So had this not involved presumed military secrets, it would have been legal? So it was the classified info that made it a crime, and then the insider trading aspect was later tacked on? It's crazy how the government adds so many charges. This guy is screwed.

That's part of the Chesterton's Fence nature of why these markets are bad. We know insider trading is a bad thing for the stock market, so it's policed. These markets, being a post-regulation internet free for all, aren't.