Alan I think I see where the confusion is.
The Act says it is illegal ... "if he publishes it or willfully retains it when the government has demanded its return" You're wondering what the "or" modifies.
You're reading it as it being illegal if he either 1) publishes it, or 2) willfully retains it when the government asks for it back.
I think the statute is intended to read that it is illegal is you 1) either publish it or willfully retain it, 2) when the government asks for it back.
deepatrax seems to be saying that the government asked Wikileaks not to publish it and they did. That would be illegal under either interpretation.
He also seems to be saying that the government did not ask any media outlet to forebear form publishing it after Wikileaks released it. That would mean the media outlets are not liable under the second interpretation, but conceivably would be under the first.
Am I making this clear or am I just muddling it further?
(I have no idea what the law states, by the way. The second interpretation just seems to be the more reasonable of the two.)
The Act says it is illegal ... "if he publishes it or willfully retains it when the government has demanded its return" You're wondering what the "or" modifies.
You're reading it as it being illegal if he either 1) publishes it, or 2) willfully retains it when the government asks for it back.
I think the statute is intended to read that it is illegal is you 1) either publish it or willfully retain it, 2) when the government asks for it back.
deepatrax seems to be saying that the government asked Wikileaks not to publish it and they did. That would be illegal under either interpretation.
He also seems to be saying that the government did not ask any media outlet to forebear form publishing it after Wikileaks released it. That would mean the media outlets are not liable under the second interpretation, but conceivably would be under the first.
Am I making this clear or am I just muddling it further?
(I have no idea what the law states, by the way. The second interpretation just seems to be the more reasonable of the two.)