Rep. Rashida Tlaib introduced the Daniel Ellsberg Press Freedom and Whistleblower Protection Act in the House on March 12, proposing the most comprehensive reform of the Espionage Act since its passage in 1917 [1]. The bill is named for the Pentagon Papers whistleblower, a Michigan native who died in 2023.

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 -- actual espionage, not merely unauthorized disclosure [2]. Second, it creates a public interest defense, allowing defendants to testify about their motivations for disclosing information related to violations of constitutional rights, international humanitarian law, or human rights law [2]. Third, it narrows the statute's reach to those with a duty to protect classified information and foreign agents, shielding journalists and the general public from prosecution [2].

Fourteen civil liberties, press freedom, and human rights organizations have endorsed the bill, including Amnesty International, the Freedom of the Press Foundation, and the Center for Constitutional Rights [3]. "Alerting the public to government wrongdoing is not a crime," Tlaib said [1]. 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.

-- ANNA WEBER, Berlin