3 ms·

What are the legal details on publishing sensitive or classified material in time of peace, if you are not constrained to silence by your duties? I don't know t

by po 16y ago

What are the legal details on publishing sensitive or classified material in time of peace, if you are not constrained to silence by your duties? I don't know that that's ever been seriously treated in the US. Treason? Applies to citizens acting against their own sovereign nation. I don't know what you call it from a non-citizen. Perhaps sedition?

pnathan 16y ago
Well, Merriam Webster defines sedition as "incitement of resistance to or insurrection against lawful authority"[1]. Treason also has a fairly narrow meaning, "the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family"[2]. I don't believe Wikileaks' actions falls under sedition or treason. Certainly I've never heard them of them advocating insurrections or US government overthrow. What they did do is publish large amounts of data classified by the US. Legally, that should be a crime, I believe. I'm not sure it is. From my brief (and IANAL) reading on the question, it's never been adequately addressed, and it brings up massive First Amendment issues. There is also the question of Assange, who is not a US citizen, and therefore not per se subject to US law, and then Applebaum, who is a US citizen, and therefore unquestionably subject to US law. Even under harsher strictures is Manning (and other soldiers), who are under military US law, which is not like civilian law. The laws have to deal with the "electronic frontier". They must, or we will continually mire ourselves in grey areas of general suspiciousness. [1] http://www.merriam-webster.com/dictionary/sedition?show=0&t=1302532235 http://www.merriam-webster.com/dictionary/sedition?show=0&#3... [2] http://www.merriam-webster.com/dictionary/treason http://www.merriam-webster.com/dictionary/treason

by po 16y ago

pnathan 16y ago

Well, Merriam Webster defines sedition as "incitement of resistance to or insurrection against lawful authority"[1]. Treason also has a fairly narrow meaning, "the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family"[2]. I don't believe Wikileaks' actions falls under sedition or treason. Certainly I've never heard them of them advocating insurrections or US government overthrow. What they did do is publish large amounts of data classified by the US. Legally, that should be a crime, I believe. I'm not sure it is. From my brief (and IANAL) reading on the question, it's never been adequately addressed, and it brings up massive First Amendment issues. There is also the question of Assange, who is not a US citizen, and therefore not per se subject to US law, and then Applebaum, who is a US citizen, and therefore unquestionably subject to US law. Even under harsher strictures is Manning (and other soldiers), who are under military US law, which is not like civilian law. The laws have to deal with the "electronic frontier". They must, or we will continually mire ourselves in grey areas of general suspiciousness. [1] http://www.merriam-webster.com/dictionary/sedition?show=0&t=1302532235 http://www.merriam-webster.com/dictionary/sedition?show=0&#3... [2] http://www.merriam-webster.com/dictionary/treason http://www.merriam-webster.com/dictionary/treason