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Welcomed Guidance: DoD Issues Controlled Unclassified Information (CUI) Program Instructions

Mar.31.2020

The Defense Department (DoD) recently released Department of Defense Instruction (DoDI) 5200.48, “Controlled Unclassified Information (CUI),” which provides the DoD’s long-anticipated guidance on how to mark and handle CUI in accordance with the Federal Government’s broader CUI Program and DFARS 252.204-7012.  In doing so, it cancels legacy CUI guidance under DoD Manual 5200.01, Volume 4, “DoD Information Security Program: Controlled Unclassified Information.”

Notably, DoDI 5200.48 unveils the official DoD CUI Registry.  Although public access is currently restricted, the DoD CUI Registry is intended to provide an official list of Indexes and Categories that the DoD will immediately begin using to affirmatively identify CUI provided to its contractors, potentially clarifying what has been a common source of confusion for the contracting community. 

DoDI 5200.48 is part of the DoD’s “phased” approach to fully implementing its CUI Program, and it notes throughout that additional guidance will be forthcoming.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Evan D. Wolff
Partner – Washington, D.C.
Phone: +1 202.624.2615
Email: ewolff@crowell.com
Kate M. Growley, CIPP/G, CIPP/US
Partner – Washington, D.C.
Phone: +1 202.624.2698
Email: kgrowley@crowell.com
Maida Oringher Lerner
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2596
Email: mlerner@crowell.com
Michael G. Gruden, CIPP/G
Associate – Washington, D.C.
Phone: +1 202.624.2545
Email: mgruden@crowell.com