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Journalism Legislation News Whistleblowing

German government plans source prosecution as Greens push new whistleblower protection law

Reports about an impending prosecution shows that Germany is pulling in opposite directions on whistleblower protection. On Friday, Der Spiegel suggested that the federal government is planning to prosecute an unknown whistleblower for revealing  official secrets that were reported in that publication and the Süddeutsche Zeitung.

The news of this investigation comes as Germany’s official inquiry into surveillance, launched in the wake of Edward Snowden’s revelations, becomes increasingly mired in protracted arguments over the disclosure of information that implicates Germany’s spy agencies as much as it does the NSA. Despite attempts to restrict the documentation and witnesses available to the inquiry, it has so far revealed loopholes Germany’s signals intelligence agency, the BND, uses to circumvent the prohibition on German nationals and new details about controversial joint operations with the NSA.

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The German government has reacted poorly to these disclosures, to the point of warning of possible prosecution should further information reach the media.

Improving Germany’s whistleblower laws

Given that Germany is one of the countries that has shown the strongest support for Edward Snowden – a recent survey shows that the NSA whistleblower has better public recognition there than the US – the country’s own whistleblower protections are surprisingly poor. A 2011 judgment from the European Court of Human Rights has yet to be reflected in domestic law and, as a result, Germany’s truthtellers have to wait for employment tribunals to rule in their favour, by which point employer retaliation is already a fait accompli.

Last month, Germany’s Green representatives, led by Hans-Christian Stroebele, proposed new legislation to improve the situation. On his website, Stoebele explains that the bill is intended to “significantly improve whistleblowers’ protection from employer retaliation or dismissal and to improve legal certainty.”

This isn’t the first time the German Greens have tried to introduce a law like this, but this latest attempt is notable because it has the potential to do more than bring Germany into the mainstream of legal protections for whistleblowers. Provisions in the bill promise to erase the artificial divide that leads to national security whistleblowers facing severe retribution without the protections other public employees enjoy. Stroebele has been clear that the Bill specifically covers cases where a secret service employee “discloses confidential information to uncover a serious grievance, such as massive violations of fundamental rights.”

Protecting alleged sources before charge

Alleged sources who are under investigation and unable to come forward publicly find themselves in a particularly invidious position and in real need of support. Courage runs the only fund designed to guard alleged truthtellers who are obliged to remain anonymous.

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News Whistleblowing

Germany’s whistleblower protection among the worst in the G20, says new report

A new report on the state of whistleblower protection in some of the world’s richest countries has found that Germany ranks alongside Argentina, Brazil, India, Indonesia, Italy, Mexico, Russia, Saudi Arabia and Turkey as one of the countries that does the least to ensure that whistleblowers can speak out without fear of retribution.

The report, which was co-authored by researchers from Australian NGO Blueprint for Free Speech, Transparency International Australia, Griffith University and Melbourne University, compares G20 countries’ legal frameworks with the commitments they signed up to in the G20’s 2013-14 Anti-Corruption Action Plan, where they agreed:

to ensure that those reporting on corruption, including journalists, can exercise their function without fear of any harassment or threat or of private or government legal action for reporting in good faith

The report sets out 14 separate criteria based on the G20 agreement, other international agreements on whistleblower protection and best practice documents drawn up by intergovernmental organisations and NGOs.

What the report found

The report found that, while there had been real improvement over the past decade, serious shortcomings remained in the legal systems of most G20 countries – and those shortcomings affected most of the areas potential whistleblowers would be concerned about. Provisions for whistleblowers to remain anonymous when using internal channels to express their concerns were identified as a particular weakness across the G20, as were the rules around disclosure to third parties – including, where appropriate, the media.

The provision of independent bodies and mechanisms to deal with whistleblower complaints and to report on how legal protections were being used were also seen as poor across the countries surveyed. In addition, the authors note that where regulations exist, they tend to apply to the public sector only – governments have been much less active in ensuring that private sector whistleblowers can speak out in confidence.

Legal regimes, of course, only tell part of the story. As the report’s authors point out, the formal presence of adequate whistleblower protection laws does not in itself tell you whether they are implemented consistently, or whether “cultural or other norms [in a particular country] indirectly assist in practical protection of whistleblowers.”

As we’ve noted previously, legal frameworks are a particularly poor guide to what might happen in difficult cases, especially those where disclosures have a national security dimension. Some G20 countries, like the UK and Canada, explicitly exclude military and intelligence personnel from their ‘whistleblower’ definition and all the protections in law that derive from that (the report calls this “a glaring gap”). Others, like the United States, have a legislative framework that is well rated – and in theory extends to its intelligence agencies – but in practice apply very different rules, and extreme anti-whistleblower measures, when classified information is involved.

Why did Germany score so badly?

Germany’s poor score in the report might come as a surprise to some, given the country’s renowned worker representation laws and positive reaction to Edward Snowden’s revelations. But in July 2011, the European Court of Human Rights ruled that Germany’s protection of its own whistleblowers was inadequate.

Brigitte Heinisch und das Urteil des EGMR
The case was brought by Brigitte Heinisch, a nurse who brought the systematic mistreatment of elderly patients to the attention of the healthcare company she worked for. When appeals to management proved ineffective, Heinisch brought legal action against her employers and wrote a leaflet to explain what was happening in the case. The European Court ruled that the public interest in Heinisch’s disclosures outweighed her employers’ right to protect their business reputation and that her summary dismissal had been “disproportionately severe.” She was later awarded compensation by a German court.

In fact, the German legal code only offers limited protection for public officials who are reporting suspicions of corruption – and this came only after a change of the law in 2009. Germany’s employment courts offer limited redress to those who report wrongdoing in good faith, but there remains a strong bias against anonymous reporting and public disclosure. None of the legislative proposals made since the 2011 judgment have attracted the support necessary to secure a change in the law.

Read the full report here

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News Whistleblowing

Why the world needs more whistleblowers

This article was first published here by the EFF, with whom we’re collaborating for their week of action around the Necessary and Appropriate Principles

by Sana Saleem, Courage Foundation Advisory Board

During the Stockholm Internet Forum this year, a State Department representative was quick to flaunt reforms put in place by the US Government to ‘counter US mass surveillance programmes.’ However, he was unwilling to respond when faced with the simple question “If you are willing to reform laws and mend things, why not honor the man who triggered it, why not bring Edward Snowden home?”

Too often, whistleblowers aren’t valued for the reforms they instigate. Even as government worldwide are considering new ways to limit mass surveillance, there is scant discussion about the need to honor and protect whisteblowers.

The world needs more whistleblowers because those in positions of power are often expert at hiding corruption from the public. People with integrity and a desire for truth and justice within the political system are often our best hope for bringing light to this corruption.

But as much of the world’s press extensively reports on Wikileaks and the Snowden revelations, we must not dismiss the trepidation that comes with reporting the truth and exposing misuse of power. This trepidation will not dissipate unless there is a collective effort to protect and defend whistleblowers, and reform laws that allow for prosecuting them.

There’s also the pressing need to keep using the information provided by whistleblowers to push for necessary reforms and protections. Today is Day 4 of the Electronic Frontier Foundation (EFF) ‘Necessary and Proportionate’ week of action. The EFF is calling on governments to ensure surveillance law reform is guided by key principles. Today we focus on principle 4: the ‘Integrity of Communications and Systems, Safeguards Against Illegitimate Access, Protection on Whistleblowers, and Right to An Effective Remedy’.

What is meant by the ‘Integrity of Communications and Systems’ in practice? The NSA, or any other government for that matter, should not be able to compel service providers or hardware or software vendors to build surveillance or backdoors into their systems. These companies also should not collect or retain particular information purely for state surveillance purposes.

We now have confirmation that governments are going above and beyond compelling companies to build backdoors into their services. In an article posted on the Intercept this week journalist, documentary maker and Intercept co-founder Laura Poitras documents how the NSA is tapping into Germany’s largest telecommunications providers by accessing the passwords of the system administrators. This revelation was greeted with both shock and deep anger by the telco engineers. Governments need to go beyond merely not forcing companies to comply with backdoor requests, they must put an immediate stop to the accessing whole systems covertly. This point addresses the second element of principle 4, when state authorities illegitimately access personal data.

There is no possibility of protecting against this when it’s happening behind the backs of service providers and hardware and software vendors. This leaves the onus on governments, who, in democratic societies, are accountable to their citizens. The third part of this is an onus on government to protect their whistleblowers. The Obama administration, in what the Nieman Reports has labeled the “Big Chill”, is operating amid unprecedented secrecy—while attacking journalists trying to tell the public what they need to know

Former New York Times executive editor Jill Abramson:

Several reporters who have covered national security in Washington for decades tell me that the environment has never been tougher or information harder to dislodge,

Abramson said

One Times reporter told me the environment in Washington has never been more hostile to reporting.

Protection of whistleblowers is critically important for the protection of a just society. But it’s not just whistleblowers under attack: it is also increasingly difficult to advocate for whistleblowers given the government and the media’s treatment of those who seek to protect whistleblowers.

The Courage Foundation was set up to provide legal and policy support for those who have made a decision to stand up to the abuse of power, risk their career and, in some cases, family life, so that our liberties are protected. It is for this reason that the need to provide stronger protections for whistleblowers, in such a difficult climate, is incredibly important.

Finally, what happens when the state conducts illegal and warrantless surveillance against its citizens? Snowden’s revelations have revealed state intrusion into the lives of hundreds of millions of Americans and citizens around the world, without proof for suspicion. Does the legal system allow us to challenge such surveillance in court? If it does, what would happen to the US government if they were found guilty of illegally surveilling you or me? The Necessary and Proportionate principles argue for civil and criminal penalties imposed on any party responsible for illegal electronic surveillance and those affected by surveillance must have access to legal mechanisms necessary for effective redress.

Tomorrow is Friday, day 5, in which the EFF and its supporters around the world will call on governments to improve safeguards for International Cooperation and Extraterritorial Application of Human Rights Law. The Courage Foundation stands beside the EFF’s campaign and calls on all rights groups and activists seeking to preserve an Internet free from surveillance to support this campaign.

It was little over a year ago when Edward Snowden performed an act of remarkable conscience. Snowden’s actions have empowered a generation of us to stand up to abuses and to do the right thing, even when it’s not convenient. With the increasing power and resources of state surveillance programs, the world is in dire need of more whistleblowers to continue this fight.

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Courage News Edward Snowden News

Press release: Courage welcomes Russia’s continued protection of Edward Snowden

Courage, which runs Edward Snowden’s official defence fund and his associated asylum campaign, welcomes today’s announcement that Russia will continue its protection of Edward Snowden.

Courage’s Acting Director Sarah Harrison, who facilitated Edward Snowden’s exit from Hong Kong and spent four months in Russia, including 40 days in Moscow’s Sheremetyevo airport, securing his initial asylum said:

I’m relieved to hear that Edward Snowden will continue to be protected, keeping him safe from American prosecution. Courage congratulates the Russian people and the dedicated international team of lawyers, campaigners and supporters who have made this happen. Although the US government has lost this round, let us not forget the stakes – last year whistleblower Chelsea Manning was sentenced to 35 years in a US military prison and the Grand Jury against both WikiLeaks and Edward Snowden continues. By hosting Edward Snowden’s defence fund and keeping the public aware of his case, Courage has helped keep Edward Snowden safe for the past year, but his fund will need continued public support to ensure he stays protected for years to come.

Courage originally began in August 2013 as The Journalistic Source Protection Defence Fund and has run Edward Snowden’s defence fund since that time. Courage’s official Edward Snowden support site is located at http://edwardsnowden.com and the related twitter account at @CourageSnowden.

Last month Edward Snowden applied for an extension to his one year temporary asylum that ended on July 31st 2014. Courage has been campaigning for that application to be accepted; hand delivering letters calling for his protection and asylum application not to be blocked to the UK, US and German governments, writing to the Russian embassy in Washington, DC last week asking for his application to be accepted and launching an ad campaign that has been seen by over a million users of Russian social network Vkontakte.

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Edward Snowden News

Press Release: Courage letters being delivered to governments call for the safe protection of Edward Snowden

  • Parliamentarians to hand letters to US, German and UK governments asking for Edward Snowden’s protection
  • Letter addressed to President Putin asks Russia to re-grant Edward Snowden asylum
  • Amnesty joins the call for Edward Snowden to be able to seek asylum in a country of his choice

This week, letters will be handed to the governments of the UK, US and Germany calling on them to protect NSA whistleblower Edward Snowden and allow him the right to asylum. Edward Snowden’s legal status is once again that of an asylum-seeker with temporary leave to remain in Russia, pending the result of an asylum application made this month, after his initial one year of temporary asylum ended.

Courage – the organisation that has been running Snowden’s official defence fund for the past year – sets out in the letters significant revelations from Edward Snowden, the persecution he faces and the reasons he should be protected. The letters are being handed out by elected representatives (Senator Ron Wyden in the US, Hans Christian Ströbele MP in Germany and Caroline Lucas MP in the UK) that they were hand-delivered to on Friday.

As Mr Snowden is currently without assured asylum, Courage’s letters encourage support for his safe protection and for his asylum application to be granted by Russia, without blockage from foreign governments. In addition, Courage has delivered a letter to the Russian embassy in Washington, DC, asking President Putin to grant Snowden’s renewed asylum application.

On Friday, Amnesty International called on governments around the world to “facilitate [Mr Snowden’s] travel and process any asylum application he should file”, a call reiterated by the representatives delivering Courage’s letters.

In the US, the letter being delivered calls on the US to drop “the Espionage Act charges against him and to formally acknowledge his invaluable contributions to Americans’ understanding of their government” as doing so “would both save Edward Snowden from persecution but also show future Snowdens that exposing wrongdoing is conscientious and appreciated.”

In Germany, where public reaction to the revelations has been one of the strongest worldwide, prompting a Parliamentary inquiry, the letter Member of Parliament Hans-Christian Ströbele will deliver asks the German government to not only support asylum for Snowden, but “to afford safe passage to speak to the ongoing Bundestag inquiry, and to encourage other countries to take similar measures.” Ströbele, a member of the Parliamentary Control Council that oversees Germany’s intelligence servces, said:

I hope this initiative will help us to bring Snowden to Germany as a witness in our committee but also, and this is more important, to give him in Germany a better, normal and free life.

In a press release, Ströbele said he would be passing on the letter to Germany’s federal government.

Caroline Lucas MP, who will deliver Courage’s letter in the UK, said on Friday at her constituency office in Brighton:

Edward Snowden has been criminalised for demonstrating the courage of his convictions.

I urge the Government to offer Mr Snowden the safe haven he deserves. To do otherwise is to perpetuate his unjustified persecution.

His leaks raised fundamental questions regarding the balance between security and privacy. I, and many others, believe we have that balance wrong. It is crucial we are able to hold our government to account – and that national security laws are not illegitimately used in order to undermine freedom of speech in the public interest.

Courage’s letter delivered to the Russian embassy in Washington, DC, asks President Putin to grant Edward Snowden permanent asylum status:

Looking favorably on Mr Snowden’s new application would show that the Russian government respects the right to asylum. It would send a strong signal about the need for decisive action to defend european privacy and associational rights from interference by other states. We ask that the Russian government do whatever is in its power to ensure that Edward Snowden remain safe in the face of real and significant threats.

Full text of the letters is available (US, UK, Germany [English translation], Russia).

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Edward Snowden News

Press Release: Americans, Brits and Germans want their governments to protect Edward Snowden

6:30pm GMT

  • As Edward Snowden’s year of temporary asylum in Russia expires, German, UK, US and Russian governments are asked to take action
  • US will be asked to drop its charges against Snowden
  • Supporters across 39 countries have joined the call from Snowden’s defence fund, Courage, for Snowden’s asylum and protection
  • Germany, UK and US supporters lead Courage’s ‘Stand With Snowden’ campaign, calling for Snowden’s continued protection

Today, on the final day of Edward Snowden’s year of temporary asylum in Russia, members of Courage, the organisation that has run his official defence fund for the past year, write to those governments where support for Snowden has been greatest. Since June this year, Courage has been running a campaign asking members of the public to submit photos showing they “Stand With Snowden.” As his asylum ends, Courage asks the governments of countries where the support was greatest to “ask them to respond to this call.”

Today it was announced that Edward Snowden has applied for permanent political asylum in Russia, a year after he was awarded temporary asylum by the Russian Federation after one month stranded in Moscow’s Sheremetyevo airport, following a decision by the US State Department to announce the cancellation of his passport. As his temporary asylum expires today, he is formally an asylum-seeker once again. It is therefore paramount at this critical time that governments around the world respond to their citizens’ wishes and help protect Edward Snowden. Courage will also be writing to President Putin to encourage Russia to renew Mr Snowden’s asylum.

Over the last year, Edward Snowden has been able to actively participate in the debate he began. Thanks to the protection Russia has afforded him, he has been able to lead a relatively normal life in that country. In the letters to be delivered tomorrow, Courage sets out for each government the impact and importance of Snowden’s revelations. Courage asks that governments around the world support his courageous action in showing how their citizens’ rights were being violated by the NSA and GCHQ, and to support his legal right to asylum to allow his continued participation in the debate on mass surveillance. Courage will also ask the United States to drop its charges against Snowden.

Tomorrow, 1st August, Courage will deliver letters calling for Edward Snowden’s protection to elected representatives in Germany, Britain, the US and to Russia. In the UK and Germany, Members of Parliament Hans-Christian Ströbele and Caroline Lucas will be accepting these letters. Letters will also be delivered to US Senator Ron Wyden and the Russian Government. Please follow @CourageFound and this page for updates on the deliveries.

Sarah Harrison, Acting Director of Courage said:

Whilst it is heartening to see so many members of the public standing up in support of Snowden, most governments around the world, with the exclusion of Russia a year ago, have done little to protect this legal asylum-seeker. As we reach the time of his asylum renewal, I hope that more governments will have the courage and conscience to do what their own citizens tell them is right. Snowden faces decades in prison in the US, due to Obama’s war on whistleblowers. Last year military whistleblower Chelsea Manning was sentenced to 35 years in prison. Earlier this week Amnesty called on President Obama to grant Manning’s immediate release. The United States’ political persecution of whistleblowers must stop. Governments around the world should not allow for another Manning: protect Snowden whilst he’s still free.

Although letters are being delivered tomorrow, Courage will keep its Stand With Snowden campaign page open to allow the public around the world to continue to show their support. So far, photos have been submitted from 39 countries around the world, with support mapped from as far afield as Brazil, India, China, Pakistan, Nigeria, Japan and Egypt. The diverse spread of photos demonstrates how Edward Snowden’s revelations resonate with people around the world.

cape town stands with

Courage originally began in August 2013 as The Journalistic Source Protection Defence Fund and has run Edward Snowden’s defence fund since that time. Courage’s official Edward Snowden support site is located at https://edwardsnowden.com and the related twitter account at @CourageSnowden.

In addition to running the official defence fund for Edward Snowden and preparing to do the same for others in the future who risk life or liberty to make significant contributions to the historical record, Courage advocates for the protection of journalists’ sources and the public’s right to receive their information as guaranteed in Article 19 of the Universal Declaration of Human Rights.

Read more about donating to Courage, its funding and its mission at https://staging.couragefound.org

 

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Edward Snowden News

Be prepared for a long distance run: Wolfgang Kaleck on the legal efforts to protect Snowden

Speaking at Courage’s launch event in Berlin last week, Edward Snowden’s lawyer in Germany, Wolfgang Kaleck explained the threats his client faces, the politicisation of his case and the ongoing legal work to protect him.

Courage runs Edward Snowden’s only official defence fund, donations to which support legal and public defence efforts for the NSA whistleblower.  Since the fund was launched in August 2013, it has spent over 100,000 dollars on
direct legal costs alone.

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Edward Snowden News

Germany exploits legal advice in attempt to avoid Snowden testimony