Assumptions made (stated as fact) by Wainstein:
The 2 questions on the table, in Wainstein's view, are:
Wainstein's answer to the second question is yes. The laws should be revised. Current laws must be clarified in a manner that more accurately reflects the particularities of new Internet-related methods of disseminating information in the 21st Century.
His answer to the first question is also affirmative. Wikileaks should be prosecuted. Most of his statement focuses on showing how the US can prosecute WikiLeaks without bringing about negative repercussions for the free press in America, and without violating The First Amendment. His proposed strategy is to show that WikiLeaks differs fundamentally and substantively from the traditional media.
WikiLeaks disclosures of sensitive information can be categorized as differing from the disclosure of sensitive information via the traditional press on the grounds that the traditional press only discloses sensitive information that relates directly to a story (in the process of investigative reporting). Wainstein insists that WikiLeaks disclosures of " official secrets", on the other hand, focus on obtaining and disclosing sensitive information in a mass and indiscriminate manner. He sees this as the key to a successful prosecution of WikiLeaks.
Witness Information:
Kenneth L. Wainstein
Partner, O'Melveny & Myers LLP
Washington, DC
Written Statement (pdf)
Video Transcript (Youtube)
Opening Statements from John Conyers Jr., William Delahunt, Ted Poe + Testimony of Abbe D. Lowell
Testimony of Gabriel Schoenfeld