April 26, 2024

The Media Equation: War on Leaks Is Pitting Journalist vs. Journalist

That was Daniel Ellsberg in 1969, and for his efforts, which became the publication of the Pentagon Papers, he was investigated and indicted, but eventually he was hailed as a hero and enshrined in the journalistic canon.

Today that role has been taken up by Pfc. Bradley E. Manning (who now wants to be known as Chelsea) and Edward J. Snowden. Their chances of being widely declared heroes aren’t nearly as great: Private Manning was sentenced to 35 years in prison last week, and Mr. Snowden, who revealed documents showing the extent of surveillance by the National Security Agency, is still hiding in Russia beyond the reach of the United States government.

Perhaps they got what’s coming to them. They knew, or should have known, the risks of revealing information entrusted to them, and decided to proceed. Like almost all whistle-blowers, they are difficult people with complicated motives.

So, too, are the journalists who aid them. It’s not surprising that Julian Assange, the founder of WikiLeaks, who brokered the publishing of Private Manning’s documents, and Glenn Greenwald, the columnist for The Guardian who has led the Snowden revelations, have also come under intense criticism.

What is odd is that many pointing the finger are journalists. When Mr. Greenwald was on “Meet the Press” after the first round of N.S.A. articles, the host, David Gregory, seemingly switched the show to “Meet the Prosecutor.” He asked, “To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?”

Jeffrey Toobin, who works for both CNN and The New Yorker, called Mr. Snowden “a grandiose narcissist who belongs in prison.” This week, he called David Miranda, Mr. Greenwald’s partner who was detained by British authorities for nine hours under antiterror laws, the equivalent of a “drug mule.”

Mr. Assange has also come under withering criticism, including in the pages of The New York Times, which accused him, among other things, of not smelling very nice as we cooperated with WikiLeaks in publishing reams of articles in July 2010 based on the revelations from Private Manning.

This week, Michael Grunwald, a senior national correspondent at Time, wrote on Twitter: “I can’t wait to write a defense of the drone strike that takes out Julian Assange.” (He later apologized, perhaps reasoning that salivating over the killing of anyone was in poor taste.)

What have Mr. Assange and Mr. Greenwald done to inspire such rancor from other journalists? Because of the leaks and the stories they generated, we have learned that in the name of tracking terrorists, the N.S.A. has been logging phone calls and e-mails for years, recorded the metadata of correspondence between Americans, and in some instances, dived right into the content of e-mails. The WikiLeaks documents revealed that the United States turned a blind eye on the use of torture by our Iraqi allies, and that an airstrike was ordered to cover up the execution of civilians. WikiLeaks also published a video showing a United States Army helicopter opening fire on a group of civilians, including two Reuters journalists.

In the instance of the stories based on the purloined confidential documents in the Manning and Snowden leaks, we learned what our country has been doing in our name, whether it is in war zones or in digital realms.

Mr. Toobin agrees that an important debate has been joined, but says no story, no matter how big, justifies journalists’ abetting illegal acts, saying, “Journalists are not above the law.”

“The Jane Mayers, Sy Hershes and Walter Pincuses have all done superb work for decades without the rampant lawlessness that was behind these stories,” he said, adding later, “I’ve never heard any of those journalists endorsing the wholesale theft of thousands of classified government records.”

E-mail:carr@nytimes.com;

Twitter: @carr2n

Article source: http://www.nytimes.com/2013/08/26/business/media/war-on-leaks-is-pitting-journalist-vs-journalist.html?partner=rss&emc=rss

EU to Start Trade Talks With US Despite Scandal

The Commission, the EU’s executive branch that leads the negotiations on behalf of its 28 members, said the planned start of talks in Washington next Monday “should not be affected” by the surveillance scandal that has emerged in recent days.

However, it insisted that the trans-Atlantic atmosphere needed to clear up for the talks to be successful.

“For such a comprehensive and ambitious negotiation to succeed, there needs to be confidence, transparency and clarity among the negotiating partners,” it said in a statement.

The talks are likely to take at least a few years.

The first week of technical negotiations start in Washington on Monday but political outrage over the U.S. eavesdropping allegations had raised questions over whether they would go ahead.

On Sunday, an apparent leak from former U.S. intelligence systems analyst Edward Snowden in Germany’s Der Spiegel magazine allegedly showed that the National Security Agency bugged the EU’s diplomatic offices in Washington and infiltrated its computer network.

The magazine said the NSA took similar measures to listen in on the EU’s mission to the United Nations in New York, and also used its secure facilities at NATO headquarters in Brussels to dial into telephone maintenance systems that would have allowed it to intercept senior EU officials’ calls and Internet traffic.

French President Francois Hollande on Monday suggested that the scandal could derail the free-trade negotiations. He insisted that the U.S. clarify the situation and end any possible eavesdropping immediately. There could be no negotiations unless Washington provided such guarantees, he insisted.

France had been reluctant to start the talks as it insisted on keeping the movie and television business out of the negotiations to shield Europe’s audiovisual industry from Hollywood.

Yet EU Trade Commissioner Karel De Gucht said hinging the start of talks on such political issues as the eavesdropping scandal would amount to the EU shooting itself in the foot. The EU, he said, was entering talks out of self-interest, not to be subservient to the United States.

Any far-reaching EU-US trade deal could provide a big boost to growth and jobs by eliminating tariffs and other barriers that have long plagued economic relations — a free trade pact would create a market with common standards and regulations across countries that together account for nearly half the global economy.

A recent EU-commissioned study showed that a trade pact could boost the EU’s output by 119 billion euro ($159 billion) a year and the U.S. economy’s by 95 billion euros ($127 billion).

Another estimate showed eliminating tariffs alone would add $180 billion to U.S. and EU gross domestic product in five years’ time while boosting exports on both sides by about 17 percent. That could add about 0.5 percent annually to the EU’s GDP and 1 percent to the U.S.

For Europe in particular, that extra growth could be crucial to help pay high public debt and bring down unemployment, which is at record highs.

Article source: http://www.nytimes.com/aponline/2013/07/02/world/europe/ap-eu-eu-us-trade-talks-.html?partner=rss&emc=rss

Appeals Court Upholds Law on Surveillance

However, the Court of Appeals for the Ninth Circuit also revived a separate lawsuit against the government over its surveillance activities.

Several lawsuits were filed after revelations about warrantless wiretapping asserted that telecom companies provided federal authorities with direct access to nearly all communications passing through their domestic facilities.

Besides the government itself, defendants included ATT, Sprint Nextel and Verizon Communications.

In 2008, Congress granted telecommunications companies immunity for cooperating with the government’s intelligence-gathering activities. A district judge in San Francisco upheld the law as constitutional and dismissed the claims against the companies.

In a ruling on Thursday, a unanimous three-judge panel for the Ninth Circuit agreed. Cindy Cohn, legal director for the Electronic Frontier Foundation, a leading plaintiff in both cases, said no decision had been made on whether to appeal the ruling.

A spokesman for the Justice Department, which defended the immunity provision, declined to comment, as did a Verizon spokesman. Representatives from ATT and Sprint did not respond to a request for comment.

Judge M. Margaret McKeown of the Court of Appeals for the Ninth Circuit rejected the argument that immunity closed the courts to the plaintiffs. Only the telecommunications companies are covered, she wrote, not the government.

“The federal courts remain a forum to consider the constitutionality of the wiretapping scheme and other claims,” she wrote.

In a separate ruling, the appeals court on Thursday allowed a separate case against the government to proceed, in which plaintiffs say that the National Security Agency engaged in “an unprecedented suspicionless general search,” diverting Internet traffic into secure rooms in ATT facilities.

Article source: http://feeds.nytimes.com/click.phdo?i=73ae0f7346aaefb5f269fb2559298414