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2011-02-16 Update: US lawmakers to consider criminalizing publishing

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Peter King (R-NY), chair of the US House Committee on Homeland Security, yesterday reintroduced legislation that would extend the definition of espionage to include publishing the names of sources who collaborate with the US military or intelligence services.

King had proposed similar legislation in 2010. Last week three members of the Senate Committee on Homeland Security, led by chairman Joe Lieberman (I-CT), reintroduced a similar bill, known as the SHIELD Act. In US congressional parlance, SHIELD appears to mean "Securing human intelligence and enforcing lawful dissemination."

Many students of the First Amendment have pointed out the dangers to journalism and publishing in the US if the definition of espionage (traditionally understood to involve intentional and interested transmission of information to a foreign power) were to be so broadened. The ACLU argues:

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