3 ms·
If you had no idea it was classified before you distributed it, you probably wouldn't have broken any laws. Given the way classified documents are labeled, tha
by lucasjung 16y ago
If you had no idea it was classified before you distributed it, you probably wouldn't have broken any laws. Given the way classified documents are labeled, that's an incredibly unlikely scenario: classified documents are marked with the classification level on every page and paragraph (individual paragraphs may be classified at a lower level than the overall document), and have cover sheets explaining exactly what the classification level means, which includes a statement warning the reader that anyone can be prosecuted for unauthorized distribution, not just people who have agreed to protect it. So your understanding is wrong: the prohibition extends to everyone. There are also directions for what to do with it if you aren't supposed to have it (e.g. "Return to nearest office of [appropriate federal department or agency].")
If the hypothetical piece of paper on the street were a single page marked with a classification level, but without the cover sheet and its explanation, you might be able to argue that you didn't think that you were legally prohibited from distributing that information. Then again, "I didn't know that was illegal, your honor," generally doesn't play well in the courts. IANAL, so I can't tell you what would happen in this situation, but I can tell you that even if you were to avoid conviction the overall experience would probably be time consuming, expensive, and generally unpleasant.
- rhizome 16y agoPlease cite the laws under which you propose that people without clearance be prosecuted for viewing Wikileaks releases.
- lucasjung 16y agoEnough with the strawmen: I never said anything about viewing. I keep saying "distribute" and you keep substituting other words like "possess" or "view." Please stop. For that matter, I honestly couldn't tell you which statutes provide for prosecution of non-cleared persons who distribute classified materials. All I can tell you is that every classified document has a cover sheet, and that at least some of those cover sheets specifically state that you can be prosecuted for distributing the contents to unauthorized people, even if you haven't agreed to protect it. It's been a long time since I've seen one, so I don't remember the exact wording but the warnings were stern enough that I remember them being there. Maybe the cover sheets cite a statute, maybe they don't specify. Maybe the whole bit about prosecution is a bluff, but I somehow doubt that an anal-retentive government bureaucracy would print official documents with a bluff that audacious.