IN THE FIRESTONE SENATE
May 21, 2023
Classification Act of 2023
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY & ENACTMENT
(a) Should any part of this act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
(b) This act shall enter into effect 14 days after its passage by the constitutionally required processes.
SECTION 2 - NULLIFICATIONS
(a) An Act for the Betterment of Classification shall be declared null and void in its entirety.
(b) Sections 13 and 14 of Chapter 6 of the Firestone Criminal Code shall be declared null and void in their entirety.
SECTION 3 - CLASSIFICATION LABELS / PROVISIONS / DEFINITIONS
(a) Materials and documents may have labels that exhibit their status, they shall include:
(a1) “Classified” shall signify that the material or information has been classified and is not public information; and
(a2) “Declassified” shall signify that the material or information was once classified and is now public information; and
(a3) “Unclassified” shall signify that the material or information has always been and remains public information.
(b) Levels of Classification and “classified” must be conspicuously placed in/on, or exhibited alongside, each classified material, however, shall not be required to be placed in/on or alongside classified information if it does not have a physical component, it is being sent via a communication method that is already lawfully classified, it was transmitted before the classification designation, or it is within a classified parent document that has its level properly identified. All classification designations must also include a classification level for the material or information. Failure to properly identify material or information with its level when transmitting it shall not remove or alter its classification status. The levels of classification, and their definitions, (in the order of lowest to highest) shall be:
(b1) “Public” or “Public Information” shall mean that the material or information is not classified and may be freely shared and released to any individual; and
(b2) “Official Use” shall mean that the material or information is not classified, however, may not be appropriate to share or release to those who were not given access initially; and
(b3) “Confidential” shall mean that the material or information is classified and may hinder, obstruct, compromise, or damage legitimate operations of one or more departments that the material or information is relevant to if it is released to unauthorized individuals; and
(b4) “Secret” shall mean that the material or information is classified and will hinder, obstruct, compromise, or damage legitimate operations of one or more departments that the material or information is relevant to if it is released to unauthorized individuals; and
(b5) “Top Secret” shall mean that the material or information is classified and it will hinder, obstruct, compromise, or damage legitimate operations of one or more departments that the material or information is relevant to or accessed by and it will compromise matters of state security or damage the state’s overall security if it is released to unauthorized individuals.
(c) Classification levels shall only be placed on materials and information if they meet the requirements for such level and no material or information shall be classified unless it meets the requirements for one or more classification level.
(e) Materials and Information that are lawfully classified may be restricted from the general public and the State of Firestone shall have the authority and power to enforce such restriction.
(f) Any classified material or information that is classified at the time of this act’s enactment need not be reclassified and shall remain classified unless it may no longer be classified per this act or is declassified.
(g) For the purposes of this act, the following shall be defined:
(g1) “Agent” shall be defined as an individual acting in an official capacity on behalf of a government agency or any individual acting at the behest of a government agency.
(g2) “Agency” and “Department” shall be defined as a legitimate government organization that is recognized by law.
SECTION 4 - CLASSIFICATION CATEGORIES
(a) The classification categories shall be defined in the subsections of section 4b of this act. Each category has materials and information within them that may be classified. The material and information within the categories shall be the only material and information able to be classified under each respective category. No material or information shall be classified unless it fits critera within section 4 of this act.
(b) The following shall be defined as classification categories:
(b1) “Operational Documentation”, which shall include procedures, policies, documents, files, and databases relating to intelligence, tactical, military, or security operations; and
(b2) “Operational Material”, which shall include plans, tactics, and methods utilized in, or relating to, intelligence, tactical, military, or security operations, as well as any media created by agents during an intelligence, tactical, military, or security operation; and
(b3) “Communications”, which shall include radio channels, cryptology, and Discord channels utilized in intelligence, tactical, military, or security operations, as well as radio and Discord channels that are used for distributing or discussing information or material that is lawfully classified, as well as communications relating intelligence, tactical, military, or security operations; and
(b4) “Training”, which shall include training curriculums or preparations and exams utilized by departments to train or test their agents in intelligence, tactical, military, or security operations; and
(b5) “Facilities”, which shall include locations, media, floor plans, vulnerabilities, defenses, and purposes of facilities utilized for intelligence, tactical, military, or security operations; and
(b6) “Units”, which shall include the purposes and activities of a unit if they relate to intelligence, tactical, military, or security operations and the unit’s primary task is to conduct intelligence, tactical, military, or security operations; and
(b7) “Capabilities”, which shall include military attack and defense capabilities, as well as intelligence capabilities; and
(b8) “Equipment”, which shall include the vehicles, weapons systems, and devices utilized for intelligence, tactical, military, or security operations; and
(b9) “Assets”, which shall include the locations and identities of human intelligence assets or sources and the locations and identities of agents who are actively partaking in an intelligence, tactical, military, or security operation; and
(b10) “Foreign Government/Diplomacy”, which shall include communications or documents pertaining to active diplomatic affairs; and
(b11) “Whistleblowers”, which shall include the identity of and any report filed by an individual who acted in accordance with section 6b of this act; and
(b12) “State Criminal Investigations”, which shall include documents, files, databases, and communications pertaining to an active or past criminal investigation that was, or is actively being, performed or overseen by the Department of Justice or the Firestone Bureau of Investigation.
SECTION 5 - CONSENT OF CLASSIFICATIONS & POWERS OF THE GOVERNOR
(a) The Governor shall be obligated to create and maintain a Consent of Classifications.
(a1) The Governor shall be the sole authority who edits and maintains the Consent of Classifications.
(a2) The Consent of Classifications must be publicly accessible and a public announcement must be made if it is updated or edited.
(b) The Consent of Classifications shall maintain a list of individuals and/or government positions who are authorized to classify material and information.
(b1) If a specific Individual is listed, the office(s) and position(s) they hold regarding their ability to classify material and information must be specified.
(b2) The type of material and information the individual or government position may classify may be restricted by the Consent of Classifications or through other Executive Order(s). If done through other Executive Order(s), they must be accessible via the Consent of Classifications.
(c) The Consent of Classifications shall maintain a list of individuals and/or government positions who are authorized to declassify material and information.
(c1) If a specific Individual is listed, the office(s) and position(s) they hold regarding their ability to declassify material and information must be specified.
(c2) The type of material and information the individual or government position may declassify may be restricted by the Consent of Classifications or through other Executive Order(s). If done through other Executive Order(s), they must be accessible via the Consent of Classifications.
(d) The Governor shall make procedures and policies regarding how classified information is shared between departments and with other individuals or groups. The Governor shall also make procedures and policies regarding who can access certain or all material or information that is classified.
(d1) These procedures and policies shall be within the Consent of Classifications unless they are within a separate Executive Order, in which case the separate Executive Order must be accessible via the Consent of Classifications and must be conspicuously labeled.
(e) The Governor shall have undeniable access to, and control regarding, all classified information, however, must act in compliance with relevant law.
(e1) The Governor may declassify any material or information. The Governor may also classify any information that meets the requirements be classified set forth by relevant law.
(f) There shall be provisions that apply to all classified information.
(f1) If materials or information no longer meet the requirements in section 3b or section 4b of this act, they must be declassified, except when the material or information would compromise the location or identity of a human intelligence asset or source if released to unauthorized individuals or if it was provided by a human intelligence asset or source.
(f2) Material and information that is within operational documentation or another classified material that does not relate to, or involve, intelligence, tactical, military, or security operations or state criminal investigations shall not be classified (unless that specific material or information is otherwise permitted to be classified by section 4b of this act), regardless of the classification status and level of the documentation or material.
(f3) Material and information shall only be classified and declassified by an authorized department or unit member if the material or information is corroborative to the department’s or unit’s purpose and/or official duties. This shall not apply to individuals authorized by the Governor to lawfully classify and/or declassify any information or material.
(f4) Any legitimate government department head, or any employee thereof that is authorized by the department head, may label and designate materials and information as “Official Use Only”, “Public”, and “Public Access” without being authorized to do so within the Consent of Classifications. Only individuals authorized to classify information by the Consent of Classifications may label and/or designate materials and information as “Confidential”, “Secret”, and “Top Secret”, unless otherwise restricted by the Consent of Classifications or an Executive Order.
(f5) The classification or declassification of material or information by an individual not authorized to do so by the Consent of Classifications or by this act shall not be recognized and shall not have any legal standing.
(f6) The County Executive shall have undeniable access to any information classified by a department overseen by the County Executive. It shall be at the discretion of the Governor, or any person designated by Executive Order, to decide if the County Executive is authorized to view classified material and information that is shared with a department that the County Executive oversees and is classified by a state-level entity.
(f7) A classified material shall only be classified at the level of the highest classified information contained. A material that is fully or partially redacted shall be reclassified to only the highest level of classified information visible. This shall not apply for material or information that is classified pursuant to section 5f8 of this act.
(f8) If material or information within another classified material exists (the material or information within shall hereinafter be considered “child material or information” and the material that contains the child material or information shall hereinafter be considered “parent material”), it shall assume the level and status of classification that its parent material has, as long as the child material or information can be lawfully classified, in accordance with this act; hasn’t already been shared to any person that wouldn’t have access to the parent material; and is relevant or related to the parent material. The child material or information must still follow the leveling guidelines set forth in section 3b of this act. This section shall not prohibit or restrict the declassification or classification of the child material by an authorized individual. If the child material or information is removed from the parent material then it shall be declassified after 120 hours have passed, unless it has been classified or has already been declassified by an authorized individual.
SECTION 6 - POWERS OF THE ATTORNEY GENERAL
(a) The Attorney General shall be empowered to investigate and deter the misuse of classification under this act.
(a1) Upon establishing probable cause that classified material or information was classified in violation of this act, they may demand to see the classified material or information with a written request to the individual who classified it (unless the individual no longer holds the authority to declassify the information, in which case the Attorney General shall order an individual who oversees or controls the classified material or information). Failure to comply with the demand of the Attorney General within 48 hours shall be considered Obstruction of Justice and shall allow the Attorney General to forcibly declassify the information, whether it was legally classified or not.
(a2) If the Attorney General finds that the material or information was classified in violation of this act by a preponderance of the evidence, they shall order the individual who classified it to declassify it or otherwise change the classification level (unless the individual no longer holds the authority to declassify the information, in which case the Attorney General shall order an individual who oversees or controls the classified material or information). If the individual fails to declassify it within 48 hours, they may be held criminally liable and the Attorney General shall then forcibly declassify the material or information.
(a3) The Attorney General may use any legal means necessary to ensure that classified info that is ordered to be declassified, in accordance and compliance with this act, is declassified.
(b) Any whistleblower who reports a possible unlawful classification of material or information to the Attorney General shall be exempt from all criminal liability that would prevent them from doing so in a reasonable manner.
SECTION 7 - UNLAWFUL CLASSIFICATION
(a) Chapter 6, Section 13 of the Firestone Criminal code shall be established, titled “§13 - Unlawful Classification of Information”, and shall state: "
(a) Unlawful classification of information shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) The act of unlawful classification of information shall be the act of declaring material or information classified without the proper authorization or authority required to do so as set forth by law and executive policy, declaring material or information that does not meet requirements to be lawfully classified as set forth by law, or failing to declassify or alter the level applied to material or information after being ordered to do so by the Attorney General who acted in accordance with relevant law within 48 hours of the order.
(b) A subject who utilizes “Confidential” as a marker to designate information as private shall not be subject to this section for doing so, as long as they do not otherwise imply that the information is classified."
(b) Chapter 6, Section 13 shall be a Class C Felony and a courts-only offense.
SECTION 8 - UNLAWFUL DISTRIBUTION
(a) Chapter 6, Section 14 of the Firestone Criminal code shall be established, titled “§14 - Unlawful Distribution of Classified Information”, and shall state: "
(a) Unlawful distribution of classified information shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) The act of unlawful distribution of classified information shall be the act of knowingly or negligently releasing or sharing legally classified material or information to an individual who is not authorized by relevant law or executive policy (that is enacted in compliance with relevant law) to view such, except in cases where a reasonably prudent person would have no reason to believe the material or information was classified when they released or shared it.
(b) There shall be a variable sentencing and class range for this section.
(b1) If a subject violates this section with respect to classified material or information that is “Confidential”, it shall be classed as a Class C Felony and, if subject to arrest, shall carry a jail time of 600 seconds.
(b2) If a subject violates this section with respect to classified material or information that is “Secret”, it shall be classed as a Class B Felony and, if subject to arrest, shall carry a jail time of 700 seconds.
(b3) If a subject violates this section with respect to classified material or information that is “Top Secret”, it shall be classed as a Class A Felony and, if subject to arrest, shall carry a jail time of 900 seconds."
SECTION 9 - UNLAWFUL POSSESSION
(a) Chapter 6, Section 21 of the Firestone Criminal code shall be established, titled “§21 - Unlawful Possession of Classified Information”, and shall state: "
(a) Unlawful possession of classified information shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) The act of unlawful possession of classified information shall be the act of
(a1a) knowingly possessing or accessing classified material or information without authorization from relevant law or executive policy to do so and failing to report the possession or access of such material or information to the Attorney General within 24 hours of the initial knowledge of possession or access; or
(a1b) failing to remove classified material or information from one’s possession or accessibility (only if possible) within 48 hours of an order from the Attorney General to do so."
(b) Chapter 6, Section 21 of the Firestone Criminal Code shall be a Class A Misdemeanor and shall carry a jail time of 500 seconds.
SECTION 10 - TERMINOLOGY FIX
(a) Section 13a(iv) of the Commerce Act of 2020 currently states:“(iv) Any information uncovered by the Department or an employee thereof due to this access that does not reasonably show a violation of commerce regulation or law shall be confidential and may not be released by the Department without the permission of the business, except to comply with a court order.”
(a1) Section 13a(iv) of the Commerce Act of 2020 shall be amended to state: “(iv) Any information uncovered by the Department or an employee thereof due to this access that does not reasonably show a violation of commerce regulation or law shall not be released by the Department without the permission of the business, except to comply with a court order.”
(b) Section 8b(ii) of the Freedom of Information Act currently states: “(ii) Information that is designated by law as confidential or otherwise exempt from release;”
(b1) Section 8b(ii) of the Freedom of Information Act shall be amended to state: “(ii) Information that is explicitly exempted from release by law;”
CHIEF-SPONSOR
Mega_Goalie16, Senator & Supervisory Special Agent of the Criminal Investigation Service (Author)
hxppyteddyy, Senator & Supervisory Special Agent of the Criminal Investigation Service (Advised & assisted)
CO-SPONSOR
Confussled, Representative (Assisted in revisions)
dadudeds, Solicitor General (Assisted in revisions)
Kamraxn, Governor
Stamose, Attorney General
Tor_Laws, Deputy Attorney General
CoolpilotCaio1, Chief of Staff to the Governor
6x6bones, Special Agent in Charge of the Criminal Investigations Service
Bjohn323, Director of the Firestone Bureau of Investigations
IceyTrigger, Lieutenant Colonel of the Firestone State Patrol
Co55ie, Commanding Officer of the Special Weapons and Tactics Team
EvayLaws, Secretary of State
Antador, Major General of the Firestone National Guard
1superchris2, Advisor to the Governor
L_3ee, Speaker of the House
Clonemep, Secretary of Commerce