Assange could go to international court

[Spider Jerusalem]

31. The Congressional Research Service examined Espionage Act grounds for seeking indictment.

And found that there was no instance of the publisher of classified information being charged (as opposed to the person who obtained said information).

As a cyberwar erupts over WikiLeaks and its founder, Julian Assange, the question remains as to what the United States can actually do to prosecute the diplomatic cable leakers for endangering national security.

Unfortunately for the hawks, the 1917 Espionage Act is the most recent and most relevant law on the books applying to the WikiLeaks case, reports Steven Aftergood on his FAS Project on Government Secrecy website. The Espionage Act is not just outdated, its applicable statutes (as well as those from other similar laws) may leave the media organization in the clear, according to the latest report from the Congressional Research Service.

"There appears to be no statute that generally proscribes the acquisition or publication of diplomatic cables, although government employees who disclose such information without proper authority may be subject to prosecution," the report's author, Attorney Jennifer K. Elsea, states.

In other words, the alleged illegal downloading of the material by PFC Bradley Manning is covered under the Espionage Act, but not WikiLeaks' (or The New York Times') release of the material.

http://www.cbsnews.com/8301-503543_162-20025040-503543.html