Sabrina,
Neither I (
message 174) nor from what I can gather Professor Benkler ever said otherwise with respect to 104. In fact I would say that if you read Benkler's article, you will see that he is focused on the legal ramifications for the person doing the leak. BTW if you are having trouble with your caps lock key sticking, PM me, and I will offer you a suggestion.
However, you may have conflated two issues because I did also discuss the proposed SHIELD act, which is a different kettle of fish altogether. At Wired Ryan Singel
wrote, "The so-called SHIELD Act (Securing Human Intelligence and Enforcing Lawful Dissemination) would expand the little used Espionage Act, which dates to World War I.
The bill (H.R. 6506) would likely face a constitutional challenge on First Amendment grounds, and could criminalize news reporting, such as the New York Times report from last year that the CIA regularly pays Ahmed Wali Karzai, the brother of Afghanistan’s president who is suspected of being deeply involved in corruption and the opium drug trade."