About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (February 6, 2018)

handle is hein.crs/crsmthmbdut0001 and id is 1 raw text is: Congressional _______ ~*~Research Service nforming the Iegiative debate since 19!4 Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets Jennifer K. Elsea Legislative Attorney February 6, 2018 The recent arrest of a former Central Intelligence Agency (CIA) officer with knowledge of human intelligence operations targeting China that reportedly have been compromised raises questions regarding possible legal recourse the United States may take. The alleged perpetrator, Jerry Chun Shing Lee, was arrested in New York and is being transferred to Virginia on a criminal complaint alleging willful retention of national defense information in violation of the Espionage Act. Such an offense is punishable by up to 10 years' imprisonment and a fine. If other reported allegations regarding the damage to the U.S. human intelligence network can be substantiated, more charges may be possible. For example, if, as alleged, the retained information was disclosed to any person not authorized to receive it, the Espionage Act, 18 U.S.C. §793(e) could also be charged. More serious charges could potentially stem from 18 U.S.C. §794, which applies when protected national security information is given to a foreign government for its benefit or to the detriment of the United States. Punishment up to life imprisonment is available plus forfeiture of any property gained due to the violation or used for it. The death penalty is available in the event of a finding that the offense resulted in the identification by a foreign power ... of an individual acting as an agent of the United States and consequently in the death of that individual, among other things. The Intelligence Identities Protection Act (IIPA) may be another potential source for criminal charges in the case. 50 U.S.C. §3121 provides, in pertinent part: Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under Title 18 or imprisoned not more than 15 years, or both. Congressional Research Service 7-5700 www.crs.gov LSB10072 CRS Legal Sidebar Prepared for Members and Committees of Conaress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most