I see what you're saying, but the fact is that the Supreme Court sees it differently, and has for decades. That's why virtually no one actually goes to jail under the Espionage Act. Seriously, I don't think there is enough prison space to hold all the nitwits who left a classified laptop in the back seat of their car, or accidentally posted a classified fact on NIPR, or mixed up a sensitive folder with some other trash. In order to commit treason, you pretty much have to hand information that you know is classified to a person that you know is working for the enemy when you know that that enemy is going to use the information to hurt the United States. Petraeus flat out handed TS/SCI info to a biographer for sex, no jail. Scooter Libby flat out outed an active CIA agent in the field for political gain, no jail.