Prosecute WikiLeaks

„First, we should seek to prosecute Assange and WikiLeaks. There can be little doubt that his actions violate 18 USC 793 (e), which prohibits anyone with unauthorized possession of information relating to the national defense that could harm the United States or help an enemy from willfully communicating that information to someone not authorized to receive it or from willfully retaining the information after the U.S. government has demanded that it be returned. For years, lawyers have debated whether that language could be used to prosecute a newspaper that prints classified information. No legitimate journalist or newspaper has ever been prosecuted under this statute. But it is hard to argue, based on the available facts, that Assange deserves the same treatment as a responsible news organization that carefully considers the views of the government before deciding what, if any, classified information to publish. The Constitution protects the media, but it surely does not protect those who wantonly do great harm.

Second, we should figure out how someone was able to provide the documents to WikiLeaks in the first place and make sure it doesn't happen again. An Army private is reportedly being held on accusations of leaking the documents. On Sunday, the Pentagon announced sensible steps to close the barn door - albeit it too late. After Sept. 11, 2001, there was a great push to share information more widely so government agents could connect the dots. When tightening up the system to prevent more leaks, great care must be taken not to reconstruct stovepipes of information that are inaccessible to those who need it. Technology is available that can enable a distributed system that promotes sharing but also has controls, such as permissioning and auditing functions, that provide accountability and security. The administration and Congress must make this a higher priority.”