Six Years Later & Worse Than Ever - The Espionage Act, Computer Fraud & Abuse Act

This panel looks at the Espionage Act of 1917, a wartime law originally aimed at interference with foreign relations and neutrality, and at how it is now the main tool for prosecuting government whistleblowers. The speakers explain that its central provision can reach employees, members of the public, journalists and non-citizens alike, and that it is strict liability, so a person's motive offers no defense.

The discussion traces how prosecutions grew from the cases opened in 2010 under the Obama administration to a sharper escalation under the Trump Justice Department, including the indictment of Julian Assange and longer sentences for defendants such as Daniel Hale. Pretrial secrecy, limits on what defendants can say about their motives, and reported mistreatment of detainees are presented as serious concerns. The panel argues that these cases threaten national security journalism and anyone who publishes information in the public interest.

The second half covers legislative efforts that started after the Assange indictment, including a bill introduced in 2020 that would require proof of specific intent, allow a public interest defense, test whether information was properly classified, let defendants explain their purpose, and narrow who can be charged. The speakers describe slow progress, coalition building with newer lawmakers, and the difficulty of winning support. The takeaway is that reform will likely take years, and that engaging lawmakers and protecting sources matters now.