[LINK] Espionage Act makes felons of us all

[Rick Welykochy]

David Boxall wrote:

> So much for the first amendment:
> <http://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States>

A reading of the following document from the non-partisan
legal research body CRS,

<http://www.fas.org/sgp/crs/secrecy/R41404.pdf>

indicates that there have been very few successful prosecutions
both domestically and overseas using the Espionage Act. And some
found guilty under the Act have even been pardoned.

As posted yesterday to link:

<http://blogs.computerworld.com/17521/espionage_act_makes_felons_of_us_all>

   "A recent report from the Congressional Research Service (CRS) suggests
    that there may be sufficient legal precedent to keep the news media from
    being held liable."

What could be at stake here, given that the press itself is protected
by special provisions in the Act, are those who are not members of the
press found to be disseminating classified documents on the Internet.
And the possibility of extradition proceedings from foreign countries
to the US jurisdiction for prosecution under the Act. Or perhaps even
a fast track straight to Gitmo.

The CRS document demonstrates the complexity of the issue, as it is indeed
tied up in a legal wrestle between rights set forth the American Constitution
and the need to keep state secrets secret.

I don't know if the protections available under the American Constitution
apply to non-American citizens. Anybody know?


cheers
rickw

-- 
_________________________________
Rick Welykochy || Praxis Services

An error doesn't become a mistake until you refuse to correct it.
      -- Orlando A. Battista