The Daniel Ellsberg Press Freedom and Whistleblower Protection Act is advancing through the House, backed by fourteen civil liberties, press freedom, and human rights organizations including Amnesty International, the Freedom of the Press Foundation, and the Center for Constitutional Rights [1]. Rep. Rashida Tlaib introduced the bill on March 12, proposing the most comprehensive reform of the Espionage Act since its passage in 1917 [2].

The legislation would make three structural changes. First, it raises the mens rea requirement: prosecutors must prove a defendant intended to harm the United States or benefit a foreign nation, not merely made an unauthorized disclosure [3]. Second, it creates a public interest defense, allowing defendants to testify about their motivations for disclosing information related to constitutional rights violations or international humanitarian law [3]. Third, it narrows the statute's reach to those with a duty to protect classified information, shielding journalists and the general public from prosecution [4].

"Alerting the public to government wrongdoing is not a crime," Tlaib said [2]. The Espionage Act has been used to prosecute Edward Snowden, Reality Winner, Daniel Hale, and Julian Assange. None were permitted to explain why they disclosed. This bill would change that. The Trump administration has not commented. No companion bill has been introduced in the Senate.

-- ANNA WEBER, Berlin