[MilCom] [dave@farber.net: [IP] Recipients of "Leaks" May Be Prosecuted, Court Rules]

[David I. Emery]

From: TClaburn at cmp.com
Date: August 10, 2006 5:31:08 PM EDT
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superseded by national   security considerations.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 at cmp.com
415.947.6820

-- 
   Dave Emery N1PRE,  die at dieconsulting.com  DIE Consulting, Weston, Mass 02493
"An empty zombie mind with a forlorn barely readable weatherbeaten
'For Rent' sign still vainly flapping outside on the weed encrusted pole - in 
celebration of what could have been, but wasn't and is not to be now either."