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View Diary: Obama - citing Snowden leaks punishable - truth??? (105 comments)

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  •  what government deems you can know about (15+ / 0-)

    your government.........

    “The goal of pre-publication review is to prevent the unauthorized disclosure of information,” the Instruction says, whether the information is classified or not.

    _______________The DOD/ War Department, which consumes 22% of the national budget, is the world's largest employer with 3.2 million employees.

    by allenjo on Fri May 09, 2014 at 07:15:18 AM PDT

    [ Parent ]

    •  Leaked material can't be used as source material (14+ / 0-)

      'Preventing unauthorized disclosure', is, as you say, allenjo, the stated goal of the document.  However, the document does more than that.  This Instruction states that information that is already part of the public record due to "known leaks, or unauthorized disclosures of sensitive information" cannot be cited or referred to by the class of citizens whose Right to Free Speech is now under Prior Restraint.

      In order to support a request for pre-publication review, requesters are advised to provide unclassified sources for their proposed disclosures. “ODNI personnel must not use sourcing that comes from known leaks, or unauthorized disclosures of sensitive information.”

      The reporting on this tells us a great deal more about the intention of the Instruction (same link as above):
      “The goal of pre-publication review is to prevent the unauthorized disclosure of information,” the Instruction says, whether the information is classified or not. It applies broadly to any information generated by ODNI “that discusses operations, business practices, or information related to the ODNI, the IC, or national security.”

      The Instruction is binding on current and former ODNI employees, as well as contractors.

      [New Instruction requires]  approval prior to participation in “open discussion venues such as forums, panels, round tables, and question and answer sessions.”

      “Pre-publication review must be conducted before any uncleared personnel can receive the information,” the Instruction states.

      Who are these 'uncleared personnel'?

      We are.

      When the Espionage Act/First Amendment were being heavily discussed in 2010-2011 (the WikiLeaks era), I read quite heavily on these issues.  Up until the WikiLeaks era, a settled understanding of 'secret' documents vs First Amendment rights (which had been established during WWI & WWII) to the effect that, once 'secret' documents had been published (even by a 'lonely pamphleteer'), that information was public information, even if its classification remained in place.  (Sorry, my hard drive died in Apr 2011 and all that research was lost, so I can't provide the links I had collected.)

      This new Instruction is, imo, an attempt by ODNI (which also means WH/Admin Branch) to re-define settled law by fiat,  and it will have a chilling effect on reporting and public dialogue.

      You may recall an intriguing piece of absurdist theater that took place in the WikiLeaks era, again by fiat:  All military and government employees -- and their families! -- were forbidden to set their eyes on any of the leaked documents that were splashed all over the newspapers, TV, and the Internet.  This led to absurdities like govt PR people being unable to talk to reporters because they were forbidden to read the news.  These orders were withdrawn (iirc) after members of a military college asked for detailed instructions on what they were/were not permitted to study in their Political Science courses.

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