Defense Secrets Act of 1911
Encyclopedia
The Defense Secrets Act of 1911 was one of the first laws in the United States specifically criminializing the disclosure of government secrets. It was based in part on the British Official Secrets Act
and criminalized obtaining or delivering "information respecting the national defense, to which he is not lawfully entitled". Much of the language of the 1911 law was repeated in the Espionage Act of 1917
, still in force..
and the McCarran Internal Security Act
of 1950. Many later Espionage Act cases, for example Gorin v. United States
, involved arguments about the exact meaning of terms like 'national defense'.
The 1911 act differed from the later acts in certain aspects. First, it's penalties were more lenient, being only a year in prison, and having no death penalty provision at all. Second, the 1917 act included the requirement that the information was intended to "injure the US" or "aid a foreign country" Third, the 1917 act criminalized 'retention' of documents, something the 1911 did not do.
in 1777 published information from the Committee of Secret Correspondence about France's aid to the American revolutionary war effort; he was simply fired. Alexis de Tocqueville also commented on the casual nature in which he was given original documents into his permanent possession just by asking for them. The storage of documents was haphazard as well. President Jackson even proclaimed he did not care if his political enemies obtained his documents.
However there was a death penalty implemented for certain forms of spying during the Revolutionary War; for more information please see: Intelligence in the American Revolutionary War
.
The 1869 "General Orders no. 35" limited collection of information about fortifications, and this was expanded at the time of the Spanish American War in the late 1890s. Edgar and Schmidt write that when the DSA was passed, the few state secrets laws that existed (35 Stat 1038 and 35 Stat 1097 (1909)) related to "treason, unlawful entry into military bases, and theft of government property".
Official Secrets Act
The Official Secrets Act is a stock short title used in the United Kingdom, Ireland, India and Malaysia and formerly in New Zealand for legislation that provides for the protection of state secrets and official information, mainly related to national security.-United Kingdom:*The Official Secrets...
and criminalized obtaining or delivering "information respecting the national defense, to which he is not lawfully entitled". Much of the language of the 1911 law was repeated in the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, still in force..
Particulars
The language of the 1911 act, especially the notion of information 'relating' to the 'national defense' being obtained or delivered to 'those not entitled to receive it', was retained through subsequent American secrecy laws, including the Espionage Act of 1917Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
and the McCarran Internal Security Act
McCarran Internal Security Act
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
of 1950. Many later Espionage Act cases, for example Gorin v. United States
Gorin v. United States
Gorin v. United States and Salich v. United States was a supreme court case decided in 1941 in the United States. It involved the Espionage Act and it's use against Mihail Gorin, an intelligence agent from the Soviet Union, and Hafis Salich, a Navy employee who sold to Gorin information on Japanese...
, involved arguments about the exact meaning of terms like 'national defense'.
The 1911 act differed from the later acts in certain aspects. First, it's penalties were more lenient, being only a year in prison, and having no death penalty provision at all. Second, the 1917 act included the requirement that the information was intended to "injure the US" or "aid a foreign country" Third, the 1917 act criminalized 'retention' of documents, something the 1911 did not do.
Brief history of US government secrecy
Ericson argues that historically the US government had been somewhat lax regarding secrecy. For example, Thomas PaineThomas Paine
Thomas "Tom" Paine was an English author, pamphleteer, radical, inventor, intellectual, revolutionary, and one of the Founding Fathers of the United States...
in 1777 published information from the Committee of Secret Correspondence about France's aid to the American revolutionary war effort; he was simply fired. Alexis de Tocqueville also commented on the casual nature in which he was given original documents into his permanent possession just by asking for them. The storage of documents was haphazard as well. President Jackson even proclaimed he did not care if his political enemies obtained his documents.
However there was a death penalty implemented for certain forms of spying during the Revolutionary War; for more information please see: Intelligence in the American Revolutionary War
Intelligence in the American Revolutionary War
Intelligence in the American Revolutionary War was essentially monitored and sanctioned by the Continental Congress to provide military intelligence to the Continental Army to aid them in fighting the British during the American Revolutionary War...
.
The 1869 "General Orders no. 35" limited collection of information about fortifications, and this was expanded at the time of the Spanish American War in the late 1890s. Edgar and Schmidt write that when the DSA was passed, the few state secrets laws that existed (35 Stat 1038 and 35 Stat 1097 (1909)) related to "treason, unlawful entry into military bases, and theft of government property".
Text of the law
As the laws have been revised, the original act has disappeared or been modified. Thus, the actual text of the act can only be obtained by looking at previous versions of the law. The text of the original Section 1 can be found reproduced in the US v Rosen opinion of 2006, linked in the 'External Links' section below.See Also
- Intelligence in the American Revolutionary WarIntelligence in the American Revolutionary WarIntelligence in the American Revolutionary War was essentially monitored and sanctioned by the Continental Congress to provide military intelligence to the Continental Army to aid them in fighting the British during the American Revolutionary War...
- Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
- McCarran Internal Security ActMcCarran Internal Security ActThe Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
of 1950 - Computer Fraud and Abuse ActComputer Fraud and Abuse ActThe Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986, intended to reduce cracking of computer systems and to address federal computer-related offenses...
1980s (inherited some language from DSA)
External Links
- 2006 US v Rosen @ fas.org (includes text of Section 1 of the original 1911 act)