Posted on: Tuesday, August 28, 2001

Editorial
New secrecy law is unneeded, unwise

Right on the dividing line between our government and the news media that reports on it are what is known in the business as "leaks." This is the disclosure of information that the government would rather keep secret but others — including but not limited to the news media — want out.

Last year President Clinton correctly vetoed a bill that would have criminalized virtually all leaks of classified information. That idea has resurfaced in Congress this year and may be considered by the Senate Intelligence committee within the next several weeks.

It is a bad idea that the committee should be swift to reject.

A sweeping law that would make criminals out of any current or former official who speaks out on public policy issues contained in classified documents goes too far. It also would act as an incentive for those within government who want to withhold, rather than disclose information.

While the release of confidential or classified information can be harmful (at least from the agency's point-of-view) it can also be useful in exposing wrongdoing or in forcing public debate over critical public issues.

The fact that we have "whistle-blower" laws to protect people who reveal government misdeeds illustrates our desire to balance confidentiality against disclosure.

The idea of criminalizing each and any release of public information that some official has decided to classify tips that balance in the wrong direction.