F-16.net

F-16.net Webmaster Joined: May 23, 2003 Posts: 2299

WARNING

Intentional or unintentional disclosure of classified information, whether or not the individual had knowledge that such information was classified, is prohibited by USC Title 18 Ch 37 Secs 793, 798 and is punishable by law. This site is monitored by the applicable authorities.

Statute:

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information -

(b) As used in subsection (a) of this section -

The term "classified information" means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;

The terms "code," "cipher," and "cryptographic system" include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;

The term "foreign government" includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;

The term "communication intelligence" means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

The term "unauthorized person" means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.

(c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

(d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law -

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply to -

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Full text: http://uscode.house.gov/download/pls/18C37.txt

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Elite Joined: Mar 26, 2004 Posts: 656 Status: Offline

Right on!

Well said.........

I know that we all like to talk about our job's and experiences here but sometimes the conversation goes a little too far.

"whether or not the individual had knowledge"

That's got to hurt

Elite Joined: Jun 29, 2004 Posts: 961 Status: Offline

Not that I advocate the release of classified information to folks not cleared Smile

but I do need to point out that the statute says "knowingly and willfully communicates"...that means he has to know it is classified information to be breaking the law. Now, it has always been my belief that shouldn't matter (like the old saying "ignorance of the law is no excuse") because it encourages one to be lazy and not verify the classification of something. However, despite my personal views on the subject, many folks have gotten away with it because of this very phrase.

In other words, if you truly do not know and are merely speculating, that's fine and legal (but be careful...if you are in a position where you are cleared to something and have access to it, it may be hard to prove you did not know it).

In my position though, I try to make that distinction clear in my posts when I am speculating...

That said, not-so-common sense should prevail when discussing sensitive subjects.

Proud people like to talk, but we must be aware who is listening.

Isn't it funny that the guy that posted the USC Code is from Belgium?

Elite Joined: Sep 29, 2004 Posts: 922 Status: Offline

No, Lieven is the moderator. He defintetly wouldn't want this web page shut down by the US gov't because he can't control the flow of info on it.

-Aaron

Elite Joined: May 11, 2004 Posts: 2890 Status: Offline

flanker hater,

I know you don't mean anything negative by that, but Tengu's on the right track here Wink

. Lieven and Stefaan are the guys behind the entire idea that we know as F-16.net. The whole team takes great pride in the top-notch level of content on this site and a big part of that is the people who fix and fly these great jets all over the world. The USAF is the world's largest operator and nobody wants to see Air Force personnel banned from using the site due to someone's loose lips downing Vipers or other jets. The US Government can't shut the site down as it's not operated from U.S. soil, but it could sure shut down a great resource to the site!

Elite Joined: Sep 29, 2004 Posts: 922 Status: Offline

Quote:

The US Government can't shut the site down as it's not operated from U.S. soil

What? I thought the USAF new mission was to fly and fight in Air, Space and CYBERSPACE! Laughing

You mean we dont have little digital marines that can come on here and stick a satchel charge on this whole web page? How friggen misleading!

But yeah, Parrotheads right, there is nothing really legal the US Gov't can do but to ban personel from using websites like these. Although dont put the illegal stuff past our President too! WATCH OUT LIEVEN! :p Laughing

The thing is, the service members on here are probably the most valuable source of information for the site right now. Losing those members from the USAF would be a huge blow to F-16.net since there are so many of them.

-Aaron

Veteran Joined: Dec 28, 2004 Posts: 377 Status: Offline

I always find it interesting that people who are asking for technical information usually are in a location that either has a Lockheed Martin tech rep or has access to one. They must have some reason that they are not asking the Lockheed tech rep! People who have legitimate need for access to technical F-16 information always have an avenue to get it through their country's Foreign Liaison Officer (FLO) at Hill AFB or through an onsite or incountry Lockheed tech rep.

To me the real value of this web site is the "hands-on" and "there I was" narratives and experience shared by contributors to this forum. Some of the stories are great, and the shared experiences take me back to a day when we worked as a team to solve impossible problems despite insurmountable difficulties. There is a bond formed among people who shared the same experiences, and there is a special language and comradeship that only they will ever understand. Anybody who ever maintained or flew an F-16 is welcome at my house anytime, as well as those with a genuine interest in F-16s who did not have the opportunity to serve.

The only thing I have ever been disturbed about is some (very few instances) information that has clearly come from a technical order, all of which are clearly marked FOR OFFICIAL USE ONLY. For the most part I do not think that there is any information revealed here that is not in the public domain, as long as the F-16 has been around.

Does this seem like too small a deal to worry about classified information on a public forum? The folks who found themselves standing in front of a judge after sharing mp3 files through Napster probably didn't think it was a big deal either, or that no one would ever get around to prosecuting them.

Yeah Joe... Ya pounded COMSEC into my head often enough I still remember it.

William G

Elite Joined: May 14, 2004 Posts: 2945 Location: Utah

AFI 16-201 - Info to you all... so you know there are limits and a way to officially release information (Public Affairs or Foreign Disclosure Officer).

4.3. Processing Requests To Disclose Information. FDOs will coordinate disclosure proposals with offices having a functional interest in the information to be disclosed. This coordination ensures programmatic,
policy, operational, technology and security related issues are evaluated. Subject matter experts will be enlisted to provide assessments within their functional area.
4.4. Approving Requests To Disclose Information.
4.4.1. FDOs approve disclosure requests consistent with delegated disclosure authority. FDOs will ensure disclosure approvals are consistent with the formats at Attachment 6 and Attachment 7.
4.4.1.1. When continuing authority is appropriate, FDOs will assist Air Force proponents in requesting a new, or revising a current, DDL.
4.4.1.2. FDOs will forward requests through disclosure channels to SAF/IAPD when their delegated authority is exceeded. MAJCOM, FOA, and DRU FDOs will forward requests to SAF/IAPD when their authority is exceeded.
4.4.1.3. Requests must include the information required by paragraph 4.2.3.
4.4.2. FDOs include the following requirements in approvals to disclose information:
4.4.2.1. Removal of bibliographies, reference lists and distribution lists when these references are not, or would not be, approved for release to the recipient country.
4.4.2.2. The following statement must be stamped or typed on the front or cover page of documents containing CMI or CUMI:

“This information is furnished on the condition that it will not be released to another nation without specific authority of the Department of the Air Force of the United States, that it will be used for military purposes only, that individual or corporate rights originating in the information, whether patented or not, will be respected, that the recipient will report promptly to the United

20 AFI16-201 1 DECEMBER 2004
States any known or suspected compromise, and that the information will be provided substantially the same degree of security afforded it by the department of Defense of the United States.
Also, regardless of any other markings on the document, it will not be downgraded or declassified without written approval of the originating US agency.”
4.4.2.3. Include the following statement at the beginning of electronic media containing CMI or CUMI:
“This information is furnished on the condition that it will be given substantially the same degree of security protection given to it by the United States and will not be released to another nation without United States Air Force authorization.”
4.5. Actions Prior to Disclosing Information.
4.5.1. Air Force proponents will ensure all disclosures to foreign representatives are consistent with guidance received from the servicing disclosure office.
4.5.1.1. Air Force proponents will ensure any information not approved for disclosure is removed from material prior to transfer.
4.5.1.2. Air Force proponents must verify to the servicing FDO the date that disclosures of CMI and CUMI were made.
4.5.2. CMI must be transferred on a government-to-government basis. Such transfers may be made through government-to-government channels or other channels mutually agreed upon by the appropriate policy authorities of the sending and receiving governments. FDOs or Air Force proponents will use Air Force Form 349, Receipt for Documents Released to Accredited Representatives of Foreign Nations when transmitting CMI to a foreign government or international organization. Air Force organizations
releasing classified information maintain forms as prescribed in AFMAN 37-139, Records Distribution Schedule.
4.6. Documenting Disclosure Decisions. FDOs will document disclosures and denials of CMI and CUMI in the Foreign Disclosure System, unless this requirement has been exempted.
4.7. Disclosures Not Requiring FDO Authorization. Subject to all of the following conditions, Air Force personnel do not require FDO authorization to disclose unclassified information to which no access or distribution limitations have been applied:
4.7.1. The intended recipient is a representative of a foreign government or international organization and the information is being provided for an official United States Air Force purpose. (Note: Air Force personnel must ensure any information to be provided to the general public, including foreign nationals, must be released in accordance with the provisions of AFI 35-101, Public Affairs Policies and Procedures. A FOIA release determination, in accordance with DoDR 5400.7-R/AFSUP, DoD Freedom
of Information Act Program. must be made if a written request has been received for Air Force Records.), and
4.7.2. The information is unclassified and related to the roles, missions, doctrine, organization and general capabilities of the United States Air Force, MAJCOMs or any subordinate units, general information on the function, purpose and general capabilities and characteristics of defense equipment or general scientific, mathematical or engineering principles commonly taught in schools, colleges, or universities; and AFI16-201 1 DECEMBER 2004 21
4.7.3. The information is not CUMI; and
4.7.4. No access or distribution limitations have been applied to the information in accordance with applicable US or foreign laws or regulations, e.g., Freedom of Information Act; and
4.7.5. The disclosure is for information purposes only. There is no US government intent to sell, loan, lease, co-develop, or co-produce defense articles, participate in any operational or exercise activities, support any current foreign military sales or armaments cooperation program or assign foreign nationals to Air Force organizations; and
4.7.6. Originator consent for the disclosure is obtained; and
4.7.7. The following statement is conspicuously displayed at the front or beginning of the disclosed information, “This briefing, presentation, or document is for information only. No US Government commitment to sell, loan, lease, co-develop or co-produce defense articles or provide defense services is implied or intended.”

Elite Joined: May 14, 2004 Posts: 2945 Location: Utah

information security/website alert
unclassified//

dtg: 090427z aug 06

from pla: secdef washington dc

subject: information security/website alert

1. Effective immediately, no information may be placed on websites that are readily accessible to the public unless it has been reviewed for security concerns and approved in accordance with deputy secretary of defense memorandum web site policies and procedures december7,1998(http://www.defenselink.mil/webmasters/) and, as applicable, dod instruction (dodi) 5230.29, security and policy review of dod information for public release. command review procedures must also specifically address identification of for official use only (fouo) information and shall ensure all information is reviewed by personnel trained in operations security (opsec). this direction does not change the current procedures under which public affairs offices release information to the media or general public.

2. All personnel have the responsibility to ensure that no information that might place our service members in jeopardy or that would be of use to our adversaries is posted to websites that are readily accessible by the public. although not a finite list, such information includes, among other things, technical information, operational plans, troop rotation schedules, position and movement of u.s. naval craft, descriptions of overseas military bases,vulnerability of weapon systems or discussion of areas frequented by u.s. personnel overseas. special attention shall be given to identification of information that would facilitate circumvention of dod, component or command policies, rules, regulations or other significant guidance (e.g., orders, manuals, instructions, security classification guides). such information should be marked fouo and shall not be posted to websites accessible by the public. dod 5400.7-r, dod freedom of information act program, chapter 3, describes exemptions 2-9 and provides guidelines for the types of information that may qualify as fouo. as with classified information, it is the originator s responsibility to identify and mark information that may be fouo.

3. Blogs, or web logs, posted to public websites are increasingly used by military personnel as personal journals. commanders shall ensure subordinates are aware that, in accordance with dod directive 5230.9, clearance of dod information for public release, and the joint ethics regulation (dod 5500.7-r), personal blogs (i.e., those not having dod sponsorship and purpose) may not be created/maintained during normal duty hours and may not contain information on military activities that is not available to the general public. such information includes comments on daily military activities and operations, unit morale, results of operations, status of equipment, and other information that may be beneficial to adversaries.

4. In accordance with paragraph 6.2.7 of dodi 5230.29, security and policy review of dod information for public release, any information meeting the requirements of paragraph 6.1 of that instruction, including information regarding military operational plans, shall be reviewed and approved for release by the department of defense office of freedom of information and security review prior to posting on websites accessible to the public.

5. Where collaboration with non -dod personnel regarding unclassified official information will benefit the department, official chat rooms or collaboration sites shall be established and regulated through the use of positive technical controls such as proxy services and screened subnets in accordance with dodi 8500.2, information assurance (ia) implementation and approved by the designated approving authority (daa). collaboration can take place among dod personnel or among dod personnel and authorized non-dod personnel (including public members of the scientific community) within security and information dissemination guidelines (e.g., export control restrictions). non-dod personnel shall be authorized access to the chat room or collaboration site on a by-name basis by the dod sponsor in accordance with procedures established by the daa. user authentication shall be required for system access.

6. DoD personnel who engage in the unauthorized disclosure of u.s. government information may be subject to criminal and/or administrative action.

7. All command opsec managers, and webmasters who review information for public release via websites, shall receive web opsec training. public affairs specialists who review information for web posting shall receive web opsec training. opsec training is encouraged for those webmasters who work directly with website management or supervision. the inter agency opsec support staff (ioss) sponsors two appropriate courses, opsec and web content vulnerability and web risk assessment course. specific information regarding ioss training can be acquired from the ioss, 6411 ivy lane, suite 400, greenbelt, maryland 20770, (443) 479-4677,http://www.ioss.gov. other sources of training may be available locally.

8. Websites readily accessible to the public are defined as those that do not authenticate individual users and include those with access restricted solely by domain or ip address. questions may be forwarded, through command channels, to ousd(i), security directorate.

9. This is a joint deputy secretary of defense / vice chairman of the joint chiefs of staff message.

===============================================================

This was also sent to the F-16 Web Master for their consideration and further posting as a caution for all users (to help keep everyone honest and above board) and to assist their efforts.

Far much data collection takes place here, just consider that before you post anything specific or technical (that has not been released through Public Affairs or the News Media)....keep it clean boys and girls.

Meathook Out Salute

Meathook, I am glad to see that someone on this board seemes concerned with the level of sensitive information that comes out here on a daily basis. I have seen topics that go way over the edge when it comes to the release of sensitive information. When we start talking about deployment dates, aircraft numbers and tail numbers, troop numbers and specific deployment locations, I do not think that most people realize how much that puts not only the military members, but also their families in jeopardy. Keep up the good fight, but I for one would not be surprised if the moderators here will have to start censoring the posts before they make it to the site, in order for this site to remain alive.

I was actually thinking about this site during a recent trip overseas. An AFN they are constantly showing those annoying commercials and many of them deal with Opsec. They show the one where the two guys are in the bar talking about an upcoming deployment, and then the commercial makes reference to some terrorist messing with your family while you are deployed. The scary thing is that the information that they gave in the commercial is nothing compared to what is given out on this site on a daily basis. I have only been on this site for a few months, but it took about 2 days to start getting an uneasy feeling about alot of the posts I was reading. I think some of the problem may come from some of the younger airmen that we have on here that do not have a clue what an enemy really can do by piecing together seemingly unrelated pieces of information.

F-16.net

Forum: General

Warning regarding classified information