A Department of Defense directive released earlier this month seeks to clarify instances where classified information may be declassified or disclosed to the press. The directive, “Congressional Notification for Authorized Public Disclosure of Intelligence Information,” was posted by the FAS Project on Government Secrecy.

The directive came about as a part of the FY2013 Intelligence Authorization Act. Leaks have become a prominent issue for the Obama Administration, which has come under fire for both disclosing leaks for national security gain as well as prosecuting an unprecedented number of employees through insider threat prevention programs.

The directive applies only to disclosures or declassification made for the purpose of notifying the press. FOIA requests or declassification that goes through common administrative procedures is not included. Congress noted that the directive is an attempt to distinguish between actual leaks, and incidents where information has been intentionally published.

FAS notes that the idea of ‘authorized disclosures’ of classified information is a bit of an anomaly.

“Although there is an allowance for emergency disclosures of classified information in order to address an imminent threat (section 4.2b of executive order 13526), there is no recognized authority for non-emergency disclosures of classified intelligence to the press or to anyone who does not hold a security clearance and who has not signed a non-disclosure agreement,” FAS notes.

That said, the act of revealing classified information, even by high-level officials, has been known to take place. The directive certainly adds to the current culture of animosity between the media and intelligence community, which has only grown deeper as major media outlets continue the slow deluge of information provided by leaker Edward Snowden.

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