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Courage News News

Courage supports #StopTradeSecrets

The European Parliament is currently considering a law that has the potential to inhibit European whistleblowers and the publications they work with. The proposed European Trade Secrets directive aims to prevent industrial espionage by enforcing protections for “trade secrets” across the Union.

Unfortunately, this proposed law has major ramifications for whistleblowers: companies would be able to restrict access to information they consider to be their trade secrets, exposing those who ‘misappropriate’ that information to civil or criminal penalties. It risks putting all potential truthtellers in the position of those whistleblowers in the banking industry who, like Rudolf Elmer, have been prosecuted relentlessly under national secrecy laws – as well as risking the newspapers that publish them too.

A Europe-wide campaign to #stoptradesecrets is being launched today with an open letter signed by journalists, activists and trade unionists from across the continent. Courage’s Director Sarah Harrison and WikiLeaks Editor-in-Chief Julian Assange, who is a trustee of Courage, are among the first signatories of this letter, which has been published in Le Monde in France, Taz in Germany, El Pais in Spain and Ta Nea in Greece today.

tanea

Courage Director Sarah Harrison has also given an interview to Taz, explaining why the Directive is so problematic.

You can read the English and French versions of the open letter. The campaign website, which is also launched today, is here: http://stoptradesecrets.eu/

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News

Obama reportedly criminalises “support” for “cyber-enabled activities”

US President Barack Obama has issued an executive order authorising the Treasury Secretary to enact sanctions against those whom it deems to have “have materially assisted, sponsored, or provided financial, material, or technological support for” cyber-related crimes.

Reuters reports that even US lawmakers consider the order “surprisingly broad”, and investigative journalists are concerned about its wide-ranging scope.

The order criminalizes anyone who is “responsible for or complicit in, or [who has] engaged in, the receipt or use for commercial or competitive advantage or private financial gain, or by a commercial entity, outside the United States of trade secrets misappropriated through cyber-enabled means.”

Former DOJ lawyer Mark Rasch told Reuters, “Even denial-of-service attacks that knock websites offline with meaningless traffic, which can be orchestrated over the Internet for a few hundred dollars, could officially qualify for sanctions.” The PayPal 14 were imprisoned and fined heavily for denial-of-service attacks on PayPal in response to its freezing of WikiLeaks’ bank account, and President Obama has called Edward Snowden a “hacker”, so reporters and supporters wonder if this new order will affect donations to organizations like WikiLeaks and the Courage Foundation.

Investigative journalist Marcy Wheeler said that this order “could be used to target journalism abroad. Does WikiLeaks’ publication of secret Trans-Pacific Partnership negotiations qualify? Does Guardian’s publication of contractors’ involvement in NSA hacking?”

Wheeler’s post notes many elements of the order that appear “ripe for abuse.” Questioning just how broadly the ‘material support’ interpretation goes, she said, “Does that include encryption providers? Does it include other privacy protections?”

In response to the possibility that donations to Edward Snowden’s defence fund could be criminalised, Reddit users criticized the order and sparked a surge in bitcoin donations to Edward Snowden’s defence fund. Courage has received over 200 transactions already this month, including a single donation of 8.49 bitcoin (over 2000 dollars).

Reddit AMA

Members of the Courage team, including trustee Julian Assange, acting director Sarah Harrison, and advisory board members Renata Avila, who is an internet rights lawyer, and Andy Muller-Maguhn, on the board of the Wau Holland Foundation, which collects donations for Snowden and Hammond on Courage’s behalf, will be participating in a Reddit AMA on Monday, 7pm EST / 11pm GMT. They’ll discuss Courage, ready to answer anything, including questions on the increase in BTC since the Executive Order.

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Courage News Events News

Sarah Harrison and Grace North at the 31st Chaos Communication Congress

The 31st Chaos Communication Congress was in Hamburg, Germany, 27-30 December. On 28 December, Courage Acting Director Sarah Harrison and FreeJeremy.net manager Grace North gave a talk entitled Doing Right by Sources, Done Right, in which they discussed the “ethics, operational security and public protections of sources,” in addition to the need for expanding our understanding of the term “whistleblower.”

In addition to Courage’s work hosting the defence funds for Edward Snowden and Jeremy Hammond, Harrison spoke about our upcoming projects. These include providing detailed advice for journalists to operate securely, to protect their sources from first contact to post-publication aftercare. Another project is Courage’s forthcoming Network of specialised lawyers who will be prepared to provide future sources at risk with legal advice and logistical assistance, be that funding, physical extraction, or negotiating asylum.

Harrison, who is WikiLeaks’ investigations editor, also revealed a US search warrant to Google demanding all emails and metadata from a member of WikiLeaks, which Google complied with.

CCCscreencap

Visit the CCC’s YouTube channel for more videos from the Congress, and here for more information about other events.

Categories
Edward Snowden News

Press release: Top musicians, actors and Nobel laureates show support for Edward Snowden, publishers and whistleblowers

  • Russell Brand, M.I.A., Tom Morello and More Involved in Effort
  • Vivienne Westwood, Viggo Mortensen, Others Promote Courage Foundation’s Whistleblower Defense Efforts

An international coalition of more than fifty actors, musicians and intellectuals have announced their support for Edward Snowden, WikiLeaks, whistleblowers and publishers. Some are also encouraging donations to the Courage Foundation —which runs the official legal defense fund for Edward Snowden and other whistleblowers, as well as fights for whistleblower protections worldwide – with tweets and social media posts.

“The courage that Edward Snowden and other whistleblowers and truthtellers have shown and continue to show is truly extraordinary and necessary in helping the public have access to their historical record through media,” said Sarah Harrison, WikiLeaks Investigations Editor and Director of the Courage Foundation. WikiLeaks and Harrison ensured Edward Snowden’s safe exit from Hong Kong and secured his asylum. “We cannot thank these cultural icons enough for showing their support.”

The announcement coincides with the expanded theatrical release of Laura Poitras’ critically acclaimed documentary CitizenFour — providing a first-hand account of Edward Snowden’s disclosure of the NSA’s mass surveillance program.

“As Albert Camus once put it, governments, by definition, do not have consciences; they have policies and nothing more. Therefore, it is up to all of us as free-thinking citizens to demand truly transparent democracy and high, unbiased moral standards from those who govern us,” said Viggo Mortensen. “I hope everyone can chip in to support Snowden and those patriotic whistleblowers that come after him.”

Signed by Susan Sarandon, Russell Brand, Peter Sarsgaard, M.I.A., Thurston Moore, David Berman, Vivienne Westwood, Alfonso Cuaròn and several other artists and intellectuals, the statement praises the work of whistleblowers such as Snowden, highlighting the need to support these individuals as they face social and legal persecution for their revelations to the public.

The statement reads:

We stand in support of those fearless whistleblowers and publishers who risk their lives and careers to stand up for truth and justice. Thanks to the courage of sources like Daniel Ellsberg, Chelsea Manning, Jeremy Hammond, and Edward Snowden, the public can finally see for themselves the war crimes, corruption, mass surveillance, and abuses of power of the U.S. government and other governments around the world. WikiLeaks is essential for its fearless dedication in defending these sources and publishing their truths. These bold and courageous acts spark accountability, can transform governments, and ultimately make the world a better place.

In addition to urging the public to stand in solidarity with Snowden and other whistleblowers, many of the artists are calling on fans to watch CitizenFour, and are raising awareness of the Courage Foundation’s whistleblower defense efforts, which fundraises for the legal and public defense of whistleblowers and campaigns for the protection of truthtellers and the public’s right to know generally.

Said Grammy Award-winning guitarist, Tom Morello:

Those courageous enough to expose the crimes of government and unmask corruption embody the spirit of democracy and justice. Rather than being celebrated as the truth-tellers and champions of accountability that they are, they are persecuted and find themselves the target of a draconian legal system that punishes them for the act of exposing crimes.

Said Vivienne Westwood:

I didn’t ask Edward Snowden to stick his neck out for me. But now that he did I ask myself where would we be without him? The more that the public watches CitizenFour, which documents Edward Snowden’s bravery in revealing the NSA’s massive web of surveillance of the American people, opposition to the government’s assault on civil liberties will grow. I hope that audiences will turn their outrage into action and donate to the Courage Foundation’s Legal Defense Fund to provide legal representation to Snowden and other whistleblowers to counter the government’s unprecedented attack against these brave men and women.

FULL LIST OF SIGNATORIES:

Udi Aloni
Pamela Anderson
Anthony Arnove
Etienne Balibar
Alexander Bard
John Perry Barlow
Radovan Baros
David Berman
Russell Brand
Victoria Brittain
Susan Buck-Morss
Eduardo L. Cadava
Calle 13
Alex Callinicos
Robbie Charter
Noam Chomsky
Scott Cleverdon
Ben Cohen
Sadie Coles
Alfonso Cuaròn
John Deathridge
Costas Douzinas
Roddy Doyle
Bella Freud
Leopold Froehlich
Terry Gilliam
Charlie Glass
Boris Groys
Michael Hardt
P J Harvey
Wang Hui
Fredric Jameson
Brewster Kahle
Hanif Kureishi
Engin Kurtay
Alex Taek-Gwang Lee
Nadir Lahiji
Kathy Lette
Ken Loach
Maria Dolores Galán López
Sarah Lucas
Mairead Maguire
Tobias Menzies
M.I.A.
W. J. T. Mitchell
Moby
Thurston Moore
Tom Morello
Viggo Mortensen
Jean-Luc Nancy
Bob Nastanovich
Antonio Negri
Brett Netson
Rebecca O’Brien
Joshua Oppenheimer
John Pilger
Alexander Roesler
Avital Ronell
Pier Aldo Rovatti
Susan Sarandon
Peter Sarsgaard
Assumpta Serna
Vaughan Smith
Ahdaf Soueif
Oliver Stone
Cenk Uygur
Yanis Varoufakis
Peter Weibel
Vivienne Westwood
Tracy Worcester
Slavoj Zizek

___

For more information, or for interview with the Courage Foundation, please contact Yasmina Dardari at yasmina@fitzgibbonmedia.com

 

Categories
Edward Snowden News

Citizenfour’s Escape to Freedom in Russia

By Ray McGovern, Courage Foundation Advisory Board

In early September in Russia, National Security Agency whistleblower Edward Snowden told me about a documentary entitled Citizenfour, named after the alias he used when he asked filmmaker Laura Poitras to help him warn Americans about how deeply the NSA had carved away their freedoms.

When we spoke, Snowden seemed more accustomed to his current reality, i.e., still being alive albeit far from home, than he did in October 2013 when I met with him along with fellow whistleblowers Tom Drake, Coleen Rowley and Jesselyn Radack, as we presented him with the Sam Adams Award for Integrity in Intelligence.

A year ago, the four of us spent a long, relaxing evening with Snowden – and sensed his lingering wonderment at the irony-suffused skein of events that landed him in Russia, out of reach from the U.S. government’s long arm of “justice.”

Six days before we gave Snowden the award, former NSA and CIA director Michael Hayden and House Intelligence Committee chair Mike Rogers had openly expressed their view that Snowden deserved to be on the “list,” meaning the “capture or kill” list that could have made Snowden the target of a drone strike. When I asked him if he were aware of that recent indignity, he nodded yes – with a winsome wince of incredulity.

This September, there was no drone of Damocles hanging over the relaxed lunch that the two of us shared. There were, rather, happier things to discuss. For example, I asked if he were aware that one of his co-workers in Hawaii had volunteered to Andy Greenberg of Forbes Magazine that Snowden was admired by his peers as a man of principle, as well as a highly gifted geek.

The co-worker told Greenberg: “NSA is full of smart people, but Ed … was in a class of his own. … I’ve never seen anything like it. … He was given virtually unlimited access to NSA data [because] he could do things nobody else could.”

Equally important, the former colleague pointed out that Snowden kept on his desk a copy of the U. S. Constitution to cite when arguing with co-workers against NSA activities that he thought might be in violation of America’s founding document. Greenberg’s source conceded that he or she had slowly come to understand that Snowden was trying to do the right thing and that this was very much in character, adding, “I won’t call him a hero, but he’s sure as hell no traitor.”

Snowden spoke of his former co-workers with respect and affection, noting that most of them had family responsibilities, mortgages, etc. – burdens he lacked. He told me he was very aware that these realities would make it immeasurably more difficult for them to blow the whistle on NSA’s counter-Constitutional activities, even if they were to decide they should. “But somebody had to do it,” said Snowden in a decidedly non-heroic tone, “So I guess that would be me.”

Following the intelligence world’s axiom of “need-to-know,” Snowden had been careful to protect his family and Lindsay Mills, his girlfriend, by telling no one of his plans. I found myself thinking long and hard at how difficult that must have been – to simply get out of Dodge without a word to those you love.

Perhaps he felt Mills would eventually understand when he explained why it was absolutely necessary in order to achieve his mission and have some chance of staying alive and out of prison. But, not having discussed with her his plans, how could he be sure of that?

And so, learning recently of the interim “happy-ending” arrival of Mills in Russia was like a shot in the arm for me. I thought to myself, it is possible to do the right thing, survive and not end up having to live the life of a hermit. Equally important, that reality is now out there for the world to see. What an encouragement to future whistleblowers – and to current ones, as well, for that matter.

Snowden was delighted when I told him that Bill Binney, the long-time and highly respected former NSA technical director, had just accepted the Sam Adams Award, which will be presented in 2015. It was Snowden’s own revelations that finally freed up Binney and other courageous NSA alumni to let the American public know what they had been trying, through official channels, to tell the overly timid representatives in Washington.

Seeing Citizenfour

Snowden was happy to tell me about the documentary, Citizenfour, explaining that during his sessions in Hong Kong with Laura Poitras, Glenn Greenwald, and The Guardian’s Ewen MacAskill, Poitras seemed to have the camera always rolling during the eight days they shared in Hong Kong – including during the grand escape from the hotel. With a broad smile, Snowden said, “Ray, when people see my makeshift disguise, well, it is going to be really hard to argue that this thing was pre-planned!”

All I have seen so far is the trailer, but I have tickets for a showing Friday night when Citizenfour opens in Washington and other cities. With Snowden, I figured I could wait to witness the grand escape until I saw the film itself, so I avoided asking him for additional detail. Like: ”Don’t spoil it for me, Ed.”

I was encouraged to read, in one of the movie reviews, that the documentary does allude to the key role played by Julian Assange and WikiLeaks in enabling Snowden’s escape. I had long since concluded that WikiLeaks’s role – and that of Sarah Harrison, in particular, was the sine qua non for success. I hope Citizenfour gives this key part of the story the prominence it deserves.

I feel it is an equal honor to spend time with Julian Assange in the Ecuadorian embassy whenever I’m in London. In early September, Assange was a welcoming host and we had a long chat over dinner while I was en route to Russia via London and Berlin. (I had been invited to present at the U.S.-Russia Forum in Moscow later last month and stayed there an extra day in order to visit with Snowden.)

I had been unaware of Citizenfour before visiting Assange. The film came up spontaneously when I volunteered to him that the safe extrication of Snowden from Hong Kong sits atop my gratitude list of the many things he has accomplished. That drew a very broad smile and some words about the world’s most powerful country and intelligence service, “and we still got him out!”

Assange shared how important it was not only to rescue Snowden himself but, in so doing, to provide for potential whistleblowers some real-life proof that it is possible to do the right thing and avoid spending decades in prison where WikiLeaks’ most famous source Chelsea Manning now sits. This was among the main reasons why WikiLeaks cashed in so many chips in its successful effort to bring Snowden to safety. It was surely not because Assange expected Snowden to share reportable information with WikiLeaks. He gave none.

Assange was in good spirits and hoping for some break in the Kafkaesque situation in which he has found himself for several years now (receiving asylum in Ecuador’s Embassy to avoid arrest in Great Britain and extradition to Sweden for questioning regarding alleged sexual offenses).

A Stop in Berlin

I also planned to spend a few days in Berlin to coincide with the NATO summit in Wales (Sept. 4-5). On Aug. 30, the Veteran Intelligence Professionals for Sanity sent a Memorandum to German Chancellor Angela Merkel, warning her about the dubious “intelligence” adduced to blame Russia for the troubles in Ukraine. Our memo had some resonance in German and other European media, but I was saddened to find the media in the UK and Germany as co-opted and Putin-bashing as the U.S. media.

It was 25 years after the fall of the Berlin Wall. What I said in my various talks and interviews on NATO’s reneging on its promise to Soviet leader Mikhail Gorbachev not to move NATO one inch eastward, once Germany was reunited, seemed to come as a major revelation to most listeners.

“Really?” was the predominant reaction when I explained that 25 years ago there was a unique, realistic chance for a Europe “whole and free” (in words then used by President George H. W. Bush and Gorbachev) from Portugal to the Urals. Instead, even after the collapse of the Soviet Union in 1991, Russia was excluded. NATO crept steadily east toward Russia’s border.

And last February, the U.S. and EU orchestrated a coup d’état in Kiev to foster Ukraine’s “European aspirations” to cast its lot with the West and dislodge itself from Russia’s sphere of influence. [See Consortiumnews.com’s “The Whys Behind the Ukraine Crisis.”]

The squandering of a historic chance for lasting peace in Europe remains atop the list of severe disappointments encountered during my professional life. The fact that, to this day, so few seem aware of what happened, and who was – and is – to blame, is also a major frustration.

In Berlin, consolation and affirmation came in renewing friendships there and getting to know others – many of them expatriates. First and foremost among the latter is Sarah Harrison, the main figure in executing WikiLeaks’s plan to get Snowden out of Hong Kong and onward to Latin American via Moscow, where his planned journey has so far stalled.

Because the U.S. Justice Department charged Snowden with espionage and the U.S. State Department revoked his passport, his stay in Moscow ended up being quite a long one. But Harrison stayed on for as long as seemed necessary to accompany and support Snowden, as well as to be able to testify to the fact that the Russians were not using anything like “enhanced interrogation techniques” on him.

I had last seen Harrison in Moscow at the Sam Adams Award presentation to Snowden; it was great to have a chance to chat with her over a long lunch.

Flying home from Moscow, having had lunch there with Edward Snowden, lunch in Berlin with Sarah Harrison, and dinner with Julian Assange in that little piece of Ecuadorian territory in London, what came first to mind was Polonius’s advice to Laertes: “Those friends thou hast, and their adoption tried, grapple them to thy soul with hoops of steel.”

But then, above the din of the jet engines, came a more familiar and more insistent voice. It was that of Jane Fahey, my Irish grandmother, who for some reason seemed 33,000 feet closer than usual: “Show me your company, and I’ll tell you who you are!” she would say, often – very often. I think my grandmother would be as pleased with my “company” as I am – and as grateful.

This piece first appeared at ConsortiumNews.com.

Categories
News

German precedent upholds online civil disobedience

Boing Boing has published an excerpt from Molly Sauter’s new book, The Coming Swarm, on Distributed Denial of Service attacks and the way the U.S. government has used the Computer Fraud and Abuse Act to portray the attacks as much more dangerous than merely virtual sit-ins. Sauter details the wide disparity in sentences between CFAA or online fraud convictions and physical sit-in trespassing misdemeanors.

As Sauter writes, the German case of Andreas-Thomas Vogel provides a model for how to recognise the political nature of these acts of civil disobedience online. She explains the case:

Andreas-Thomas Vogel … ran the libertad.de website during the 2001 Deportation Class action against Lufthansa Airlines. Vogel had posted a call to action on libertad.de and was arrested on charges on coercion. Initially in 2005, a lower court in Frankfurt found Vogel guilty of using force against Lufthansa, based predominantly on the economic losses the airline had suffered during the campaign, both in terms of lost sales and the costs of acquiring additional bandwidth to soak the protesters’ traffic. Vogel was sentenced to either pay a fine or serve 90 days in jail.

This is essentially the logic that U.S. courts have adopted, though under the CFAA, the penalties are much more severe. The PayPal 14, activists who allegedly launched DDoS attacks against PayPal and other online banking companies in response to those companies freezing WikiLeaks’ assets and incoming donations, were charged under the CFAA, which carries a 10-year prison sentence.

Pierre Omidyar, eBay founder who sat on PayPal’s board at the time of the financial blockade on WikiLeaks, muddied the logical waters further, writing,

If we want to make parallels between real-world protests and online protests, that means that one thousand people can have the effect of six million people demonstrating in front of your office. That seems like an excessive impact in the hands of each person. It’s like each protester can bring along 6,000 phantom friends without going to the trouble of convincing each of them to take an afternoon off and join the protest in the street.

But if financial institutions are allowed to block funds to a legitimate news organisation simply because the U.S. government doesn’t like them, and that action takes place online, protests against those institutions will take place online if they’re to have any impact.

German courts recognised this in the Vogel case, and their reasoning is exemplary:

a higher court overturned the verdict, finding, “. . . the online demonstration did not constitute a show of force but was intended to influence public opinion.” [1] Libertad responded to the ruling with a statement: “Although it is virtual in nature, the Internet is still a real public space. Wherever dirty deals go down, protests also have to be possible.”

As Sauter writes,

The Vogel case was the first international precedent to recognize the legal and philosophical arguments put forth by supporters of DDoS activist actions. The court decision pivots on the point that these actions were oriented to influence the public, and through that avenue, influence the actions of the Lufthansa corporation, rather than badgering the airline into conceding to a set of demands. Specifically, the judge ruled that the protest was not an action of force intended to compel an action from Lufthansa; the action’s intention was to impact public opinion first.

Sauter says, “There has been no such precedent-setting case thus far in the US courts.” In fact, U.S. courts have reversed the German reasoning: not only is this not protected speech, it’s something the U.S. wants to stamp down on harder than it would if it were a physical sit-in, to set an example. The government has sided with Omidyar’s argument, giving corporations the gift of the CFAA to punish virtual activists, having a far greater impact than those activists could ever hope for. “When used to prosecute activist DDoS actions,” Sauter writes, “the CFAA directly gives the targets of protest the ability to extort payments from activists for their dissent and disruption. When coupled with the innovative reality of online activism, the CFAA literally renders the internet a space where you can be charged hundreds of thousands of dollars for participating in a collective protest.”

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Courage News Jeremy Hammond News

Press release: Jeremy Hammond announced as second Courage beneficiary

  • Imprisoned hacktivist media source Jeremy Hammond becomes Courage’s second beneficiary, in addition to Edward Snowden
  • Tax deductible donations to Jeremy’s defence fund can now be made throughout the EU, via the Wau Holland Foundation
  • Jeremy Hammond’s official support site will be relaunched at freejeremy.net, with the current support team still fully involved

Courage, the international organisation dedicated to the protection of truthtellers, has announced that its new beneficiary will be Jeremy Hammond.

Jeremy was sentenced to ten years in prison for being the alleged media source for documents from the private US intelligence firm Strategic Forecasting, Inc. (Stratfor), which included revelations that they had been spying on human rights defenders, for example Bhopal activists and members of PETA, at the behest of corporations and governments.  WikiLeaks published these documents in partnership with 29 media organisations worldwide as the Global Intelligence Files, which are still being used for news stories around the world. Despite hundreds of pleas, including a letter submitted by WikiLeaks from itself and its media partners – “newspapers, TV networks, and magazines with a combined audience of 500 million” – asking for leniency for Jeremy, the maximum possible sentence was given.

thegifiles

Jeremy Hammond, a political dissident and former member of the hacktivist network Anonymous, was sentenced to a decade in prison after he refused to inform on others and defended his actions in service of the truth and the  public’s right to know. The judge in his case refused to recuse herself despite a glaring conflict of interest: her husband was a former Stratfor client and had his information revealed in the Global Intelligence Files.

Since March 2012, Jeremy has been cut off from his friends and family, and punished with extensive stays in solitary confinement. By hosting his defence fund, Courage will raise donations to enable Jeremy’s defence team to continue advocating on his behalf, monitoring his condition and fighting for his rights while in prison.

Sarah Harrison, Acting Director of Courage and WikiLeaks Investigations Editor, said:

Courage supports and defends truthtellers who take risks and need our help, wherever they are. We traditionally think of whistleblowers as insiders disclosing their employers’ abuses, but those on the outside who work to make public the secret wrongdoing of the powerful are just as vital in the effort to hold them accountable. Thanks to Jeremy, we now know the inner workings of the private intelligence sector which runs much of US intelligence activities including more than 80% of the NSA’s operations. Jeremy has found himself at the sharp end of the US government’s crackdown on the media so it’s important that he knows he has our support.

Grace North, who has been coordinating support efforts for Jeremy Hammond since June 2013, said:

This is an exciting new partnership for those of us who have worked so tirelessly to support Jeremy through this journey. Jeremy believes that one of the most important things a person can do to combat the injustices of the world is to educate themselves and others. Joining with the Courage Foundation is the next step in getting information and education to as wide an audience as possible. The more people we can reach with Jeremy’s message, and with the information Jeremy so bravely sacrificed his freedom to disclose, the more people we can have fighting on the front lines for not only Jeremy’s freedom, but the freedom of humanity.

In addition to hosting the defence fund, Courage will publicly advocate for Jeremy Hammond and build his network of support. A relaunched website at freejeremy.net will keep the public updated on Jeremy’s case, raising awareness about the importance of his revelations and publishing Jeremy’s writing from prison.

Donations to Jeremy’s defence fund can be made at freejeremy.net/donate.
Tax-free donations can be made throughout the EU via the Wau Holland Foundation at http://www.wauland.de/en/projects/07.html#JH

Courage originally began in August 2013 as The Journalistic Source Protection Defence Fund and has run Edward Snowden’s official defence fund since that time. Jeremy Hammond is Courage’s next beneficiary; his official support site is located at https://www.freejeremy.net and the related twitter account at @FreeJeremyNet

—-

For the Courage launch of Jeremy Hammond becoming a beneficiary, the following people are available for interviews and comment by emailing courage.press@couragefound.org:

Sarah Harrison, Courage’s Acting Director
Renata Avila, Courage Advisory Board Member and human rights lawyer
Kevin Zeese, Courage Advisory Board Member and cofounder of popularresistance.org
Bernd Fix, of the Wau Holland Foundation who now collect EU wide tax deductible donations for Jeremy Hammond
Margaret Ratner Kuntsler, Attorney for Jeremy Hammond
Grace North, Support network coordinator for Jeremy Hammond

Categories
Edward Snowden News

Yochai Benkler argues for Edward Snowden’s immunity

In the Atlantic, Harvard Law Professor Yochai Benkler contends that reforming the National Security Agency requires immunity for public-accountability leakers like Edward Snowden. Benkler, who testified to WikiLeaks’ journalistic value at whistleblower Chelsea Manning’s trial, recently published his proposal for a legal defence that such whistleblowers could use in court, arguing that they should be able to show that their disclosures are in the public interest and necessary for democratic progress.

In his new piece, Benkler observes how the Pentagon Papers, COINTELPRO and Watergate leaks of the 1970s “helped cement the role of unauthorized public disclosure as a systemic check on the predictable cycles of error in the national-security system.” While those erstwhile leakers are now championed for exposing wrongdoing, whistleblowers of the the new millennium have been subject to prosecutions, retaliations and prison sentences.

America’s post-9/11 security state ballooned and ensured its worst policies were kept secret, precluding any accountability, save for conscientious disclosures to the press. “Without the men and women of conscience who have come out over the past 12 years and disclosed aspects of the abuses, the system would have kept on grinding,” Benkler writes.

Echoing his preface to his public-accountability defence proposal, Benkler explains,

All large systems suffer from these kinds of failures as they age, as new conditions challenge old practices, and as the rationale for processes once cherished is lost in the humdrum of bureaucratic routine… Whistleblowing is a central pillar of the way American law deals with these dynamics of error, incompetence, and malfeasance in large organizations.

However, in the national security realm, whistleblowing is not acknowledged and applauded but rather pathologised, condemned, and criminalised. Benkler says, “Only piercing the echo chamber can lead to meaningful reform in such cases, so it’s here, where the risks of error and distortion are greatest, that unauthorized disclosure is most important. We saw it with the Pentagon Papers in 1970, and we saw it again with Snowden.”

In conclusion, Benkler explains how immunity for Snowden would pave the way toward a culture of accountability that welcomes whistleblowing as necessary, inevitable, and vital.

Retroactive immunity would build constitutional culture rather than a permanent legal solution. Our (fuzzy) memories of the 1970s teach us, collectively, that unauthorized national-security leakers who expose substantial wrongdoing were heroes, and that respect, not a prison term, was their due. That is the lesson that immunity for Snowden would reinforce. It will not make leaking a low-risk activity, nor will it erase the dread of repercussions like Manning’s 35-year prison sentence. But immunity will be a strong statement to insiders that if the system has gone badly enough off track, and if public disclosure can lead to genuine benefits, then a conscientious individual can do the right thing. Even if the leak is illegal, the public will support bona fide whistleblowers who expose significant abuses, and the whistleblowers will not be forced to spend their lives in prison or exile while those whose misdeeds they exposed profit on the speaking circuit.

Read Benkler’s full article here.

Categories
Legislation News Whistleblowing

Yochai Benkler outlines public accountability defence for whistleblowers

Harvard Law Professor Yochai Benkler has published ‘A Public Accountability Defence for National Security Leakers and Whistleblowers,’ highlighting the value that leaks of national security information bring to American democracy and emphasizing the need for a legally permissible defence for those who bring this information to light. He outlines such a defence for what he calls “accountability leaks”, acknowledging that current law defines the term “whistleblower” too narrowly. If Benkler’s proposed defence were practiced today, Chelsea Manning might have avoided such a harsh prison term, and Edward Snowden might feel safe to return home.

Benkler has previously explained how WikiLeaks, as a legitimate journalistic outlet, helped other media outlets perform a vital check on government in ‘A Free Irresponsible Press: WikiLeaks and the Battle for the Soul of the Networked Fourth Estate.’ He expanded on that article while testifying at Chelsea Manning’s trial.

In his new piece, Benkler argues that rather than technological change, a legitimacy crisis has spurred the last decade’s spate of national security leaks documenting systemic abuse:

The post-9/11 War on Terror and its attendant torture, rendition, indefinite detention, civilian collateral damage, and illegal domestic spying created a crisis of conscience for some insiders in the national security establishment. A consideration of the actual cases of
the past decade suggests that it is this loss of legitimacy of decisions that likely underlies the increase in these kinds of systemic leaks.

Although “[c]riminal liability for leaking and publishing classified materials is usually discussed in terms of a conflict between high-level values: security and democracy”, Benkler proposes “that the high-level abstraction obscures the fact that “national security” is, first and foremost, a system of organizations and institutions, subject to all the imperfections and failures of all other organizations.” Therefore, “it would be naïve beyond credulity to believe that the CIA, NSA, FBI, and Pentagon are immune to the failure dynamics that pervade every other large organization.”

Benkler explains how secrecy precludes accountability, rendering whistleblowing essentially inevitable — and necessary to keep massive organizations in check.

Secrecy insulates self-reinforcing internal organizational dynamics from external correction. … Some leaks, however, provide a critical mechanism for piercing the national security system’s echo-chamber, countering self-reinforcing information cascades, groupthink, and cognitive biases that necessarily pervade any closed communications system. It is this type of leak, which exposes and challenges core systemic behaviors, that has increased in this past decade, as it did in the early 1970s. These leaks are primarily driven by conscience, and demand accountability for systemic error, incompetence, or malfeasance. Their critical checking function derives from the fact that conscience is uncorrelated with well-behaved organizational processes. Like an electric fuse, accountability leaks, as we might call them, blow when the internal dynamics of the system reach the breaking point of an individual with knowledge, but without authority. They are therefore hard to predict, and function like surprise inspections that keep a system honest. By doing so, these leaks serve both democracy and security.

Rather than embrace these disclosures as vital and valuable, the government has cracked down harder than ever before on leakers and, to some extent, journalists who publish secret information. Benkler encourages countering this crackdown with a defence that whistleblowers could use in court:

To address this threat, I propose that Congress adopt a new Public Accountability defence as a general criminal defence, on the model of the necessity defence. The defence would be available to individuals who violate a law on the reasonable belief that by doing so they will expose to public scrutiny substantial violations of law or substantial systemic error, incompetence, or malfeasance even where it falls short of formal illegality. It is most important to the leakers themselves, but would also be available to journalists and others who participate in disseminating the leaked information.

He details what this defence would require:

(a) reasonable belief that exposure discloses a substantial violation of law or substantial systemic error, incompetence, or malfeasance,
(b)mitigation to avoid causing imminent, articulable, substantial harm that outweighs the benefit of disclosure, and
(c) communication to a channel likely to result in actual exposure to the public

Perhaps recognizing how the Espionage Act has been interpreted in the US to allow potential for harm to monopolize courtroom debate to the exclusion of discussion of the documents’ value, Benkler notes: “The significance of the disclosed violations is the most important factor, and could dominate the outcome even where other elements, in particular harm mitigation, are weaker.”

Benkler realises that such a defence is just one part of a range of necessary support measures: “full whistleblower protection would require more robust protections to avoid “punishment by process,” most importantly a private right of action against abusive prosecutors and an attenuation of the prosecutors’ qualified immunity.”

In the full article, Benkler explains in more detail how valuable national security leaks are, using bulk data collection since 11 September 2001 as an example. He further details his proposed whistleblower defence, and, finally, recounts 22 instances of leak prosecutions since World War II.

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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.