The Department of Defense (DoD) has wasted no time in attempting to get a Critical Infrastructure Information (CII) exemption to the Freedom of Information Act (FOIA) similar to the CII provisions for the Department of Homeland Security (DHS) within the Homeland Security Act of 2002. The dust hasn’t yet settled on the massive DHS reorganization, nor have its CII rules been formalized, much less evaluated, but already DoD has decided that this program merits replication. Meanwhile DHS has come under scrutiny for its own efforts to expand the CII program to all other Federal agencies including DoD. It has recently been reported that DoD lobbyists have been working on getting a FOIA exemption for Defense similar to the exemption granted to DHS under the CII provisions of the Homeland Security Act. A March 25, 2003 DoD memorandum from the Directorate for Freedom of Information and Security Review explained that efforts to obtain a CII exemption statue unique to DoD were “ongoing.” Such an exemption explicitly for DoD would allow the Department to directly obtain CII from corporations, contractors, and private citizens possibly without having to share the information with any other agencies—even DHS. This would give the private sector another avenue to submit CII to the government and keep it from public disclosure. DoD, however, is not simply waiting for the new exemption; the Department is making efforts to withhold the information anyway utilizing current FOIA exemptions. The DoD memo, distributed to FOIA officers, instructs them of possible exemptions which can be re-interpreted and expanded to justify withholding requested CII. While one of the exemptions specified for use in withholding CII is classified information the other exemptions all address unclassified material. Attorney General Ashcroft’s October 12, 2001 FOIA memo is specifically cited as justification for expansion of one exemption for unclassified information. The DoD memo raises questions as to whether the department may be overreaching in its interpretation and implementation of FOIA in its efforts to withhold CII already within the department’s possession. Increasing alarm over Agencies’ attempts to raise levels of secrecy under the CII provisions was reflected in Sen. Robert Byrd’s (D-WV) April 30th questions to Homeland Security Secretary Tom Ridge before the Senate Homeland Security Appropriations Subcommittee. The Senator expressed deep concerns regarding the recently published DHS CII guidelines, which would allow CII to be submitted to any department, not just DHS, as Congress specifically ordered in the Homeland Security Act. Byrd expressed a common fear that the private sector would abuse the CII exemption in order to protect themselves from legal liability. Ridge maintained that the CII provisions would not release any companies from their requirements under other laws.