18 U.S.C. § 797 — Publication and sale of photographs of de-

Page 188 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 796 the Secretary of the Air Force as ‘‘top secret’’, ‘‘se- cret’’, ‘‘confidential’’, or ‘‘restricted’’, and all such arti- cles, materials, or equipment which may hereafter be so classified, designated, or marked with the approval or at the direction of the President. 3. All official military, naval, or air-force books, pamphlets, documents, reports, maps, charts, plans, de- signs, models, drawings, photographs, contracts, or specifications which are now marked under the author- ity or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force as ‘‘top se- cret’’, ‘‘secret’’, ‘‘confidential’’, or ‘‘restricted’’, and all such articles or equipment which may hereafter be so marked with the approval or at the direction of the President. This order supersedes Executive Order No. 8381 of March 22, 1940 entitled ‘‘Defining Certain Vital Military and Naval Installations and Equipment’’[.] HARRY S. TRUMAN. § 796. Use of aircraft for photographing defense installations Whoever uses or permits the use of an aircraft or any contrivance used, or designed for naviga- tion or flight in the air, for the purpose of mak- ing a photograph, sketch, picture, drawing, map, or graphical representation of vital military or naval installations or equipment, in violation of section 795 of this title, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 738; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 45, 45a, and 45c of title 50, U.S.C., 1940 ed., War and National Defense (Jan. 12, 1938, ch. 2, §§ 1, 2, 4, 52 Stat. 3, 4). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Punishment provided by section 795 of this title is re- peated, and is from said section 45 of title 50, U.S.C., 1940 ed. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 797. Publication and sale of photographs of de- fense installations On and after thirty days from the date upon which the President defines any vital military or naval installation or equipment as being within the category contemplated under section 795 of this title, whoever reproduces, publishes, sells, or gives away any photograph, sketch, pic- ture, drawing, map, or graphical representation of the vital military or naval installations or equipment so defined, without first obtaining permission of the commanding officer of the military or naval post, camp, or station con- cerned, or higher authority, unless such photo- graph, sketch, picture, drawing, map, or graph- ical representation has clearly indicated thereon that it has been censored by the proper military or naval authority, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 738; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 45 and 45b, of title 50, U.S.C., 1940 ed., War and National Defense (Jan. 12, 1938, ch. 2, §§ 1, 3, 52 Stat. 3). Punishment provision of section 45 of title 50, U.S.C., 1940 ed., War and National Defense, is repeated. Words ‘‘upon conviction’’ were deleted as surplusage since punishment cannot be imposed until a conviction is se- cured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 798. Disclosure of classified information (a) Whoever knowingly and willfully commu- nicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified in- formation— (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic sys- tem of the United States or any foreign gov- ernment; or (2) concerning the design, construction, use, maintenance, or repair of any device, appa- ratus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or com- munication intelligence purposes; or (3) concerning the communication intel- ligence activities of the United States or any foreign government; or (4) obtained by the processes of communica- tion intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes— Shall be fined under this title or imprisoned not more than ten years, or both. (b) As used in subsection (a) of this section— The term ‘‘classified information’’ means in- formation which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Gov- ernment Agency for limited or restricted dis- semination or distribution; The terms ‘‘code,’’ ‘‘cipher,’’ and ‘‘cryp- tographic system’’ include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of dis- guising or concealing the contents, significance, or meanings of communications; The term ‘‘foreign government’’ includes in its meaning any person or persons acting or pur- porting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or per- sons purporting to act as a government within a foreign country, whether or not such govern- ment is recognized by the United States;