Worried about new anti-terror laws?

Declan McCullagh declan at well.com
Fri Sep 21 16:00:21 PDT 2001


Folks worried about future anti-terror laws may want to read up on existing 
laws first. --Declan

http://www4.law.cornell.edu/uscode/18/798.html
US Code as of: 01/23/00
Sec. 798. Disclosure of classified information
7	(a) Whoever knowingly and willfully communicates, furnishes, transmits, 
or otherwise makes available to an unauthorized person, or publishes, or 
uses in any manner prejudicial to the safety or interest of the United 
States or for the benefit of any foreign government to the detriment of the 
United States any classified information -
7	(1) concerning the nature, preparation, or use of any code,
cipher, or cryptographic system of the United States or any
foreign government; or
7	(2) concerning the design, construction, use, maintenance, or
repair of any device, apparatus, or appliance used or prepared or
planned for use by the United States or any foreign government
for cryptographic or communication intelligence purposes; or
7	(3) concerning the communication intelligence activities of the
United States or any foreign government; or
7	(4) obtained by the process of communication intelligence from
the communications of any foreign government, knowing the same to
have been obtained by such processes -
Shall be fined under this title or imprisoned not more than ten years, or 
both.
7	(b) As used in subsection (a) of this section -
The term ''classified information'' means information which, at the time of 
a violation of this section, is, for reasons of national security, 
specifically designated by a United States Government Agency for limited or 
restricted dissemination or distribution;
The terms ''code,'' ''cipher,'' and ''cryptographic system'' include in 
their meanings, in addition to their usual meanings, any method of secret 
writing and any mechanical or electrical device or method used for the 
purpose of disguising or concealing the contents, significance, or meanings 
of communications;
The term ''foreign government'' includes in its meaning any person or 
persons acting or purporting to act for or on behalf of any faction, party, 
department, agency, bureau, or military force of or within a foreign 
country, or for or on behalf of any government or any person or persons 
purporting to act as a government within a foreign country, whether or not 
such government is recognized by the United States;
The term ''communication intelligence'' means all procedures and methods 
used in the interception of communications and the obtaining of information 
from such communications by other than the intended recipients;
The term ''unauthorized person'' means any person who, or agency which, is 
not authorized to receive information of the categories set forth in 
subsection (a) of this section, by the President, or by the head of a 
department or agency of the United States Government which is expressly 
designated by the President to engage in communication intelligence 
activities for the United States.
7	(c) Nothing in this section shall prohibit the furnishing, upon lawful 
demand, of information to any regularly constituted committee of the Senate 
or House of Representatives of the United States of America, or joint 
committee thereof.
7	(d)
7	(1) Any person convicted of a violation of this section shall forfeit to 
the United States irrespective of any provision of State law -
7	(A) any property constituting, or derived from, any proceeds
the person obtained, directly or indirectly, as the result of
such violation; and
(B) any of the person's property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commission
of, such violation.
7	(2) The court, in imposing sentence on a defendant for a conviction of a 
violation of this section, shall order that the defendant forfeit to the 
United States all property described in paragraph (1).
7	(3) Except as provided in paragraph (4), the provisions of subsections 
(b), (c), and (e) through (p) of section 413 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and 
(e)-(p)), shall apply to -
7	(A) property subject to forfeiture under this subsection;
7	(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to
such property, if not inconsistent with this subsection.
7	(4) Notwithstanding section 7	524(c) of title 28, there shall be 
deposited in the Crime Victims Fund established under section 1402 of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the 
forfeiture of property under this subsection remaining after the payment of 
expenses for forfeiture and sale authorized by law.
7	(5) As used in this subsection, the term ''State'' means any State of the 
United States, the District of Columbia, the Commonwealth of Puerto Rico, 
and any territory or possession of the United States.


http://www4.law.cornell.edu/uscode/18/793.html

US Code as of: 01/23/00
Sec. 793. Gathering, transmitting or losing defense information
7	(a) Whoever, for the purpose of obtaining information respecting the 
national defense with intent or reason to believe that the information is 
to be used to the injury of the United States, or to the advantage of any 
foreign nation, goes upon, enters, flies over, or otherwise obtains 
information concerning any vessel, aircraft, work of defense, navy yard, 
naval station, submarine base, fueling station, fort, battery, torpedo 
station, dockyard, canal, railroad, arsenal, camp, factory, mine, 
telegraph, telephone, wireless, or signal station, building, office, 
research laboratory or station or other place connected with the national 
defense owned or constructed, or in progress of construction by the United 
States or under the control of the United States, or of any of its 
officers, departments, or agencies, or within the exclusive jurisdiction of 
the United States, or any place in which any vessel, aircraft, arms, 
munitions, or other materials or instruments for use in time of war are 
being made, prepared, repaired, stored, or are the subject of research or 
development, under any contract or agreement with the United States, or any 
department or agency thereof, or with any person on behalf of the United 
States, or otherwise on behalf of the United States, or any prohibited 
place so designated by the President by proclamation in time of war or in 
case of national emergency in which anything for the use of the Army, Navy, 
or Air Force is being prepared or constructed or stored, information as to 
which prohibited place the President has determined would be prejudicial to 
the national defense; or
7	(b) Whoever, for the purpose aforesaid, and with like intent or reason to 
believe, copies, takes, makes, or obtains, or attempts to copy, take, make, 
or obtain, any sketch, photograph, photographic negative, blueprint, plan, 
map, model, instrument, appliance, document, writing, or note of anything 
connected with the national defense; or
7	(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or 
attempts to receive or obtain from any person, or from any source whatever, 
any document, writing, code book, signal book, sketch, photograph, 
photographic negative, blueprint, plan, map, model, instrument, appliance, 
or note, of anything connected with the national defense, knowing or having 
reason to believe, at the time he receives or obtains, or agrees or 
attempts to receive or obtain it, that it has been or will be obtained, 
taken, made, or disposed of by any person contrary to the provisions of 
this chapter; or
7	(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; or
7	(e) Whoever having unauthorized possession of, access to, or control over 
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 to the officer or employee of the United 
States entitled to receive it; or
7	(f) Whoever, being entrusted with or having lawful possession or control 
of any document, writing, code book, signal book, sketch, photograph, 
photographic negative, blueprint, plan, map, model, instrument, appliance, 
note, or information, relating to the national defense, (1) through gross 
negligence permits the same to be removed from its proper place of custody 
or delivered to anyone in violation of his trust, or to be lost, stolen, 
abstracted, or destroyed, or (2) having knowledge that the same has been 
illegally removed from its proper place of custody or delivered to anyone 
in violation of its trust, or lost, or stolen, abstracted, or destroyed, 
and fails to make prompt report of such loss, theft, abstraction, or 
destruction to his superior officer -
Shall be fined under this title or imprisoned not more than ten years, or 
both.
7	(g) If two or more persons conspire to violate any of the foregoing 
provisions of this section, and one or more of such persons do any act to 
effect the object of the conspiracy, each of the parties to such conspiracy 
shall be subject to the punishment provided for the offense which is the 
object of such conspiracy.
7	(h)
7	(1) Any person convicted of a violation of this section shall forfeit to 
the United States, irrespective of any provision of State law, any property 
constituting, or derived from, any proceeds the person obtained, directly 
or indirectly, from any foreign government, or any faction or party or 
military or naval force within a foreign country, whether recognized or 
unrecognized by the United States, as the result of such violation. For the 
purposes of this subsection, the term ''State'' includes a State of the 
United States, the District of Columbia, and any commonwealth, territory, 
or possession of the United States.
7	(2) The court, in imposing sentence on a defendant for a conviction of a 
violation of this section, shall order that the defendant forfeit to the 
United States all property described in paragraph (1) of this subsection.
7	(3) The provisions of subsections (b), (c), and (e) through (p) of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to -
7	(A) property subject to forfeiture under this subsection;
7	(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to
such property, if not inconsistent with this subsection.
7	(4) Notwithstanding section 7	524(c) of title 28, there shall be 
deposited in the Crime Victims Fund in the Treasury all amounts from the 
forfeiture of property under this subsection remaining after the payment of 
expenses for forfeiture and sale authorized by law. 





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