Here's a new draft with an addition at the end.
Official Conclusion (Draft)
What constitutes an appropriate level of sensitivity for information listed in Clause I of the Act so as to be considered a treasonable offence as listed under Clause III if not properly held in confidence?
In case of recruitment, it is only allowed to state that recruitment is open, but not the quantity of the units to be trained nor how should they be positioned within the Empire.
the announcement that say Hispania has plans to recruit 9,000 more troops, or four new ships.
In case of movement, it is allowed to provide generalities if an Exercit, an unit, or any kind of military component is moving, but is outlawed to give details. For example
If an Italian army is relocating, stating the fact that it is relocating to provide reinforcement for such and such theatre, is a generality, but specifics on exact deployment location and strength, is sensitive.
In the case of negotiations, details must be kept secret, but the fact that negotiations are underway, or that they have concluded, whether they are neutral, cordial, friendly, etc. remains often widely known and not a problem is not sensitive. Existing alliances are also not sensitive. Specifics on military access or war subsidies, however are sensitive.
In the vase of declarations of war, any planned declaration of war should be considered sensitiv, as it may cause exposing ourselves to our expected enemy and to unexpected enemies.
The Emperor has complete sovereignity in declaring an embargo on any information from the cabinet, provided Cabinet is given previous warning.
Can a declaration by the Emperor that designates information shared by a Cabinet minister as not sensitive made after such information is shared absolves the minister of any wrongdoing and does not invoke Clause III.
The order of events is critical. When a cabinet member publishes sensitive information without the consent of the sovereign, they have, in that moment, broken the law. The offense isn't so much about releasing sensitive information, as it is about disrespecting the sovereignty of the crown. Note that the act makes reference to allowing an embargo of any cabinet information with the punishment of treason, even if it isn't a national security related. What makes breaking this act treason is not that it risks the empire, but that it disrespects the power of the soverign.
All that can be done from that point, respecting the order of events, is the offender can be pardoned. The fact that treason lies in the disobedience is important to the question of pardoning. The It'd be a bad precedent to set for the future. In times of political instability, an Emperor might feel that moving to allow punishment of, say a prime minister could, serve to worsen the political situation. Even if said Emperor really would have rathered to keep such information sensitive. This would give a Prime Minister a potential gambit to play in order to wedge power away from the Emperor in a time of crisis. To allow this issue to go without consequence would increase the likelihood such a gambit being played in the future. While the Emperor has many powers, there must be guidelines to preserve them from usurpation. This law recognizes it, hence it declaring the charge of treason be levied for the release of non-sensitive information should the Emperor refuse it. As the offense one of disrespect to the crown, it'd be expected that the crown decide punishment that they think would serve as a suitable deterrent.
Official Conclusion (Draft)
What constitutes an appropriate level of sensitivity for information listed in Clause I of the Act so as to be considered a treasonable offence as listed under Clause III if not properly held in confidence?
In case of recruitment, it is only allowed to state that recruitment is open, but not the quantity of the units to be trained nor how should they be positioned within the Empire.
the announcement that say Hispania has plans to recruit 9,000 more troops, or four new ships.
In case of movement, it is allowed to provide generalities if an Exercit, an unit, or any kind of military component is moving, but is outlawed to give details. For example
If an Italian army is relocating, stating the fact that it is relocating to provide reinforcement for such and such theatre, is a generality, but specifics on exact deployment location and strength, is sensitive.
In the case of negotiations, details must be kept secret, but the fact that negotiations are underway, or that they have concluded, whether they are neutral, cordial, friendly, etc. remains often widely known and not a problem is not sensitive. Existing alliances are also not sensitive. Specifics on military access or war subsidies, however are sensitive.
In the vase of declarations of war, any planned declaration of war should be considered sensitiv, as it may cause exposing ourselves to our expected enemy and to unexpected enemies.
The Emperor has complete sovereignity in declaring an embargo on any information from the cabinet, provided Cabinet is given previous warning.
Can a declaration by the Emperor that designates information shared by a Cabinet minister as not sensitive made after such information is shared absolves the minister of any wrongdoing and does not invoke Clause III.
The order of events is critical. When a cabinet member publishes sensitive information without the consent of the sovereign, they have, in that moment, broken the law. The offense isn't so much about releasing sensitive information, as it is about disrespecting the sovereignty of the crown. Note that the act makes reference to allowing an embargo of any cabinet information with the punishment of treason, even if it isn't a national security related. What makes breaking this act treason is not that it risks the empire, but that it disrespects the power of the soverign.
All that can be done from that point, respecting the order of events, is the offender can be pardoned. The fact that treason lies in the disobedience is important to the question of pardoning. The It'd be a bad precedent to set for the future. In times of political instability, an Emperor might feel that moving to allow punishment of, say a prime minister could, serve to worsen the political situation. Even if said Emperor really would have rathered to keep such information sensitive. This would give a Prime Minister a potential gambit to play in order to wedge power away from the Emperor in a time of crisis. To allow this issue to go without consequence would increase the likelihood such a gambit being played in the future. While the Emperor has many powers, there must be guidelines to preserve them from usurpation. This law recognizes it, hence it declaring the charge of treason be levied for the release of non-sensitive information should the Emperor refuse it. As the offense one of disrespect to the crown, it'd be expected that the crown decide punishment that they think would serve as a suitable deterrent.