Systematization:U.S.Infrastructure of Classified Information Legislation and Its Implications
Recently,the United States has continuously exposed big confidentiality cases,involving individuals ranging from former or current presidents to retired soldiers,which on the one hand shows that the protection of state secrets is facing the challenges of the digital age,on the other hand,it also reveals the full coverage of the US confidentiality legal system. This paper argues that,as a pioneer in information technology and a cyber power in digital technology,the self-reflection and innovation of the US confidentiality legal system in keeping with the times reflect the development trend of future confidentiality legal systems,which is worth learning from when revising and improving confidentiality laws in China.The experience of the United States' rule of law in confidentiality indicates that,under the rapid development of digital technology,the national confidential legal system needs to establish a concept of classified information infrastructure that conforms to the characteristics of the times,and fully consider the security of endpoints,system environments,personnel and corresponding capabilities for establishing,maintaining,managing and destroying classified information,so as to actively respond to environmental changes and challenges caused by the application of network information technology. After World War Ⅱ,the United States modernized and reformed its classified information infrastructure through laws and regulations,constantly adjusting the delicate balance between information disclosure and confidentiality. Under the guidance of a series of executive orders of President Roosevelt,the classified information infrastructure was changed from wartime to peacetime. After the 9/11 incident,President Obama's Executive Order No. 13526 further transformed the confidentiality infrastructure,established a comprehensive controlled unclassified information system,and gradually formed a set of classified information security system construction. Different from other legal systems in the United States,presidential executive orders have become an important component and main source of the US confidentiality legal system due to their relatively simple and efficient legislative process. After legislation,the US government attaches great importance to the effective implementation of laws,that is,supporting regulations,requiring relevant departments to timely formulate or modify standards,manuals,and other normative documents for implementation. These standards and manuals are important tools for ensuring the effective implementation of confidentiality infrastructure laws,and also demonstrate the strong technical characteristics of their confidentiality infrastructure legal system.This paper proposes that for a long time,the legislation on confidential infrastructure in the United States has been guided by national security strategies,and focuses on supporting cooperation of related industries and enterprises. In cyber society,the relevant laws of the United States have also strengthened the connection between confidential infrastructure and cyber security;in the face of the new international security situation brought about by the Russia-Ukraine conflict,the flexibility of its confidentiality law also supports the transfer of security benefits under its strategic intention. The current status and trends of legislation on confidentiality infrastructure in the United States,as well as the flexible support of legal enforcement for strategy,have provided new ideas for the construction and improvement of China's confidentiality legal system from the legislative concept of confidentiality law,the modernization of confidentiality rule of law,and the standardized content and form of confidentiality legal system.
national securitycyber securityinfrastructure of classified informationconfidential legal systemcritical infrastructurecontrolled unclassified information systemtransfer of interests and benefits
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