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Line 13: − − ==Biography== − − After four years of active duty, Robert MacLean (born on March 8, 1970, in [[Torrejon Air Base]], [[Madrid, Spain]]) elected not to reenlist and was honorably discharged from the [[U.S. Air Force]]. MacLean then entered the [[U.S. Border Patrol]] and served almost six years until he transferred to the U.S. [[Federal Air Marshal Service]] (FAMS) immediately after the [[September 11, 2001 attacks]]. MacLean was in the first FAMS class to graduate after the [[September 11]], [[2001]] Attacks. <ref>[http://www.federaltimes.com/index.php?S=2331806 Air marshal’s firing prompts whistleblower suit], Stephen Losey, ''Federal Times'', November 7, 2006</ref>
background first - then whistleblowing incident
==Biography==
After four years of active duty, Robert MacLean (born on March 8, 1970, in [[Torrejon Air Base]], [[Madrid, Spain]]) elected not to reenlist and was honorably discharged from the [[U.S. Air Force]]. MacLean then entered the [[U.S. Border Patrol]] and served almost six years until he transferred to the U.S. [[Federal Air Marshal Service]] (FAMS) immediately after the [[September 11, 2001 attacks]]. MacLean was in the first FAMS class to graduate after the [[September 11]], [[2001]] Attacks. <ref>[http://www.federaltimes.com/index.php?S=2331806 Air marshal’s firing prompts whistleblower suit], Stephen Losey, ''Federal Times'', November 7, 2006</ref>
==Aviation Security [[Whistleblower]]==
==Aviation Security [[Whistleblower]]==
On [[August 31]], [[2006]], a year after proposing to terminate MacLean, the TSA asserted that the July 2003 information he disclosed was SSI. <ref>[http://www.cbsnews.com/stories/2007/05/10/ap/government/main2787504.shtml U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref> TSA labeled MacLean's disclosure as SSI over three years after it was made public. <ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref> The Government Accountability Office (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use. <ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref> If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public. <ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>
On [[August 31]], [[2006]], a year after proposing to terminate MacLean, the TSA asserted that the July 2003 information he disclosed was SSI. <ref>[http://www.cbsnews.com/stories/2007/05/10/ap/government/main2787504.shtml U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref> TSA labeled MacLean's disclosure as SSI over three years after it was made public. <ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref> The Government Accountability Office (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use. <ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref> If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public. <ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>
==Department of Homeland Security and Department of Justice's Arguments==
==Department of Homeland Security and Department of Justice's Arguments==