for IP if you wish...Recipients of "Leaks" May Be

[TClaburn at cmp.com]

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involving national defense information can be superseded by national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 at cmp.com
415.947.6820

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



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