The law is quite specific on this matter.
In the event that any of this went down during a period of wartime the
death penalty applies, and not just the ten years in prison that is
listed.
There is a lot more at stake here than a few billion dollars.
-jma
TITLE 18 > PART I > CHAPTER 37 > § 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 government, knowing the same to have been
obtained by such processes—
Shall be fined under this title 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;
The term “foreign government” includes in its meaning any person or
persons acting or purporting to act for or on behalf of any faction,
party, department, agency, bureau, or military force of or within a
foreign country, or for or on behalf of any government or any person or
persons purporting to act as a government within a foreign country,
whether or not such government is recognized by the United States;
The term “communication intelligence” means all procedures and methods
used in the interception of communications and the obtaining of
information from such communications by other than the intended
recipients;
The term “unauthorized person” means any person who, or agency which, i=
s
not authorized to receive information of the categories set forth in
subsection (a) of this section, by the President, or by the head of a
department or agency of the United States Government which is expressly
designated by the President to engage in communication intelligence
activities for the United States.
(c) Nothing in this section shall prohibit the furnishing, upon lawful
demand, of information to any regularly constituted committee of the
Senate or House of Representatives of the United States of America, or
joint committee thereof.
(d)
(1) Any person convicted of a violation of this section shall forfeit to
the United States irrespective of any provision of State law—
(A) any property constituting, or derived from, any proceeds the person
obtained, directly or indirectly, as the result of such violation; and
(B) any of the person’s property used, or intended to be used, in any
manner or part, to commit, or to facilitate the commission of, such
violation.
(2) The court, in imposing sentence on a defendant for a conviction of a
violation of this section, shall order that the defendant forfeit to the
United States all property described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions of subsections
(b), (c), and (e) through (p) of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and
(e)–(p)), shall apply to—
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such
property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524 (c) of title 28, there shall be deposited
in the Crime Victims Fund established under section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of
property under this subsection remaining after the payment of expenses
for forfeiture and sale authorized by law.
(5) As used in this subsection, the term “State” means any State of the
United States, the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States.
TITLE 18 > PART I > CHAPTER 37 > § 793
§ 793. Gathering, transmitting or losing defense information
How Current is This? (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 proclamation in time of war or in case of national emergency
in which anything for 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,
instrument, 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, 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 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, photograph,
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 its 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 under this title or imprisoned not more than ten years, or
both.
(g) If two or more persons conspire to violate any of the foregoing
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.
(h)
(1) Any person convicted of a violation of this section shall forfeit to
the United States, irrespective of any provision of State law, any
property constituting, or derived from, any proceeds the person obtained,
directly or indirectly, from any foreign government, or any faction or
party or military or naval force within a foreign country, whether
recognized or unrecognized by the United States, as the result of such
violation. For the purposes of this subsection, the term “State” includ=
es
a State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction of a
violation of this section, shall order that the defendant forfeit to the
United States all property described in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c), and (e) through (p) of
section 413 of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853 (b), (c), and (e)–(p)) shall apply to—
(A) property subject to forfeiture under this subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in relation to such
property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524 (c) of title 28, there shall be deposited
in the Crime Victims Fund in the Treasury all amounts from the forfeiture
of property under this subsection remaining after the payment of expenses
for forfeiture and sale authorized by law.
-jma
At 11:41 AM 6/1/2009, reginal..._at_hotmail.com wrote:
It would seem that there is =
more
than fraud at issue here. The
problems with the hulls, engines and propellar shafts is simply a
question of money. However, the TEMPEST certification is another
matter. John Walker et al. sold the USSR the navy's crypto-keys for
a
number of years. The soviets were probably reading a lot of the
material in virtually 'real time.' The members of that ring are
doing
serious time in a federal establishment. What is the difference here
as to the actions of both the contractors who failed to meet
contract
standards or the Coast Guard/navy personnel who may have ignored the
problem? To the average person not using shielded cable may not seem
like a big thing. However, in reality it is almost like a bank
employee who is tasked with locking up the bank at night but fails
to
close the vault, fails to lock the front door and declines to set
the
alarm systems. IF nothing happened, it would still be grounds for
immediate dismissal. If something did happen and funds were stolen,
then he could be sued by the bank for recovery on the grounds of his
willful negligence. In the case of TEMPEST, they have left secure
communication systems open to virtually anyone with a modicum of
intelligence and technical equipment. To me, it raises concerns as
to
why there has been no action by the FBI and/or NCIS(NIS) on the
grounds of national security. Which ever way you cut it, it comes
off
as willful misconduct and perhaps criminal negligence. Whatever the
case, it just reminds me of Toshiba. Corporate types who would sell
their soul for a dollar or, as alleged, sleeper agents posing as
dishonest business types. Either way, they should have been
executed.
It is ridiculous for people like Martha Stewart and Conrad Black to
be
doing federal prison time for what was quesionable conduct at worst,
while people like those involved with TEMPEST are allowed to
walk.
Reg Curtis
.............................
On May 31, 12:18 am, "James M. Atkinson" <..._at_tscm.com>
wrote:
> Attached you will find a PDF document, of a sealed federal
complaint
> (that has just been unsealed), which has several major defense
> contractors and one military agency scrambling for damage control.
It
> seems as if David has indeed slain Goliath, and taken the head
to
> Saul on a pike.
>
> Wow, this is hugely damaging to the defense industry, and most
> damaging to Lockheed Martin who may end up having to pay the
U.S.
> Government several billions of dollars due to their fraud, and
> executives within the defense industry could go to prison for
the
> rest of their lives over this.
>
> I understand that the case was filed quite some time ago, but that
it
> was just unsealed last week, and that most of the case has
already
> been proven in other venues.
>
> Procurement fraud and government abuse at it's finest.
>
> -jma
---------------------------------------------------------------------------=
-------------------------
James M.
Atkinson &=
nbsp; &nbs=
p;
Phone: (978) 546-3803
Granite Island
Group &nbs=
p;
Fax: (978) 546-9467
127 Eastern Avenue
#291 =
;
Web:
http://www.tscm.com/
Gloucester, MA
01931-8008 =
;
E-mail:
mailto:jm..._at_tscm.com<=
br>
http://www.linkedin.com/in/jamesmatkinson
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-------------------------
No enterprise is more likely to succeed than one concealed from the
enemy until it is ripe for execution. - Machiavelli, The Prince,
1521
Received on Sat Mar 02 2024 - 00:57:28 CST