Jennifer K. Elsea
Legislative Attorney
Concern that government documents obtained by WikiLeaks and disclosed to several newspapers could reveal the identities of United States intelligence agents or informants has focused attention on whether the disclosure or publication of such information could give rise to criminal liability. This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents. The act, as amended, is codified at 50 U.S.C. §§ 421-426, and provides criminal penalties in certain circumstances for intentional, unauthorized disclosure of information identifying a covert agent, where those making such a disclosure know that the information disclosed identifies the covert agent as such and that the United States is taking affirmative measures to conceal the covert agent’s foreign intelligence relationship to the United States. The act prescribes punishments for disclosing the identities of covert agents with increasing severity according to the level of access to classified information the offender exploited. Offenders without authorized access to classified information are subject to punishment only if they participated in a pattern of activity designed to discover and reveal the identities of covert agents and have reason to believe that such disclosure will harm U.S. intelligence operations.
The act also provides exceptions and defenses to prosecution, makes provision for extraterritorial application for offenders who are U.S. citizens or permanent resident aliens, includes reporting requirements to Congress, and sets forth definitions of the terms used in the act. There do not appear to be any published cases involving prosecutions under this act, despite some high-profile incidents involving the exposure of U.S. intelligence agents. Although some officials have expressed concern that the WikiLeaks disclosures could endanger the lives of persons who provided information to assist U.S. forces in Iraq or Afghanistan or to embassy officials, the narrowness of the statute makes it an unlikely vehicle for prosecuting anyone responsible for publishing those names.
Date of Report: January 28, 2011
Number of Pages: 10
Order Number: RS21636
Price: $19.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
Concern that government documents obtained by WikiLeaks and disclosed to several newspapers could reveal the identities of United States intelligence agents or informants has focused attention on whether the disclosure or publication of such information could give rise to criminal liability. This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents. The act, as amended, is codified at 50 U.S.C. §§ 421-426, and provides criminal penalties in certain circumstances for intentional, unauthorized disclosure of information identifying a covert agent, where those making such a disclosure know that the information disclosed identifies the covert agent as such and that the United States is taking affirmative measures to conceal the covert agent’s foreign intelligence relationship to the United States. The act prescribes punishments for disclosing the identities of covert agents with increasing severity according to the level of access to classified information the offender exploited. Offenders without authorized access to classified information are subject to punishment only if they participated in a pattern of activity designed to discover and reveal the identities of covert agents and have reason to believe that such disclosure will harm U.S. intelligence operations.
The act also provides exceptions and defenses to prosecution, makes provision for extraterritorial application for offenders who are U.S. citizens or permanent resident aliens, includes reporting requirements to Congress, and sets forth definitions of the terms used in the act. There do not appear to be any published cases involving prosecutions under this act, despite some high-profile incidents involving the exposure of U.S. intelligence agents. Although some officials have expressed concern that the WikiLeaks disclosures could endanger the lives of persons who provided information to assist U.S. forces in Iraq or Afghanistan or to embassy officials, the narrowness of the statute makes it an unlikely vehicle for prosecuting anyone responsible for publishing those names.
Date of Report: January 28, 2011
Number of Pages: 10
Order Number: RS21636
Price: $19.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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