Global surveillance and journalism

Global surveillance and journalism is a subject considering journalism in light of the Global surveillance disclosures of 2013. Since 2013 there has been many leaks within different department of the Government in light of NSA spying on U.S citizen and foreign enemies alike. Journalism has been attacked for publishing the leaks and is also viewed in the same light as the whistleblower they work with, U.S government has come down and made arrests. The freedom to press is on its last hinges due to this.

Whistleblower is an employee who brings wrongdoing by an employer or a government or law enforcement agency and who is commonly vested by statute with rights and remedies for retaliation.[1]

US "war against whistleblowers"

The Obama administration has been characterized as much more aggressive than the Bush and other previous administrations in their 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 bragged 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 the previously rarely used leak-related provisions of the Espionage Act of 1917.

Four NSA Whistleblowers

The best case is the four whistleblowers from the National Security Agency and their names were Thomas Drake, William Binney, J. Kirk Wiebe and Edward Loomis. They had criticized the project called Trailblazer, exposing the NSA for its Multibillion-dollar contact that went awry. It was cancelled in 2006 but it was supposed to bring in an era to surveillance in the digital age it was called SIGINT. The lost money in the projects failure still remains unknown to the public but kept a state secret. This goes all the way back to 2002 when another in-house program was denied by the agency director Gen. Michael Haydenhow devoted it just three weeks before 9/11. So in 2002 the three whistleblowers went to the pentagon to advise them to do an investigation on the NSA.

Binney had claimed the United States is in a police state, that concedes with other regimes such as the KGB, the Stasi, Gestapo, and the SS. But the U.S has more power than them because of the technology they have acquired. He describes the U.S state now as the Weimar Republicwas the prior liberal democracy before the Nazi regime. Back in 2011 the Pentagon's Office of Inspector General(OIG) declassified documents that are the only response for the claims that come from the four whistleblowers. The documents go further into the fault of the NSA for wasting resources on the failed attempt at Trailblazer.[10]

Stephen Jin-Woo Kim, a State Department contractor who allegedly had a conversation about North Korea with James Rosen of Fox News Channel,[11] and Jeffrey Sterling, who allegedly was a source for James Risen's book State of War. Risen has also been subpoenaed to reveal his sources, another rare action by the government. Also, Shamai Leibowitz, a contract linguist for the Federal Bureau of Investigation (FBI) was convicted of leaking information from embassy wiretaps,[12] Such as John Kiriakou, he is serving thirty-month term due to making public that an intelligence ops is using torture. This is where most whistleblowers find themselves viewing awful crimes but while they exposing what is going on they get punished serval, as the ones who have committed the original act goes untouched.[10]

Chelsea Manning Vs United States

Background

Chelsea Manning was a United States Army soldier who in 2013 was convicted of illegally downloading military reports that were unclassified and sensitive military documents. The documents were from both wars the U.S was involved in, Iraq and Afghanistan. Where she had acquired the documents, was on the military base in Baghdad.[13]

With the documents that were leaked Manning wanted to put censorship on the sources that would in danger troops or national security such as Nuclear information. She didn't want to in danger any troops by giving away there movements and patterns during the war but instead she wanted to expose the missteps and misguided policies that pledged the war.

She had provided Wikileaks with the evidence of the Collateral Murder where the U.S army had killed 12 unarmed citizens with an Apache attack helicopter. They were attacked in a Baghdad suburb. Among the killed two of the victims were Reuters staff. Manning stated that the act was "Bloodlust", and example of the U.S military acting irresponsible in the Iraq War. As seen on the footage one aerial weapons team eggs on a wounded Iraqi to put up a gun so that they could have probable reason to keep firing.[14]

On August 21, 2013 was sentenced to thirty-five years for providing the sensitive documents to WikiLeaks. She only served seven of those years due to be commuted by the out going president Barack Obama. While in prison Manning tried taking her life twice due to the struggles over her gender, trying to fight to get a gender reassignment.[15]

March 8, 2019 Arrest

During a court case that was for investigating Julien Assange ties to Manning herself back prior in 2010. She was ordered to testify in front of a grand jury but since it was a secret panel she refused to testify. So on March 8 was ordered to be put back to jail in Alexandria, VA. She will be locked in there until she testifies or the jury is wound up. She still remains behind bars even till today.[16]

Other Notable Whistleblowers

James Hitselberger, a former contract linguist for the US Navy in Bahrain is charged with possessing classified documents.[17] 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.[18][19]

Reporters Without Borders' 2014 Press Freedom Index[20] saw a drop of 13 ranks for the United States due to their "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.[21] 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 backwards when it comes to democracy."[22]

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 video
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.[23] 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".[23]

On July 20, the destruction of computer hard-drives was carried out by several Guardian staff members under the observation of experts from GCHQ.[23][24]

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".[25]

Arrest of David Miranda

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.[26][27][28] A February 2014 court decision upheld the detention as appropriate.[29]

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".[30] 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".[31]

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.[32] Brazil responded by saying that it was not interested in investigating the NSA.[33]

Julien Assange and WikiLeaks

In 2006 Wikileaks was created by Julien 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 the birth Wikileaks has released classified documents regarding the war effort in the middle east, document regarding the detainees in Guantanamo Bay, and releasing the emails from Democratic National Committee staffers.[34]

U.S Crackdown on Assange

On April 11, 2019 Assange was arrested after being taken from the Ecuadorian embassy. The U.S in the Justice Department believes that with the position at Wikileaks during the 2016 elections he had a key role in the Russian attack on the 2016 elections. During the same election had had released DNC staff flies as well, many believe that he released them because the next day was democratic election. Soon after a DNC staffer named Seth Rich was murder and was to 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 of classified documents.[35]

Journalists as accomplice?

Director Clapper has referred to Snowden's "accomplices",[36] while Rep. Peter King explicitly accused Greenwald of having Snowden as an "accomplice".[37] UK Conservative politician Liam Fox has contacted the UK Director of Public Prosecutions to consider whether journalists at The Guardian "breached counter-terrorism laws".[38][39]

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.[40][41] Following this, the NSA logo was removed and the material was published in many different news outlets so the Interim Dean Andrew Douglas will have the post restored.[42]

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 describes 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. Shorrock, Tim (2013-03-26). "Obama's Crackdown on Whistleblowers". ISSN 0027-8378. Retrieved 2019-04-19.
  11. Scott Shane (April 15, 2010). "Former N.S.A. Official Is Charged in Leaks Case". New York Times. Retrieved 2010-04-17.
  12. Maria Glod (May 25, 2010). "Former FBI employee sentenced for leaking classified papers". Washington Post. Retrieved June 5, 2013.
  13. Norris, Mark. "Bad Leaker or Good Whistleblower? A test". Scholarly Commons.
  14. "Five Years On, the WikiLeaks 'Collateral Murder' Video Matters More than Ever". Common Dreams. Retrieved 2019-04-19.
  15. "Leaker Chelsea Manning stuck in jail after Assange arrest". news.yahoo.com. Retrieved 2019-04-19.
  16. Coster, John. "In wake of arrest, Chelsea Manning is a patriot". Daily Hampshire Gazette.
  17. Pete Yost (AP) (November 7, 2012). "Linguist charged under Espionage Act". Boston.com. Retrieved July 21, 2013.
  18. Finn, Peter; Horwitz, Sari (June 21, 2013). "U.S. charges Snowden with espionage". Washington Post. Retrieved June 21, 2013.
  19. Greenwald: Obama engaged in ‘unprecedented war on whistleblowers’
  20. "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.
  21. Thomkins, Mike. "Press less free in 2013, says Reporters without Borders; incidents of assault, threats increasing". Imaging Resource. Retrieved 19 February 2014.
  22. "Reporters without Borders: 'Security interests threaten press freedom'". Deutsche Welle. Retrieved 19 February 2014.
  23. Footage released of Guardian editors destroying Snowden hard drives | UK news | theguardian.com
  24. Borger, Julian (20 August 2013). "NSA files: why the Guardian in London destroyed hard drives of leaked files". The Guardian. Retrieved 15 June 2018.
  25. Harding, Luke (31 January 2014). "Footage released of Guardian editors destroying Snowden hard drives". The Guardian. Retrieved 15 June 2018.
  26. Charlie Savage, (August 16, 2013) Britain Detains the Partner of a Reporter Tied to Leaks The New York Times
  27. Savage, Charlie; Michael Schwirtz (2013-08-18). "Britain Detains Partner of Reporter Tied to Leaks". The New York Times. The New York Times Company. Retrieved 2013-08-18.
  28. "US given 'heads up' on David Miranda detention". BBC News Online. August 19, 2013.
  29. Alice Ritchie (19 February 2014), British court upholds Snowden-linked detention AFP
  30. Greenwald, Glenn (19 August 2013). "Glenn Greenwald: detaining my partner was a failed attempt at intimidation". The Guardian. London.
  31. David Miranda lawyers argue that Heathrow detention was unlawful, The Guardian, Wednesday 6 November 2013
  32. Romero, Simon. "Snowden Offers Help to Brazil in Spy Case", New York Times, 17 December 2013.
  33. "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.
  34. Library, C. N. N. "Julian Assange Fast Facts". CNN. Retrieved 2019-04-19.
  35. "Julian Assange Arrested, Faces U.S. Charges Related To 2010 WikiLeaks Releases". NPR.org. Retrieved 2019-04-30.
  36. James Clapper Suggests Journalists Could Be Edward Snowden's 'Accomplices'
  37. Rep. Peter King: Greenwald and ‘His Accomplice’ Snowden Trying to ‘Make the NSA the Enemy’ | Mediaite
  38. Edward Snowden spy leaks: Liam Fox in push for Guardian newspaper to be prosecuted - Telegraph
  39. It's outrageous to accuse the Guardian of aiding terrorism by publishing Snowden's revelations | Ben Emmerson | Comment is free | The Guardian
  40. The NSA's next move: silencing university professors? | Jay Rosen | Comment is free | theguardian.com
  41. Crypto prof asked to remove NSA-related blog post | Ars Technica
  42. Anderson, Nate (2013-09-09). "Crypto prof asked to remove NSA-related blog post". Ars Technica. Retrieved 2019-04-08.
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