Director of National Intelligence James Clapper criticized the news media Saturday for what he called a “rush to publish” information based on “reckless” leaks about the government surveillance tool PRISM.
“Over the last week we have seen reckless disclosures of intelligence community measures used to keep Americans safe,” Clapper said in a statement.http://www.politico.com/...
(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwisemakes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section—
The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;
The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;
. . .
[b]The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;[/b]
Recklessness is a legal term. It is one step shy of knowing action. Basically the DNI has just told the press that if they don't back off this story they might graduate to knowing action, and be subject to prosecution.
The guardian release another PRISM slide today. This goes directly to the question of if the government
The US media is not reporting on the new slide. Instead it is full of denials from tech companies. Under the law any spokesman who admitted to what is going on would face prison time.
It seems like the government is trying to threaten the media into killing the story.
8:39 PM PT: On what recklessly means:
Since its publication in 1957, the formulation of mens rea set forth in the Model Penal Code has been highly influential throughout North America in clarifying the discussion of the different modes of culpability.
Strict liability: the actor engaged in conduct and his mental state is irrelevant. Under Model Penal Code Section 2.05, this mens rea may only be applied where the forbidden conduct is a mere violation, i.e. a civil infraction.
Negligently: a "reasonable person" would be aware of a "substantial and unjustifiable risk" that his conduct is of a prohibited nature, will lead to a prohibited result, and/or is under prohibited attendant circumstances, and the actor was not so aware but should have been.
Recklessly: the actor consciously disregards a "substantial and unjustifiable risk" that his conduct is of a prohibited nature, will lead to a prohibited result, and/or is of a prohibited nature.
Knowingly: the actor is practically certain that his conduct will lead to the result, or is aware to a high probability that his conduct is of a prohibited nature, or is aware to a high probability that the attendant circumstances exist.
Purposefully: the actor has the "conscious object" of engaging in conduct and believes or hopes that the attendant circumstances exist.