Overly Broad Disclosure Definition Stifles Platforms
This provision defines "public disclosure" so broadly that information becomes actionable the moment it "becomes known by one or more persons"—creating severe compliance uncertainty for digital platforms, content-sharing services, and tech startups. Combined with the preceding provisions' expansive categories of "protected confidential information" (52, 53)—including Cabinet communications, economic data, and closed-door proceedings—platforms cannot determine what user-generated content might trigger enforcement. The provision lacks critical safeguards: no distinction between active publication and passive hosting, no threshold requirement (e.g., "widespread" disclosure), and no consideration of technical feasibility for content monitoring. This forces platforms to either implement expensive pre-publication screening systems (often technically impossible for encrypted services) or accept significant legal risk, creating structural barriers to entry for information-sharing platforms and chilling innovation in investigative journalism tools and whistleblower platforms.