Espionage Act of 1917
The Espionage Act of 1917, passed shortly after entering World War I, made it a crime, punishable by a $10,000 fine and 20 years in jail, for a person to convey antipathy with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies.
The laws were ruled constitutional in the United States Supreme Court case Schenck v. United States, 249 U.S. 47 (1919).
The law was later extended by the Sedition Act of 1918, which made it illegal even to speak out against the government.
During and after World War I the Espionage Act and the Sedition Act were used in prosecutions that would be considered constitutionally unacceptable in the U.S. even in the political climate after the September 11, 2001 attacks on New York's World Trade Center. While much of the laws were repealed in 1921, major portions of the Espionage Act remain part of U.S. law (18 USC 793, 794). The libel decision of Sullivan v. New York Times (1964), by granting special protection to criticism of public officials, largely eliminated what remained of the crime of sedition in the United States. [1]
The US Congress has enacted other laws to protect specific types of information including:
- cryptographic intelligence and methods - 18 USC 798
- nuclear weapons and materials (Restricted Data) - Atomic Energy Act of 1954 (42 USC 2162, 2163, 2168, and 7383)
- industrial trade secrets - Industrial Espionage Act of 1996 (18 USC Chapter 90)
- intelligence sources and methods (Wnintel) - in particular the Intelligence Identities Protection Act (50 USC 421–426)
- data stored on computers - Computer Fraud and Abuse Act (18 USC 1030) and the Stored Communications Act (18 USC 2701)
- patient medical records (HIPAA)
- video tape rental and sale records (18 USC 2710)
Recent Attention
On October 28, 2005, Lewis Libby resigned from his position in the White House. This followed immediately after he was indicted on five criminal felony charges including obstruction of justice, making false statements and perjury pertaining to the CIA-Plame name leak. Special Counsel Patrick Fitzgerald indicated that he considered the charges grave, as they represented a fundamental attack on the legal system. Also mentioned in the indictment, but not charged was that "Libby was obligated by applicable laws and regulations, including Title 18, United States Code, Section 793," which is (as noted above) the Espionage Act (page 2, section b [2]).
See also
- Freedom of Information Act (United States)
- Executive Order 13292 Classified National Security Information
- Official Secrets Act (U.K. and others)
- Security clearance
External links
- United States Code (USC)
- Full Text of the original (1917) US Espionage Act
- United States v. Morison, a 1985 ruling that leaks to the press of classified information by government officials are prosecutable under 18 USC 793(d). The court specifically found that there in no need under this law to show any "evil purpose."
- Seymour Stedman, a Chicago attorney, who defended Eugene V. Debs and Rose Pastor Stokes on Espionage Act violations during WWI
- The United States v. Rose Pastor Stokes (1918)
- 2005 Federal Indictment of Lewis Libby (Page 2, section b)