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               Congressional                                                       ____
           ~   Research Service






Statutory Restrictions on the Use of

Journalists for Intelligence Purposes



May 1,   2023

On  March 29, 2023 Russian authorities arrested Wall Street Journal reporter Evan Gershkovich and
charged him with espionage. The U.S. Department of State subsequently determined that Gershkovich is
wrongfully detained and that the U.S. government will provide all appropriate support to secure the
journalist's release.
This Insight provides background and issues facing Congress concerning U.S. statutory restrictions on the
use of journalists for intelligence purposes. Congress may examine whether existing statutory provisions
sufficiently protect overseas U.S. journalists from the perception by adversarial governments or non-state
actors of affiliation with the U.S. intelligence community.


Background

Prior to the mid-1970s, reportedly it had been a practice of the Central Intelligence Agency (CIA) to use
journalists for intelligence collection purposes. However, following the investigations into past United
States intelligence activities by two congressional select committees (chaired by Senator Frank Church
and Representative Otis Pike), it has seemingly been the policy of the intelligence community not to use
journalists, clergy, or aid workers for intelligence purposes, other than in exceptional circumstances. A
declassified CIA regulation from 1987, for example, states that the agency would not use accredited U.S.
or foreign journalists, clergy, or Peace Corps workers for intelligence purposes. Open, acknowledged
relationships with the clergy and journalists for conducting translation or training services, or (for clergy)
religious services, were allowed. (AR 2-2, Law and Policy Governing the Conduct of Intelligence
Activities, December 23, 1987, pp. 27-30, at
https://www.cia.gov/readingroom/docs/DOC_0006235713.pdf )
The exception to this policy was described in July 1996 testimony for the Senate Select Committee on
Intelligence by John Deutch, then-Director of Central Intelligence (DCI). Deutch expressed his reluctance
to ever use journalists. Nevertheless, he defended maintaining an exception in extremely rare.. highly
improbable circumstances that could result in intelligence enabling disruption of an extreme threat to
the Nation.


                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN12154

CRS INSIGHT
Prepared for Members and
Committees of Congress

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