February 28, 2017

Some facts about leaks

Secrecy News Blog -There is no law that categorically prohibits all leaks of classified (or unclassified) information. Instead, there is a patchwork of statutes that outlaw some unauthorized disclosures under some circumstances.

The various statutes that have been used to punish leaks of classified information are surveyed in a new publication from the Congressional Research Service. See
The Law and Leaks to the Press, CRS Legal Sidebar, February 22, 2017.

"Not every leak to the press is a federal crime,"
CRS notes. Even when a disclosure is a potential crime, the underlying statutes are not self-activating or self-enforcing. Investigators and prosecutors retain considerable discretion about how to proceed.

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