Legality of viewing leaked classified top secret documents

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drumdude
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Legality of viewing leaked classified top secret documents

Post by drumdude »

With the new recent leak of several top secret documents again, it appears the internet is divided on the legality of viewing them and sharing links of them.

We’ve been here before- with the Snowden leaks. Those photos were widely circulated on the internet and very easily accessible with a simple google image search.

Since this forum has quite a few lawyers on it, I figure I’d pick your brains to see what you think. I’m aware most of the lawyers here probably don’t do much work in this specific space, but figured I’d ask anyway.
honorentheos
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Re: Legality of viewing leaked classified top secret documents

Post by honorentheos »

A different question is about the ethics of doing so.
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Re: Legality of viewing leaked classified top secret documents

Post by Vēritās »

I've always considered it dangerous for leaked documents to be leaked, especially relating to the Pentagon. But some people think everything needs to be disclosed no matter what (i.e. Snowden).
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drumdude
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Re: Legality of viewing leaked classified top secret documents

Post by drumdude »

Good points, but ethics and the actual act of leaking aside: what about the legality of viewing the Snowden files or these recent leaks? Assuming the viewer is not a government employee with a special duty to protect classified documents.
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DaveIsHere
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Re: Legality of viewing leaked classified top secret documents

Post by DaveIsHere »

It doesn't matter if you people (a.k.a., those without any clearance) see stuff. What matters is if it's classified. Here's the warning for all that hold such clearance...

Did you receive an official notification that the information covered is deceased? If yes, your cool. If no, your screwed and may the full weight on law beat down on ya.

Loose lips sink ships and now a few of my friend had to endure PowerPoint presentations stating the obvious.
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honorentheos
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Re: Legality of viewing leaked classified top secret documents

Post by honorentheos »

The act alone couldn't be considered illegal as the journalists reviewing the information aren't likely to face prosecution for reporting on the material. But I doubt it's as clean as saying the civilian persons on the Discord that OG posted on originally are walking away as if nothing happened. That's not to say they would go to jail. But there may be consequences. Such as not being able to get jobs that require obtaining a security clearance, for example.
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Res Ipsa
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Re: Legality of viewing leaked classified top secret documents

Post by Res Ipsa »

Beats me.
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¥akaSteelhead
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Re: Legality of viewing leaked classified top secret documents

Post by ¥akaSteelhead »

Once a document is leaked and disseminating in public it has entered the public sphere and is no longer technically classified. Doesn't mean the Feds don't try to put the toothpaste back into the tube, and doesn't mean they won't try to prosecute you for viewing them - especially if you have a clearance and are given access to certain intel, but not the leaked stuff. Also remember the espionage act does not deal with classified material rather that which can have impact to national security.

Was interesting back when the Wiki leaks stuff was being disseminated all over, I as a security clearance holder was specifically told we could not go look at it.
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Re: Legality of viewing leaked classified top secret documents

Post by ¥akaSteelhead »

NOTICE

TO CONTRACTORS CLEARED UNDER THE NATIONAL INDUSTRIAL SECURITY PROGRAM ON INADVERTENT EXPOSURE TO POTENTIALLY CLASSIFIED INFORMATION IN THE PUBLIC DOMAIN

December 31, 2013

Contractors shall not, while accessing the web on Contractor’s unclassified systems, access or download documents that are known or suspected to contain classified information. Classified information, whether or not already posted on public websites, disclosed to the media, or otherwise in the public domain remains classified and must be treated as such until such time it is declassified by an appropriate U.S. government authority. It is the responsibility of every Contractor to protect classified information and to follow established procedures for accessing classified information only through authorized means.

Contractors who inadvertently discover potentially classified information in the public domain shall report its existence immediately to their Facility Security Officers (FSO). Companies are instructed to delete the offending material by holding down the SHIFT key while pressing the DELETE key for Windows-based systems and clearing of the internet browser cache. Subsequently, administrative inquires and adverse reports are not required. These procedures apply only to the inadvertent exposure to classified information in the public domain.
It is the height of irony - things in the public domain aren't technically able to be classified, yet the government makes it so by fiat, and the government can actually re classify things that have been previously declassified.
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Re: Legality of viewing leaked classified top secret documents

Post by ¥akaSteelhead »

https://law.stanford.edu/wp-content/upl ... v-1037.pdf

Good read on the topic. Joe Q public has less risk than anyone who has signed the various forms and attestations to get a security clearance. A clearance holder should treat leaked docs like nuclear waste.
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