"Only dull people are brilliant at breakfast" -Oscar Wilde |
"The liberal soul shall be made fat, and he that watereth, shall be watered also himself." -- Proverbs 11:25 |
Reporters who write about government surveillance could be prosecuted under proposed legislation that would solidify the administration's eavesdropping authority, according to some legal analysts who are concerned about dramatic changes in U.S. law.
But an aide to the bill's chief author, Sen. Mike DeWine, R-Ohio, said that is not the intention of the legislation.
"It in no way applies to reporters — in any way, shape or form," said Mike Dawson, a senior policy adviser to DeWine, responding to an inquiry Friday afternoon. "If a technical fix is necessary, it will be made."
The Associated Press obtained a copy of the draft of the legislation, which could be introduced as soon as next week.
The draft would add to the criminal penalties for anyone who "intentionally discloses information identifying or describing" the Bush administration's terrorist surveillance program or any other eavesdropping program conducted under a 1978 surveillance law.
Kate Martin, director of the Center for National Security Studies, said the measure is broader than any existing laws. She said, for example, the language does not specify that the information has to be harmful to national security or classified.
"The bill would make it a crime to tell the American people that the president is breaking the law, and the bill could make it a crime for the newspapers to publish that fact," said Martin, a civil liberties advocate.
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Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, said the language would allow anyone — "if you read a story in the paper and pass it along to your brother-in-law" — to be prosecuted.
"As a practical matter, would they use this to try to punish any newspaper or any broadcast? It essentially makes coverage of any of these surveillance programs illegal," she said. "I'm sorry, that's just not constitutional."