[20180206]LSB10072_禁止披露秘密情报资产身份的刑事禁令.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets February 6, 2018 The recent arrest of a former Central Intelligence Agency (CIA) officer with knowledge of human intelligence operations targeting China that reportedly have been compromised raises questions regarding possible legal recourse the United States may take. The alleged perpetrator, Jerry Chun Shing Lee, was arrested in New York and is being transferred to Virginia on a criminal complaint alleging willful retention of national defense information in violation of the Espionage Act. Such an offense is punishable by up to 10 years imprisonment and a fine. If other reported allegations regarding the damage to the U.S. human intelligence network can be substantiated, more charges may be possible. For example, if, as alleged, the retained information was disclosed to any person not authorized to receive it, the Espionage Act, 18 U.S.C. 793(e) could also be charged. More serious charges could potentially stem from 18 U.S.C. 794, which applies when protected national security information is given to a fo