Intelligence Identities Protection Act

{{Short description|United States federal law}} {{Use American English|date=June 2025}} {{Use mdy dates|date=January 2026}} {{Infobox U.S. legislation |shorttitle = Intelligence Identities Protection Act |othershorttitles = Intelligence Identities Protection Act of 1981 |longtitle = An Act to amend the National Security Act of 1947 to prohibit the unauthorized disclosure of information identifying certain United States intelligence officers, agents, informants, and sources. |colloquialacronym = IIPA |nickname = Intelligence Identities Protection Act of 1982 |enacted by = 97th |effective date = June 23, 1982 |public law url = http://www.gpo.gov/fdsys/pkg/STATUTE-96/pdf/STATUTE-96-Pg122.pdf |cite public law = 97-200 |cite statutes at large = {{usstat|96|122}} |acts amended = |acts repealed = |title amended = [[Title 50 of the United States Code|50 U.S.C.: War and National Defense]] |sections created =  |sections amended = {{unbulleted list|{{Usc-title-chap|50|15}} § 401 et seq.|{{Usc-title-chap|50|15|IV}} §§ 421-426}} |leghisturl = http://thomas.loc.gov/cgi-bin/bdquery/z?d097:HR00004:@@@R |introducedin = House |introducedbill = {{USBill|97|H.R.|4}} |introducedby = [[Edward Boland]] ([[Democratic Party (United States)|D]]–[[Massachusetts|MA]]) |introduceddate = January 5, 1981 |committees = [[United States House Permanent Select Committee on Intelligence|House Intelligence (Permanent)]] |passedbody1 = House |passeddate1 = September 23, 1981 |passedvote1 = [http://www.govtrack.us/congress/votes/97-1981/h207 355-57] |passedbody2 = Senate |passedas2 =  |passeddate2 = March 18, 1982 |passedvote2 = [http://www.govtrack.us/congress/votes/97-1982/s552 90-6], in lieu of {{USBill|97|S.|391}} |conferencedate = May 20, 1982 |passedbody3 = House |passeddate3 = June 3, 1982 |passedvote3 = [http://www.govtrack.us/congress/votes/97-1982/h478 319-36] |agreedbody3 =  |agreeddate3 =  |agreedvote3 =  |agreedbody4 =  |agreeddate4 =  |agreedvote4 =  |passedbody4 = Senate |passeddate4 = June 10, 1982 |passedvote4 = [http://www.govtrack.us/congress/votes/97-1982/s667 81-5] |signedpresident = [[Ronald Reagan]] |signeddate = June 23, 1982 |amendments = |SCOTUS cases = }} The '''Intelligence Identities Protection Act''' of 1982 ({{uspl|97|200}}, {{usc|50|421|426}}) is a [[United States federal law]] that makes it a [[Federal crime in the United States|federal crime]] for those with access to [[classified information]], or those who systematically seek to identify and expose covert agents and have reason to believe that it will harm the foreign intelligence activities of the U.S.,<ref>{{cite news |first1=Josh |last1=Tyrangiel |author-link=Josh Tyrangiel |title=The Law: What Can You Say About A Spy? |url=http://www.time.com/time/magazine/article/0,9171,1083917,00.html |archive-url=https://web.archive.org/web/20050719005536/http://www.time.com/time/magazine/article/0,9171,1083917,00.html |url-status=dead |archive-date=July 19, 2005 |quote=What does the law actually legislate? ... a government official with access to classified information ... an official who has security clearance in one area, learns the identity of a covert operative in another area ... any person ... who continually exposes covert operatives knowing that the U.S. is protecting their identities and having "reason to believe" their exposure will damage U.S. intelligence |publisher=[[Time (magazine)|Time]] |date=17 July 2005 |access-date=2011-01-09 | first2=Mark | last2=Mazzetti | first3=Scott | last3=Shane}}</ref> to intentionally reveal the identity of an agent whom one knows to be in or recently in certain covert roles with a U.S. intelligence agency, unless the United States has publicly acknowledged or revealed the relationship.<ref>{{cite web |url=http://www.fas.org/sgp/crs/intel/RS21636.pdf |title=Intelligence Indentities Protection Act |last=Elsia |first=Jennifer |work=[[Congressional Research Service]] |date=December 13, 2012 |access-date=February 28, 2013}}</ref> {{wikisource}}

==History== The law was written, in part, as a response to several incidents where [[Central Intelligence Agency]] (CIA) agents or officers' identities were revealed. Under then existing law, such disclosures were legal when they did not involve the release of classified information. In 1975, CIA [[Athens]] station chief [[Richard Welch]]<ref>Washington Post. {{cite web|url=https://www.cia.gov/readingroom/docs/CIA-RDP80M00165A001700040056-2.pdf|title=U.S. Aide Is Killed in Greece (CIA FOIA Document Number: CIA-RDP80M00165A001700040056-2)|work=CIA FOIA Reading Room|publisher=Central Intelligence Agency|date=2000-01-01|access-date=2024-07-03|pages=2}} "The murder of Richard S. Welch, CIA station chief in Athens, was the entirely predictable result of the disclosure tactics chosen by certain American critics of the agency as part of their effort to destroy it."</ref> was assassinated by the [[Politics of Greece|Greek]] urban guerrilla group [[Revolutionary Organization 17 November|November 17]] after his identity was revealed in several listings by a magazine called ''[[CounterSpy (magazine)|CounterSpy]],'' edited by [[Timothy Butz]]. A local paper checked with ''CounterSpy'' to confirm his identity.<ref>[http://www.fas.org/irp/congress/1994_cr/s940715-halperin.htm Morton H. Halperin and National Security Issues—A Partial Record], Congressional Record, United States Senate - July 15, 1994, pg. S9109.</ref> However, the linkage between the publication of Welch's name and his assassination has been challenged by pundits that claim he was residing in a known CIA residency.<ref>Garwood, "Under Cover"</ref>

Another major impetus to pass the legislation was the activities of ex-CIA case officer [[Philip Agee]] during the 1960s and 1970s. Agee's book ''[[CIA Diary]]'' and his publication of the ''[[Covert Action Information Bulletin]]'' blew the cover of many agents. Some commentators say the law was specifically targeted at his actions, and one Congressman, [[Bill Young (Florida politician)|Bill Young]], said during a [[United States House of Representatives|House]] debate, "What we're after today are the Philip Agees of the world."<ref>{{cite web | url = https://reason.com/2005/07/14/agees-revenge/ | title = Agee's Revenge | publisher = Reason | author = Jesse Walker | date = 2005-07-14 | archive-url = https://web.archive.org/web/20210609162146/https://reason.com/2005/07/14/agees-revenge/ | archive-date = 2021-06-09 | access-date = 2024-06-01 | url-status = live }}</ref>

The law passed the House by a vote of 315–32, with all opposing votes coming from [[Democratic Party (United States)|Democrats]]. The law passed the [[United States Senate|Senate]] 81–4, with the opponents being Democratic Senators [[Joe Biden]], [[Gary Hart]], and [[Daniel Patrick Moynihan]], and [[Republican Party (United States)|Republican]] Senator [[Charles Mathias]].<ref>{{cite news |url=https://www.nytimes.com/1982/06/11/us/bill-to-penalize-uncovering-of-agents-passed-by-senate.html |title=Bill To Penalize Uncovering Of Agents Passed By Senate |newspaper=The New York Times |agency=Associated Press |date=June 10, 1982 |access-date=February 28, 2013}}</ref> Biden had written an op-ed column in the ''[[Christian Science Monitor]]'' published on April 6, 1982, that criticized the proposed law as harmful to national security.<ref>{{cite web |url=https://www.csmonitor.com/1982/0406/040622.html |title=A Spy Law That Threatens National Security |last=Biden |first=Joseph |work=Christian Science Monitor |date=April 6, 1982 |access-date=February 28, 2013}}</ref>

{{As of|2013|alt=As of January 2013}}, there have been only two successful prosecutions involving the statute.<ref>{{cite journal| url = https://www.csmonitor.com/2005/0713/p01s02-uspo.html| title = In CIA leak case, eyes on Rove - CSMonitor.com| journal = Christian Science Monitor| date = 13 July 2005}}</ref> In 1985, [[Sharon Scranage]], a secretary in the CIA's office in Accra, Ghana, was sentenced to five years and served eight months, for giving the names of other agents to her boyfriend in [[Ghana]].<ref>{{cite news | url=http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/07/13/LEAKGLANCE.TMP | work=The San Francisco Chronicle | first=Robert | last=Collier | title=Key questions at the center of the leak controversy | date=12 July 2005 | url-status=dead | archive-url=https://web.archive.org/web/20050722075051/http://www.sfgate.com/cgi-bin/article.cgi?file=%2Fc%2Fa%2F2005%2F07%2F13%2FLEAKGLANCE.TMP | archive-date=22 July 2005 }}</ref> Beginning in February 2013, [[John Kiriakou|John C. Kiriakou]], a former CIA officer, who accepted a [[plea bargain]], served 23 months in prison and three months house arrest for disclosing the name of another CIA officer to a reporter.<ref name=NYT01513>{{cite news|title=Ex-Officer Is First From C.I.A. to Face Prison for a Leak|url=https://www.nytimes.com/2013/01/06/us/former-cia-officer-is-the-first-to-face-prison-for-a-classified-leak.html|access-date=January 6, 2013|newspaper=The New York Times|date=January 5, 2013|author=Scott Shane}}</ref>

==First Amendment implications== The criminal provisions of the act are contained in 50 U.S.C. § 421. During Congress's consideration of the measure, much attention is paid to subsection 421(c), which states:

{{blockquote|421(c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents.

Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined under Title 18 or imprisoned not more than three years, or both.}}

Under this subsection, journalists and political commentators alike could be prosecuted should they show an effort towards discovering or revealing identities of covert agents. However, it was ultimately concluded by the Senate Judiciary and the Conference Committee that the measure is constitutionally sound. Individuals would only be prosecuted if they engage in a pattern of activities intended to identify and expose covert agents, on the grounds that such actions goes beyond information that might contribute to informed public debate on foreign policy or foreign intelligence activities.

The Conference Committee assured that U.S. intelligence critics would be beyond the reach of law so long as they do not actively seek to identify or expose covert agents. However, commentators are still wary of the measure, finding 421(c) standard over-broad since it lacks a 'specific intent requirement' and instead relies on a 'reason to believe' standard.<ref>{{Cite report | last = Elsea | first = Jennifer K. | date = 2013-04-10 | title = Intelligence Identities Protection Act (RS21636) | series = CRS Report RS21636 | url = https://sgp.fas.org/crs/intel/RS21636.pdf | page = 5 | publisher = Congressional Research Service | access-date = 2024-06-01 | archive-url = https://web.archive.org/web/20210912051620/https://sgp.fas.org/crs/intel/RS21636.pdf | archive-date = 2021-09-12 | url-status = live }}</ref>

==Valerie Plame affair== {{main|Plame affair|Plame affair timeline}} Between 2003 and 2007, an investigation was conducted by prosecutor [[Patrick Fitzgerald]] into whether this law and others were violated in the identification of [[Valerie Plame]] as a CIA operative in a 2003 [[newspaper column]] by [[Robert Novak]].<ref>{{cite news |title=Robert D. Novak - Mission To Niger |newspaper=[[The Washington Post]] |archive-url=https://web.archive.org/web/20220410214352/https://www.washingtonpost.com/wp-dyn/content/article/2005/10/20/AR2005102000874.html |archive-date=2022-04-10 |url-status=live |url=https://www.washingtonpost.com/wp-dyn/content/article/2005/10/20/AR2005102000874.html}}</ref> As a result of the investigation, former Vice Presidential Chief-of-Staff [[I. Lewis Libby|"Scooter" Libby]] was convicted on two counts of [[perjury]], one count of [[obstruction of justice]] and one count of [[making false statements]] to federal investigators<ref>{{cite news | url = http://www.cnn.com/SPECIALS/2005/cia.leak/index.html | title = Libby Found Guilty of Perjury, Obstruction | publisher = CNN | date = 2007-03-06 | archive-url = https://web.archive.org/web/20070307104637/http://www.cnn.com/SPECIALS/2005/cia.leak/index.html | archive-date = 2007-03-07 | access-date = 2024-06-01 | url-status = dead }}</ref> and sentenced to thirty months in jail.<ref>{{cite web | url = http://voanews.com/english/2007-06-05-voa35.cfm | title = Former White House Official Sentenced to Prison in CIA Leak Case | publisher = Voice of America | date = 2007-06-05 | archive-url = https://web.archive.org/web/20070607163024/http://voanews.com/english/2007-06-05-voa35.cfm | archive-date = 2007-06-07 | access-date = 2024-06-01 | url-status = dead }}</ref> In a court filing related to Libby's sentencing, the CIA stated that Plame was a covert agent at the time of the leak.<ref>{{cite news | url = https://www.nbcnews.com/id/wbna18924679 | title = Plame was 'covert' agent at time of name leak | publisher = NBC News | author = Joel Seidman | date = 2007-05-29 | archive-url = https://web.archive.org/web/20201029195356/https://www.nbcnews.com/id/wbna18924679 | archive-date = 2020-10-29 | access-date = 2024-06-01 | url-status = live }}</ref> In addition, the leak enabled the identification of Plame as an employee of the CIA front company, [[Brewster Jennings & Associates]], and in doing so enabled the identification of other CIA agents who were "employed" there.<ref>{{cite news | url = http://www.washingtonpost.com/ac2/wp-dyn/A40012-2003Oct3?language=printer | title = Leak of Agent's Name Causes Exposure of CIA Front Firm | newspaper = Washington Post | last1 = Pincus | first1 = Walter | last2 = Allen | first2 = Mike | date = 2003-10-04 | archive-url = https://web.archive.org/web/20041019011453/http://www.washingtonpost.com/ac2/wp-dyn/A40012-2003Oct3?language=printer | archive-date = 2004-10-19 | access-date = 2024-06-01 | url-status = deviated }}</ref>

==''Who is Rich Blee?''== In 2011 [[Ray Nowosielski]] and John Duffy of SecrecyKills.org <ref>{{cite web |url=http://www.secrecykills.com |title=Secrecy Kills |date=2011-08-24 |access-date=2024-06-01 |archive-url=https://web.archive.org/web/20110824191102/http://www.secrecykills.com:80/ |archive-date=2011-08-24 |url-status=dead}}</ref> planned to release an audio documentary entitled ''Who is Rich Blee?'', focusing on the CIA's [[Bin Laden Issue Station|Bin Ladin unit]] before 9/11, and the way certain CIA officials blocked information on 9/11 hijackers from reaching the FBI before 9/11. In the documentary they planned to reveal the identity of two CIA agents. One of them is "[[Alfreda Frances Bikowsky|Frances]]", the red-headed CIA agent mentioned in several reports on the War on Terror, including [[Jane Mayer]]'s ''[[The Dark Side (book)|The Dark Side]]'' and an AP news story from 2011 about the [[Khalid El-Masri]] case.<ref>[https://www.foxnews.com/us/ap-impact-at-cia-grave-mistakes-then-promotions/ AP Impact: At CIA, grave mistakes, then promotions] February 09, 2011, Associated Press, via foxnews.com</ref> However, after receiving threats under the IIPA, Duffy and Nowosielski decided to release the documentary with the names [[Sanitization (classified information)|redacted]].<ref>{{Cite web|url=http://secrecykills.com/transcript|title=Wayback Machine|accessdate=Mar 3, 2025}}{{webarchive |url=https://web.archive.org/web/*/http://secrecykills.com/transcript |date=* }}</ref> The CIA threatened them with prosecution. They claim that their webmaster later posted an email containing the identities by accident. The identities then spread to the wider Internet.<ref>[http://www.boilingfrogspost.com/2011/09/10/podcast-show-55/ Boiling Frogs] podcast, Sibel Edmonds, 2011</ref><ref>[http://www.salon.com/writer/rory_oconnor_and_ray_nowosielski/ Insiders voice doubts about CIA’s 9/11 story] {{Webarchive|url=https://web.archive.org/web/20140311222536/http://www.salon.com/writer/rory_oconnor_and_ray_nowosielski/ |date=2014-03-11 }}, [[Rory O'Connor (filmmaker)|Rory O'Connor]] and Ray Nowosielski, Oct 2011, [[salon.com]]</ref><ref>{{cite news|last1=Cook|first1=John|url=http://gawker.com/5842912/chief-of-cias-global-jihad-unit-revealed-online|access-date=12 July 2017|title=Chief of CIA's 'Global Jihad Unit' Revealed Online|publisher=Gawker}}</ref>

==John Kiriakou== {{main|John Kiriakou}} A former CIA officer, John Kiriakou, was charged with offenses under the act. On Tuesday, October 23, 2012, Kiriakou pleaded guilty to violating the Intelligence Identities Protection Act.<ref name="NYT01513"/>

As part of a plea agreement, Kiriakou accepted a 30-month prison term, while the charges filed under the [[Espionage Act of 1917|Espionage Act]] were dropped. He was sentenced on January 25, 2013.<ref>[https://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html ''Ex-C.I.A. Officer Sentenced to 30 Months in Leak''], [[The New York Times]], by Michael S. Schmidt, 1/25/2013</ref> This was the first conviction of a CIA officer under the Intelligence Identities Protection Act in 27 years.<ref>{{Cite news|url=http://www.washingtonpost.com/local/ex-cia-officer-kiriakou-pleads-guilty-to-leaking-covert-operatives-identity-to-reporter/2012/10/23/a456e00a-1d28-11e2-8817-41b9a7aaabc7_story.html|title=Ex-CIA officer Kiriakou pleads guilty to leaking covert operative's identity to reporter - The Washington Post|newspaper=[[The Washington Post]] |date=Nov 6, 2012|archive-url=https://web.archive.org/web/20121106042715/http://www.washingtonpost.com/local/ex-cia-officer-kiriakou-pleads-guilty-to-leaking-covert-operatives-identity-to-reporter/2012/10/23/a456e00a-1d28-11e2-8817-41b9a7aaabc7_story.html |accessdate=Mar 3, 2025|archive-date=6 November 2012 }}</ref>

==See also== * [[Espionage Act of 1917]] * [[Executive Order 12958]] * [[Executive Order 13292]]

==External links== * [https://www.nytimes.com/2005/07/18/politics/18law.html?pagewanted=all C.I.A. Inquiry May Hinge on What the Leaker Knew] (''New York Times'' article) * [http://www.slate.com/id/2148555?pagewanted=all Plame Out. The ridiculous end to the scandal that distracted Washington] (''Slate'' article by [[Christopher Hitchens]]) * [https://www.youtube.com/channel/UCZeRoiWGwV55O09woJbtuWA Who Is Rich Blee? Find out 9.11.11 @SecrecyKills.com - FF4Films - YouTube]

==References== {{reflist|2}}

[[Category:1982 in American law]] [[Category:97th United States Congress]] [[Category:Plame affair]] [[Category:United States federal defense and national security legislation]] [[Category:United States government secrecy]] [[Category:Acts of the 97th United States Congress]]