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Dealing With 'Leaks'


Article # : 13964 

Section : CURRENT ISSUES
Issue Date : 2 / 1988  2,416 Words
Author : Elizabeth R. Rindskopf
Elizabeth R. Rindskopf is general counsel for the National Security Agency.

       As the United States and Soviet Union continue their negotiations to reduce nuclear weapons, the foreign intelligence community is challenged to provide information to support the negotiating teams and assure that ratified treaties are verified. Our ability to accomplish these responsibilities and the myriad other tasks assigned to us depends on the continued vitality of the lifeblood of all intelligence systems--the sources from which information is collected and the means (techniques) by which raw information is collected and then transformed into data that can be reported to senior policymakers.
       
        Our sources and methods can be compromised in a number of ways, including through leaks to the media of information about sources and methods.
       
        The damage caused by press publication of leaks of signals intelligence (SIGINT) information is not a new concern, but the problem has significantly increased in recent years. Many individuals bear responsibility for this state of affairs; first and foremost are those in government who release classified information to the press without authorization. Those government officials charged with protecting our nation's secrets also share the burden of correcting the problem.
       
        But the media have played a significant role as well. The media are the focus of this article, which suggests ways in which they might responsibly participate in full and open debate of policy issues without harming our nation's vital--yet fragile--foreign intelligence assets. However, before the question of media responsibility can be addressed, some terms must be defined.
       
        Not all "leaks" damage national security; the term leak is loosely applied to many unauthorized disclosures of government information. An example of such a leak might occur in the course of a criminal investigation when the identity of a potential defendant is released before the grand jury returns an indictment. The discussion in this article is strictly leaks that disclose the sources and methods by which foreign intelligence information is gathered. This type of leak is of foremost concern with regard to media responsibility for three reasons.
       
        Levels of damage
       
        First, leaks that disclose sources and methods create the most harm. Not only is the substantive intelligence information compromised, but the source from which the information originated and the
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