NYT Times again NYT Times again

Mention was made in my previous post about 18 U.S.C. 798. It reads, in relevant part:

(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 - ...
(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...(Emphasis added)

The disclosure of the existance of the NSA international surveilance program by the NYT would seem to fall right into this statute.

Also see my previous post.