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Comment by nradov | Hacker News Reader

In the US it is perfectly legal for journalists to distribute classified information, as long as they don't hold a security clearance themselves. I think this strikes the right balance. Note that a journalist can still be prosecuted for breaking other laws like theft, computer abuse, or conspiracy if they use illegal means to obtain the information. But that's separate from publishing the information once they have it.

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That's not quite right. Journalists can publish classified information as long as they don't encourage or help with the original leak. So distributing classified info that someone mailed you is fine, but telling someone what info to go and get for you is not fine (legally speaking).

Isn't that covered by conspiracy (mentioned in GP)?

Yes; I must have overlooked that. My mistake.

Wouldn't that mean Julian Assange is innocent?

Aren't they claiming Assange participated in some way? Either by providing help or suggesting what to get?

The government is alleging that he helped & encouraged the leakers.

For anyone passing by let me sum up the whole discussion:

I respect the process by which journalists are prosecuted in one country

I didn't even look into the laws in this other country I already didn’t respect, journalists there are prosecuted

But your caveats mean that, in practice, they can come after anyone who actually came into contact with the material unless it was dead-dropped to them without their knowledge, and even then, maybe they were 'encouraging' it.

See Julian Assange. What's his case hinge on again, "conspiracy to commit computer intrusion"? Any amount of working with a source would be such a conspiracy.

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