TITLE 18 UNITED STATES CODE CHAPTER 37. - ESPIONAGE CENSORSHIP

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-01022R000100020044-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: November 17, 2016
• Document Release Date: April 17, 2000
• Sequence Number: 44
• Publication Date: June 25, 1948
• Content Type: REGULATION

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The following sections of Title 18, U. S. Code, and Sec. 19 of the
Internal Security Act of 1950 (Public Law 831, 81st Congress) reflect the
pertinent provisions of the Espionage Act of 1917, as amended to date.
The Act of June 25, 1948 codified the provisions of the Espionage Act of
1917 with amendments thereto and placed all of the provisions of the
foregoing Acts into a single format.
TITLE 18
UNITED STATES CODE
CHAPTER 37. - ESPIONAGE AND CENSORSHIP
Section 792. Harboring or concealing persons
Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe or suspect, has committed, or is about to
commit, an offense under sections 793 or 794 of this title, shall be fined
not more than $10, 000 or imprisoned not more than ten years, or both.
Section 793. Gathering, transmitting, or losing defense information
(a) Whoever, for the purpose of obtaining information respecting
the national defense with intent or reason to believe that the information is
to be used to the injury of the United States, or to the advantage of any foreign
nation, goes upon, enters, flies over, or otherwise obtains information
concerning any vessel, aircraft, work of defense, navy yard, naval station,
submarine base, fueling station, fort, battery, torpedo station, dockyard,
canal, railroad, arsenal, camp, factory, mine, telegraph, telephone,
wireless, or signal station, building, office, research laboratory or station
or other place connected with the national defense owned or constructed,
or in progress of construction by the United States or under the control of
the United States, or of any of its officers, departments, or agencies, or
within the exclusive jurisdiction of the United States, or any place in which
any vessel, aircraft, arms, munitions, or other materials or instruments
for use in time of war are being made, prepared, repaired, stored, or are
the subject of research or development, under any contract or agreement
with the United States, or any department or agency thereof, or with any
person on behalf of the United States, or otherwise on behalf of the United
States, or any prohibited place so designated by the President by proclam-
ation in time of war or in case of national emergency in which anything for
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the use of the Army, Navy, or Air Force is being prepared or constructed
or stored, information as to which prohibited place the President has
determined would be prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts to copy,
take, make, or obtain, any sketch, photograph, photographic negative,
blueprint, plan, map, model, instrument, appliance, document, writing,
or note of anything connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts to receive or obtain from any person, or from any
source whatever, any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, instru-
ment, appliance, or note, of anything connected with the national defense,
knowing or having reason to believe, at the time he receives or obtains,
or agrees or attempts to receive or obtain it, that it has been or will be
obtained, taken, made, or disposed of by any person contrary to the
provisions of this chapter; or
(d) Whoever, lawfully having possession of, access to, control
over, or being entrusted with any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model, instrument, appliance, or note relating to the national defense, or
information relating to the national defense which information the possessor
has reason to believe could be used to the injury of the United States or to
the advantage of any foreign nation, willfully communicates, delivers,
transmits or causes to be communicated, delivered, or transmitted or
attempts to communicate, deliver, transmit or cause to be communicated,
delivered or transmitted the same to any person not entitled to receive it,
or willfully retains the same and fails to deliver it on demand to the officer
or employee of the United States entitled to receive it; or
(e) Whoever having unauthorized possession of, access to, or
control over any document, writing, code book, signal book, sketch,
photograph, photographic negative, blueprint, plan, map, model, instru-
ment, appliance, or note relating to the national defense, or information
relating to the national defense which information the possessor has
reason to believe could be used to the injury of the United States or to the
advantage of any foreign nation, willfully communicates, delivers, transmits
or causes to be communicated, delivered, or transmitted, or attempts to
communicate, deliver, transmit-or cause to be communicated, delivered,
or transmitted the same to any person not entitled to receive it, or willfully
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US CODE TITLE 18, SECTION 798
798. Disclosure of Classified Information
(a) Whoever knowingly and willfully communicates, furnishes,
transmits, or otherwise makes available to an unauthorized person, or
publishes, or uses in any manner prejudicial to the safety or interest
of the United States or for the benefit of any foreign government to the
detriment of the United States any classified information .
(1) concerning the nature, preparation, or use of
any code, cipher, or cryptographic system of the United
States or any foreign government; or
(2) concerning the design, construction, use,
maintenance, or repair of any device, apparatus, or
appliance used or prepared or planned for use by the
United States or any foreign government for cryptographic
or communication intelligence purposes; or
(3) concerning the communication intelligence
activities of the United States or any foreign government; or
(4) obtained by the processes of communication
intelligence from the communications of any foreign govern-
ment, knowing the same to have been obtained by such
processes-
Shall be fined not more than $10, 000 or imprisoned not more than
ten years, or both.
(b) As used in subsection (a) of this section-
The term "classified information" means information which, at
the time of a violation of this section, is, for reasons of national security,
specifically designated by a United States Government Agency for limited
or restricted dissemination or distribution;
The terms "code, " "cipher, " and "cryptographic system" include
in their meanings, in addition to their usual meanings, any method of
secret writing and any mechanical or electrical device or method used
for the purpose of disguising or concealing the contents, significance, or
meanings of communications;
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retains the same and fails to deliver it to the officer or employee of the
United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch, photo-
graph, photographic negative, blueprint, plan, map, model, instrument,
appliance, note, or information, relating to the national defense, (1)
through gross negligence permits the same to be removed from its proper
place of custody or delivered to anyone in violation of his trust, or to be
lost, stolen, abstracted, or destroyed, or (2) having knowledge that the
same has been illegally removed from its proper place of custody or
delivered to anyone in violation of his trust, or lost, or stolen, abstracted,
or destroyed, and fails to make prompt report of such loss, theft,
abstraction, or destruction to his superior officer-
Shall be fined not more than $10, 000 or imprisoned not more than
ten years, or both.
(g) If two or more persons conspire to violate any of the fore-
going provisions of this section, and one or more of such persons do any
act to effect the object of the conspiracy, each of the parties to such
conspiracy shall be subject to the punishment provided for the offense
which is the object of such conspiracy. June 25, 1948, c. 645, 62
Stat. 736; Sept. 23, 1950, c. 1024, Title I, Sec. 18, 64 Stat. 1003.
794. Gathering or delivering defense information to aid foreign
governments
(a) Whoever, with intent or reason to believe that it is to be
used to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to com-
municate, deliver, or transmit, to any.foreign government, or to any
faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States, or to any re-
presentative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model, note, instrument, appliance, or information relating to the
national defense, shall be punished by death or by imprisonment for any
term of years or for life.
(b) Whoever, in time of war, with intent that the same shall be
communicated to the enemy, collects, records, publishes, or communi-
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cates, or attempts to elicit any information with respect to the movement,
numbers, description, condition, or disposition of any of the Armed
Forces, ships, aircraft, or war materials of the United States, or with
respect to the plans or conduct, or supposed plans or conduct of any
naval or military operations, or with respect to any works or measures
undertaken for or connected with, or intended for the fortification or
defense of any place, or any other information relating to the public
defense, which might be useful to the enemy, shall be punished by death
or by imprisonment for any term of years or for life.
(c) If two or more persons conspire to violate this section, and
one or more of such persons do any act to effect the object of the con-
spiracy, each of the parties to such conspiracy shall be subject to the
punishment provided for the offense which is the object of such con-
spiracy. June 25, 1948, c. 645, 62 Stat. 737; Sept. 3, 1954, c. 1261,
Title II, Section 201, 68 Stat. 1219.
Section 795. Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President
defines certain vital military and naval installations or equipment as
requiring protection against the general dissemination of information
relative thereto, it shall be unlawful to make any photograph, sketch,
picture, drawing, map, or graphical representation of such vital military
and naval installations or equipment without first obtaining permission
of the commanding officer of the military or naval post, camp, or station,
or naval vessels, military and naval aircraft, and any separate military
or naval aircraft, and any separate military or naval command concerned,
or higher authority, and promptly submitting the product obtained to such
commanding officer or higher authority for censorship or such other
action as he may deem necessary.
(b) Whoever violates this section shall be fined not-more than
$1, 000 or imprisoned not more than one year, or both.
Section 796. Use of aircraft for photographing defense installations
Whoever uses or permits the use of an aircraft or any contrivance
used, or designed for navigation or flight in the air, for the purpose of
making a photograph, sketch, picture, drawing, map, or graphical
representation of vital military or naval installations or equipment, in
violation of section 795 of this title, shall be fined not more than
$1, 000 or imprisoned not more than one year, or both.
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Section 797. Publication and sale of photographs of defense installations
On and after thirty days from the date upon which the President
defines any vital military or naval installation or equipment as being
within the category contemplated under section 795 of this title, whoever
reproduces, publishes, sells, or gives away any photograph, sketch,
picture, drawing, map or graphical representation of the vital military
or naval installations or equipment so defined, without first obtaining
permission of the commanding officer of the military or naval post,
camp, or station concerned, or higher authority, unless such photo-
graph; sketch, picture, drawing, map, or graphical representation
has clearly indicated thereon that it has been censored by the proper
military or naval authority, shall be fined not more than $1, 000 or
imprisoned not more than one year, or both.
INTERNAL SECURITY ACT OF 1950
(Public Law 831, 81st Congress)
PERIOD OF LIMITATION
Sec. 19. An indictment for any violation of title 18, United States
Code, section 792, 793, or 794, other than a violation constituting a
capital offense, may be found at any time within ten years next after such
violation shall have been committed. This section shall not authorize
prosecution, trial, or punishment for any offense now barred by the
provisions of existing law.
Interpretation of Espionage Act (Title 50 USC)
As cited in the case of Gorin vs. United States which was combined
with Salich vs. United States, 312 United States 713 decided 13 January
1941, prosecution can be had under the above titled statute. Defendants
were convicted under the Espionage Act in these cases.
The defendants contended that an interpretation of the Statute that
the furnishing of any information connected with or related to the National
Defense other than concerning those specifically mentioned in the Act
would render the Act unconstitutional as violative of the due process
clauses. However the Supreme Court held that the words of the statute
satisfied it that the meaning of national defense in Sections 1(b) and 2(a)
cannot be limited to places and things specifically mentioned in Section 1(a).
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The Court could find no uncertainty in the Statute which would deprive a
person of the ability to pre-determine whether a contemplated action is
criminal under the provisions of the law. The delimiting words in the
statute are those requiring "intent or reason to believe that the information
to be obtained is to be used to the injury of the United States or to the
advantage of any foreign nation. "
The defendants contended that the evidence failed to support a
conclusion that the defendants knew or had reason to believe that the
information was to be used to the injury of the United States or to the
advantage of a foreign nation, and further contended that the evidence
did not establish that any of the reports related to or were connected
with the national defense. The court held that reports of this nature
are a part of this nation's plans for armed defense and it was not
necessary to prove that the information obtained was to be used for
the injury of the United States. The court held that the question
whether the information obtained by the defendants related to or was
concerned with the national defense was a question of fact solely for the
determination of the jury.
The court went on to state "In short, the phrase 'information
connected with National Defense' as used in the context of the Espionage
Act, means, broadly, secret or confidential information which has its
primary significance in relation to the possible armed conflicts in which
the nation might be engaged. The protected information is readily re-
cognizable from the common experience and knowledge of the average
man. " The instructions to the jury also stated "From the standpoint of
military or naval strategy it might not only be dangerous to us for a
foreign power to know our weaknesses and our limitations, but it might
also be dangerous to us when such a foreign power knows that we know
they know of our limitations, "
The Supreme Court in considering the use of the words in the
statute of "national defense" stated that national defense as used in the
Espionage Act "is a generic concept of broad connotations referring to
the military and naval establishments and the related activities of
national preparedness. "
As will be seen from the above, motive must be distinguished
from intent. The motive in furnishing classified information may be
above reproach but regardless of motive, intent or reason to believe is
determination of guilt and, in law, a person is held to intend the natural
and probable consequences of his act.
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From a digest of the above information it would appear that the
Espionage Act might be used as a basis for prosecution in the cases of
individuals released from this organization who disclose information
obtained as a consequence of their work to unauthorized sources.
It is suggested that in debriefing individuals that the
consequences of unlawful release of information be brought to their
attention.
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