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.
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. 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.
This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
This report looks at amendments to the Smith-Mundt Act, proposed by the 112th Congress that would restate provisions to exclude any ban on domestic dissemination of international information materials prepared for foreign public available to a domestic audience. The original legislation was also amended in 1972, and a 1985 provision, popularly known as the Zorinsky Amendment, prohibited domestic dissemination of international information materials and products.
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