946 further specified that anyone who:
The act empowered and required the then-newly-created Atomic Energy Commission to regulate Restricted Data both internally and externally.
The fact that its legal definition includes "all data" except that already specifically declassified has been interpreted to mean that atomic energy information in the United States is born classified, even if it was not created by any agency of the U.S. government. [3] The authority of the United States Department of Energy (DOE) to implement this authority as a form of prior restraint was only once tested in court, with inconclusive results. [4] [5]
"Restricted Data" should not be confused with the classification category of "Restricted", a relatively low category of classification. "Restricted Data" is not a level of classification; rather, a document can be classified as Confidential, Secret, or Top Secret, while also containing "Restricted Data." In addition, a document containing Restricted Data could also contain Critical Nuclear Weapon Design Information (CNWDI). In this way, a document, for instance, could be classified as "Secret" (S), "Secret//Restricted Data" (S//RD), or "Secret//Restricted Data-Critical Nuclear Weapon Design Information" (S//RD-CNWDI) depending on the type of information a document contains.
Formerly Restricted Data (FRD) is a category also designated in the Atomic Energy Act of 1954. Despite its name, it does not mean that the information so designated is unclassified. It means that they have been downgraded specifically for the purpose of sharing among military agencies as "National Security Information". It is defined as "Classified information which has been removed from the Restricted Data category after DOE and the Department of Defense have jointly determined that it relates primarily to the military utilization of atomic weapons, and can be adequately safeguarded as national security information." [6]
The Federation of American Scientists (FAS) is an American nonprofit global policy think tank with the stated intent of using science and scientific analysis to attempt to make the world more secure. FAS was founded in 1946 by scientists, including some who worked on the Manhattan Project, to develop the first atomic bombs. The Federation of American Scientists states that it aims to reduce the amount of nuclear weapons that are in use, and prevent nuclear and radiological terrorism. It says it aims to present high standards for nuclear energy's safety and security, illuminate government secrecy practices, as well as track and eliminate the global illicit trade of conventional, nuclear, biological and chemical weapons.
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance with a need to know. Mishandling of the material can incur criminal penalties.
The Smyth Report is the common name of an administrative history written by American physicist Henry DeWolf Smyth about the Manhattan Project, the Allied effort to develop atomic bombs during World War II. The subtitle of the report is A General Account of the Development of Methods of Using Atomic Energy for Military Purposes. It was released to the public on August 12, 1945, just days after the atomic bombings of Hiroshima and Nagasaki on August 6 and 9.
Since their public debut in August 1945, nuclear weapons and their potential effects have been a recurring motif in popular culture, to the extent that the decades of the Cold War are often referred to as the "atomic age".
The Atomic Energy Act of 1946 determined how the United States would control and manage the nuclear technology it had jointly developed with its World War II allies, the United Kingdom and Canada. Most significantly, the Act ruled that nuclear weapon development and nuclear power management would be under civilian, rather than military control, and established the United States Atomic Energy Commission for this purpose.
United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland, 467 F. Supp. 990, was a lawsuit brought against The Progressive magazine by the United States Department of Energy (DOE) in 1979. A temporary injunction was granted against The Progressive to prevent the publication of an article written by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954.
A thermonuclear weapon, fusion weapon or hydrogen bomb (H bomb) is a second-generation nuclear weapon design. Its greater sophistication affords it vastly greater destructive power than first-generation nuclear bombs, a more compact size, a lower mass, or a combination of these benefits. Characteristics of nuclear fusion reactions make possible the use of non-fissile depleted uranium as the weapon's main fuel, thus allowing more efficient use of scarce fissile material such as uranium-235 or plutonium-239. The first full-scale thermonuclear test was carried out by the United States in 1952, and the concept has since been employed by most of the world's nuclear powers in the design of their weapons.
The Commission on Protecting and Reducing Government Secrecy, also called the Moynihan Commission, after its chairman, U.S. Senator Daniel Patrick Moynihan, was a bipartisan statutory commission in the United States. It was created under Title IX of the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 to conduct "an investigation into all matters in any way related to any legislation, executive order, regulation, practice, or procedure relating to classified information or granting security clearances" and to submit a final report with recommendations. The Commission's investigation of government secrecy was the first authorized by statute since the Wright Commission on Government Security issued its report in 1957.
"Born secret" and "born classified" are both terms which refer to a policy under the system of law in the United States of information being classified from the moment of its inception, usually regardless of where it was created, and usually in reference to specific laws in the United States that are related to information that describes the operation of nuclear weapons. The concept is not limited to nuclear weapons, and other ideas and technologies may be considered as born secret under law. There are no other areas of United States law where it is illegal to discuss publicly-available information. In 2006, the United States Department of Energy themselves noted that the born secret/classified doctrine was controversial.
The Teller–Ulam design is a technical concept behind modern thermonuclear weapons, also known as hydrogen bombs. The design – the details of which are military secrets and known to only a handful of major nations – is believed to be used in virtually all modern nuclear weapons that make up the arsenals of the major nuclear powers.
Critical Nuclear Weapon Design Information is a U.S. Department of Defense (DoD) category of Top Secret Restricted Data or Secret Restricted Data that reveals the theory of operation or design of the components of a thermonuclear or fission bomb, warhead, demolition munition, or test device. Specifically excluded is information concerning arming, fuzing, and firing systems; limited life components; and total contained quantities of fissionable, fusionable, and high explosive materials by type. Among these excluded items are the components that DoD personnel set, maintain, operate, test or replace. The sensitivity of DoD CNWDI is such that access is granted to the absolute minimum number of employees who require it for the accomplishment of assigned responsibilities on a classified contract. Because of the importance of such information, special requirements have been established for its control.
The Invention Secrecy Act of 1951 is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present an alleged threat to the economic stability or national security of the United States.
Special nuclear material (SNM) is a term used by the United States Nuclear Regulatory Commission to classify fissile materials. The NRC divides special nuclear material into three main categories, according to the risk and potential for its direct use in a clandestine nuclear weapon or for its use in the production of nuclear material for use in a nuclear weapon.
Richard Greening Hewlett was an American public historian best known for his work as the Chief Historian of the United States Atomic Energy Commission.
The United States government classification system is established under Executive Order 13526, the latest in a long series of executive orders on the topic of classified information beginning in 1951. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the regulations codified to 32 C.F.R. 2001. It lays out the system of classification, declassification, and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments.
Q clearance or Q access authorization is the U.S. Department of Energy (DOE) security clearance required to access Top Secret Restricted Data, Formerly Restricted Data, and National Security Information, as well as Secret Restricted Data. Restricted Data (RD) is defined in the Atomic Energy Act of 1954 and covers nuclear weapons and related materials. The lower-level L clearance is sufficient for access to Secret Formerly Restricted Data (FRD) and National Security Information, as well as Confidential Restricted Data and Formerly Restricted Data. Access to Restricted Data is only granted on a need-to-know basis to personnel with appropriate clearances.
An L clearance is a security clearance used by the United States Department of Energy (DOE) and Nuclear Regulatory Commission for civilian access relating to nuclear materials and information under the Atomic Energy Act of 1954. It is equivalent to a United States Department of Defense (DOD) Secret clearance.
The withdrawal of previously declassified U.S. federal records is a process in which agencies can remove records from public access that they believe were incorrectly declassified and made available to the public at the National Archives and Records Administration. The process is often referred to as "reclassification," but because the records were never properly declassified and remained classified even when made publicly available, they are not re-classified.
Alex Wellerstein is a historian of science at the Stevens Institute of Technology who studies the history of nuclear weapons. He is the creator of NUKEMAP.