The New York Times was repeatedly asked not to publish info on the NSA program. They knew the material was classified; they knew the program was important to national security; they knew they didn't have the right to have the information or the authority to declassify it; and they knew publishing it would communicate the sensitive information to the enemies of the United States. The reporter included the material in a book which he intended to personally profit from knowing that it would expose secrets that the US was spending a fortune to protect. If those Americans go to the slammer for providing the information to a friendly power (Israel) why should those that gave Top Secret Compartmentalized information stay out of jail?