Senate Bill Would Make Leaks a Felony

Senate Bill Would Make Leaks a Felony

February 17th, 2011 by Steven Aftergood

Legislation introduced in the Senate this week would broadly criminalize leaks of classified information. The bill (S. 355) sponsored by Sen. Benjamin Cardin (D-MD) would make it a felony for a government employee or contractor who has authorized access to classified information to disclose such information to an unauthorized person in violation of his or her nondisclosure agreement.

Under existing law, criminal penalties apply only to the unauthorized disclosure of a handful of specified categories of classified information (in non-espionage cases). These categories include codes, cryptography, communications intelligence, identities of covert agents, and nuclear weapons design information. The new bill would amend the espionage statutes to extend such penalties to the unauthorized disclosure of any classified information.

(Another pending bill, known as the SHIELD Act, would specifically criminalize disclosure — and publication — of information concerning human intelligence activities and source identities. Both bills were originally introduced at the end of the last Congress, and were reintroduced this month.)

"I am convinced that changes in technology and society, combined with statutory and judicial changes to the law, have rendered some aspects of our espionage laws less effective than they need to be to protect the national security," said Sen. Cardin. "I also believe that we need to enhance our ability to prosecute... those who make unauthorized disclosures of classified information."

"We don't need an Official State Secrets Act, and we must be careful not to chill protected First Amendment activities," he said. "We do, however, need to do a better job of preventing unauthorized disclosures of classified information that can harm the United States, and at the same time we need to ensure that public debates continue to take place on important national security and foreign policy issues."

You mean protected secrets like Project Gunwalker you statist tool? Are so afraid of the truth that such is shining the light on?

WP