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Edward Snowden News Whistleblowing

Privacy and whistleblower groups mark one year of NSA revelations

To mark the one-year anniversary of NSA revelations, several privacy and whistleblower groups have taken a look back at what we’ve learned since Edward Snowden blew the whistle on mass surveillance.

ACLU

The American Civil Liberties Union created a video, entitled, ‘The NSA knew our secrets. One year later, we know theirs.’

The ACLU also published a letter from Edward Snowden, remarking on what’s happened thus far and encouraging further action:

In the long, dark shadow cast by the security state, a free society cannot thrive.

That’s why one year ago I brought evidence of these irresponsible activities to the public — to spark the very discussion the U.S. government didn’t want the American people to have. With every revelation, more and more light coursed through a National Security Agency that had grown too comfortable operating in the dark and without public consent. Soon incredible things began occurring that would have been unimaginable years ago. A federal judge in open court called an NSA mass surveillance program likely unconstitutional and “almost Orwellian.” Congress and President Obama have called for an end to the dragnet collection of the intimate details of our lives. Today legislation to begin rolling back the surveillance state is moving in Congress after more than a decade of impasse.

Finally, the ACLU has a timeline of the revelations thus far.

EFF

The Electronic Frontier Foundation’s Katitza Rodriguez recounted what we’ve learned about various NSA surveillance programs, and concludes:

…now that a year has passed it’s clear that we need to update both our global technical infrastructure and local laws, consistent with long-standing international human rights standards, in order to regain any reasonable degree of privacy. Specifically, we must end mass surveillance. Politicians in every country need to stand up to the NSA’s incursions on their territory; the United States needs to reform its laws to recognize the privacy rights of innocent foreigners, and the international community needs to set clear standards which makes any state conducting mass surveillance a pariah.

GAP

The Government Accountability Project’s Dylan Blaylock, in a piece titled, ‘On One-Year Anniversary of Snowden Disclosures, IC Contractors Lack Whistleblower Protections,’ writes:

One of the great lessons of the Snowden disclosures has been that members of Congress have not been adequately overseeing these programs. Contractors on intelligence operations must have real protection for legitimate whistleblower disclosures made to Congress, congressional staff with appropriate security clearance, or government watchdogs. Further, it is not adequate only to protect disclosures made to the intelligence committees. Such a monopoly in information needed to conduct congressional oversight does not exist in any other context in the federal government.

There cannot be any doubt about the consequences from congressional action, or inaction, on whistleblower rights. Without authentic legal protections for making disclosures to Congress and government watchdogs, enforcement of the Constitution and privacy rights will remain an honor system for agencies that have been secretly abusing their power. To identify government abuse, Congress must extend best practice whistleblower protections to IC contractor workers.

 

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Edward Snowden News Whistleblowing

Video: Daniel Ellsberg defends Edward Snowden from John Kerry

Just before the one-year anniversary of the NSA revelations, Pentagon Papers-whistleblower and Courage Advisory Board member Daniel Ellsberg defended Courage beneficiary Edward Snowden on MSNBC from Defense Secretary John Kerry’s claim that he’s “cowardly” for not returning to the United States. Ellsberg explains why Snowden wouldn’t get a fair trial.

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Journalism Legislation News Whistleblowing

US ‘Free Flow of Information Act’ targets whistleblowers and independent journalists

In September 2013 the US Senate Judiciary Committee voted to set the limits of ‘journalism’, clearly defining whistleblowers as illegitimate sources and freelance or independent journalists as not ‘proper’ journalists.

The Free Flow of Information Act (FFIA)  purports to “maintain the free flow of information to the public”, but in practice it represents a move towards state-sanctioned journalism. The bill is now awaiting a full Senate vote.

journalismFFIA includes what has been termed the “WikiLeaks clause”, whereby those “whose principal function… is to publish primary source documents that have been disclosed to such person or entity without authorization” are exempt from their definition of ‘journalist’, and thus from protection under the law. As such, Chuck Schumer D-NY, a sponsor of the bill, admitted that the bill’s purported protections are “probably not enough” to cover Glenn Greenwald, the journalist who first reported the Snowden documents.

Carey Shenkman, a specialist in First Amendment law, argues that FFIA in fact “sets the stage to punish whomever the government decides are ‘illegitimate’ journalists”.

Tricia Todd writes in the Huffington Post that FFIA “specifically targets those who publish in what some members of Congress would deem questionable outlets, such as watchdog groups or independent blogs”. She points out that FFIA ”would not necessarily cover an independent journalist like Alexa O’Brien, who almost single-handedly ensured in-depth investigative reporting on the Chelsea Manning trial. Ironically, major news outlets that couldn’t bother to send a reporter to court frequently cited much of O’Brien’s ’blogging’.”

In an article for Truthdig, Shenkman describes FFIA as “part of a broader campaign to try to box out organisations that have the courage to give a voice to whistleblowers”. This is despite the fact that whistleblowers have been behind some of the most important journalism in recent years, exposing war crimes, human rights abuses and transnational mass surveillance.

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Courage News News Whistleblowing

Courage supports whistleblowers

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News Whistleblowing

US government issues new silencing policy for leaks

The Obama administration is attempting to silence government employees, past and present, from publicly discussing information released by whistleblowers.

A pre-publication review policy dated 8 April 2014 from the Office of the Director of National Intelligence (ODNI) details the agency’s strategy – that “ODNI personnel must not use sourcing that comes from known leaks or unauthorised disclosures of sensitive information.”

Office of the Director of National Intelligence Instruction 80.04 - April 8 2014
Office of the Director of National Intelligence Instruction 80.04 – 8 April 2014

This means that ODNI’s current and former officials are now not only banned from citing whistleblowers’ disclosures, but from citing any journalism or writings based on unauthorised disclosures.

This policy follows a recent ODNI ban on officials at 17 agencies from discussing any “intelligence-related information” with journalists, whether that information is unclassified or not – unless authorised by the public affairs official or head of their department.

The directives constitute a restraint on the free speech of employees past and present, and demonstrates an aggressive denial of freedom of press and freedom of information – both internally and externally of US intelligence agencies.

Related articles:

Intelligence Policy Bans Citation of Leaked Material, by Charlie Savage, 8 May 2014, New York Times

Intelligence Chief Issues Limits on Press Contacts, by Charlie Savage, 21 April 2014, New York Times