Intelligence Identities Protection Act and Its Interpretation
Congress passed the Intelligence Identities Protection Act, P.L.97-200 in 1982. The Act, as amended,1 is codified at 50USC 421-426. Under 50USC 421 criminal penalties are provided, in certain circumstances, for intentional, unauthorised disclosure of information identifying a covert agent, where those making such a disclosure know that the information disclosed identifies the covert agent as such and that the United States is taking affirmative measures to conceal the covert agent's foreign intelligence relationship to the United States. Other sections of the Act provide exceptions and defences to prosecution, make provision for extraterritorial application of the offenses in section 421, include reporting requirements to Congress, and set forth definitions of the terms used in the Act. There do not appear to be any published cases involving prosecutions under this Act. In 1982, the Intelligence Identities Protection Act was enacted into law as an amendment to the National Security Act of 1947. This Act was a response to concerns of members of the House and Senate Intelligence Committees and others in Congress "about the systematic effort by a small group of Americans, including some former intelligence agency employees, to disclose the names of covert intelligence agents. This new book presents the text of the Act, its interpretation and the Court of Appeals case of closest to the issue of intelligent agents and disclosure of their identities -- Adele HALKIN, et al., v. Richard HELMS.
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access to classified alleged appellants appellants argue appellees asserted authorized access Brief for Appellants camera affidavit CIA's claim of privilege claims for injunctive classified information Committee communications concerning constitutional Cora Weiss D.C. Cir declaratory judgment declaratory relief defendants Director disclosed so identifies Disclosure of information discovery dismissed district court Executive Order Exemption expose covert agents filed FOIA foreign intelligence activities fourth amendment Halkin identifies such covert identify and expose Identities Protection Act information disclosed injunctive and declaratory injunctive relief injury in fact intelligence agency intelligence gathering Intelligence Identities Protection interception interrogatories involved litigation measures to conceal moot motion offense officials Operation CHAOS parties personal jurisdiction present question receive classified information redactions reprinted in 1982 result Richard Helms Rockefeller Commission secrets privilege section 421 sought specific statute named summary judgment Super Tire supra taking affirmative measures U.S. App unidentified plaintiffs United violation warrantless