I'd say
http://www.law.cornell.edu/uscode/text/18/798 section (a)/(3)
puts a reporter that aims to a break a story about govt.
agencies violating the 4th amendment at risk. It's not just
drama. Is "publish" intended to be a standalone condition or
must it also be constrained by the "safety or interest"
condition? I read it as a standalone condition. Who would want
to count on a judge in a secret court would side against the
State department for a reporter? Seriously? It seems to me
there's real danger for these two, esp. at the point they were
breaking the early stories about PRISM.
"(a) Whoever knowingly and willfully communicates, 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 information—
(1) concerning the nature, preparation, or use of any code,
cipher, or cryptographic system of the United States or any
foreign government; or
(2) concerning the design, construction, use, maintenance, or
repair of any device, apparatus, or appliance used or prepared
or planned for use by the United States or any foreign
government for cryptographic or communication intelligence
purposes; or
(3) concerning the communication intelligence activities of the
United States or any foreign government; or
(4) obtained by the processes of communication 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."
Marcus