Tag: Intelligence Authorization Act

Plugging Intelligence Leaks or How to Cover Up War Crimes

Cross posted from The Stars Hollow Gazette

The Senate Intelligence Committee passed an intelligence authorization bill, Intelligence Authorization Act for Fiscal Year 2013. The bill, co-sponsored by the chair of the committee, Sen. Dianne Feinstein (D-CA) and Sen Saxby Chambliss (R-GA), passed the committee by a vote of 14 – 1 would:

[..] authorize intelligence funding to counter terrorist threats, prevent proliferation of weapons of mass destruction, enhance counterintelligence, conduct covert actions and collect and analyze intelligence around the globe. [..]

The legislation includes a title on preventing unauthorized disclosures of classified information to improve the government’s ability to prevent and detect unauthorized disclosures that harm national security and investigate and punish those responsible. [..]

The approved bill includes a series of provisions to prevent leaks, including:

   

  • A requirement the executive branch notifies Congress when making certain authorized disclosures of intelligence information to the public;
  • A requirement for the Director of National Intelligence to improve the process for conducting administrative leaks investigations, including a requirement to proactively identify leaks and take administrative action when necessary;
  • A restriction on the number of intelligence community employees authorized to communicate with the media;
  • A provision to improve non-disclosure agreements and the penalties for non-compliance;
  • A prohibition on current and former intelligence officials entering into certain contracts with media organizations;
  • A report from the attorney general on possible improvements to the criminal process for investigating and prosecuting leaks; and
  • A provision to improve the intelligence community’s ability to detect insider threats.

The bill was a response to the recent high level leaks about cyber warfare against Iran, Obama’s “kill list” and a CIA underwear bomb plot sting operation in Yemen that Sen. Feinstein said came from the White House. A good portion of the bill is directed at curbing “leaks” that come from intelligence employees who talk to the media either with or without the permission of the White House. The details of these restrictions are vague and ill defined, as Kevin Gosztola at FDL points out: