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Out of curiosity, how would such a contract work? Normally the violation of a contract just means a tort and not criminal penalty. Surely you cannot simply say
by threatofrain 5y ago
Out of curiosity, how would such a contract work? Normally the violation of a contract just means a tort and not criminal penalty. Surely you cannot simply say something like, "I agree that exercising my constitutional rights is now a federal offense."
- akiselev 5y agoThe official contract is Standard Form 312 [1] which strictly only carries civil penalties - it's little more than an NDA except it carries the weight of the executive (in the sense that the executive branch can use its authority to enforce it). The actual criminal charges come from a variety of laws like the Espionage Act of 1917, Intelligence Identities Protection Act, etc that each protect a variety of information using a national security exception to get around constitutional issues. My understanding is that the glue that holds them together is this line in SF 312: > In addition, I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of sections 641, 793, 794, 798, 952 and 1924, title 18, United States Code; the provisions of section 783(b}, title 50, United States Code; and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation (again, IANAL and this is definitely not legal advice) [1] https://www.gsa.gov/cdnstatic/SF312-13.pdf?forceDownload=1 https://www.gsa.gov/cdnstatic/SF312-13.pdf?forceDownload=1
- Godel_unicode 5y agoIt sounds like you might be unaware of the existence of NDAs?