Att_5_-_ED601_-_Statutory _Legal _and_Regulatory_Basis_of_Defense_Security_Programs_DDD.pdf

Attachment 5

Final Detailed Design Document

Statutory, Legal, and Regulatory Basis of Defense

Security Programs (ED 601)

Developed for

The Department of Defense (DoD)

Defense Security Service (DSS)

Center for Development of Security Excellence (CDSE)

Education Division

Presented by

Carney, Inc.

Alexandria, VA

UNDER GSA SCHEDULE MOBIS SIN 874-4

Contract No. GS-02F-0137S

Order No. HS0021-11-F-0138

March 7, 2012

DSS CDSE Education Division Statutory, Legal, and Regulatory Basis of Defense Security Programs

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Contents

1 Introduction

1.1 The Requirement

1.2 Purpose of the Detailed Design Document

1.3 Organization of This Document

2 High-Level Course Design

2.1 Course Description/Overview

2.2 Credits Conferred

2.3 Target Audience/Prerequisites

2.4 Student Outcomes/Objectives

2.5 Delivery Method/Course Requirements

2.6 General Course Requirements

2.7 Grading

2.8 Activities, Exercises, and Research Projects

2.9 Incorporation of Feedback

2.10 Course Textbooks /Readings

2.11 Course Outline

3 Content Outline

3.1 Lesson 1: Course Overview, Team Lesson Assignments, and Research Topic

Introduction

3.2 Lesson 2: Review of Constitutional Delegation of Governmental Authority, Methods of Executing those Authorities, and the Legislative Process

3.3 Lesson 3: Legal Aspects of Personnel Security

3.4 Lesson 4: Legal Aspects of Information Security

3.5 Lesson 5: Legal Aspects of Physical Security

3.6 Lesson 6: Legal Aspects of Industrial Security

3.7 Lesson 7: Legal Aspects of Sensitive Compartmented Information and Special

Access Program Security, and Introduction to Practical Exercise Number 1

3.8 Lesson 8: Practical Exercise and After-Action Review

3.9 Lesson 9: Legal Aspects of Research and Technology Protection

3.10 Lesson 10: Legal Aspects of Operations Security

3.11 Lesson 11: Legal Aspects of Communication Security

3.12 Lesson 12: Legal Aspects of Counter-Intelligence Operations

3.13 Lesson 13: Effects of International Law on DoD Security Programs in Overseas

Areas and Introduction to Practical Exercise Number 2

3.14 Lesson 14: Practical Exercise and After-Action Review

3.15 Lesson 15: Legal Research Project Presentations

3.16 Lesson 16: Legal Research Project Presentations

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1 Introduction

1.1 The Requirement

The Defense Security Service (DSS) Center for Development of Security Excellence

(CDSE) has undertaken, through its Education Division, the responsibility to provide graduate-level education to security professionals designed to develop the future security leaders for the Department of Defense (DoD).

The purpose of this project is to design and develop an advanced, semester-long course that will provide an educational opportunity for mid-career security specialists to gain an in-depth knowledge and understanding of the statutory, legal, and regulatory basis of

DoD security programs. The course will be conducted via the Sakai Continuous Learning

Environment (CLE) and consists of readings, prerecorded lectures and presentations, a discussion forum, written assignments, and midterm and final exams.

1.2 Purpose of the Detailed Design Document

The purpose of this Detailed Design Document is to convey the learning objectives, topic outlines, and planned assignments for each week of the course. It also proposes the grading schema the instructor will use. This document proposes the organization of content to be delivered throughout the 16-week semester and details the instructional methods to be used for each week.

This detailed design will guide the development of the course materials.

1.3 Organization of This Document

The remainder of this Detailed Design Document is organized into several sections:

Components from of the High-Level Design Document:

o An overview of the course o A statement of the anticipated credits to be conferred o A list of prerequisite courses, if applicable o The terminal learning objectives of the course o The delivery method(s) to be used o General course requirements o Grading scheme for the course o A course outline showing how the course will unfold over the semester

Content outline detailing the topics, instructional methods, and assignments for each week

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2 High-Level Course Design

2.1 Course Description/Overview

“Security” is a very broad term with connotations that vary from person to person and profession to profession. For purposes of this course, we will concentrate on the security disciplines outlined in paragraph 3.1 of DoD Instruction 3305.13, dated December 18, 2007, entitled DoD Security Training:

a. This paragraph defines the core functions and responsibilities performed by security professionals to be concentrated in personnel, physical, information, and industrial security.

b. General functions performed by security professionals include communications security, counterintelligence awareness, security systems, international programs, operations security, research and technology protection, sensitive compartmented information security, special access program security, and security program policy.

With a focus on these functional areas, the Statutory, Legal, and Regulatory Basis of

Defense Security Programs (SLRDDS) course will examine the legal foundations that either mandate or imply a duty to protect or secure certain persons, property, or information within the DoD. The course will provide the security professional with an enhanced understanding of the legal requirements that both define and limit the execution of the security mission within the DoD area of worldwide responsibility.

2.2 Credits Conferred

This course will be designed to equate to three credit hours at the graduate level. The

American Council on Education (ACE) has not yet reviewed this course to determine credit recommendations. The course will be presented to ACE for credit recommendations in 2012.

2.3 Target Audience/Prerequisites

This course is intended for DoD civilian and military personnel who perform security leadership and management duties. It is assumed that all students will be prepared to take on graduate-level work in the security field. All students will be required to have achieved the Security Fundamentals Professional Certification (SFPC) under the DoD

Security Professional Education Development Program (SPēD).

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2.4 Student Outcomes/Objectives

This course will be designed to enable students to:

Describe the constitutional framework under which governmental responsibilities are delegated and laws are created within the United States

Analyze the fundamentals of laws and regulations governing the security of DoD personnel, property, and information

Evaluate the usefulness of applicable laws and regulations to the security professional in the accomplishment of his/her mission

Assess the effect of international legal principles on the execution of the DoD security mission in overseas areas

Apply applicable laws and regulations to various scenarios within which the DoD security professional might have to operate

Describe areas where laws or regulations hinder the effective delivery of security services within the DoD and recommend remedies

2.5 Delivery Method/Course Requirements

This is a graduate-level distance-learning course in legal theory and application. This course is not designed to produce law school-level experts; rather, its focus is on the practical application of appropriate legal theories. The course consists of readings, class participation, take-home assignments, and practical exercises. Class activities will consist of case studies, simulations, and other group activities conducted via the Sakai CLE.

The assigned course readings will draw from a variety of resources, such as authoritative readings (legislation, executive orders, policies, plans, and strategies), implementation readings (government products that are responsive or attempt to fulfill the requirements of authoritative documents), and external reviews (from the U.S. Government

Accountability Office, Congressional Research Service, or other agency or office).

Students are expected to familiarize themselves with the assigned topic and readings each week and should be prepared to discuss and debate them critically, as well as analyze them for biases and multiple perspectives.

2.6 General Course Requirements

Class participation is both important and required. If, due to an emergency, students are not able to respond to a discussion promptly in the week it is assigned, they must contact the instructor by e-mail and will be expected to post their response in the following week.

It is expected that assignments will be submitted on time (by midnight the day they are due). However, it is recognized that students occasionally have serious problems that prevent work completion. If such a dilemma arises, students should contact the instructor in a timely fashion.

The completion of all readings assigned for the course is assumed. Since class will be

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2.7 Grading

The following provides an approximate breakdown of how each assignment contributes to the overall performance in the class.

Category Weight Point Value

Class Participation 20% 200

Team Paper and Presentation 20% 200

Practical Exercise Execution 20% 200

Case Study, Presentation, and Private Journal 40% 400

Total 100% 1,000

A letter grade will be assigned to each graded assignment, following the grading scale below:

Letter Grade Point Range Percentage

A 900 -1000 90-100%

B 800-899 80-89%

C 700-799 70-79%

D 600-699 60-69%

F 599 and below 59% and below

Evaluation criteria for each graded assignment are listed below.

Element

Evaluated Evaluation Criteria

Excellent

90-100% Good

80-89%

Below Standards

70-79%

Failure

69 or below%

Content of paper, analysis, presentation, or project (40% of paper’s grade)

Critical thinking related to the issues, substance, points raised and arguments presented is very evident

Critical thinking is well demonstrated

Some critical thinking is shown but could improve

Critical thinking is not well demonstrated or not evident

Application of theory and knowledge to given facts (30%)

Application of theory and knowledge is very evident

A good understanding of theory and knowledge is shown

Some understanding of theory and knowledge is shown

Understanding of theory and knowledge is lacking in significant respects or absent Completeness

(15%) Assignment is complete in every aspect and exceeds requirements

Assignment is complete Assignment is mostly complete but missing some required elements

Assignment is missing major elements

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Element

Evaluated Evaluation Criteria

Excellent

90-100% Good

80-89%

Below Standards

70-79%

Failure

69 or below%

Terminology (5%) Use of terminology is correct in all instances

Terminology is mostly correct Multiple mistakes in terminology Correct terminology not used

Organization /

Style (5%)

Form (grammar, format, punctuation, spelling, logic) citation)

Organization is relevant to topic, clear and understandable with logical flow

Virtually error free.

Mostly relevant, clear, and logical

Few errors (one per page or less)

Unclear, Lacks relevance, is difficult to understand, or logic is missing.

Frequent Errors

(over one per page)

Disorganized, improper style.

Form errors endemic throughout.

2.8 Activities, Exercises, and Research Projects

2.8.1 Expectation for Participation (20%):

Participation includes preparing for class, participating in online class activities, participating in class exercises, and reflecting on the experience after class by way of a private journal to be submitted at the end of the semester. To achieve full credit for participation, learners must attend, participate, and reflect. Learners are expected to attend all classes; however, learners are permitted to miss two class sessions without it adversely affecting their final course grade. Class attendance in the context of this course is defined as participation in scheduled online activities.

2.8.2 Team Paper and Presentation (20%):

In partnership with another student, each student will be required to produce a 1000-

2000-word (2-4 typewritten pages) research paper and prepare a class presentation (post a

PowerPoint onto Sakai) on the legislative history of the security guidance governing one of the DoD security topics covered in this course.

2.8.3 Practical Exercise Execution (20%):

Two practical exercises have been programmed into the semester curriculum. These exercises are designed to allow the students to gain practical experience in the legal aspects of security functions. Students will be assigned roles in advance and will be required to research information necessary to allow them to speak with knowledge and authority from the perspective of their assigned role. At the conclusion of the exercise, an after-action review will be facilitated by the instructor.

Students will be expected to participate, take notes, and individually prepare an after-action report based on their understanding of the exercise results.

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2.8.4 Case Study, Presentation, and Private Journal (40%):

Each student will be required to choose a topic about which they will perform research, write a case study, and prepare a presentation for the class. A list of topics from which students might choose will be available, but students are also free to suggest a topic to the instructor for approval. Students are encouraged to select legal topics that relate to their current position or future career goals. Such a project would be designed to enhance the student’s value in the workplace and/or prepare the student to assume different or greater responsibility within the DoD. At the end of the semester, each student will post a

PowerPoint presentation summarizing the salient findings of his/her case study along with at least five discussion topics, about which other students will offer online comments.

Each student will also be required to maintain a private journal in which they record their observations of all class activities. This journal can include critiques, comments, and recommendations for improving the course.

2.9 Incorporation of Feedback

The course instructor will provide multiple opportunities for students to provide constructive feedback on course delivery and content over the period of the course.

Students will be afforded the opportunity to provide written feedback following each assignment, to include general feedback on the course or specific feedback on an individual assignment. Online feedback is also encouraged throughout the course, either through e-mail or through the course discussion forum. Finally, the instructor will provide written feedback to the students on all assignments.

2.10 Course Textbooks /Readings

There is no single textbook available that can address the instructional needs for this class. Consequently, the course will assign readings collected from multiple print and online resources. These will be available for download or for purchase as a collection of articles and book chapters.

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2.11 Course Outline

The following table outlines the 16-week course agenda.

Lesson/

Week Topics Deliverables

Course overview

Team lesson assignments

Research topic introduction (case study assignments)

None

Review of Constitutional delegation of governmental authority

Methods of executing those authorities

Legislative process

Review instructor presentation on Sakai

Study assigned readings and be prepared to discuss

Legal aspects of personnel security Review instructor presentation on Sakai

Study assigned readings and be prepared to discuss

Assigned team only: turn in

Team Paper

Legal aspects of information security

Review instructor presentation on Sakai

Study assigned readings and be prepared to discuss

Assigned team only: turn in

Team Paper

Legal aspects of physical security Review instructor presentation on Sakai

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Legal aspects of industrial security Review instructor presentation on Sakai

Study assigned readings and be prepared to discuss

Legal aspects of sensitive compartmented information and special access security program security

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

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Lesson/

Week Topics Deliverables

Practical Exercise and After-

Action Review

Study read-ahead material for PE

Legal aspects of research and technology protection

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Legal aspects of operations security

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Legal aspects of communications security

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Legal aspects of counterintelligence operations

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Impacts of international law on

DoD security programs in overseas areas and term paper presentations

Study assigned readings and be prepared to discuss.

Assigned team only: turn in

Team Paper

Practical Exercise and After-

Action Review

Study read-ahead material for PE

Term paper presentations Turn in case studies and private journals

16 Term paper presentations Turn in case studies

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3 Content Outline

3.1 Lesson 1: Course Overview, Team Lesson Assignments, and Research

Topic Introduction

1. Lesson Goals/Objectives:

At the end of this lesson, learners will be able to:

Describe the scope of the course, administrative requirements, instructional methodology, research requirements, evaluation criteria, and feedback processes

Describe the requirement to prepare a class presentation, in partnership with another student, on the legislative history of the security guidance governing one of the DoD security topics covered in this course

Describe the requirement to prepare a term research paper on one of the suggested topics or a topic of the student’s choice as approved by the instructor

Describe the requirement to maintain a private journal that reflects their experience with each lesson

2. Rationale:

This first lesson seeks to ensure that the students understand the course requirements and the need to collaborate on class presentations.

3. Discussion Questions:

What is the rationale for studying the security topics included in this course?

What should the security professional know about the origin of DoD security program guidance?

What is the requirement to research and prepare a class presentation?

What is the requirement to prepare a term paper?

4. Class Agenda:

Activity Duration

Review the syllabus and course requirements 20 minutes

Course Overview, Team Lesson Assignments, and Case Study Topic Introduction

60 minutes

Discussion 40 minutes

Total 120 minutes

[Note: These estimated durations will be further refined as the instructor proceeds with course materials development.]

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5. In-Class Activity:

Instructor will review course content and research requirements

Instructor will assign partners and topics for class presentations

Students will select term paper topics

6. Required Reading:

Department of Defense Instruction 3305.13, dated December 18, 2007, entitled DoD

Security Training.

7. Deliverables for Today:

None

8. Assignment for Next Time:

Read required readings and record any questions that you might have

Be prepared to comment on the posted PowerPoint presentation

9. Case Study Assignment:

Each student will select a topic about which they will perform in-depth research with a view toward gaining a superior knowledge of the events surrounding the incident(s).This research should include the legal and/or regulatory guidance extant at the time of the incident(s), an analysis of their effectiveness or lack of effectiveness, an evaluation of any legal or regulatory changes resulting from the incident(s), and an appraisal of their evolution and effectiveness to the present time. The appraisal should include recommendations for change or improvement if the student finds the current legal or regulatory guidance to be deficient.

Case study research excels at bringing us to an understanding of a complex issue or object and can extend experience or add strength to what is already known through previous research. Case studies emphasize detailed contextual analysis of a limited number of events or conditions and their relationships. Researchers have used the case study research method for many years across a variety of disciplines. Social scientists, in particular, have made wide use of this qualitative research method to examine contemporary real-life situations and provide the basis for the application of ideas and extension of methods. Researcher Robert K. Yin defines the case study research method as an empirical inquiry that investigates a contemporary phenomenon within its real-life context; when the boundaries between phenomenon and context are not clearly evident;

and in which multiple sources of evidence are used (Yin, 1984, p. 23).

An excellent starting point would begin with a reading of the national security case studies found at:

http://www.fjc.gov/public/pdf.nsf/lookup/ts100222.pdf/$file/ts100222.pdf

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3.2 Lesson 2: Review of Constitutional Delegation of Governmental

Authority, Methods of Executing those Authorities, and the Legislative

Process

Articulate the Constitutional separation of powers as it relates to national security

Distinguish between the President’s national security responsibilities as

Commander-in Chief, the Congress’ oversight responsibilities, and the Supreme

Court’s role as final arbiter

Articulate the sources of statutes, Executive Orders, and regulations as well as the weight of their respective guidance

This second lesson seeks to lay the foundation for understanding the origins of the various statutes, Executive Orders, regulations, and legal opinions that will impact each of the security fields to be studied.

What was the Framers’ vision for the division of responsibility in the Federal

Government for ensuring the security of the United States of America?

Which Constitutional provisions create a natural friction between the Executive and Legislative branches vis-à-vis national security?

Discuss the process of regulatory development from passage of legislation and/or issuance of an Executive Order to issuance of pertinent DoD guidance or guidance by another agency such as Department of Energy or Department of

State.

Discuss the relationship between statutes and regulations.

Review of syllabus 10 minutes

Review of readings 20 minutes

Review of Constitutional Delegation of

Governmental Authority, Methods of

Executing those Authorities, and the

Legislative Process

45 minutes

Discussion 45 minutes

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The instructor will use Sakai forums guide a discussion using the questions in paragraph

3. The goal of this activity is to ensure that the students have an understanding of the legislative process and the methods used to convert legislation into the various forms of policy guidance issued by the DoD. This activity will lay the ground work for the two-person student teams to do their research and prepare their presentations for future sessions covering the ten security topics to be studied in this course.

Dices, et. al., National Security Law, Fifth Edition, chapters 1-4, and chapter 5 pages 99-

111.

Maintenance of National Security and the First Amendment.

http://caselaw.lp.findlaw.com/data/constitution/amendment01/13.html

National Security Strategy (The White House) May 2010.

http://www.nationalsecuritylaw.net/Obama.National%20Security%20Strategy%2

0(May%202010).pdf

National Security Law Research, http://www.ll.georgetown.edu/guides/national_security.cfm

(This guide is intended as a starting point for research in U.S. federal military and national security law. It includes both primary and secondary materials, in both print and electronic formats. It covers topics such as military justice, border security, federal emergency and war powers, intelligence law, and the USA

PATRIOT and Homeland Security Acts. It does not cover veterans' law or state laws such as the state emergency powers acts. It also excludes international law.

When the Constitution and National Security Interests Collide: Investigations and Trials in a Post-9/11 World.

http://www.law.virginia.edu/html/alumni/uvalawyer/f07/constitutionandnationals ecurity.htm

Three Views of National Security and the Constitution (Jan. 16, 2007).

http://uchicagolaw.typepad.com/faculty/2007/01/three_views_of_.html

Assigned Two-Person Team: Given the basic documents governing the program, collaborate to produce a 1000-2000-word (2-4 typewritten pages) research paper outlining the legislative history of the DoD Personnel Security Program. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President http://caselaw.lp.findlaw.com/data/constitution/amendment01/13.html http://www.nationalsecuritylaw.net/Obama.National%20Security%20Strategy%20(May%202010).pdf http://www.nationalsecuritylaw.net/Obama.National%20Security%20Strategy%20(May%202010).pdf http://www.ll.georgetown.edu/guides/national_security.cfm http://www.law.virginia.edu/html/alumni/uvalawyer/f07/constitutionandnationalsecurity.htm http://www.law.virginia.edu/html/alumni/uvalawyer/f07/constitutionandnationalsecurity.htm http://uchicagolaw.typepad.com/faculty/2007/01/three_views_of_.html

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March 7, 2012 or Secretary of Defense in the implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and

PowerPoint presentation must be submitted to the instructor for review and approval three days prior to the next session.

All Other Students: Read required readings and record any questions that you might have. Be prepared to comment on the posted PowerPoint presentation.

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3.3 Lesson 3: Legal Aspects of Personnel Security

Articulate the sources of statutes, Executive Orders, and regulations related to

DoD’s personnel security program

Describe Congress’ rationale for enacting legislation governing the DoD’s personnel security program

Describe the weight of the policy guidance, especially any provisions relating to potential personal administrative, civil, or criminal liability

This third lesson seeks to familiarize the students with the origins of the various statutes, Executive Orders, regulations, and legal opinions that impact the implementation of the

DoD personnel security program.

Discuss Congressional intent in passing legislation governing the DoD personnel security program.

Discuss the intent of the President in issuing Executive Orders or other guidance.

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD personnel security program.

Describe statutory or regulatory requirements in the DoD personnel security program, the violation of which may result in administrative, civil, or criminal liability.

Review of readings 20 minutes

Legal Aspects of Personnel Security

Presentations/Discussions

90 minutes

A two-person team of students will present (by posting a PowerPoint presentation onto the Sakai CLE) the results of their research into the legislative history of the

DoD personnel security program.

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The instructor will guide an online discussion of the key components of the personnel security program, why Congress enacted legislation to govern the program, and potential liability issues

MILITARY PERSONNEL SECURITY PROGRAM 1969.

http://www.whs.mil/library/mildoc/AR%20604-

10,%2018%20September%201969.pdf

Department of the Navy Personnel Security Program SECNAV M-5510.30 JUNE 2006.

http://doni.daps.dla.mil/secnav%20manuals1/5510.30.pdf

Department of the Army Personnel Security Program Regulation (AR 604-5) February

1984. http://www.whs.mil/library/mildoc/AR%20604-

5,%2001%20February%201984.pdf

Assigned Two-Person Team: 1000-2000-word (2-4 typewritten pages) research paper outlining the legislative history of the DoD Personnel Security Program

All Other Students: None outlining the legislative history of the DoD Information Security Program. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President or Secretary of Defense in the implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and

All Others: Read required readings and record any questions that you might have.

Be prepared to comment on the posted PowerPoint presentation.

http://www.whs.mil/library/mildoc/AR%20604-10,%2018%20September%201969.pdf http://www.whs.mil/library/mildoc/AR%20604-10,%2018%20September%201969.pdf http://doni.daps.dla.mil/secnav%20manuals1/5510.30.pdf http://www.whs.mil/library/mildoc/AR%20604-5,%2001%20February%201984.pdf http://www.whs.mil/library/mildoc/AR%20604-5,%2001%20February%201984.pdf

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3.4 Lesson 4: Legal Aspects of Information Security

Articulate the sources of statutes, and regulations related to DoD’s information security program

Discuss the intent of the President in issuing an Executive Order or other guidance relative to information security

Describe Congress’ rationale for enacting legislation governing the DoD’s information security program

Describe the weight of the policy guidance, especially any provisions relating to potential personal administrative, civil, or criminal liability

Prepare the students to participate in a practical exercise covering personnel security; sensitive compartmented information and special access program; and information security legal issues

This fourth lesson seeks to lay the foundation for understanding the origins of the various statutes, Executive Orders, regulations, and legal opinions that will impact the implementation of the DoD information security program.

Discuss Congressional intent in passing legislation governing the DoD information security program.

Discuss the intent of the President in issuing Executive Orders or other guidance.

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD information security program.

Describe statutory or regulatory requirements in the DoD information security program, the violation of which may result in administrative, civil, or criminal

Discuss the instructions defining the upcoming practical exercise.

Review of readings 20 minutes

Legal Aspects of Information Security

Presentations/Discussions

90 minutes

Total 120 minutes

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DoD information security program

The instructor will use Sakai forums to guide the class through a discussion of the key components of information security program, why Congress enacted legislation to govern the programs, and potential liability issues

Executive Order 13587 of October 7, 2011, Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of

Classified Information. http://www.archives.gov/isoo/policy-documents/eo-

13587.html

The President Executive Order 13526, Classified National Security Information

Memorandum, Part 4. http://www.archives.gov/isoo/policy-documents/cnsi-eo.html#four paper outlining the legislative history of the DoD Information Security Program.

All Others: None outlining the legislative history of the DoD Physical Security Program. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President or Secretary of Defense in the implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and http://www.archives.gov/isoo/policy-documents/eo-13587.html http://www.archives.gov/isoo/policy-documents/eo-13587.html http://www.archives.gov/isoo/policy-documents/cnsi-eo.html#four http://www.archives.gov/isoo/policy-documents/cnsi-eo.html#four

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3.5 Lesson 5: Legal Aspects of Physical Security

Articulate the sources of statutes, and regulations related to DoD’s physical security program

Discuss the intent of the President in issuing an Executive Order or other guidance relative to physical security

Describe Congress’ rationale for enacting legislation governing the DoD’s physical security program

This fifth lesson seeks to lay the foundation for understanding the origins of the various implementation of the DoD physical security program.

Discuss Congressional intent in passing legislation governing the DoD physical

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD physical security program.

Describe statutory or regulatory requirements in the DoD physical security

Review of readings 20 minutes

Legal Aspects of Physical Security

Presentations/Discussions

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A two-person team of students will present (by posting a PowerPoint presentation onto the Sakai CLE) the results of their research into the legislative history of the

DoD physical security program.

The instructor will use Sakai forums to guide the class through a discussion of the key components of physical security program, why Congress enacted legislation to govern the programs, and potential liability issues.

INTERNAL PHYSICAL SECURITY -- DEPARTMENT OF DEFENSE EDUCATION

ACTIVITY (DoDEA REGULATION 4700.2) http://www.dodea.edu/foia/iod/pdf/4700_2.pdf

DOD Physical Security Program (May 1991) DOD 5200.-8-R http://biotech.law.lsu.edu/blaw/dodd/corres/pdf2/p52008r.pdf

NAVY PHYSICAL SECURITY AND LAW ENFORCEMENT PROGRAM

http://www.fas.org/irp/doddir/navy/opnavinst/5530_14e.pdf

Security of Unclassified Army Property (Sensitive and Non-sensitive) Army Regulation

190–51 http://www.apd.army.mil/pdffiles/r190_51.pdf

Physical Security of Arms, Ammunition and Explosives (Army Regulation 190–11) https://www.usarmyjrotc.com/jrotcRes/downloads/public/CCR/AR190_11.pdf

Marine Corp Physical Security Program Manual http://www.marines.mil/news/publications/Documents/MCO%20P5530.14.pdf

DoD IG Report to Congress on Section 357 of the National Defense Authorization Act for Fiscal Year 2008 Review of Physical Security of DoD Installations Report No.

D-2009-035 (Project No. D2008-D000LB-0159.000) January 14, 2009.

http://www.dodig.mil/audit/reports/fy09/09-035.pdf paper outlining the legislative history of the DoD Physical Security Program.

outlining the legislative history of the DoD Industrial Security Program. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President or Secretary of Defense in the implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is http://www.dodea.edu/foia/iod/pdf/4700_2.pdf http://biotech.law.lsu.edu/blaw/dodd/corres/pdf2/p52008r.pdf http://www.fas.org/irp/doddir/navy/opnavinst/5530_14e.pdf http://www.apd.army.mil/pdffiles/r190_51.pdf https://www.usarmyjrotc.com/jrotcRes/downloads/public/CCR/AR190_11.pdf http://www.marines.mil/news/publications/Documents/MCO%20P5530.14.pdf http://www.dodig.mil/audit/reports/fy09/09-035.pdf

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March 7, 2012 to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and

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March 7, 2012

3.6 Lesson 6: Legal Aspects of Industrial Security

Articulate the sources of statutes, and regulations related to DoD’s industrial security program

Discuss the intent of the President in issuing an Executive Order or other guidance relative to industrial security

Describe Congress’ rationale for enacting legislation governing the DoD’s industrial security program

This sixth lesson seeks to lay the foundation for understanding the origins of the various implementation of the DoD industrial security program.

Discuss Congressional intent in passing legislation governing the DoD industrial

Discuss the intent of the President in issuing Executive Orders or other guidance.

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD industrial security program.

Describe statutory or regulatory requirements in the DoD industrial security

Review of readings 20 minutes

Legal Aspects of Industrial Security

Presentations/Discussions

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DoD industrial security program

The instructor will use Sakai forums to guide the class through a discussion of the key components of industrial security program, why Congress enacted legislation to govern the programs, and potential liability issues

Executive Order 12829—National Industrial Security Program http://www.archives.gov/isoo/policy-documents/eo-12829.pdf

National Industrial Security Program Directive No. 1 32 CFR Part 2004

[FDMS Docket ISOO–09–0001] RIN 3095–AB63 http://edocket.access.gpo.gov/2010/pdf/2010-7776.pdf

National Industrial Security Program (NISP) NUMBER 5220.22 March 18, 2011 http://www.dtic.mil/whs/directives/corres/pdf/522022p.pdf

INDUSTRIAL SECURITY CLEARANCE DECISIONS. These decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD

Directive 5220.6, which implements Executive Order 10865.

http://www.dod.mil/dodgc/doha/industrial/

National Industrial Security Program Operating Manual (NISPOM) (reissued February

28, 2006) http://www.fas.org/sgp/library/nispom.htm

Annual Report to Congress on Foreign Economic Collection and Industrial Espionage, FY 2008 (23 July 2009) http://www.ncix.gov/publications/reports/fecie_all/fecie_2008/2008_FECIE_Blue

.pdf paper outlining the legislative history of the DoD Industrial Security Program outlining the legislative history of the Sensitive Compartmented Information and

Special Access Programs. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President or Secretary of Defense in the https://mex07a.emailsrvr.com/owa/redir.aspx?C=01f1d5043ffe478a9716e0178bc7a092&URL=http%3a%2f%2fwww.archives.gov%2fisoo%2fpolicy-documents%2feo-12829.pdf https://mex07a.emailsrvr.com/owa/redir.aspx?C=01f1d5043ffe478a9716e0178bc7a092&URL=http%3a%2f%2fedocket.access.gpo.gov%2f2010%2fpdf%2f2010-7776.pdf http://www.dtic.mil/whs/directives/corres/pdf/522022p.pdf http://www.dod.mil/dodgc/doha/industrial/ http://www.fas.org/sgp/library/nispom.htm http://www.ncix.gov/publications/reports/fecie_all/fecie_2008/2008_FECIE_Blue.pdf http://www.ncix.gov/publications/reports/fecie_all/fecie_2008/2008_FECIE_Blue.pdf

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March 7, 2012 implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and PowerPoint presentation must be submitted to the instructor for review and approval three days prior to the next session.

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March 7, 2012

3.7 Lesson 7: Legal Aspects of Sensitive Compartmented Information and

Special Access Program Security, and Introduction to Practical Exercise

Number 1 sensitive compartmented information program

Describe Congress’ rationale for enacting legislation governing the sensitive compartmented information program

Articulate the sources of statutes, Executive Orders, and regulations related to

DoD’s Special Access Programs

Describe Congress’ rationale for enacting legislation governing DoD’s Special

Access Programs

Describe the weight of the policy guidance, especially any provisions relating to

Articulate their roles and responsibilities in the upcoming practical exercise

This seventh lesson seeks to lay the foundation for understanding the origins of the various statutes, Executive Orders, regulations, and legal opinions that will impact the protection of Sensitive Compartmented Information and the implementation of DoD’s

Special Access Programs.

Discuss Congressional intent in passing legislation governing the DoD sensitive compartmented information and special access programs.

Discuss the intent of the President in issuing Executive Orders or other guidance related to SCI or SAPs.

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD sensitive compartmented information and special access programs.

Describe statutory or regulatory requirements in the DoD sensitive compartmented information and special access programs, the violation of which may result in administrative, civil, or criminal liability.

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Review of readings 20 minutes

Legal Aspects of Sensitive Compartmented

Information and Special Access Program

Security Presentation/Discussion

60 minutes

Introduction to Practical Exercise Number 1 30 minutes

DoD sensitive compartmented information and special access programs.

The instructor will use Sakai forums to guide the class through a discussion of the key components of sensitive compartmented information and special access programs, why Congress enacted legislation to govern the programs, and potential liability issues.

PERSONNEL SECURITY INVESTIGATIVE STANDARDS AND PROCEDURES

GOVERNING ELIGIBILITY FOR ACCESS TO SENSITIVE

COMPARTMENTED INFORMATION AND OTHER CONTROLLED

ACCESS PROGRAM INFORMATION, INTELLIGENCE COMMUNITY

POLICY GUIDANCE NUMBER 704.1 EFFECTIVE: 02 OCTOBER 2008

http://www.dhra.mil/perserec/adr/icpg-1/icpg704-1-text.htm paper outlining the legislative history of the DoD Sensitive Compartmented

Information and Special Access Program

Read practical exercise instructions http://www.dhra.mil/perserec/adr/icpg-1/icpg704-1-text.htm

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March 7, 2012

3.8 Lesson 8: Practical Exercise and After-Action Review

At the end of this exercise, learners will be able to:

Describe the potential legal issues related to the administration of the following

DoD programs:

o Personnel Security o Information Security o Physical Security o Industrial Security o Sensitive Compartmented Information and Special Access Program

Security

Identify potential issues to be addressed in their respective workplaces

This eighth session seeks to place the students in realistic scenarios that replicate potential legal issues in the covered security programs. With the enhanced understanding of the programs that they gained in the previous three sessions, they should be able to offer reasoned solutions to the problems presented. The after-action review will allow the students to compare and contrast their interpretations of the issues, their respective solutions, and to capture them for potential future use in their workplaces.

What is the nature of the problem presented?

What potential legal issues exist for the individual, agency, and/or security professional?

From what statute, Executive Order, or other source does DoD derive the legal authority to address this issue?

How is this authority translated into local operational policy and procedures?

What statutes, Executive Orders, and/or other legal doctrine limit your agency’s authority to address the issue?

What are potential solutions?

Does this situation have relevance in my workplace?

Review of PE instructions 20 minutes

Practical Exercise and After-Action Review 90 minutes

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March 7, 2012

Beginning with a broad, scene-setting scenario presented in the PE instructions, the instructor will inject information/incidents that portray potential legal issues in the covered DoD security programs

Working in teams representing security specialties, the students will address the issues and offer solutions

The After-Action Review will recap the scenario, identify issues, review solutions, and itemize actions for future attention

Study PE instructions and be familiar with basic scenario.

Review references for the previous five classes and any notes that you may have taken during team presentations.

outlining the legislative history of the DoD Research and Technology Protection

Program. When writing your paper, you should focus on the intent of Congress in developing and passing the pertinent legislation and any amplification expressed by the President or Secretary of Defense in the implementing documents. It is not necessary to regurgitate all of the program requirements but feel free to integrate how your experience(s) might influence or impact the topic. The object of the assignment is to expand your depth of knowledge on the subject to allow you to educate the rest of the class on your findings. This paper must be summarized in a

PowerPoint presentation that will be posted online for viewing and comment by the other students in the class. Your presentation should include three to five questions to stimulate participation by the other members of the class. Your research paper and PowerPoint presentation must be submitted to the instructor for review and approval three days prior to the next session.

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March 7, 2012

3.9 Lesson 9: Legal Aspects of Research and Technology Protection

DoD’s research and technology protection program

Describe Congress’ rationale for enacting legislation governing the DoD’s research and technology protection program

Describe the weight of the policy guidance, especially any provisions relating to potential personal administrative, civil, or criminal liability

Prepare the students to participate in a practical exercise covering physical security; industrial security; and research and technology protection legal issues

This ninth lesson seeks to lay the foundation for understanding the origins of the various implementation of the DoD research and technology protection program.

Discuss Congressional intent in passing legislation governing the DoD research and technology protection program.

Discuss the intent of the President in issuing Executive Orders or other guidance.

Discuss the method used by DoD to implement Congressional guidance and directives contained in legislation governing the DoD research and technology protection program.

Describe statutory or regulatory requirements in the DoD research and technology protection program, the violation of which may result in administrative, civil, or criminal liability.

Review of readings 20 minutes

Legal Aspects of Research and Technology

Protection Presentations/Discussions

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DoD research and technology protection program.

The instructor will use Sakai forums to guide the class through a discussion of the key components of research and technology protection program, why Congress enacted legislation to govern the programs, and potential liability issues.

MANDATORY PROCEDURES FOR RESEARCH AND TECHNOLOGY

PROTECTION WITHIN THE DOD (DoD 5200.39-R) (DRAFT) http://www.fas.org/sgp/news/2002/04/dod5200_39r_dr.html

Operation of the Defense Acquisition System DOD Instruction NUMBER 5000.02

(December 8, 2008) www.dtic.mil/whs/directives/corres/pdf/500002p.pdf

DoD D 5000.01 Defense Acquisition System (May 12, 2002) http://www.dtic.mil/whs/directives/corres/pdf/500001p.pdf

Executive Order 12591--Facilitating Access to Science and Technology http://www.archives.gov/federal-register/codification/executive-order/12591.html

National Security Decision Directive: NATIONAL POLICY ON THE TRANSFER OF

SCIENTIFIC, TECHNICAL AND ENGINEERING INFORMATION

(September 21, 1985) http://www.fas.org/irp/offdocs/nsdd/nsdd-189.htm

WHITE PAPER: PROPOSED SECURITY CONTROLS ON DEFENSE RESEARCH

U.S. Naval Research Laboratory (2 April 2002)…