The U.S.'s Weak Legal Case Against WikiLeaks

MINCINGBEAST

Friday, December 10, 2010 6:16 PM

A weird law, almost, but not quite, on par with anti-sodomy laws and other dusty relics that still litter the books.

Note that under this monster, everyone who subsequently republished the leak could be liable.

Quote:

---

18 U.S.C. § 793:

(a) Whoever, for the purpose of obtaining information respecting
the national defense with intent or reason to believe that the
information is to be used to the injury of the United States, or to
the advantage of any foreign nation, goes upon, enters, flies over,
or otherwise obtains information concerning any vessel, aircraft,
work of defense, navy yard, naval station, submarine base, fueling
station, fort, battery, torpedo station, dockyard, canal, railroad,
arsenal, camp, factory, mine, telegraph, telephone, wireless, or
signal station, building, office, research laboratory or station or
other place connected with the national defense owned or
constructed, or in progress of construction by the United States or
under the control of the United States, or of any of its officers,
departments, or agencies, or within the exclusive jurisdiction of
the United States, or any place in which any vessel, aircraft,
arms, munitions, or other materials or instruments for use in time
of war are being made, prepared, repaired, stored, or are the
subject of research or development, under any contract or agreement
with the United States, or any department or agency thereof, or
with any person on behalf of the United States, or otherwise on
behalf of the United States, or any prohibited place so designated
by the President by proclamation in time of war or in case of
national emergency in which anything for the use of the Army, Navy,
or Air Force is being prepared or constructed or stored,
information as to which prohibited place the President has
determined would be prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts to
copy, take, make, or obtain, any sketch, photograph, photographic
negative, blueprint, plan, map, model, instrument, appliance,
document, writing, or note of anything connected with the national
defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts to receive or obtain from any person, or from
any source whatever, any document, writing, code book, signal book,
sketch, photograph, photographic negative, blueprint, plan, map,
model, instrument, appliance, or note, of anything connected with
the national defense, knowing or having reason to believe, at the
time he receives or obtains, or agrees or attempts to receive or
obtain it, that it has been or will be obtained, taken, made, or
disposed of by any person contrary to the provisions of this
chapter; or
(d) Whoever, lawfully having possession of, access to, control
over, or being entrusted with any document, writing, code book,
signal book, sketch, photograph, photographic negative, blueprint,
plan, map, model, instrument, appliance, or note relating to the
national defense, or information relating to the national defense
which information the possessor has reason to believe could be used
to the injury of the United States or to the advantage of any
foreign nation, willfully communicates, delivers, transmits or
causes to be communicated, delivered, or transmitted or attempts to
communicate, deliver, transmit or cause to be communicated,
delivered or transmitted the same to any person not entitled to
receive it, or willfully retains the same and fails to deliver it
on demand to the officer or employee of the United States entitled
to receive it; or
(e) Whoever having unauthorized possession of, access to, or
control over any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model,
instrument, appliance, or note relating to the national defense, or
information relating to the national defense which information the
possessor has reason to believe could be used t

NOTIFY: Y  | REPLY  | REPLY WITH QUOTE  | PERMALINK  | TOP  | HOME