POTUS, Hizzonor And My Senators Hung Out In SI Today and Did Not Invite Me; Instead I Wrote This Article

Well, if the media reports are to be given any credence, the Director of the CIA got pwned. By now hopefully we can all agree, stealing email is not particularly difficult, that is to say, you probably know at least one person who knows how to do it.
But what are the legal repercussions?
We could start by acknowledging a preliminary binary that underpins our process of analysis: What are the legal mechanisms that protect the disclosure of an electronic communication? There is the military related "classified" communications regime. This group of categorizations is brought to you by your local governments. The private sector has its own scheme: Privileged Communications. Therefore, in addition to "Classified" the government may use privilege as their justification for not disclosing a communication.
The private sector does not have the same leeway to use "National Security" as a rationale for not disclosing a digital document, but give them some time to refine their agenda.
So far no one commenting on this fracas has referenced this law: good old 18 USC §2517; you may be particularly interested in Section (4): No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
What does it mean? It means stolen emails, if privileged, cannot be used in a court of law, only in the court of public opinion.

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