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 Collection: Congressional Research Service Reports
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: June 24, 2013
Creator: Elsea, Jennifer K.
Description: This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: June 26, 2012
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: September 8, 2011
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: October 18, 2010
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Contributing Partner: UNT Libraries Government Documents Department
Critical Infrastructures: Background, Policy, and Implementation

Critical Infrastructures: Background, Policy, and Implementation

Date: July 11, 2011
Creator: Moteff, John D.
Description: This report discusses the evolution of a national critical infrastructure policy and the institutional structures established to implement it. Critical infrastructure includes physical assets used to produce and distribute services such as electricity (including the power plants and electric grid), communications, and computers. The report highlights five issues of Congressional concern: identifying critical assets; assessing vulnerabilities and risks; allocating resources; information sharing; and regulation.
Contributing Partner: UNT Libraries Government Documents Department
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: December 27, 2011
Creator: Best, Richard A., Jr.
Description: Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counter-terrorism intelligence activities as part of what the Bush Administration termed the global war on terror. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.
Contributing Partner: UNT Libraries Government Documents Department
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: April 6, 2011
Creator: Cumming, Alfred
Description: This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. It also examines the statutory procedures governing covert action and associated questions to consider.
Contributing Partner: UNT Libraries Government Documents Department
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: July 6, 2009
Creator: Cumming, Alfred
Description: Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counter-terrorism intelligence activities as part of what the Bush Administration termed the global war on terror. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: July 25, 2006
Creator: Elsea, Jennifer K
Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: August 4, 2005
Creator: Elsea, Jennifer K
Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Contributing Partner: UNT Libraries Government Documents Department