Recipients of "Leaks" May Be Prosecuted, Court Rules

[David Farber <dave () farber net>]

Begin forwarded message:

From: TClaburn () cmp com
Date: August 10, 2006 5:31:08 PM EDT
To: dave () farber net
Subject: for IP if you wish...Recipients of "Leaks" May Be  
Prosecuted, Court Rules

http://www.fas.org/blog/secrecy/2006/08/ 
recipients_of_leaks_may_be_pro.html

Recipients of "Leaks" May Be Prosecuted, Court Rules


In a momentous expansion of the government's authority to regulate  
public
disclosure of national security information, a federal court ruled  
that even
private citizens who do not hold security clearances can be  
prosecuted for
unauthorized receipt and disclosure of classified information.


The ruling (pdf) by Judge T.S. Ellis, III, denied a motion to dismiss  
the case
of two former employees of the American Israel Public Affairs  
Committee (AIPAC)
who were charged under the Espionage Act with illegally receiving and
transmitting classified information.


The decision is a major interpretation of the Espionage Act with  
implications
that extend far beyond this particular case.


The Judge ruled that any First Amendment concerns regarding freedom  
of speech
involving national defense information can be superseded by national  
security
considerations.


"Although the question whether the government's interest in  
preserving its
national defense secrets is sufficient to trump the First Amendment  
rights of
those not in a position of trust with the government [i.e. not  
holding security
clearances] is a more difficult question, and although the authority  
addressing
this issue is sparse, both common sense and the relevant precedent point
persuasively to the conclusion that the government can punish those  
outside of
the government for the unauthorized receipt and deliberate  
retransmission of
information relating to the national defense," Judge Ellis wrote (p.  
53).


The provisions of the Espionage Act are not impermissibly overbroad or
unconstitutional, the Judge ruled, because they are limited by the  
requirements
that the prohibited behavior be both knowing and willful.


...







Thomas Claburn, Editor-at-Large
InformationWeek, CMP Media, Inc.
600 Harrison St., 6th Floor
San Francisco, CA 94107
tclaburn () cmp com
415.947.6820

http://www.informationweek.com
http://www.thomasclaburn.com



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