{ "id": "R41404", "type": "CRS Report", "typeId": "R", "number": "R41404", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Criminal Prohibitions on Leaks and Other Disclosures of Classified Defense Information", "retrieved": "2023-06-11T04:05:11.981512", "id": "R41404_33_2023-05-11", "formats": [ { "filename": "files/2023-05-11_R41404_a1b3e777f27dac731f171511e32a8530a9fd2ba5.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R41404/33", "sha1": "a1b3e777f27dac731f171511e32a8530a9fd2ba5" }, { "format": "HTML", "filename": "files/2023-05-11_R41404_a1b3e777f27dac731f171511e32a8530a9fd2ba5.html" } ], "date": "2023-05-11", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R41404", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 459852, "date": "2017-03-07", "retrieved": "2017-03-22T18:30:32.660664", "title": "Criminal Prohibitions on Leaks and Other Disclosures of Classified Defense Information", "summary": "Recent unauthorized disclosures of information concerning activities in the White House, and the publication of large quantities of classified information by WikiLeaks and other organizations and news outlets, have prompted congressional interest in criminal prohibitions on disclosure of classified information. While some have described recent leaks of classified information as \u201cillegal\u201d and \u201ccriminal,\u201d there is no single statute that criminalizes any unauthorized disclosure of classified information. Instead, the legal framework is based on a complex and often overlapping set of statutes with provisions that differ depending on, among other factors, what information was disclosed, to whom it was given, and the intentions of the discloser. This report identifies statutory prohibitions that may be implicated by the unauthorized release of classified information, and it examines the elements necessary to secure a conviction under the Espionage Act and applicable statutes. \nHistorically, the Espionage Act and other relevant statutes have been used almost exclusively to prosecute (1) individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, and (2) foreign agents who obtain classified information unlawfully while present in the United States. While prosecutions appear to be on the rise, disclosures of classified information to the press have been punished as crimes less frequently, and the government has never prosecuted a traditional news organization for publishing classified information that it received as a result of a leak. \nThis report examines prosecutions of individuals who leak information to the press or policy organizations, such as lobbying groups and think tanks, as well as civil and criminal actions that have been brought against the recipients of leaked information\u2014often the press. Because these cases implicate unique First Amendment concerns regarding freedom of speech and freedom of the press, the constitutional framework relevant to prosecutions and other legal proceedings filed as a result of leaked classified information is also analyzed in this report. \nLastly, this report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information and to address potential gaps or ambiguities in current statutes.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41404", "sha1": "81a5dd34df4194e25f492f9ac3a7ee0ab5a41eb3", "filename": "files/20170307_R41404_81a5dd34df4194e25f492f9ac3a7ee0ab5a41eb3.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41404", "sha1": "d37dd9d3fd8e8a1f382b574e4b5681ef102f1ecf", "filename": "files/20170307_R41404_d37dd9d3fd8e8a1f382b574e4b5681ef102f1ecf.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4751, "name": "Federal Workforce" }, { "source": "IBCList", "id": 4785, "name": "Supreme Court Jurisprudence" }, { "source": "IBCList", "id": 4836, "name": "Civil Liberties & National Security" }, { "source": "IBCList", "id": 4850, "name": "Criminal Justice" } ] }, { "source": "EveryCRSReport.com", "id": 455484, "date": "2016-08-29", "retrieved": "2016-11-28T21:42:10.156887", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "The publication of large quantities of classified information by certain organizations and news outlets in recent years has received Congress\u2019s attention. Press reports describing classified U.S. operations abroad have led to calls from Congress for an investigation into the source of the leaks, and in 2012, then-Attorney General Holder appointed two special prosecutors to look into the matter. The online publication of classified defense documents and diplomatic cables in 2010 by the organization WikiLeaks, and subsequent reporting by The New York Times and other news media, had already focused attention on whether such publication violates U.S. criminal law. The source of the WikiLeaks material, Army Private Bradley Manning (now known as Chelsea Manning), has been sentenced to 35 years of imprisonment for a number of offenses under the Uniform Code of Military Justice (UCMJ), but was not convicted of aiding the enemy. A grand jury in Virginia was empanelled to decide whether to recommend indictment of any civilians in connection with the disclosure. It remains to be seen what related grand jury indictments may have been returned under seal. A number of other cases involving charges under the Espionage Act, including efforts to extradite Edward Snowden in connection with the leak of National Security Agency (NSA) documents pertaining to certain surveillance programs, seemingly demonstrate the Obama Administration\u2019s policy with respect to the prosecution of persons suspected of leaking classified information to the media. \nThis report identifies some criminal statutes that may apply to the publication of classified defense information, noting that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents or to foreign agents who obtain classified information unlawfully while present in the United States. While prosecutions appear to be on the rise, leaks of classified information to the press have relatively infrequently been punished as crimes, and there appears to be no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications based on concerns about government censorship. To the extent that the WikiLeaks investigation implicates any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions.\nThis report discusses the statutory prohibitions that may be implicated by the unauthorized release of classified defense information, 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.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41404", "sha1": "bd4970adab3940214f1a1f1e67b1d296739a8a31", "filename": "files/20160829_R41404_bd4970adab3940214f1a1f1e67b1d296739a8a31.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41404", "sha1": "f0e7b438fbee1f2f877d4506ed075192a7cb73f5", "filename": "files/20160829_R41404_f0e7b438fbee1f2f877d4506ed075192a7cb73f5.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4836, "name": "Civil Liberties & National Security" } ] }, { "source": "EveryCRSReport.com", "id": 424244, "date": "2013-09-09", "retrieved": "2016-04-06T20:57:43.255044", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "The publication of classified information related to National Security Agency (NSA) surveillance activity is the latest in a series of leaks to the press that has riveted Congress\u2019s attention. Press reports describing classified U.S. operations abroad have led to calls from Congress for an investigation into the source of the leaks, and Attorney General Holder appointed two special prosecutors to look into the matter. The online publication of classified defense documents and diplomatic cables by the organization WikiLeaks and subsequent reporting by The New York Times and other news media had already focused attention on whether such publication violates U.S. criminal law. The source of the WikiLeaks material, Army Private Bradley Manning, has been sentenced to 35 years\u2019 imprisonment for a number of offenses under the Uniform Code of Military Justice (UCMJ), but was not convicted of aiding the enemy. A grand jury in Virginia is deciding whether to indict any civilians in connection with the disclosure. A number of other cases involving charges under the Espionage Act, including efforts to extradite Edward Snowden in connection with the leak of NSA documents pertaining to certain surveillance programs, demonstrate the Obama Administration\u2019s relatively hardline policy with respect to the prosecution of persons suspected of leaking classified information to the media. \nThis report identifies some criminal statutes that may apply to the publication of classified defense information, noting that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. While prosecutions appear to be on the rise, leaks of classified information to the press have relatively infrequently been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications based on concerns about government censorship. To the extent that the investigation implicates any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions.\nThis 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.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41404", "sha1": "83bf3ccf797b20e8f4e1a5da4f424a42a2740645", "filename": "files/20130909_R41404_83bf3ccf797b20e8f4e1a5da4f424a42a2740645.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41404", "sha1": "2b173e71bca71c93847526f084c32ea9a5aa76d7", "filename": "files/20130909_R41404_2b173e71bca71c93847526f084c32ea9a5aa76d7.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2170, "name": "Government Information: Transparency, Protection, and Access" }, { "source": "IBCList", "id": 2684, "name": "Civil Liberties and National Security" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc227681/", "id": "R41404_2013Jun24", "date": "2013-06-24", "retrieved": "2013-11-05T18:07:05", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130624_R41404_f17cd169aeb858adeb9434949685f3e81e81e04a.pdf" }, { "format": "HTML", "filename": "files/20130624_R41404_f17cd169aeb858adeb9434949685f3e81e81e04a.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" }, { "source": "LIV", "id": "Information leaking", "name": "Information leaking" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc806039/", "id": "R41404_2013Jan31", "date": "2013-01-31", "retrieved": "2016-03-19T13:57:26", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130131_R41404_3346a820d73373521c0a200f4ca4737e2257ef5b.pdf" }, { "format": "HTML", "filename": "files/20130131_R41404_3346a820d73373521c0a200f4ca4737e2257ef5b.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc93844/", "id": "R41404_2012Jun26", "date": "2012-06-26", "retrieved": "2012-07-24T12:39:36", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120626_R41404_04da5168e5456339abb509d8b0b15fa3f72c03ba.pdf" }, { "format": "HTML", "filename": "files/20120626_R41404_04da5168e5456339abb509d8b0b15fa3f72c03ba.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" }, { "source": "LIV", "id": "Information leaking", "name": "Information leaking" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc93843/", "id": "R41404_2011Sep08", "date": "2011-09-08", "retrieved": "2012-07-24T12:39:36", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "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. 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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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110110_R41404_63db81c637fa35e57bf8346d5400de2053635708.pdf" }, { "format": "HTML", "filename": "files/20110110_R41404_63db81c637fa35e57bf8346d5400de2053635708.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" }, { "source": "LIV", "id": "Information leaking", "name": "Information leaking" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc31369/", "id": "R41404_2010Dec06", "date": "2010-12-06", "retrieved": "2011-03-09T09:26:47", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101206_R41404_f7bbb4f8d9e6d1a3a0e4148d4eaf52cebd411ddb.pdf" }, { "format": "HTML", "filename": "files/20101206_R41404_f7bbb4f8d9e6d1a3a0e4148d4eaf52cebd411ddb.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" }, { "source": "LIV", "id": "Information leaking", "name": "Information leaking" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc29606/", "id": "R41404_2010Oct18", "date": "2010-10-18", "retrieved": "2010-12-04T14:26:25", "title": "Criminal Prohibitions on the Publication of Classified Defense Information", "summary": "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. 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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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100910_R41404_75f63b6a352ea3ebf1786972d5a2fedfd89e1d7e.pdf" }, { "format": "HTML", "filename": "files/20100910_R41404_75f63b6a352ea3ebf1786972d5a2fedfd89e1d7e.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Intelligence activities", "name": "Intelligence activities" }, { "source": "LIV", "id": "Classified defense information", "name": "Classified defense information" }, { "source": "LIV", "id": "Information leaking", "name": "Information leaking" } ] } ], "topics": [ "National Defense" ] }