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The espionage act treats negligence with strict liability. So if you "could have" caused a leak, it's still treated like a leak.
by havblue 4y ago
The espionage act treats negligence with strict liability. So if you "could have" caused a leak, it's still treated like a leak.
- whalesalad 4y agoIs your username an homage to the stealth fighter?
- havblue 4y agoYes
- dragonwriter 4y ago> The espionage act treats negligence with strict liability “Negligence” and “strict liability” are different standards, you can’t treat one with the other. > So if you "could have" caused a leak, it's still treated like a leak. That’s very much not how the Espionage Act works, even just on the statute and beforr considering Supreme Court precedent limiting its application.
- havblue 4y agoMy original explanation wasn't that good and yes, I conflated the espionage act with how this situation would be handled (by the DOD) https://www.cyberdefensemagazine.com/data-spill-an-everyday/ https://www.cyberdefensemagazine.com/data-spill-an-everyday/ This is a better summary. At the start, everyone's phones would likely be confiscated and, I would think, destroyed, if they were discovered to have classified data on them. However, if the data was in the cloud it would be an even bigger deal.