-Caveat Lector-

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A Times Editorial
A heavy-handed secrets act
� St. Petersburg Times, published October 7, 2000

A bit of mischief has been made part of an intelligence authorization bill that
is now in House-Senate conference committee. If allowed to remain, America
would have its first version of an "Official Secrets Act."

When government employees leak classified information that reveals nuclear
secrets or puts intelligence agents at risk, they can go to jail. But the
Senate is proposing a wide expansion that goes well beyond what is necessary to
protect national security. Section 303 of the must-pass authorization bill
would criminalize any unauthorized disclosure of "properly classified"
information.

For the uninitiated, the government decides what constitutes a national secret
through a heavy-handed system that tends to favor keeping information out of
public reach. The process is exploited by federal officials who classify all
sorts of documents as a way to conceal mistakes, illegalities and incompetence.

Typically, the only way the news media, Congress and ultimately the public are
able to uncover corruption and mismanagement in our military and intelligence
services is by relying on conscientious government employees and military
personnel to leak information. But by punishing every innocuous disclosure of
classified information with up to three years in prison and a large fine, the
law would intimidate potential whistle-blowers into silence.

Why is this measure on Congress' agenda now? For years, the Central
Intelligence Agency has pressured Congress to make it a crime to disclose
anything classified. One need look no further than the recently declassified
information about the CIA's role in Chile to see why the agency is so skittish
about having its work revealed.

In 1973, socialist and democratically elected Chilean President Salvador
Allende was overthrown in a CIA-sponsored coup. He was replaced by the
tyrannical Gen. Augusto Pinochet, who instituted a reign of terror that was
carried out with the full knowledge and complicity of the American intelligence
community. The revelations should have prompted Congress to call for less
secrecy rather than more.

If you're concerned that America's covert operations will become an open book,
don't be. Serious breaches already carry jail sentences, and there are
administrative penalties for disclosing innocuous classified information.
Employees who make unauthorized disclosures lose their security clearances and
often their jobs. This is disincentive enough. We don't have to take the next
step and make it a crime every time someone brings information to the public
that it should have had access to anyway.

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Integrity has no need of rules. -Albert Camus (1913-1960)
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The only real voyage of discovery consists not in seeking
new landscapes but in having new eyes. -Marcel Proust
~~~~~~~~~~~~~~~~~~~~
The libertarian therefore considers one of his prime educational
tasks is to spread the demystification and desanctification of the
State among its hapless subjects.  His task is to demonstrate
repeatedly and in depth that not only the emperor but even the
"democratic" State has no clothes; that all governments subsist
by exploitive rule over the public; and that such rule is the reverse
of objective necessity.  He strives to show that the existence of
taxation and the State necessarily sets up a class division between
the exploiting rulers and the exploited ruled.  He seeks to show that
the task of the court intellectuals who have always supported the State
has ever been to weave mystification in order to induce the public to
accept State rule and that these intellectuals obtain, in return, a
share in the power and pelf extracted by the rulers from their deluded
subjects.
[[For a New Liberty:  The Libertarian Manifesto, Murray N. Rothbard,
Fox & Wilkes, 1973, 1978, p. 25]]

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