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Equipamentos: Inteligência e contra

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Speech by ReadSpeaker

quinta-feira, 20 de janeiro de 2011

CPBR11 - Al Gore e Tim Berners Lee

Espionage Act e o Wikileak

Os Estados Unidos estão utilizando de diversos recursos para manter a classificação sigilosa de documentos ditos “Informação de Defesa” que podem ferir o Espionage Act e o First Amendment que pregam a punição de civis e empresas jornalísticas e sugere a extradição. Documento, em inglês, diponibilizado pela Biblioteca do Pentágono esclarece o assunto. Acesso pelo link abaixo.

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

Valfredo Lima da Silva
Bibiotecário
IFBA-SALVADOR

terça-feira, 18 de janeiro de 2011

Criminal Prohibitions on the Publication of Classified Defense Information

The recent online publication of classified defense documents and diplomatic cables by the
organization WikiLeaks and subsequent reporting by the
have focused attention on whether such publication violates U.S. criminal law. The Attorney
General has reportedly stated that the Justice Department and Department of Defense are
investigating the circumstances to determine whether any prosecutions will be undertaken in
connection with the disclosure.
This report identifies some criminal statutes that may apply, but notes that these have been used
almost exclusively to prosecute individuals with access to classified information (and a
corresponding obligation to protect it) who make it available to foreign agents, or to foreign
agents who obtain classified information unlawfully while present in the United States. Leaks of
classified information to the press have only rarely been punished as crimes, and we are aware of
no case in which a publisher of information obtained through unauthorized disclosure by a
government employee has been prosecuted for publishing it. There may be First Amendment
implications that would make such a prosecution difficult, not to mention political ramifications
based on concerns about government censorship. To the extent that the investigation implicates
any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may
carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether
suspected persons may be extradited to the United States under applicable treaty provisions.
This report will discuss the statutory prohibitions that may be implicated, including the Espionage
Act; the extraterritorial application of such statutes; and the First Amendment implications related
to such prosecutions against domestic or foreign media organizations and associated individuals.
The report will also provide a summary
New York Times and other news media