EXECUTIVE ORDERS
A series of presidential executive orders has governed how officials should handle the ceaseless incoming stream of raw, usually unmarked information they acquire in their work. Since at least 2003, they have emphasized that information shared by a foreign government with an expectation or agreement of confidentiality is the only kind that is "presumed" classified. The State Department's own regulations, as laid out in the Foreign Affairs Manual, have been unequivocal since at least 1999: all department employees "must … safeguard foreign government and NATO RESTRICTED information as U.S. Government Confidential" or higher, according to the version in force in 2009, when these particular emails were sent.
"Confidential" is the lowest U.S. classification level for information that could harm national security if leaked, after "top secret" and "secret".
State Department staff, including the secretary of state, receive training on how to classify and handle sensitive information, the department has said. In March, Clinton said she was "certainly well aware" of classification requirements. Reuters was unable to rule out the possibility that the State Department was now overclassifying the information in the emails, or applying the regulations in some other improper or unusual way.
John Fitzpatrick, the current ISOO director, said Reuters had correctly identified all the governing rules but said it would be inappropriate for his office to take a stance on Clinton's emails, in part because he did not know the context in which the information was given. A spokeswoman for one of the foreign governments whose information appears in Clinton's emails said, on condition of anonymity to protect diplomatic relations, that the information was shared confidentially in 2009 with Clinton and her senior staff. If so, it appears this information should have been classified at the time and not handled on a private unsecured email network, according to government regulations. The foreign government expects all private exchanges with U.S. officials to be treated that way, the spokeswoman for the foreign government said.
Leonard, the former ISOO director, said this sort of information was improperly shared by officials through insecure channels more frequently than the public may realize, although more typically within the unsecured .gov email network than on private email accounts. With few exceptions, officials are forbidden from sending classified information even via the .gov email network and must use a dedicated secure network instead. The difference in Clinton's case, Leonard said, is that so-called "spillages" of classified information within the .gov network are easier to track and contain.