Global surveillance and journalism

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Global surveillance and journalism is a subject covering journalism or reporting of governmental espionage, which gained worldwide attention after the Global surveillance disclosures of 2013 that resulted from Edward Snowden's leaks. Since 2013, many leaks have emerged from different government departments in the US, which confirm that the National Security Agency (NSA) spied on US citizens and foreign enemies alike. Journalists were attacked for publishing the leaks and were regarded in the same light as the whistleblowers who gave them the information. Subsequently, the US government made arrests, raising concerns about the freedom of the press.

Contents

A whistleblower is someone, particularly an insider or employee of a company, who brings to light wrongdoing by an employer, a government, or a law-enforcement agency, and who is commonly vested by statute with rights and remedies against retaliation. [1]

US "war against whistleblowers"

The Obama administration was characterized as much more aggressive than the Bush and other previous administrations in its response to whistleblowing and leaks to the press, [2] prompting critics to describe Obama's crackdown as a battle against whistleblowers. [3] [4] [5] A public statement by the Obama campaign said that "the Obama administration has prosecuted twice as many cases under the Espionage Act as all the other administrations combined. [6] [7] [8] [9] Eight people have been charged under previously rarely used leak-related provisions of the Espionage Act of 1917. [10]

Four NSA whistleblowers

In 2011, the Department of Defense's Office of the Inspector General declassified documents which are the only response to the four whistleblowers' claims. The documents further explore NSA responsibility for wasting resources on the failed attempt at Trailblazer. [11]

Stephen Jin-Woo Kim, a State Department contractor who reportedly had a conversation about North Korea with James Rosen of Fox News [12] and Jeffrey Sterling, an alleged source for James Risen's book [[State of War: The Secret History of the CIA and the Bush Administration|State of War]]. Risen has also been subpoenaed to reveal his sources, a rare action by the government. Shamai Leibowitz, a contract linguist for the Federal Bureau of Investigation (FBI), was convicted of leaking information from embassy wiretaps. [13] Like John Kiriakou, he is serving a thirty-month prison term for disclosing that intelligence officers were using torture. Many whistleblowers witness serious crimes and are severely punished when they expose them, but the perpetrators of the original misdeeds are not held accountable. [11]

United States v. Manning

Background

Chelsea Manning was a United States Army soldier convicted in 2013 for illegally downloading military reports that were unclassified and sensitive military documents. The documents were from both wars where the US was involved: in Iraq and Afghanistan. Manning had acquired the documents on the military base in Baghdad. [14]

Manning provided Wikileaks with evidence of Collateral Murder when the US Army killed 12 unarmed citizens with an Apache attack helicopter. The attack happened in a Baghdad suburb and two Reuters staff were among the victims. Manning commented on the video, finding the "delightful bloodlust" the soldiers appeared to have disturbing. [15] As seen on the footage and aerial weapons team asks a wounded Iraqi to hold up a gun so that they could have reason to engage. [16]

On August 21, 2013, Manning was sentenced to thirty-five years in prison for providing sensitive documents to WikiLeaks. She only served seven years before President Barack Obama commuted her sentence in 2017. While in prison, Manning attempted to take her life twice over her struggles with gender dysphoria and attempts to get a gender reassignment. [17]

Other notable whistleblowers

James Hitselberger, a former contract linguist for the US Navy in Bahrain is charged with possessing classified documents. [18] Edward Snowden, a technical contractor for the NSA and former employee of the Central Intelligence Agency (CIA), is currently at large and has been charged with theft and the unauthorized disclosure of classified information to columnist Glenn Greenwald. [19] [20]

Reporters Without Borders' 2014 Press Freedom Index [21] saw a drop of 13 ranks for the United States due to her "treatment of whistleblowers, leakers, and those who assist them" in 2013. The country fell to 46th place, between Romania and Haiti. The United Kingdom fell three places for similar reasons. The Index is meant to highlight places where journalists and photographers are free to do their work, as well as places where the work puts them in danger. [22] Reporters Without Borders' executive director Christian Mihr stated: "In the US, state persecution of investigative journalists and their sources by security services has reached an unprecedented level. If sources can no longer be trusted, we face a significant curtailment of press freedom and a dramatic step backward when it comes to democracy." [23]

Allegations of government intimidation of The Guardian

The Guardian is a UK-based newspaper with an international reach. In 2013, The Guardian received a copy of data from NSA whistleblower Edward Snowden.

External videos
Nuvola apps kaboodle.svg Video from The Guardian including footage of destruction

In June and July 2013, Prime Minister David Cameron sent Jeremy Heywood, the Cabinet Secretary, to meet with Alan Rusbridger, editor of The Guardian. [24] Accordingly, Heywood ordered the editor to cease publishing articles based on the Snowden disclosures. According to The Guardian, Heywood said: "We can do this nicely or we can go to law", adding that "A lot of people in government think you should be closed down". [24]

On July 20, the destruction of computer hard-drives was carried out by several Guardian staff members under the observation of experts from GCHQ. [24] [25]

The Guardian said the authorities were told of the existence of multiple copies of the data outside the UK. The deputy editor, Paul Johnson, who was involved in the destruction told Luke Harding about the experience. "It was purely a symbolic act", Johnson said. "We knew that. GCHQ knew that. And the government knew that. It was the most surreal event I have witnessed in British journalism". [26]

Arrest of David Miranda

Greenwald and his partner David Miranda in 2013 Greenwald and Miranda.jpg
Greenwald and his partner David Miranda in 2013

In August 2013, the Metropolitan Police detained Greenwald's partner David Miranda at London's Heathrow Airport under Schedule 7 of the Terrorism Act 2000, while he was traveling home from Berlin. [27] [28] [29] A February 2014 court decision upheld the detention as appropriate. [30]

Greenwald described his partner's detention as "clearly intended to send a message of intimidation to those of us who have been reporting on the NSA and GCHQ". [31] Miranda was detained for nine hours and his laptop and other items were seized. He has since sued the Metropolitan Police for misuse of their powers. According to The Guardian, the claim "challenging controversial powers used under schedule 7 to the Terrorism Act 2000, maintains that Miranda was not involved in terrorism and says his right to freedom of expression was curtailed". [32]

In December 2013, Greenwald and Miranda openly advocated for asylum in Brazil for Edward Snowden in exchange for the fugitive leaker's cooperation in investigating the NSA. [33] Brazil responded by saying that it was not interested in investigating the NSA. [34]

Julian Assange and WikiLeaks

In 2006 Wikileaks was created by Julian Assange and the goal for Wikileaks is to capture the truth by any means, which has put them in the International Spotlight over the years. Since its birth, Wikileaks has released classified documents regarding the war effort in the Middle East, documents regarding the detainees in Guantanamo Bay, and releasing emails from Democratic National Committee staffers. [35]

U.S Crackdown on Assange

On April 11, 2019, Assange was arrested after being taken from the Ecuadorian embassy. The U.S. Justice Department believes that with the position of Wikileaks during the 2016 elections, he, Julian Assange, had a key role in the Russian attack on the 2016 elections. During the same election, Assange had released DNC staff flies as well, which many believe that he released them because the next day was a democratic election. Soon after, a DNC staffer named Seth Rich was murdered and was believed to be leaking the e-mails. Also, the U.S. Department of Defense believes that Assange had conspired with Chelsea Manning in cracking a password that was on a U.S. Department of Defense computer, which is stored on a U.S. government network and she had downloaded 1,000 classified documents. [36]

Journalists as accomplices

Director Clapper has referred to Snowden's "accomplices", [37] while Rep. Peter King explicitly accused Greenwald of having Snowden as an "accomplice". [38] UK Conservative politician Liam Fox has contacted the UK Director of Public Prosecutions to consider whether journalists at The Guardian "breached counter-terrorism laws". [39] [40]

Pressure from the NSA

Computer Science Professor Matthew Green of Johns Hopkins University posted a statement critical of the NSA. The university issued a statement it had "received information that Matthew Green's blog contained a link or links to classified material", after which it asked him to remove the post. [41] [42] Following this, the NSA's logo was removed and the material was published in many different news outlets so the Interim Dean, Andrew Douglas, will have the post restored. [43]

Related Research Articles

Cryptome is an online library and 501(c)(3) private foundation created in 1996 by John Young and Deborah Natsios closed in 2023 and reopened soon afterward. The site collected information about freedom of expression, privacy, cryptography, dual-use technologies, national security, intelligence, and government secrecy.

<span class="mw-page-title-main">Espionage Act of 1917</span> United States federal law

The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18 : 18 U.S.C. ch. 37.

<span class="mw-page-title-main">Glenn Greenwald</span> American journalist, lawyer and writer (born 1967)

Glenn Edward Greenwald is an American journalist, author, and former lawyer.

<span class="mw-page-title-main">WikiLeaks</span> News leak publishing organisation

WikiLeaks is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by Julian Assange, an Australian editor, publisher, and activist. Since September 2018, Kristinn Hrafnsson has served as its editor-in-chief. Its website states that it has released more than ten million documents and associated analyses. WikiLeaks' most recent publication of original documents was in 2019 and its most recent publication was in 2021. From November 2022, numerous documents on the organisation's website became inaccessible. In 2023, Assange said that WikiLeaks is no longer able to publish due to his imprisonment and the effect that US government surveillance and WikiLeaks' funding restrictions were having on potential whistleblowers.

<span class="mw-page-title-main">Sam Adams Award</span> American annual award for intelligence professionals

The Sam Adams Award is given annually since 2002 to an intelligence professional who has taken a stand for integrity and ethics. The award is granted by the Sam Adams Associates for Integrity in Intelligence, a group of retired CIA officers. It is named after Samuel A. Adams, a CIA whistleblower during the Vietnam War, and takes the physical form of a "corner-brightener candlestick".

<span class="mw-page-title-main">Julian Assange</span> Australian editor and founder of WikiLeaks (born 1971)

Julian Paul Assange is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. He came to international attention in 2010 after WikiLeaks published a series of leaks from Chelsea Manning, a United States Army intelligence analyst: footage of a U.S. airstrike in Baghdad, U.S. military logs from the Afghanistan and Iraq wars, and U.S. diplomatic cables. Assange has won multiple awards for publishing and journalism.

<span class="mw-page-title-main">Laura Poitras</span> American director and producer of documentary films

Laura Poitras is an American director and producer of documentary films.

<span class="mw-page-title-main">Luke Harding</span> British journalist & writer (born 1968)

Luke Daniel Harding is a British journalist who is a foreign correspondent for The Guardian. He is known for his coverage of Russia under Vladimir Putin, WikiLeaks and Edward Snowden.

WikiLeaks, a whistleblowing website founded by Julian Assange, has received praise as well as criticism from the public, hacktivists, journalist organisations and government officials. The organisation has revealed human rights abuses and was the target of an alleged "cyber war". Allegations have been made that Wikileaks worked with or was exploited by the Russian government and acted in a partisan manner during the 2016 U.S. presidential election.

<i>We Steal Secrets: The Story of WikiLeaks</i> 2013 American film

We Steal Secrets: The Story of WikiLeaks is a 2013 American independent documentary film about the organization established by Julian Assange, and people involved in the collection and distribution of secret information and media by whistleblowers. Directed by Alex Gibney, it covers a period of several decades, and includes background material. Gibney received his fifth nomination for Best Documentary Screenplay from the Writers Guild of America Awards for this film.

<span class="mw-page-title-main">Edward Snowden</span> American whistleblower and former NSA contractor (born 1983)

Edward Joseph Snowden, born June 21, 1983) is an American former NSA intelligence contractor and whistleblower who leaked classified documents revealing the existence of global surveillance programs. He became a naturalized Russian citizen in 2022.

<span class="mw-page-title-main">Sarah Harrison (journalist)</span> WikiLeaks journalist

Sarah Harrison is a British former WikiLeaks section editor. She worked with the WikiLeaks' legal defence and has been described as Julian Assange's closest adviser. Harrison accompanied National Security Agency whistleblower Edward Snowden on a high-profile flight from Hong Kong to Moscow while he was sought by the United States government.

<span class="mw-page-title-main">2010s global surveillance disclosures</span> Disclosures of NSA and related global espionage

During the 2010s, international media reports revealed new operational details about the Anglophone cryptographic agencies' global surveillance of both foreign and domestic nationals. The reports mostly relate to top secret documents leaked by ex-NSA contractor Edward Snowden. The documents consist of intelligence files relating to the U.S. and other Five Eyes countries. In June 2013, the first of Snowden's documents were published, with further selected documents released to various news outlets through the year.

<span class="mw-page-title-main">Reactions to global surveillance disclosures</span>

The global surveillance disclosure released to media by Edward Snowden has caused tension in the bilateral relations of the United States with several of its allies and economic partners as well as in its relationship with the European Union. In August 2013, U.S. President Barack Obama announced the creation of "a review group on intelligence and communications technologies" that would brief and later report to him. In December, the task force issued 46 recommendations that, if adopted, would subject the National Security Agency (NSA) to additional scrutiny by the courts, Congress, and the president, and would strip the NSA of the authority to infiltrate American computer systems using "backdoors" in hardware or software. Geoffrey R. Stone, a White House panel member, said there was no evidence that the bulk collection of phone data had stopped any terror attacks.

Commentary on Edward Snowden's disclosure is part of the reactions to global surveillance disclosures made by Edward Snowden.

<span class="mw-page-title-main">Timeline of global surveillance disclosures (2013–present)</span>

This timeline of global surveillance disclosures from 2013 to the present day is a chronological list of the global surveillance disclosures that began in 2013. The disclosures have been largely instigated by revelations from the former American National Security Agency contractor Edward Snowden.

<i>The Snowden Files</i> Book published in 2014

The Snowden Files: The Inside Story of the World's Most Wanted Man is a 2014 book by Luke Harding, published by Vintage Books.

Ben Wizner is an American lawyer, writer, and civil liberties advocate with the American Civil Liberties Union. Since July 2013, he has been the lead attorney of NSA whistleblower Edward Snowden.

<span class="mw-page-title-main">David Miranda (politician)</span> Brazilian politician (1985–2023)

David Michael dos Santos Miranda was a Brazilian politician. He was a Federal Congressman representing the state of Rio de Janeiro, serving from 2019 until 2023, and was affiliated with the Democratic Labour Party (PDT), after switching parties from the Socialism and Liberty Party (PSOL) in 2022. Prior to that, he was a City Councilman representing the city of Rio de Janeiro. Miranda also played a key role in Edward Snowden's global surveillance leaks.

<span class="mw-page-title-main">Indictment and arrest of Julian Assange</span>

In 2012, while on bail, Julian Assange was granted political asylum in the Ecuadorian Embassy in London, where he sought to avoid extradition to Sweden, and what his supporters said was the possibility of subsequent extradition to the US. On 11 April 2019, Ecuador revoked his asylum, he was arrested for failing to appear in court, and carried out of the embassy by members of the London Metropolitan Police. Following his arrest, he was charged and convicted, on 1 May 2019, of violating the Bail Act, and sentenced to fifty weeks in prison. While in prison the US revealed a previously sealed 2018 US indictment in which Assange was charged with conspiracy to commit computer intrusion related to his involvement with Chelsea Manning and WikiLeaks.

References

  1. ↑ "Legal Definition of WHISTLEBLOWER". www.merriam-webster.com. Retrieved 2019-04-23.
  2. ↑ Bill Kovach: "It strikes me as a much more aggressive approach on the part of the government than I have experienced in 30 years." Leonard Downie described the administration as the "most militant" since Richard Nixon's, regarding leaks. Richard McGregor (28 May 2013). "Press freedom: A heavy-handed approach". Financial Times . Retrieved 29 May 2013.
  3. ↑ Greenwald: Obama engaged in ‘unprecedented war on whistleblowers’," The Washington Post
  4. ↑ "The War on Whistleblowers: On the Sin of Being Correct", The Nation
  5. ↑ "Obama's War on Whistleblowers" Mother Jones.
  6. ↑ Obama Administration Has Declared War On Whistleblowers, Describes Leaks As 'Aiding The Enemy' | Techdirt
  7. ↑ Obama campaign brags about its whistleblower persecutions | Glenn Greenwald | Comment is free | theguardian.com
  8. ↑ Edward Snowden is eighth person Obama has pursued under Espionage Act
  9. ↑ Obama's War on Whistleblowers | Mother Jones
  10. ↑ Myre, Greg (2017-06-28). "Once Reserved For Spies, Espionage Act Now Used Against Suspected Leakers". www.npr.org. Retrieved 2021-03-05.
  11. 1 2 Shorrock, Tim (2013-03-26). "Obama's Crackdown on Whistleblowers". ISSN   0027-8378 . Retrieved 2019-04-19.
  12. ↑ Scott Shane (April 15, 2010). "Former N.S.A. Official Is Charged in Leaks Case". New York Times. Retrieved 2010-04-17.
  13. ↑ Maria Glod (May 25, 2010). "Former FBI employee sentenced for leaking classified papers". Washington Post. Retrieved June 5, 2013.
  14. ↑ Norris, Mark. "Bad Leaker or Good Whistleblower? A test". Scholarly Commons.
  15. ↑ "Bradley Manning's personal statement to court martial: full text". www.theguardian.com. 2013-03-01. Retrieved 2021-03-05.
  16. ↑ "Five Years On, the WikiLeaks 'Collateral Murder' Video Matters More than Ever". Common Dreams. Retrieved 2019-04-19.
  17. ↑ "Leaker Chelsea Manning stuck in jail after Assange arrest". news.yahoo.com. Retrieved 2019-04-19.
  18. ↑ Pete Yost (AP) (November 7, 2012). "Linguist charged under Espionage Act". Boston.com. Retrieved July 21, 2013.
  19. ↑ Finn, Peter; Horwitz, Sari (June 21, 2013). "U.S. charges Snowden with espionage". Washington Post. Retrieved June 21, 2013.
  20. ↑ Greenwald: Obama engaged in ‘unprecedented war on whistleblowers’
  21. ↑ "Biggest rises and falls in the 2014 World Press Freedom Index". RSF.org. Archived from the original on February 14, 2014. Retrieved 19 February 2014.
  22. ↑ Thomkins, Mike. "Press less free in 2013, says Reporters without Borders; incidents of assault, threats increasing". Imaging Resource. Retrieved 19 February 2014.
  23. ↑ "Reporters without Borders: 'Security interests threaten press freedom'". Deutsche Welle. Retrieved 19 February 2014.
  24. 1 2 3 Footage released of Guardian editors destroying Snowden hard drives | UK news | theguardian.com
  25. ↑ Borger, Julian (20 August 2013). "NSA files: why the Guardian in London destroyed hard drives of leaked files". The Guardian. Retrieved 15 June 2018.
  26. ↑ Harding, Luke (31 January 2014). "Footage released of Guardian editors destroying Snowden hard drives". The Guardian. Retrieved 15 June 2018.
  27. ↑ Charlie Savage, (August 16, 2013) Britain Detains the Partner of a Reporter Tied to Leaks The New York Times
  28. ↑ Savage, Charlie; Michael Schwirtz (2013-08-18). "Britain Detains Partner of Reporter Tied to Leaks". The New York Times . Retrieved 2013-08-18.
  29. ↑ "US given 'heads up' on David Miranda detention". BBC News Online. August 19, 2013.
  30. ↑ Alice Ritchie (19 February 2014), British court upholds Snowden-linked detention AFP
  31. ↑ Greenwald, Glenn (19 August 2013). "Glenn Greenwald: detaining my partner was a failed attempt at intimidation". The Guardian. London.
  32. ↑ David Miranda lawyers argue that Heathrow detention was unlawful, The Guardian, Wednesday 6 November 2013
  33. ↑ Romero, Simon. "Snowden Offers Help to Brazil in Spy Case", New York Times, 17 December 2013.
  34. ↑ "Brazilian Government Denies Asylum to Snowden in Exchange for Information". www1.folha.uol.com.br. Folha de S.Paulo. 17 December 2013. Retrieved 18 December 2013.
  35. ↑ Library, C. N. N. "Julian Assange Fast Facts". CNN. Retrieved 2019-04-19.
  36. ↑ "Julian Assange Arrested, Faces U.S. Charges Related To 2010 WikiLeaks Releases". NPR.org. Retrieved 2019-04-30.
  37. ↑ James Clapper Suggests Journalists Could Be Edward Snowden's 'Accomplices'
  38. ↑ Rep. Peter King: Greenwald and ‘His Accomplice’ Snowden Trying to ‘Make the NSA the Enemy’ | Mediaite
  39. ↑ Edward Snowden spy leaks: Liam Fox in push for Guardian newspaper to be prosecuted - Telegraph
  40. ↑ It's outrageous to accuse the Guardian of aiding terrorism by publishing Snowden's revelations | Ben Emmerson | Comment is free | The Guardian
  41. ↑ The NSA's next move: silencing university professors? | Jay Rosen | Comment is free | theguardian.com
  42. ↑ Crypto prof asked to remove NSA-related blog post | Ars Technica
  43. ↑ Anderson, Nate (2013-09-09). "Crypto prof asked to remove NSA-related blog post". Ars Technica. Retrieved 2019-04-08.
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