News for hackers. Stuff that matters.

A comment on State Dept.: Clinton IT aide's email archive is lost. Parent comment

Re:State Dept.: Clinton IT aide's email archive is lost by gthtjtkt on Tuesday May 10, 2016 @10:58AM (#11667657)
> The emails also weren't classified at the time.

Information is born classified, markings are irrelevant. Clinton had to sign a document affirming her understanding of this in order to gain access to classified information in the first place.

As for the crimes she committed, here are a few good candidates:

    1.	Gross Negligence (doesn't require intent)
    2.	Espionage (requires knowledge you're compromising security; also chargeable as Gross Negligence)
    3.	Obstruction of justice
    4.	Perjury
    5.	Violation of the Federal Records Act
    6.	Violation of National Archive and Records Administration's regulations
    7.	Violation of Freedom of Information Act regulations
    8.	Materially False Statements to federal agents
    9.	Conspiracy (under 18 U.S. Code § 371)
[ Parent | on HN ]
Re:State Dept.: Clinton IT aide's email archive is lost by enraged_camel on Tuesday May 10, 2016 @11:31AM (#11667918)
>>Information is born classified, markings are irrelevant. Clinton had to sign a document affirming her understanding of this in order to gain access to classified information in the first place.

Exactly. I really wish the whole "it wasn't classified at the time" argument would die already.

[ Parent | on HN ]
Re:State Dept.: Clinton IT aide's email archive is lost by GVIrish on Tuesday May 10, 2016 @01:04PM (#11668709)
> Information is born classified, markings are irrelevant.

Not sure what you mean by this. An enormous amount of effort is expended in government to mark classified and confidential documents properly, set their disposition dates, record who classified it and why, and so forth.

Classification is not just determined at the time of the creation of a document/artifact, it can be changed as a result of being coupled with other information, or by changes in circumstances, or simply by different readings of by different people.

[ Parent | on HN ]
Re:State Dept.: Clinton IT aide's email archive is lost by uremog on Tuesday May 10, 2016 @01:17PM (#11668824)
Spending time marking it is just a means to an end. Even if you hide (or don't have) all the markings, it's still classified.

The end being, proper handling.

[ Parent | on HN ]