? on U / FOUO

[Short Field]

^^^ Look at eServices on the Member Search (restricted) module.  The top of the page states "For Offical CAP Use Only All other use is prohibited".  If it is good enough for National, it should work for you.  The info is NOT U/FOUO.

[desertengineer1]

So, on my squadron's website, I've got a password-protected member's only section.  The login page contains the standard 18 United States Code Section 2511 warning required by CAPR 110-1.

Within this section, I've a roster for our membership which contains names, addresses, phonenumbers, etc.  According to the OPSEC briefing, "Personal Information" is it's own bullet under "information not to be stored in publically accessable areas" - which it's not.

Am I good here?  Do I need to put some form of marking somewhere?  Mark the whole page?  Mark just the area with the rosters?  The documents themselves?  If something needs to be marked somewhere - should I just stick with what CAP says (i.e. U//FOUO), despite the discussion on the redundancy and stupidity of that specific qualification)?

According to AFI 33-332 (to which CAP is supposed to be also following in their regs) this is PII, which must be marked FOUO.

http://www.e-publishing.af.mil/shared/media/epubs/AFI33-332.pdf

HOWEVER, notice the reg only states it to be marked FOUO, not U//FOUO.  Again, this is an example of CAP doing a boneheaded herding instinct action rather than the correct one.

Yeah, this is splitting hairs between what DoD says vs. CAP.  I personally mark documents according to 5200-1R, AFI30-401, and AFI33-332, and forgo the "U".  It's already U.

From 33-332 Chapter 12:

12.1.3. Personal Information That Requires Protection. Following are some examples of information
that is not releasable without the written consent of the subject. This list is not all-inclusive.
12.1.3.1. Marital status (single, divorced, widowed, separated).
12.1.3.2. Number, name, and sex of dependents.
12.1.3.3. Civilian educational degrees and major areas of study (unless the request for the information
relates to the professional qualifications for Federal employment).
12.1.3.4. School and year of graduation.
12.1.3.5. Home of record.
12.1.3.6. Home address and phone.
12.1.3.7. Age and date of birth (year).
12.1.3.8. Present or future assignments for overseas or for routinely deployable or sensitive units.
12.1.3.9. Office and unit address and duty phone for overseas or for routinely deployable or sensitive
units.

[PhoenixRisen]

Roger.  Thanks!

[rebowman]

Very little of what CAP does can actually be considered FOUO - very little....

** CAP personnel information should be marked FOUO.  And, some of our ES/ HS missions.

Only documents that meet the following can be considered FOUO:

"related solely to the internal personnel rules and practices of an agency."

information "specifically exempted from disclosure by statute."

"trade secrets and commercial or financial information obtained from a person that is privileged or confidential."

"inter-agency or intra-agency memorandums or letters which would not be available by law to a party ... in litigation with the agency."

"personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy."

"records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings."

"records or information compiled for law enforcement purposes (the disclosure of which) would deprive a person of a right to a fair trial or an impartial adjudication.

personal information in law enforcement records the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy.

"records or information compiled for law enforcement purposes which could reasonably be expected to disclose the identity of a confidential source and information furnished by a confidential source."

to all law enforcement information which "would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcements investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law."

necessary to protect the physical safety of "any individual" when disclosure of information about him "could reasonably be expected to endanger his life or physical safety."

"contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions."

"geological and geophysical information an data, including maps, concerning wells."

[heliodoc]

Nice list rebowman

Now let's see ALL those CAP OPSEC frenzied folks tear down the list

Wait!  Most here all have been thru a law school or know more than the folks held real security clearances!!!

[desertengineer1]

Very little of what CAP does can actually be considered FOUO - very little....

** CAP personnel information should be marked FOUO.  And, some of our ES/ HS missions.

Only documents that meet the following can be considered FOUO:

"related solely to the internal personnel rules and practices of an agency."

This meets 5 U.S.C Sect 552,  (b)2, if it is Government information.  Data solely for CAP corporate purposes may be exempted under other laws and practices, but shouldn't be marked FOUO, since it is a government term.  Such data should be marked "CAP Proprietary" or equiv.

Sect (b)2:

(b)(2) EXEMPTION - Internal Personnel Rules and Practices

This exemption exempts from mandatory disclosure records "related solely to the internal personnel rules and practices of an agency." Courts have interpreted the exemption to encompass two distinct categories of information:

(a) internal matters of a relatively trivial nature--sometimes referred to as "low2" information; and

(b) more substantial internal matters, the disclosure of which would risk circumvention of a legal requirement--sometimes referred to as "high 2" information.

information "specifically exempted from disclosure by statute."

This is exemption (b)3:

(b)(3) EXEMPTION - Information Specifically Exempted by Other Statutes

This exemption incorporates the disclosure prohibitions that are contained in various other federal statutes. As originally enacted in 1966, Exemption 3 was broadly phrased so as to simply cover information "specifically exempted from disclosure by statute." The new Exemption 3 statute prohibits agencies from releasing under the FOIA any proposal "submitted by a contractor in response to the requirements of a solicitation for a competitive proposals," unless that proposal "is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal."

"trade secrets and commercial or financial information obtained from a person that is privileged or confidential."

This is exemption (b)4, handling instruction rules should be defined by the owner (CAP corporate) with reasons why.  This is a common mistake among our leadership.  If I make everything FOUO (or proprietary), it's easier.  As I said before, easy commonly becomes incorrect, and can do more harm in teh long run.

(b)(4) EXEMPTION - Trade Secrets, Commercial or Financial Information

This exemption protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential." This exemption is intended to protect the interest of both the government and submitter of information.

"inter-agency or intra-agency memorandums or letters which would not be available by law to a party ... in litigation with the agency."

This is exemption (b)(5).

(b)(5) EXEMPTION - Privileged Interagency or Intra-Agency Memoranda or Letters<

This exemption protects "inter-agency or intra-agency memorandums of letters which would not be available by law to a party ...in litigation with the agency." As such, it has been construed to "exempt those documents, and only those documents, normally privileged in the civil discovery context."

"personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy."

This, I believe, is (b)(6), but has recently been further strengthened by HIPA.

(b)(6) EXEMPTION - Personal Information Affecting an Individual's Privacy

This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information " would constitute a clearly unwarranted invasion of personal privacy." This exemption cannot be invoked to withhold from a requester information pertaining to the requester.

"records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings."

"records or information compiled for law enforcement purposes (the disclosure of which) would deprive a person of a right to a fair trial or an impartial adjudication.

personal information in law enforcement records the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy.

"records or information compiled for law enforcement purposes which could reasonably be expected to disclose the identity of a confidential source and information furnished by a confidential source."

to all law enforcement information which "would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcements investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law."

necessary to protect the physical safety of "any individual" when disclosure of information about him "could reasonably be expected to endanger his life or physical safety."

All of these are in the LE section, individually.  DoD 5200 also lays the rules for this as "Law Enforcement Sensitive"  Our work with CN requires additional statments and training so our members fully understand thier responsibilities here.  Failure to comply can get people killed.  of all the missions we do, I worry about this the most.


(b)7 EXEMPTION - Investigatory Records Compiled for Law Enforcement Purposes

As amended, this exemption protects from disclosure "records or information compiled for law enforcement purposes.

EXEMPTION 7(A) Records or information that could reasonably be expected to interfere with enforcement proceedings. This exemption authorizes the withholding of "records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings."

EXEMPTION 7(B) Disclosure which would deprive a person of a fair trial or an impartial adjudication. Records that would prevents prejudicial pretrial publicity that could impair a court proceeding, protects "records or information compiled for law enforcement purposes [the disclosure of which] would deprive a person of the right to a fair trial or an impartial adjudication."

EXEMPTION 7(C) Personal Information in Law Enforcement Records. This exemption provides protection for personal information in law enforcement records. This exemption is the law enforcement counterpart to Exemption 6, providing protection for law enforcement information the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy."

EXEMPTION 7 (D) Identity of a Confidential Source. This exemption provides protection for "records or information compiled for law enforcement purposes [which] could reasonably be expected to disclose the identity of a confidential source --including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis--and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source."

EXEMPTION 7(E) Circumvention of the Law. This exemption affords protection to all law enforcement information which "would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law."

EXEMPTION 7(F) Physical Safety to Protect a wide Range of Individuals. This exemption permits the withholding of information necessary to protect the physical safety of a wide range of individuals. Whereas Exemption 7(F) previously protected records that "would ...endanger the life or physical safety of law enforcement personnel," the amended exemption provides protection to "any individual when disclosure of information about him or her "could reasonably be expected to endanger [his/her] life or physical safety."

"contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions."

This is (b)8 - wording is as it is in USC.

"geological and geophysical information an data, including maps, concerning wells."

As worded in the USC.  I wish they had been more detailed why this is.  Anyone can buy a topo map and seem to be in violation.  But I think "wells" means energy, not water, and information tied to proprietary and other data such as national defense, prison yards, critical infrastructure, and the like.  The US Govt has a large investment in domestic energy companies, and has been lobbied heavily for protection of the same.  I learned some of the data I work with was marked Secret (the actual data, not the subject), rumored to be classified because it could be exploited by energy companies.  The difference between publicly known or observable, and that which needs to be protected usually will have proprietary ties to other DoD statutes.  But IMHO this section has little teeth.  If it did, we wouldn't be able to see Area 51 (and a few other interesting sights) on Google Maps.

[ol'fido]

^^^^

I think I speak for a lot of us when I say....HUH?

[rebowman]

^^^^

I think I speak for a lot of us when I say....HUH?

If documents do not contain information on any of the above FOIA exemptions, then the document CANNOT be marked FOUO. 

[N Harmon]

If documents do not contain information on any of the above FOIA exemptions, then the document CANNOT be marked FOUO.

The Civil Air Patrol is not an instrumentality of the federal government and therefore is not subject to FOIA. Which makes pretty much makes everything of ours open to being marked FOUO?

[Spike]

The Civil Air Patrol is not an instrumentality of the federal government and therefore is not subject to FOIA. Which makes pretty much makes everything of ours open to being marked FOUO?

CAP is an "instrumentality" of the FED when performing AFAM's, and other situations when hired out to other FED Agencies. 

Go to Pubs and Forms section of CAP's website, and read the material listed under "other publications".

Reading is a powerful tool, when you want to present facts!

[FW]

^^^^

I think I speak for a lot of us when I say....HUH?

If documents do not contain information on any of the above FOIA exemptions, then the document CANNOT be marked FOUO.

 

OK, let's go back to "CAP 101"  (that's CAP for beginners)

1.  CAP is a non profit corporation
2.  CAP is NOT in any way part of the government
3.  To protect the members when on AFAMs (USAF authorized missions), CAP is considered an "instrumentality of the government".  This allows members who are killed or injured some federal benefits.
4.  Any corporate information that is considered "sensitive" by the corporation may be labeled "FOUO".  
5.  Some missions require "confidential" labels when directed by our customers
6.  CAP is not required to adhere to "FOIA" statutes
7.  Any other "explanations" to the contrary are pure fictions.  

[N Harmon]

CAP is an "instrumentality" of the FED when performing AFAM's, and other situations when hired out to other FED Agencies. 

Go to Pubs and Forms section of CAP's website, and read the material listed under "other publications".

Reading is a powerful tool, when you want to present facts!

Do you happen to have a direct cite? Because according to CAP General Counsel, we most certainly are not an instrumentality of the Federal Government and thus not subject to FOIA:

http://capnhq.custhelp.com/cgi-bin/capnhq.cfg/php/enduser/std_adp.php?p_faqid=233

[sardak]

^^^^^
Title 10 US Code Section 9442 (b)(2)
The Civil Air Patrol shall be deemed to be an instrumentality of the United States with respect to any act or omission of the Civil Air Patrol, including any member of the Civil Air Patrol, in carrying out a mission assigned by the Secretary of the Air Force.

Mike

[desertengineer1]

OK, let's go back to "CAP 101"  (that's CAP for beginners)

1.  CAP is a non profit corporation
2.  CAP is NOT in any way part of the government
3.  To protect the members when on AFAMs (USAF authorized missions), CAP is considered an "instrumentality of the government".  This allows members who are killed or injured some federal benefits.
4.  Any corporate information that is considered "sensitive" by the corporation may be labeled "FOUO".  
5.  Some missions require "confidential" labels when directed by our customers
6.  CAP is not required to adhere to "FOIA" statutes
7.  Any other "explanations" to the contrary are pure fictions.  

NEGATIVE on 2 and 6.  How does "NOT in any way" explain USAF GS12 Liaison officers, IMA's or CAP-USAF?  Nice try.

Missions for DoD Customers that DO NOT meet exemptions will fall under FOIA, but will be handled by CAP-USAF (or their designated council).

5 will based on individual customer requirements, but if they are DoD or use any DoD classified information, they (and CAP if we are brought in the picture) must adhere to DoD 5200.  If you have ever signed an SF312, it is in blood until you assume room temperature.

7?  Not wasting much more time on this one.  If you don't take the time to read the rules (or take the training), stay out of the argument.

[FW]

^you're serious, aren't you DE1
I appreciate your thoughts on my post however, I'll stick with my statements.

Please don't confuse CAP with CAP-USAF. They are two different organizations which happen to work in symbiosis.  

CAP = Civilian non profit
CAP-USAF = Military.... Govt..... and, all that goes with it.

FOIA requirements are for CAP-USAF; as for budgetary requirements imposed by OMB circulars...... NOT CAP, thank you.

I sign many documents for CAP, the CAP/CFO and EX even sign more. They don't deal with FOIA, nor does our GC.  I could care less about it, as CAP IS NOT BOUND BY IT.

Nice try. Anyone else want to chime in on this?  

[Spike]

Nice try. Anyone else want to chime in on this?  

FOIA applies to CAP documents that are in possession by the USAF.  Such as AFAM material pertaining to funded missions, etc.  ONLY those CAP documents held by USAF though.  As a private Corporation I was under the impression that CAP only need to produce documents for public review pertaining to those outlined by the Federal Government governing openness and transparency.

This may be where people get confused.  CAP=business, CAP-USAF=FED.

FW....I agree with you.  I wish people would take time to read the documents they cite when backing up their beliefs.  Lets use FACT, not opinions or beliefs, and we will all be better off!

[RiverAux]

Just to throw a monkey wrench into the argument, some states have Freedom of Information Act laws that very well could apply to CAP depending on exactly how that law was written and what support, if any, CAP gets from the state. 

[FW]

Good point, River.  Some states consider "their" CAP as a state agency.  Some states support a CAP wing with a grant.  In either case, the only "reporting" requirement I know of is an accounting  of that support.  The report goes back to the state which, in turn, may report to the public.  CAP has no direct obligation to report to anyone other than it's members (or it's sponsor).   

IMHO, the term "FOUO" is a generally accepted one;  used for correspondence or information deemed to be kept within the organization.  Membership info, SS#'s are considered as "FOUO" in CAP.  Certain information pertaining to Radio Freqs, CN information, etc are also considered "FOUO".   There may be other reasons why "FOUO" may be found on information but, I think I'm beating this horse blanket a bit too much.

[RiverAux]

CAP has no direct obligation to report to anyone other than it's members (or it's sponsor).   

Depending on how the state law was written the general public may have a right to request documents from CAP.  It would be interesting to see what happened in such a state if a FOUO document was requested and we refused...

[RedFox24]

While I appreciate all the debate my original question still goes unanswered.

What obligation, if any, does a member of CAP have with FOUO marked documents given to them outside the CAP food chain regardless of if it is related to CAP or to another government agency. 

You all haven't answered the question, just debated the concept of FOUO.  What it means or doesn't mean and what is or is not really FOUO. 

From the debate it would appear that I have no obligation with anything marked FOUO, inside or outside of CAP, because FOUO means really nothing other than it is something that someone, real or imagined, has deemed "sensitive" or makes them feel real important or military by using FOUO on everything. 

However if you go take the FOUO training on line from CAP and then disagree with it, you automatically generate an email to your Wing CC and Squadron CC that you cant be around "sensitive" materials and you can retake the training in 6 weeks.

So FOUO training means nothing other than it is one of the silly check box membership requirements that HQ has developed to make us look like we are playing military again.  More fluff and window dressing over substance, again.

BTW this post is FUOUO (U being Un-) which is how I am going to start making my CAP correspondence with those who insist on using FOUO.