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The thing is that they already have the framework to do this. A senator is immune from prosecution for anything state on the floor of the senate. If Wyden is

The thing is that they already have the framework to do this. A senator is immune from prosecution for anything state on the floor of the senate. If Wyden is on the senate floor, he could read off the nuclear launch codes and there's not a damn thing that the executive can do about it. Furthermore, the senate has closed sessions. They had one just a couple of years ago for the START treaty. A senator could take the floor, tell the rest of the senate about any classified material they like, and the information isn't released to the public unless the Senate votes to remove the injunction of secrecy, so the information remains secure. Even if the injunction is removed, the senator is still protected by some fairly strict constitutional privilege. This seems to be a solved problem.

etanazir 13y ago
Is the senate floor secure from advanced eavesdropping? Can't you bounce a laser off of the marble and listen in?
- nightpool 13y ago
  I believe they can have a senate session in a more secure location if it becomes necessary. More worrying is what happens when you now have 535 publicity-seeking people knowing about it. See AnimalMuppet's comment upthread, which I think sums the situation up pretty well.
higherpurpose 13y ago
I know about that, but I'm not sure that they are sure they could do something like that and get away with it. Couldn't they be accused of treason or something, and have their immunity revoked? That's why I'm saying that it should be explicitly mentioned in the law that a Senator can do this in Congress, during that Senate briefing. It shouldn't be some vague power that states Senators can do a lot of stuff without fear of repercussion.
valarauca1 13y ago
Actually I'd bet good money if a senator basically starting reading the details of NSA drag net plan on the senate floor they'd be prosecuted by some court for aiding terrorism, or not being American enough.
- gizmo686 13y ago
  Ignoring the political implications for prosecuting a congressperson for leaking on the NSA, you have a lot of legal precedent to overcome. Article 1, Section 6 (the speech and debate clause) of the US constitution states: "...and for any Speech or Debate in either House, they [Senator or Representatives] shall not be questioned in any other Place." In the case of Gravel v. United States, Senator Mike Gravel read the Pentagon Papers into the congressional record. This was held as protected.
  - hirammcdaniels 13y ago
    They can, however, be questioned in that Place. The House is certainly welcome to impeach a house member who reads launch codes on the floor.
    - thyrsus 13y ago
      I wonder if 00000000 was ever read into the congressional record? http://arstechnica.com/tech-policy/2013/12/launch-code-for-us-nukes-was-00000000-for-20-years/ http://arstechnica.com/tech-policy/2013/12/launch-code-for-u...

etanazir 13y ago

Is the senate floor secure from advanced eavesdropping? Can't you bounce a laser off of the marble and listen in?

nightpool 13y ago
I believe they can have a senate session in a more secure location if it becomes necessary. More worrying is what happens when you now have 535 publicity-seeking people knowing about it. See AnimalMuppet's comment upthread, which I think sums the situation up pretty well.

higherpurpose 13y ago

I know about that, but I'm not sure that they are sure they could do something like that and get away with it. Couldn't they be accused of treason or something, and have their immunity revoked? That's why I'm saying that it should be explicitly mentioned in the law that a Senator can do this in Congress, during that Senate briefing. It shouldn't be some vague power that states Senators can do a lot of stuff without fear of repercussion.

valarauca1 13y ago

Actually I'd bet good money if a senator basically starting reading the details of NSA drag net plan on the senate floor they'd be prosecuted by some court for aiding terrorism, or not being American enough.

gizmo686 13y ago
Ignoring the political implications for prosecuting a congressperson for leaking on the NSA, you have a lot of legal precedent to overcome. Article 1, Section 6 (the speech and debate clause) of the US constitution states: "...and for any Speech or Debate in either House, they [Senator or Representatives] shall not be questioned in any other Place." In the case of Gravel v. United States, Senator Mike Gravel read the Pentagon Papers into the congressional record. This was held as protected.
- hirammcdaniels 13y ago
  They can, however, be questioned in that Place. The House is certainly welcome to impeach a house member who reads launch codes on the floor.
  - thyrsus 13y ago
    I wonder if 00000000 was ever read into the congressional record? http://arstechnica.com/tech-policy/2013/12/launch-code-for-us-nukes-was-00000000-for-20-years/ http://arstechnica.com/tech-policy/2013/12/launch-code-for-u...