[国会纪录：2010年12月2日（参议院）]关于引入的账单和少尉（为自己，Liberman先生和Massachusettrs先生）发言美国4004年．修订《美国法典》第18编第798节的法案，规定披露与某些情报活动和其他目的有关的机密信息的惩罚;提交司法机构委员会。旗先生。总统先生，我今天站起来，是为了应对我们国家安全面临的一个新的、非常严重的威胁。今年7月，由澳大利亚公民朱利安·阿桑奇(Julian Assange)领导的“维基解密”(WikiLeaks)公布了9万份与我们在阿富汗打击塔利班叛乱分子和基地组织的战斗有关的机密情报文件。10月，维基解密(WikiLeaks)丢弃了40万份机密文件，这些文件围绕着我们国家和我们的联盟伙伴为给伊拉克人民带来民主、和平与稳定所做的努力。现在，就在几天前，维基解密又丢弃了25万份文件，这些文件披露了外交官和国家元首之间的私人通信——这些通信对于政府之间就当今许多相关和具有挑战性的国际问题进行批判性讨论是必要的。金博宝正规网址鉴于维基解密已经造成的破坏和持续的威胁，我在此向大家介绍法案这将有助于捍卫我们的国家利益，保护我们的部队，并为我们的朋友和盟友提供保证，以至于他们对我们私营的盟友与我们留下的人，以及维基解密或其他人的鲁莽行动会产生后果的影响谁可能会尝试做他们所做的事情 - 与我们的价值观和第一次修正案一致的后果。让我花一些时间检查这种威胁的性质和一些严重的含义。在Wikileaks倾倒了400,000份关于我们促进伊拉克民主的努力之后，五角大楼发言人Geoffrey Morrell表示不得不争夺300名伊拉克人，因为我们立即关注他们的安全。他继续说，在这些泄露的文件中可能会发现多达60,000名伊拉克人。让我们考虑那些伊拉克人的困境。这些人向我们致力于我们认为他们认为有助于他们的政府处理叛乱和恐怖主义的存在，这是对其国家的和平与稳定的障碍。然而，这种卑鄙的性格朱利安·索兰，通过将他们命名为敌人来奖励他们的勇敢。这让他们的生活和家人的生活在危险之中。这种劝阻其他伊拉克人来向前和站立自由。 This, in turn, jeopardizes the lives of our American troops and harms our efforts to provide stability in Iraq to the point where we can withdraw our troops. Unfortunately, if Iraqis become afraid to speak out against the terrorists in their midst for fear of being named by Julian Assange, succeeding becomes that much more difficult. Let's turn to Afghanistan. Back in July, I read in the Times of London a very interesting assessment about the implication of Mr. Assange's actions. Let me quote: Hundreds of Afghans' lives have been put at risk by the leaking of 90,000 intelligence documents because the files identify informants working with NATO forces. Let me quote again from the Times: In just two hours of searching the WikiLeaks archive, the Times found the names of dozens of Afghans credited with providing detailed intelligence to U.S. forces. Their villages are given for identification and also, in many cases, their fathers' names. To the credit of the Times, they cited examples to back up their claims. But as any responsible media organization should, they at least, in their report, took the steps of hiding the names of the villagers who came forward with information to assist their government and NATO. Madam President, just as WikiLeaks recklessly dumped the leaked intelligence on Afghanistan, a Taliban spokesperson gave an interview in which he said: We are studying the report. . . .We will investigate through our own secret service whether the people mentioned are really spies working for the U.S. If they are U.S. spies, then we know how to punish them. I don't think I need to elaborate on how the Taliban punishes their enemies. Now we have this latest dump of classified State Department cables and information. I applaud our former colleague, Secretary Clinton, for the excellent remarks she has made on this issue. She pointed out that the leaks have put people's lives in danger, threatened our national security, and undermined our efforts to work with other countries to solve shared problems. An essential dialog takes place between nations--a dialog that has existed since nations first began. With that dialog, diplomats need to be able to express their views candidly and, yes, privately. This is how a lot of problems are solved. Our Nation is working toward international solutions to some very complex problems. The Government of Yemen is fighting terrorists that reside within their own borders. The proliferation of nuclear weapons technology and the threat of long-range missiles in North Korea are problems that require multilateral international engagement. Secretary Clinton made another point I will focus on for a moment. Assange didn't just leak classified details about meetings between diplomats. Our diplomats overseas meet with local human rights workers, journalists, religious leaders, and others--people with unique insight into a wider range of issues. Unfortunately, we live in a dangerous world where revealing the identity of someone fighting for social issues, such as women's rights or children's rights or the identity of an advocate for religious freedom could have serious repercussions that include imprisonment, torture, or even death. I wonder if WikiLeaks understands if Afghan villagers or activists fighting for human rights under oppressive regimes are killed as a result of being named in these leaks, the blood of these good people is on their hands. Before I proceed with an examination of the bill that I have crafted to address this threat, let's be clear about some things. No one should do Julian Assange any credit by referring to him as a journalist or as part of the news media. He is a computer hacker and an anarchist. True to his hacker roots, he has devised a portal through which he hopes members of our government will anonymously and surreptitiously provide him unfettered access to our closest secrets. Make no mistake, these actions have harmed our friends and helped our enemies in a manner prejudicial to the safety and national interest of the United States. So with this threat in mind, a threat that the Founders could have never seen coming, we have crafted a bill that amends the Espionage Act, specifically Title 18, Section 798. Under current law, it is a criminal act for someone who knowingly and willfully communicates, furnishes, transmits, publishes, or otherwise makes available to any unauthorized person any classified information concerning the communication intelligence activities of our United States of America. My bill, which we are introducing today, extends this protection currently afforded to the communications intelligence to human intelligence, known as HUMINT. This bill protects human intelligence sources and methods. I want to be very clear. It is my opinion that we can go after Julian Assange under the current statute. But what our legislation does is updates this decades-old statute to address this evolving threat prospectively. I have no doubt that Assange is going to put out another document dump on [[Page S8400]] his Web site and another one after that. Once he does, this bill would give the administration increased flexibility to deal with him and potentially other copycat organizations that aspire to his likeness. There are a couple of concerns I want to address. First, one might wonder how this bill stands with our first amendment. While I hope we can all agree that Julian Assange is no journalist, some might wonder if the amended law that would result from this bill could be applied to the news media. It is pretty frustrating for the intelligence community when communications intelligence sources and methods are blown. When this happens, sources of vital intelligence dry up or become inaccessible, and potentially millions of defense dollars go down the drain. However, despite the serious consequences associated with losing a communications intelligence source or method, and the damage that does to our national security, no Presidential administration has ever prosecuted a member of the news media under the existing statute, which has been on the books since 1951. Let's face it, leaks do happen. As Secretary Gates stated just a few days ago, regrettably, our government leaks classified information like a sieve. This bill does not stop anybody from publishing leaks, but it does provide legal incentive to Julian Assange to do what Amnesty International has repeatedly asked him to do: be more responsible about how classified leaks are handled by not revealing the identity of these classified human intelligence sources. Let me be clear. This bill doesn't target journalists. Instead, it provides flexibility for the Attorney General with a targeted solution and increased flexibility to deal with WikiLeaks. Some might be wondering whether Julian Assange, who is a foreign citizen, can be prosecuted under the Espionage Act. In fact, the courts long ago established that he can be prosecuted under these statutes. I am not a lawyer, but if you study the United States v. Zehe from 1986, it becomes immediately clear that Assange can be prosecuted under the Espionage Act. That said, my concern is that our existing laws may have some loopholes through which he can escape. In fact, just a few days ago in the Washington Post, I read where Attorney General Holder said: To the extent that there are gaps in our laws . . . we will move to close those gaps. Well, I submit that the bill I am introducing today, with a couple of others, will do just that. It closes a gap in our laws and it moves to protect vital human intelligence sources and methods consistent with the manner in which current law communications intelligence is already protected. I thank Senators Lieberman and Brown of Massachusetts for joining me in this important legislation and for the input Senators Lieberman and Brown of Massachusetts have given me on this important legislation. I hope we can take up this bill, consider it, work with the administration, work with the House, and pass this important legislation so the next time, and we know there will be a next time, that Julian Assange and his associates leak classified intelligence that puts people's lives in danger, we can actually have another tool in the arsenal so our Department of Justice can go after these despicable people.

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S 4004是

111年大会

2D会话

美国4004年

修订《美国法典》第18编第798节，规定对披露与美国特定情报活动相关的机密信息及其他目的的惩罚。

在美国参议院

2010年12月2日

少尉（为自己，利伯曼先生和马萨诸塞州的布朗先生）介绍了以下条例草案;这是两次读两次并提交司法委员会

法案

修订《美国法典》第18编第798节，规定对披露与美国特定情报活动相关的机密信息及其他目的的惩罚。

第一节。短标题。

秒。2。对泄露与情报活动有关的机密资料的处罚。

结束