Criminal Wisdom

“If the Pentagon is to have its way, it will be the end of national-security journalism in the United States.

How so?

They’re trying to interpret the Espionage Act to say that any two-way communication with a source is a collaboration with a source, and is therefore a conspiracy to commit espionage where classified information is involved. The Pentagon, in fact, issued a public demand to us that we not only destroy everything we had ever published or were ever going to publish in relation to the U.S. government, but that we also stop “soliciting” information from U.S. government employees. The Espionage Act itself does not mention solicitation, but they’re trying to create a new legal precedent that includes a journalist simply asking a source to communicate information.

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What advice do you have for journalists, based on your experience?

I have a lot of sympathy for journalists who are trying to protect their sources. It’s very hard now. Unless you’re an electronic-surveillance expert or you have frequent contact with one, you must stay off the Net and mobile phones. You really have to just use the old techniques, paper and whispering in people’s ears. Leave your mobile phones behind. Don’t turn them off, but tell your source to leave electronic devices in their offices. We are now in a situation where countries are recording billions of hours of conversations, and proudly proclaiming that you don’t have to select which telephone call you’re intercepting, because you intercept every telephone call.”