On 8/13/13 9:16 PM, Steve Smith wrote:
The story on Poitras seemed a little like a "puff" piece, as much as
one can "puff" a story/situation like this.
I'd say http://www.law.cornell.edu/uscode/text/18/798 section (a)/(3)
puts a reporter that aims to a break a story about govt. agencies
violating the 4th amendment at risk. It's not just drama. Is "publish"
intended to be a standalone condition or must it also be constrained by
the "safety or interest" condition? I read it as a standalone
condition. Who would want to count on a judge in a secret court would
side against the State department for a reporter? Seriously? It seems
to me there's real danger for these two, esp. at the point they were
breaking the early stories about PRISM.
"(a) Whoever knowingly and willfully communicates, furnishes, transmits,
or otherwise makes available to an unauthorized person, or publishes, or
uses in any manner prejudicial to the safety or interest of the United
States or for the benefit of any foreign government to the detriment of
the United States any classified information---
(1) concerning the nature, preparation, or use of any code, cipher, or
cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of
any device, apparatus, or appliance used or prepared or planned for use
by the United States or any foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United
States or any foreign government; or
(4) obtained by the processes of communication intelligence from the
communications of any foreign government, knowing the same to have been
obtained by such processes---
Shall be fined under this title or imprisoned not more than ten years,
or both."
Marcus
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