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Skunk Works Mailing List

Re: Skunk-Works Charter

Date: Sat, 19 Jun 1999 07:22:21 -0400
Subject: Re: Skunk-Works Charter
From: "James P. Stevenson" 

The disclosure of classified material is a crime.

In order to be guilty of a crime you have to have committed the act
(actus reas) and have the necessary mental intent (mens rea). In most
cases, a lack of knowledge that something was classified would be enough
to not be found guilty of passing classified material.

Now, Art brings up the point of knew or should have known, which is the
same standard that is used for receiving stolen property.

Jim Stevenson


> On 6/18/99 5:32AM, in message <376A3C44.AB4CEC0@ix.netcom.com>, Dave Bethke
> <bethland@ix.netcom.com> wrote:
> ?
>>
>>   Sure does.  Being a lay person, I figure if _I_ know about it, it
>> can't be classified.  :-)
>>
>>
>
>      Not necessarily.  It may have been disclosed to you innocently or
> otherwise
> without your knowing that it was classified.  The key concept is whether
> you knew,
> or should have known, the information was classified.  An example of the
> latter is
> if somehow you miraculously came across (I'm being far out here, I know) the
> launch codes for our nuclear retaliatory forces.  Even if they didn't have a
> gazillion markings on them, it should be pretty obvious that these things were
> classified.  By not disclosing them, you would be doing the right thing (and
> showing more concern than the Administration, but I digress).
>
>
>                                                   Art
>
>

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Created: Sat Jun 19 07:30:01 EDT 1999