18 U.S.C. § 798

Disclosure of classified information

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(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, is 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) 11 See References in Text note below. 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.(Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(a), Oct. 14, 1994, 108 Stat. 3439; Pub. L. 104–294, title VI, § 602(c), Oct. 11, 1996, 110 Stat. 3503.)Editorial NotesReferences in Text

Section 1402 of the Victims of Crime Act of 1984, referred to in subsec. (d)(4), is section 1402 of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20101 of Title 34, Crime Control and Law Enforcement.

Codification

Another section 798 was renumbered section 798A of this title.

Amendments

1996—Subsec. (d)(5). Pub. L. 104–294 struck out “the Trust Territory of the Pacific Islands,” after “Puerto Rico,”.

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions.

Subsec. (d). Pub. L. 103–359 added subsec. (d).

Notes of Decisions

Cited in 81 cases (12 in the last 5 years), 1954–2026 · leading case: Larson v. Dep't of State, 565 F.3d 857 (D.C. Cir. 2009).

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Larson v. Dep't of State, 565 F.3d 857 (D.C. Cir. 2009). · cites it 3× “” 18 U.S.C. § 798 (a)(3)-(4). The plaintiffs do not dispute that section 798 qualifies as an Exemption 3 statute.”

New York Times Co. v. United States, 403 U.S. 713 (1971). · cites it 6× “, 18 U. S. C. § 798 ; 50 U. S. C. § 783 . [1] Nor is there any issue here regarding the President's power as Chief Executive and Commander in Chief to protect national security by disciplining employees who disclose information and by taking precautions to prevent leaks.”

Elec. Privacy Info. Ctr. v. Dep't of Just., 296 F. Supp. 3d 109 (D.C. Cir. 2017). · cites it 5× “§ 3605 (authorizing the withholding of information that relates to "the organization or any function of the [NSA], or any information with respect to the activities thereof"), or 18 U.S.C. § 798 (a)(3) (prohibiting disclosure of "classified information.”

New York Times Co. v. United States Dep't of Def., 499 F. Supp. 2d 501 (S.D.N.Y. 2007). · cites it 4× “§ 403-1 (0(1), which requires the Director of National Intelligence to “protect intelligence sources and methods from unauthorized disclosure”; 18 U.S.C. § 798 , which prohibits disclosure of, among other things, information “concerning the intelligence activities of the United…”

Agility Pub. Warehousing Co. K.S.C. v. Nat'l Sec. Agency, 113 F. Supp. 3d 313 (D.D.C. 2015). · cites it 3× “"; and (2) a criminal statute, 18 U.S.C. § 798 , which prohibits a person from knowingly and willfully disclosing "any classified information .”

Snepp v. United States, 444 U.S. 507 (1980). · cites it 2× “, 18 U. S. C. § 798 , which imposes a prison term of 10 years and a $10,000 fine for knowingly and willfully publishing certain types of classified information; 18 U.”

Greene v. McElroy, 360 U.S. 474 (1959). · cites it 2× “" *504 Respondents argue that these statutes, together with 18 U. S. C. § 798 , which makes it a crime willfully and knowingly to communicate to unauthorized persons information concerning cryptographic or intelligence activities, and 50 U.”

People for the Am. Way Found. v. Nat'l Sec. Agency/Cent. Sec. Serv., 462 F. Supp. 2d 21 (D.D.C. 2006). · cites it 3× “§ 403 — l(i)(l); and (3) 18 U.S.C. § 798 . (Def. Mot. at 11-13.) Courts have held, and plaintiff does not dispute, that each of these three statutes qualify under FOIA Exemption 3.”

Am. Civil Liberties Union v. Nat'l Sec. Agency, 925 F.3d 576 (2d Cir. 2019). “§ 3507 (CIA) ; 18 U.S.C. § 798 (setting forth criminal penalties for disclosure of classified information).”

Moore v. Bush, 601 F. Supp. 2d 6 (D.D.C. 2009). “” See also 18 U.S.C. § 798 (prohibits the unauthorized disclosure of classified information concerning communications intelligence activities of the United States or obtained by the process of communication intelligence derived from the communications of any foreign government);…”

Iglesias v. Cent. Intelligence Agency, 525 F. Supp. 547 (D.D.C. 1981). · cites it 3× “18 U.S.C. § 798 , 50 U.S.C. § 403 (d)(3) and the National Security Act of 1959 (Section 6, Public Law 86-36 ).”

Hayden v. Nat'l Sec. Agency/Cent. Sec. Serv., 608 F.2d 1381 (D.C. Cir. 1979). “§ 403 (d)(3) and 18 U.S.C. § 798 . The district court rested only on Pub.”

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