R ecent unauthorized disclosures to the press concerning activities in the White House, and the publication of large quantities of classified information by WikiLeaks and other organizations and news outlets, has prompted congressional interest in criminal prohibitions on disclosure of classified information. While President Trump and certain media outlets have described certain White House leaks as "criminal" and "illegal , " there is no single statute that criminalizes any unauthorized disclosure of classified information. Instead, criminal prohibitions on unauthorized disclosure of classified information are based on a complex and often overlapping set of statutes with provisions that differ depending on, among other factors, what material was leaked, to whom it was given, and the intent of the discloser. The most recent large-scale unauthorized disclosure occurred on March 7, 2017, when WikiLeaks published a collection of what it claims is the "largest ever publication of confidential documents" from the Central Intelligence Agency (CIA). This material, dubbed "Vault 7" by WikiLeaks, has been reported to expose classified information concerning, among other things, the CIA's technical capabilities to bypass encryption on certain phone and messaging services, to use "smart" televisions as listening devices, and to engage in certain types of cyberattacks. In a press release, WikiLeaks claimed that its source for the classified material "wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons." This latest disclosure has prompted renewed questions regarding the government's ability to prosecute WikiLeaks and its founder, Julian Assange, for their role in the publication of classified material. Historically, the criminal statutes prohibiting the disclosure of protected information have been used almost exclusively to prosecute (1) individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents and (2) foreign agents who obtain classified information unlawfully while present in the United States. In recent years, however, government officials have utilized the Espionage Act and other relevant statutes to prosecute individuals for providing classified information to news outlets and other organizations, including WikiLeaks, even when the accused claims to have a salutary motive of influencing public opinion or exposing potentially useful information about government programs. These prosecutions and the related proceedings that have been filed against members of the press who receive leaked information implicate unique constitutional considerations concerning the scope of First Amendment rights to freedom of speech and freedom of the press. While there is no single statute that criminalizes the unauthorized disclosure of any classified information, a patchwork of statutes exists to protect information depending upon its nature, the identity of the discloser and of those to whom it was disclosed, the purpose of disclosure, and the means by which the information was obtained. One broad category of information—national defense information—is protected by the Espionage Act, while other types of relevant information are covered elsewhere in various provisions of the U.S. Code . Some provisions apply only to government employees or others who have authorized access to sensitive government information, but many apply to all persons. Analysis of which statutory authorities are applicable to an unauthorized disclosure of classified information is likely to depend on the precise circumstances of the disclosure. Originally enacted upon the United States' entry into World War I, the Espionage Act is one of the U.S. government's primary statutory vehicles for addressing the disclosure of classified information. The act is now codified as amended, in relevant part, in 18 U.S.C. Sections 793-798. Each section provides for criminal prohibitions on gathering, handling, or transmitting information or other material "relating to the national defense" —commonly referred to as national defense information —and other protected classes of documents, material, or information defined by statute. The Espionage Act does not expressly address what constitutes information that is sufficiently related to national defense to fall within its ambit. However, in a 1941 decision, Gorin v. United States , the Supreme Court explained that "national defense" is a "generic concept of broad connotations, relating to the military and naval establishments and the related activities of national preparedness." While it is not necessary that a government agency mark information as classified in order for it to be protected under the Espionage Act, courts seem to give deference to the executive determination of what constitutes national defense information. The act has been challenged on several occasions under the theory that the term national defense information is unconstitutionally vague and overbroad, but the Gorin Court held that the mental state or mens rea requirements in the act, discussed below, had a "delimiting" effect that gave what were otherwise potentially problematic terms sufficient definitiveness to pass constitutional muster. The first provision of the Espionage Act, 18 U.S.C. Section 793, prohibits certain activities related to gathering, receiving, or transmitting national defense information to "one not entitled to receive it." Section 793(a) prohibits obtaining information concerning a series of national defense installations (i.e., physical places) "with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation[.]" Similarly, Section 793(b) prohibits individuals with "like intent or reason to believe" from obtaining or duplicating any "sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense." Subsection (c) of Section 793 creates criminal liability for an individual who "receives or obtains, or agrees or attempts to receive or obtain" certain material related to national defense when the individual knows or has reason to believe that the material has been or will be "obtained, taken, made, or disposed of by any person contrary to the provisions of the [Espionage Act]." Thus, whereas subsections (a) and (b) criminalize collecting or copying national defense information, subsection (c) prohibits its receipt so long as the recipient has (or should have) knowledge that the source violated another provision of the Espionage Act in the course of obtaining the information. Subsections (d) and (f) of Section 793 prohibit the dissemination of certain material and information relating to the national defense that is in the lawful possession of the individual who disseminates it. Subsection (d) prohibits willful dissemination, and subsection (f) prohibits dissemination or mishandling through gross negligence. Subsection (f) also applies when the lawful possessor of national defense information "fails to make prompt report" of its loss or theft. When an individual has unauthorized possession of certain material or information related to the national defense, Section 793(e) prohibits its willful disclosure. Violators of any provision in Section 793 are subject to a fine or up to 10 years of imprisonment, or both, as are those who conspire to violate the statute. 18 U.S.C. Section 794 covers so-called "classic spying" cases in which a defendant gathers or delivers national defense information or materials for use by foreign governments. More specifically, Section 794 penalizes anyone who transmits information or certain material related to the national defense to a foreign government or foreign political or military party with the intent or reason to believe it will be used to the injury of the United States or the advantage of a foreign nation. Section 794 thus differs in primary respect from Section 793 in that it focuses on a more limited category of recipients—agents of foreign governments. Section 794(b), which is applicable only "in time of war," further prohibits attempts to elicit information related to the public defense "which might be useful to the enemy[.]" Subsection (c) makes it a crime to conspire to violate the provisions of Section 794. A violation of Section 794 is punishable by imprisonment for any term of years or life, or under certain circumstances, by a sentence of death. The death penalty is available upon a finding that the offense resulted in the death of a covert agent or directly concerns nuclear weapons or other particularly sensitive types of information. The death penalty is also available for violators who gather, transmit, or publish information related to military plans or operations and the like during time of war, with the intent that the information reaches the enemy. Offenders are also subject to forfeiture of any ill-gotten gains and property used to facilitate the offense. In sum, Section 794 treats the transmission of national security information with intent to aid the enemy or a foreign government more severely than other types of disclosures. The unauthorized creation, publication, sale, or transfer of photographs or sketches of vital defense installations or equipment as designated by the President is prohibited by 18 U.S.C. Sections 795 and 797. Similarly, Section 796 prohibits the use of an aircraft for the purpose of capturing images of a vital defense installation or equipment. Violators are subject to fine or imprisonment for not more than one year, or both. 18 U.S.C. Section 798 provides that the knowing and willful disclosure of certain specified types of classified information (as opposed to national defense information) is punishable by fine and/or imprisonment for not more than 10 years. The provision applies only to certain categories of classified information, such as information concerning codes, ciphers, cryptographic systems, or other communications intelligence activities. And the term "classified information" is limited to information that was classified "for reasons of national security[.]" To incur a penalty, the disclosure must be prejudicial to the safety or interests of the United States or work to the benefit of any foreign government and to the detriment of the United States. Members of the military who commit espionage akin to the conduct prohibited in 18 U.S.C. Section 794 may be tried by court-martial for violating Article 106a of the Uniform Code of Military Justice (UCMJ) and sentenced to death if certain aggravating factors are found by unanimous determination.