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In reply to the discussion: State Department flags 305 more Clinton e-mails for review [View all]candelista
(1,986 posts)As used in the SF 312, the SF 189, and the SF 189-A, "classified information" is marked or unmarked classified information, including oral communications and unclassified information that meets the standards for classification and is in the process of a classification determination, as provided in Section 1.1(c) and 1.2(e) of Executive Order 12356 or any other or Executive order that requires interim protection for certain information while a classification determination is pending. "Classified information" does not include unclassified information that may be subject to possible classification at some future date, but is not currently in the process of a classification determination.
http://www.archives.gov/isoo/training/standard-form-312.html
Basically the standard for being "classified" is this:
18 US Code Part I Chapter 37 sec. 793(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it...shall be fined under this title or imprisoned not more than ten years, or both.
https://www.law.cornell.edu/uscode/text/18/793