Plenary Session
Unauthorized Disclosures

Recommended Changes in Federal Law

Christopher E. Bailey

The unauthorized disclosure of classified information, or leaks, has been a continuing problem for the Intelligence Community. While there have been some notable case examples, some classified and some not, which show the damage done to U.S. national security, there have been few federal criminal prosecutions of those leaking (or receiving leaked) classified information. Indeed, the government has struggled to apply the existing set of laws and regulations, many designed for other purposes, to the problem. In fact there are several noteworthy problems in existing law with regard to leaks. The Shelby Amendment to the Fiscal Year 2001 Intelligence Authorization Act and the British Official Secrets Act of 1989 offer two good approaches. The U.S. should enact a new law to better close the gaps in existing law. I argue that the unauthorized disclosure of classified information, as well as the facilitation of such disclosure, is unethical.

Christopher E. Bailey is a lawyer and a Lieutenant Colonel in the Army Reserve. After eight years of active duty as an Armor officer, he attended the McGeorge School of Law in Sacramento and spent ten years in private practice as a trial lawyer. He has worked in numerous military intelligence assignments and is currently on active duty. LTC Bailey is also a student in the Master's Degree programs at the Joint Military Intelligence College and the U.S. Army War College. His thesis for the Master's Degree in Strategic Intelligence is: "CLASSIFIED INFORMATION LEAKS: THE NEED FOR NEW TOOLS IN THE PLUMBER'S TOOL BOX." He has previously authored a legal research study for the McGeorge School of Law and multiple book reviews.