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"Official Secrets Act" Proposed
The equivalent of an Official Secrets Act – a bill that would criminalize the unauthorized disclosure of classified information – has been filed by Sen. Kit Bond, R-Mo. It is identical in wording to the legislation passed in Congress in 2000 and then pocket-vetoed by President Clinton after a strong lobbying effort by the media and others. It covers a wide swath of information held by current and former government officials, employees, contractors and others who have or have had authorized access to classified information.
There are 11 co-sponsors, all Republican: Trent Lott, Miss.; Saxby Chambliss, Ga.; Ted Stevens, Alaska; Orin Hatch, Utah; Rick Santorum, Pa.; John Cornyn, Tex.; Pete Domenici, N.M.; Robert Bennett, Utah; and Lamar Alexander, Tenn.
The bill does not specifically criminalize receipt of classified information, but recent experience suggests that this bill, if enacted would not only put a significant chill into relationships journalists have or may have with sources who have access to information that may be labeled as "classified," but it could well lay the ground work for more so-called "leaks" investigations that result in subpoenas to journalists.
It is a bill that should receive your highest priority and attention. The media and its counsel should do all that they can to prevent the passage of this legislation.
The resources below provide more information on the bill and how you and your organization can help stop its passage.
S. 3774 as introduced (PDF File)
Statements in Support of S. 3774 (PDF File)
Media Organizations Letter Against S. 3774 (PDF File)
Media Anchors Letter Against S. 3774 (PDF File)
Kansas City Star editorial against S. 3774 (PDF File)
Congressional Review of “Anti-Leaks” Legislation (briefing by Sunshine in the Government Initiative) (PDF File)
Sibel Edmonds article on S. 3774 (PDF File)
Links
Summary and Status of S. 3774 (Library of Congress / THOMAS)
OMB Watch: 2001 Official Secrets Act attempts
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