6 0 0 0 OA 報道機関に情報を提供する行為に対するアメリカ司法省による刑事責任追及の変遷
- 著者
- 奥山 俊宏
- 出版者
- 日本マス・コミュニケーション学会
- 雑誌
- マス・コミュニケーション研究 (ISSN:13411306)
- 巻号頁・発行日
- vol.94, pp.73-91, 2019-01-31 (Released:2019-06-06)
- 参考文献数
- 18
This research focuses on the U.S. Department of Justice’s investigation andprosecution of unauthorized disclosures of government information to themedia. Based on a review of 21 cases, the research shows trends in the frequencyof prosecutions. The investigations and prosecutions by the U.S. Department of Justice(DOJ) and the Federal Bureau of Investigation (FBI) with regard to leakshave gone through some transition. In the 20th century, only four cases wereprosecuted. However, the situation has completely changed in this century.Under the Obama administration, there were eight charges against allegedleakers between 2009 and 2013. On the other hand, no such charges were filedfrom October 2013 to September 2016. Despite President Trump’s pledge formore prosecutions, there have only been five cases since his inauguration. Thishas occurred notwithstanding the frequency of leaks being about to “explode.” Several factors contribute to this volatility. Among these factors are theDOJ and FBI’s internal codes or norms with which the investigators and prosecutorsmust comply. For example, between 2005 and 2006, the normal constraints were relaxed,both in terms of investigative procedures with regard to the news media andthe scope of the interpretation of the substantive law, such as the EspionageAct. As a result, the frequency of prosecutions increased between 2009 and2013. However, between 2013 and 2015, the constraints of investigations againstthe press strengthened significantly under the direction of President Obama.Therefore there was “downtime” between 2013 and 2016. The DOJ serving under the Trump administration announced in 2017 thatit was reviewing policies affecting media subpoenas. The announcement can beregarded as evidence of the fact that the change of the norms or internal codeshas played an important role in trends in the frequency of prosecutions.