To: Hawkmoon who wrote (132061 ) 5/7/2004 6:51:55 PM From: jttmab Respond to of 281500 1. I don't believe a journalist can be tried or convicted for disclosing classified information because the constitutional "freedom of the press" overrides the US statute related to unauthorized disclosure of classified material. I've certainly never see a journalist tried as such, except when it's uncovered they are a foreign spy. True, and a private citizen has as much free speech rights as a journalist. When people get clearances, they waive their free speech rights [context classified information].2. Should the source of his information be discovered through legal means, that source CAN be charged, tried, and convicted for the unauthorized disclosure of classified information. It depends on who does what and when. At the moment the photos were taken, they were unclassified. They can be distributed without compromising any "classified" information. And one point.. If all of those photos were actually printed out and put in a folder, ALL that would have been required was to place a Classification Cover Sheet on that folder in order to classify the entire contents of the folder. The reason that is an unapproved procedure is because the items can be removed from the folder and there would be know way of knowing whether they are classified. [separate post discusses working papers].Personally, I rely upon the NISPOM with regard to such matters.. It's the security bible... I'm familiar with it and it's a guidance document. A fine document, but by no means the end. A classification authority has to develop specific guidance for classification indicating very specifically what is classified at various levels. It's even possible to have two sets of photos, exactly the same, that are classified and unclassified. The US government has in the past, used journalists and US tourists as a means of collection intelligence. They are asked to take pictures of certain facilities and on their return the film is developed and two sets of photos are created. One set is classified and the other is unclassified and returned to the journalist/tourist. jttmab