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<title>Techdirt. Stories filed under &quot;wikileaks&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;wikileaks&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 13 Mar 2013 03:49:13 PDT</pubDate>
<title>NYT Former Exec Editor Misrepresents Bradley Manning</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130312/17262822304/nyt-former-exec-editor-misrepresents-bradley-manning.shtml</link>
<guid>http://www.techdirt.com/articles/20130312/17262822304/nyt-former-exec-editor-misrepresents-bradley-manning.shtml</guid>
<description><![CDATA[ A few days ago, the former executive editor of the NY Times, Bill Keller <a href="http://www.nytimes.com/2013/03/11/opinion/keller-private-mannings-confidant.html?src=twr&#038;_r=0" target="_blank">wrote about the Bradley Manning situation</a>, in which he discusses Manning's <a href="http://www.techdirt.com/articles/20130228/11343922157/bradley-manning-pleads-guilty-to-some-charges-reveals-that-major-newspapers-ignored-his-offer-to-leak-collateral-murder-video.shtml">revelation</a> that he originally tried to go directly to the NY Times and the Washington Post, but was ignored, leading to the decision to approach Wikileaks.  Keller's piece is basically an attempt by the NY Times to rewrite history to make Keller and the NY Times feel better.  I wouldn't say that Keller <i>lies</i> necessarily, because he might just be very, very ignorant, but there is no doubt that he blatantly misrepresents what Manning said and did.
<br /><br />
Specifically, Keller argues first, that Manning was trying to dump all of the information he had, indiscriminately, and the wise reporters at the NY Times would have figured out what was really important: "If Manning had connected with The Times, we would have found ourselves in a relationship with a nervous, troubled, angry young Army private who was offering not so much documentation of a particular government outrage as a chance to fish in a sea of secrets."  Furthermore, he argues that Manning's motivations in making his speech to the court last week somehow contradict the only other clear statement into Manning's motivations: his 2010 chat logs with Adrian Lamo that Lamo turned over to the government, leading to Manning's arrest.  Those chat logs were leaked to the press, and Keller argues that Manning's reasoning for leaking the material is not clear, summarizing it as:
<blockquote><i>
 His political views come across as inchoate. When asked, he has trouble recalling any specific outrages that needed exposing. His cause was "open diplomacy" or &#8212; perhaps in jest &#8212; "worldwide anarchy."
</i></blockquote>
Furthermore, Keller insults the many people who have supported Manning by suggesting that Manning has created his current views based on what his supporters have told him.
<br /><br />
However, as multiple people shot back, this is simply untrue.  Author Greg Mitchell points out that <a href="http://gregmitchellwriter.blogspot.com.br/2013/03/so-what-would-have-happened-if-bradley.html" target="_blank">Keller is flat out "wrong"</a> and that if he actually read the chat logs, Manning lays out his reasoning, which is entirely consistent with his statement in court.  He points out that contrary to Manning "having trouble recalling any specific outrages," Manning has no problem doing so, pointing to examples of corruption in favor of Iraqi prime minister Maliki (rounding up dissidents who were just exercising basic free speech rights), along with the now famous Collateral Murder video.  Mitchell points out that for Keller to claim that Manning had not mentioned anything specific, is simply wrong:
<blockquote><i>
More from the Lamo chat log: It virtually opens with Manning saying he had seen evidence of  "awful things" such as at Gitmo and Bagram.   Then he mentions "criminal political dealings" and cites the "buildup to the Iraq war."  He details what he saw on the "Collateral Murder" video and why he wanted it released ("I want people to see the truth").  He wants to get this and much else out (he IDs more) because it might "actually change something."  As for the State Dept. cables, he hopes they will spark "worldwide discussion, debates and reforms."  Yet Keller claims this was all "vague."
</i></blockquote>
When Nathan Fuller, a supporter of Manning, emailed Keller about all of this, Keller doubled down and <a href="http://www.bradleymanning.org/news/update-31113-contra-bill-keller-bradley-mannings-motives-consistent-from-chat-logs-through-plea-statement" target="_blank">stood by his original assessment</a>, saying nothing more than that he believed his characterization is "fair."  When pressed, Keller reveals his general attitude towards Manning's supporters, claiming that <i>they</i> have "assembled a coherent political motivation by fishing here and there in the Lamo file."  As opposed to Keller who quoted five whole words from the transcripts and took even those out of context?
<br /><br />
Meanwhile, Daniel Ellsberg, who probably identifies with Manning more than anyone else in the world, having famously given the Pentagon Papers to the NY Times decades ago, has <a href="http://www.youtube.com/watch?v=AaUNoYhxp4w&#038;feature=youtu.be" target="_blank">responded angrily to Keller</a> (video) stating that: "It shows him as an arrogant, ignorant, condescending person.  A very smart person who manages to be stupid in certain ways.... What we've heard are people like the NY Times who have consistently slandered [Bradly Manning]."
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/AaUNoYhxp4w" frameborder="0" allowfullscreen></iframe>
</center>
Ellsberg goes on to point out that there was a ton of material that Manning had access to, but which he chose not to disclose.  He first mocks Keller's description of Manning as a "boy" who was "indiscriminately dumping" files, and notes that the evidence shows otherwise:
<blockquote><i>
He, personally, had access to material higher than top secret, higher than Bill Keller has ever seen....  He chose <b>not</b> to put out the top secret communications intelligence, to which he clearly had access.  He put out only material that he felt would be embarrassing [rather than harmful], and which, three years later we can say, only was embarrassing.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20130312/17262822304/nyt-former-exec-editor-misrepresents-bradley-manning.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130312/17262822304/nyt-former-exec-editor-misrepresents-bradley-manning.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130312/17262822304/nyt-former-exec-editor-misrepresents-bradley-manning.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130312/17262822304</wfw:commentRss>
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<item>
<pubDate>Mon, 28 Jan 2013 05:30:46 PST</pubDate>
<title>Court Again Says It's Okay For The Feds To Snoop Through Your Digital Info Without Telling You</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml</link>
<guid>http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml</guid>
<description><![CDATA[ You may recall that in its quixotic attempt to go after Wikileaks, the US government has been snooping through the private communications of a bunch of folks they're trying to connect to the organization, including Icelandic politician Birgitta Jonsdottir and Jacob Appelbaum, who gets <a href="http://www.techdirt.com/articles/20110112/16054412641/customs-hamfisted-attempts-to-intimidate-wikileaks-volunteers.shtml">detained</a> and harassed every time he re-enters the country.  All of this <a href="http://www.techdirt.com/articles/20110107/16134312575/feds-subpoena-twitter-info-wikileaks-supporting-icelandic-politician.shtml">came to light</a> only because Twitter actually <a href="http://www.techdirt.com/articles/20110110/01084212585/kudos-to-twitter-not-just-rolling-over-when-us-govt-asked-info.shtml">stood up</a> to the US government and refused to just hand over info that was requested using the obscure <a href="http://www.law.cornell.edu/uscode/18/usc_sec_18_00002703----000-.html">2703(d)</a> process.  Twitter also got the court to allow it to reveal the existence of the order (something that every other company which has received one has kept secret).  A court eventually <a href="http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml">ruled</a> that Twitter had to hand over the requested info.
<br /><br />
Following this, Jonsdottir, Appelbaum and one other person, Rop Gonggrijp, (represented by the ACLU and the EFF), chose not to challenge that ruling, but <i>did</i> appeal concerning the secrecy around the order -- asking the court to have the specific 2703(d) order unsealed -- arguing that they have the right to access judicial documents about themselves.  However, last week, an appeals court <a href="http://www.aclu.org/technology-and-liberty/appeals-court-rules-secrecy-twitterwikileaks-case" target="_blank">rejected that appeal</a>, and basically said that the feds can sniff through your digital data without your knowledge, and, well, too bad if you don't like it.
<br /><br />
Even though the court did find that 2703(d) orders are "judicial records," which could make them subject to a right to access, they then claimed that, well, when the government investigates things, it should be able to do so in absolute secrecy, and who really cares about pesky little things like oversight or a right to know about it.
<blockquote><i>
Subscribers' contentions fail for several reasons. First, the record shows that the magistrate judge considered the stated public interests and found that the Government's interests in maintaining the secrecy of its investigation, preventing potential subjects from being tipped off, or altering behavior to thwart the Government's ongoing investigation, outweighed those interests.
<br /><br />
Further, we agree with the magistrate judge's findings that the common law presumption of access to &sect; 2703 orders is outweighed by the Government's interest in continued sealing because the publicity surrounding the WikiLeaks investigation does not justify its unsealing. The mere fact that a case is high profile in nature does not necessarily justify public access.... Additionally, Subscribers' contention that the balance of interests tips in the public's favor because the Government approved the disclosure of the existence of its investigation by moving the district court to unseal the Twitter Order is adequately counterbalanced by the magistrate judge's finding that the "sealed documents at issue set forth sensitive nonpublic facts, including the identity of targets and witnesses in an ongoing criminal investigation."
</i></blockquote>
The government gets to peer deeper and deeper into our lives, and we're less and less able to even know about it.<br /><br /><a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-old-4th-amendment</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130126/01134421795</wfw:commentRss>
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<pubDate>Tue, 22 Jan 2013 14:47:00 PST</pubDate>
<title>WikiLeaks Reveals Aaron Swartz May Have Been A Source: Wise Move?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml</link>
<guid>http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml</guid>
<description><![CDATA[ <p>WikiLeaks currently finds itself in a difficult position.  Funds are trickling in because of a questionable <a href="http://www.forbes.com/sites/jonmatonis/2012/08/20/wikileaks-bypasses-financial-blockade-with-bitcoin/">financial blockade against it</a>, and <a href="http://www.tnr.com/blog/plank/111394/the-dwindling-returns-the-julian-assange-show">Julian Assange is stuck in the Ecuadorian embassy in London</a>.  So it's understandable that it should want to take every opportunity to remind people that it is still around and keen to continue publishing highly-sensitive documents in a confidential fashion.  But I do wonder if this <a href="https://twitter.com/wikileaks">series of tweets disclosing that Aaron Swartz was involved with WikiLeaks</a> is the best way of doing that:

<i><blockquote>Due to the investigation into the Secret Service involvement with #AaronSwartz we have decided to disclose the following facts (1-3) 
<br /><br />
1. Aaron Swartz assisted WikiLeaks #aaronswartz (1/3)
<br /><br />
2. Aaron Swartz was in communication with Julian Assange, including during 2010 and 2011
<br /><br />
3. We have strong reasons to believe, but cannot prove, that Aaron Swartz was a WikiLeaks source. #aaronswartz</blockquote></i>

There are a number of issues here.  First, WikiLeaks is revealing the name of one of its sources -- surely something it should <i>never</i> do under any circumstances if it wants to retain the confidence of future whistleblowers.  Worse, it's not even sure Aaron Swartz <i>was</i> a contributor, but is making the claim anyway.  That matters because it may encourage the US authorities to start investigating others in his circle as possible WikiLeaks contributors.  At best, that could be awkward for them, and at worst, extremely dangerous given <a href="http://www.guardian.co.uk/commentisfree/2012/dec/13/bradley-manning-wikileaks-whistleblower">what has happened to the alleged WikiLeaks source Bradley Manning</a>.
</p><p>
It's hard to see what WikiLeaks thought it would gain from making these statements, other than some quick publicity, perhaps.  But that seems a very transient gain in the face of the long-term dangers it may have exposed others to.  Moreover, those four tweets may also have compromised its credibility with potential sources, who must now be asking themselves whether WikiLeaks can really be trusted again.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>question-of-trust</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130122/09584421752</wfw:commentRss>
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<pubDate>Tue, 18 Dec 2012 03:03:05 PST</pubDate>
<title>Swedish Pirate Party Sues Banks For 'Discriminating' Against Wikileaks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121217/12090821407/swedish-pirate-party-sues-banks-discriminating-against-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20121217/12090821407/swedish-pirate-party-sues-banks-discriminating-against-wikileaks.shtml</guid>
<description><![CDATA[ Earlier this year, we noted that a court in Iceland had <a href="http://www.techdirt.com/articles/20120712/07562019674/iceland-court-orders-visa-to-start-processing-wikileaks-payments-again-within-two-weeks.shtml">ordered</a> Visa to start accepting donations to Wikileaks again.  There's been some cat and mouse games as the various payment processors, under pressure from US officials, cut off the site a while back.  The latest, however is that the Swedish Pirate Party itself has <a href="http://falkvinge.net/2012/12/17/pirate-party-presses-charges-against-banks-for-wikileaks-blockade/" target="_blank">pressed charges against Swedish banks</a> for discriminating against Wikileaks.
<blockquote><i>
The charges were filed eariler today with the Swedish Finansinspektionen, the authority which oversees bank licenses and abuse of position. This follows an earlier initiative from the Pirate Party to regulate credit card companies on the European level in order to deny them the ability to determine who gets to trade and who doesn&#8217;t.
<br /><br />
&#8220;The blockade is a serious threat against the freedoms of opinion and expression&#8221;, says the Pirate Party&#8217;s Erik L&ouml;nroth, who has been preparing the formal charges. &#8220;It must not be up to the individual payment provider to determine which organizations are eligible for donations. At the same time, these charges will bring clarity as to whether the bank regulations of today are sufficient, or if regulations need to be tightened to protect freedom of expression.&#8221;
</i></blockquote>
I don't quite understand Swedish law, so it's not entirely clear to me how the Swedish Pirate Party has standing in which to bring these charges.  However, it looks like "charges" basically mean asking the relevant regulatory body to investigate whether the actions are legal.  Given how much power a very small number of payment companies have over what can and cannot accept money online, it would be nice for there to be some rules against discrimination.  Of course, an even better answer would be to create more services that can accept payment...<br /><br /><a href="http://www.techdirt.com/articles/20121217/12090821407/swedish-pirate-party-sues-banks-discriminating-against-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121217/12090821407/swedish-pirate-party-sues-banks-discriminating-against-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121217/12090821407/swedish-pirate-party-sues-banks-discriminating-against-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>standing?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121217/12090821407</wfw:commentRss>
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<item>
<pubDate>Fri, 14 Dec 2012 16:09:00 PST</pubDate>
<title>Julian Assange Moves Forward Plans To Run For Senate And Start A Wikileaks Political Party</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121213/04341921372/julian-assange-moves-forward-plans-to-run-senate-start-wikileaks-political-party.shtml</link>
<guid>http://www.techdirt.com/articles/20121213/04341921372/julian-assange-moves-forward-plans-to-run-senate-start-wikileaks-political-party.shtml</guid>
<description><![CDATA[ It&#39;s been a while since we checked in on Julian Assange. Last we heard, the United States had <a href="http://www.techdirt.com/articles/20120926/23522220526/us-military-classifies-wikileaks-as-enemy-united-states.shtml">just classified</a> Wikileaks as an "enemy of the United States," but that was all the way back in September. This, of course, was after Assange had been <a href="http://www.techdirt.com/articles/20120816/07425320074/us-uk-betray-basic-values-to-get-assange-any-cost.shtml">granted asylum</a> in the Ecuadorian embassy in the UK. With what has to seem like the entire world crumbling down around him, I&#39;d have to guess that Assange is keeping a low, mum&#39;s the word profile.
<blockquote>
<i>Mr Assange said plans to register an Australian WikiLeaks party were &#39;&#39;significantly advanced&#39;&#39;. He indicated he would be a Senate candidate, and added that "a number of very worthy people admired by the Australian public" have indicated their availability to stand for election on a party ticket.</i></blockquote>
Yes, Julian Assange, currently confined to Ecuador&#39;s embassy, <a href="http://www.theage.com.au/opinion/political-news/assange-looks-to-contest-senate-election-20121212-2ba43.html">is going to start his own political party</a>.  While many have focused on the news that he's running for Senate, that's not actually new -- having been <a href="http://www.techdirt.com/articles/20120319/00274218151/julian-assanges-ultimate-publicity-stunt-running-australian-senate.shtml">previously</a> reported back in March. In case you thought you had somehow slept through news that the US had dropped its investigation of Wikileaks or that Sweden no longer wanted to extradite him, you haven't: both issues are existing issues that might, possibly, get in the way of Assange actually serving as an elected official.  However, as a wider party, what would the Wikileaks party stand for?
<blockquote>
<i>He said a WikiLeaks party would advance WikiLeaks&#39; objectives of promoting openness in government and politics, and it would combat growing intrusions on individual privacy.</i>
</blockquote>
A laudable goal, and one that might find natural allies with The Pirate Party.  Still, while (as with many things Assange-related) this has the feel of a publicity stunt, there's a chance that the more interesting idea is what will happen if the Wikileaks Party can really find others to be members and run for office:
<blockquote><i>
If Mr Assange were elected but he was unable to return to Australia to take up his position, a nominee would occupy a Senate seat.</i></blockquote>
So, perhaps the real goal is to have someone high profile, like Assange, spearhead the effort of building out a party focused on these issues, even if there's little chance he can actually serve. Well, that or this is another example of Assange being a genuine pain in the ass.<br /><br /><a href="http://www.techdirt.com/articles/20121213/04341921372/julian-assange-moves-forward-plans-to-run-senate-start-wikileaks-political-party.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121213/04341921372/julian-assange-moves-forward-plans-to-run-senate-start-wikileaks-political-party.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121213/04341921372/julian-assange-moves-forward-plans-to-run-senate-start-wikileaks-political-party.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>governing-from-afar</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121213/04341921372</wfw:commentRss>
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<pubDate>Fri, 7 Dec 2012 05:59:34 PST</pubDate>
<title>NY Times Published The Pentagon Papers, But Can't Be Bothered To Send Reporter To Bradley Manning Trial</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121206/12554821261/ny-times-published-pentagon-papers-cant-be-bothered-to-send-reporter-to-bradley-manning-trial.shtml</link>
<guid>http://www.techdirt.com/articles/20121206/12554821261/ny-times-published-pentagon-papers-cant-be-bothered-to-send-reporter-to-bradley-manning-trial.shtml</guid>
<description><![CDATA[ The NY Times, of course, was the newspaper central to the case of <a href="http://en.wikipedia.org/wiki/Pentagon_Papers" target="_blank">the Pentagon Papers</a>.  That involved a huge dump of information concerning a Pentagon study highlighting how the Johnson Administration had lied to the public and Congress concerning Vietnam.  The papers were leaked to the NYT by Daniel Ellsberg.  The Times proceeded to release excerpts of it along with some reporting, and eventually the entire set of documents was released publicly.  Ellsberg was charged under the Espionage Act -- though eventually all the charges against him were dismissed, in part due to "gross governmental misconduct."  The NYTimes was hit with an injunction against publication, and a legal fight ensued, which the NY Times eventually won. There are, of course, significant similarities with Wikileaks.  Again, we're talking about a large amount of classified government documents, highlighting lies to the public by the administration, and which were leaked to Wikileaks by Bradley Manning.  The documents were, at first, released in excerpts along with some reporting, and eventually the entire set of documents was released publicly.  Manning has been arrested and is awaiting trial.
<br /><br />
There have been some ongoing hearings, many of which we've covered, but some folks have noticed an oddity.  The New York Times <b>did not send a reporter</b>.  It merely ran a single AP wire story.  Thankfully, the NY Times' own public editor is <a href="http://publiceditor.blogs.nytimes.com/2012/12/05/the-times-should-have-a-reporter-at-the-bradley-manning-hearing/?smid=tw-share" target="_blank">scolding the paper for its failure here</a>, noting that no matter what you think of Manning or the whole Wikileaks issue:
<blockquote><i>
The testimony is dramatic and the overarching issues are important.
<br /><br />
The Times should be there.
</i></blockquote>
The excuse from NYT Washington bureau chief David Leonhardt seems especially weak.  Basically, saying there just isn't that much to the story:
<blockquote><i>
We&#8217;ve covered him and will continue to do so. But as with any other legal case, we won&#8217;t cover every single proceeding. In this case, doing so would have involved multiple days of a reporter&#8217;s time, for a relatively straightforward story. 
</i></blockquote>
Apparently, when it's someone else, rather than the NY Times itself... it's just a "relatively straightforward story" not worth a reporter's time.<br /><br /><a href="http://www.techdirt.com/articles/20121206/12554821261/ny-times-published-pentagon-papers-cant-be-bothered-to-send-reporter-to-bradley-manning-trial.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121206/12554821261/ny-times-published-pentagon-papers-cant-be-bothered-to-send-reporter-to-bradley-manning-trial.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121206/12554821261/ny-times-published-pentagon-papers-cant-be-bothered-to-send-reporter-to-bradley-manning-trial.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-a-big-enough-story?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121206/12554821261</wfw:commentRss>
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<pubDate>Wed, 7 Nov 2012 20:14:12 PST</pubDate>
<title>Bradley Manning Willing To Admit To Leaking Info To Wikileaks, Hoping For More Limited Trial</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml</link>
<guid>http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml</guid>
<description><![CDATA[ As the Bradley Manning court martial trial moves forward, Manning has apparently submitted a plea notice <a href="http://dissenter.firedoglake.com/2012/11/07/bradley-manning-indicates-he-would-take-responsibility-for-transferring-information-to-wikileaks/" target="_blank">more or less looking to speed up the process</a> by effectively admitting to the fact that he leaked the info to Wikileaks, without pleading "guilty" to any of the charges.  The idea appears to be a procedural move to try to take a shortcut to focusing on some lesser charges by admitting some factual things, and leaving some of the most serious charges off the table.  This isn't a "plea bargain" in which both sides make an agreement -- but rather an attempt to effectively say "here's what we agree to, without having to go through the effort of proving it, and then let's focus on these lesser charges."  The judge does not need to accept this offer, however.
<blockquote><i>
Manning did not plead guilty to the charged offenses in the plea notice. However, significantly, he did indicate with this notice that he is willing to admit to the fact that the act of providing information to WikiLeaks did occur or that the government has evidence that would prove he did commit the act and so he is willing to plea to it.
<br /><br />
The notice was a plea to lesser-included offenses&#8212;charges with different elements that the judge could agree upon if there is no evidence for the more severe charges. Pleading to lesser-included offenses makes it possible to not plea to committing offenses under the Espionage Act or Computer Fraud and Abuse Act (CFAA). Importantly, he can plead guilty without accepting the government&#8217;s charge that he &#8220;aided the enemy&#8221; or &#8220;exceeded authorized access&#8221; on his computer
</i></blockquote>
Notably, that report, from Firedoglake's Kevin Gosztola, points out that even if this goes through, Manning could still end up with life in prison for "aiding the enemy." 
<br /><br />
Meanwhile, Andy Greenberg notes that merely making this offer <a href="http://www.forbes.com/sites/andygreenberg/2012/11/07/bradley-manning-offers-to-admit-to-leaking-secrets-to-wikileaks-in-plea-agreement/" target="_blank">does not bind Manning into this admission</a> -- especially if the government doesn't accept the deal (the judge has to accept it first).  He can rescind it, and it can't be used against him.  It's basically an attempt to speed up the process, along with the recognition that Manning almost certainly is going to be found guilty of something, so the attempt is to narrow down the possible charges to things that aren't quite as severe.<br /><br /><a href="http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ongoing-process</slash:department>
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<pubDate>Tue, 24 Jul 2012 10:16:00 PDT</pubDate>
<title>Court Says State Department Can Live In Fantasyland &#038; Pretend Documents Leaked By Wikileaks Are Still Secret</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120724/04221719809/court-says-state-department-can-live-fantasyland-pretend-documents-leaked-wikileaks-are-still-secret.shtml</link>
<guid>http://www.techdirt.com/articles/20120724/04221719809/court-says-state-department-can-live-fantasyland-pretend-documents-leaked-wikileaks-are-still-secret.shtml</guid>
<description><![CDATA[ We've talked about the problem in which classified documents that are leaked and widely available to the public are still <a href="http://www.techdirt.com/articles/20110427/01185514052/lawyers-guantanamo-detainees-not-allowed-to-look-important-leaked-evidence.shtml">considered classified</a> by the government, even though the concept is ludicrous.  It leads to absolutely ridiculous situations, such as government employees not being able to look at documents available on Wikileaks, even as everyone else in the world can easily log in and see them.  Or the case (linked above) in which lawyers representing Guantanamo detainees weren't allowed to look at these documents -- which anyone else in the world can see -- which relate to their clients.  Even the NY Times called this situation "absurd."  And it is.  In the business world, people commonly sign "non-disclosure agreements," but they're always considered null and void if that same information becomes public by other means.  It's bizarre that the government doesn't recognize the same policy.
<br /><br />
However, in a lawsuit we first discussed <a href="http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml">last year</a>, where the ACLU sued the State Department for failing to declassify (under a FOIA request) documents that were already widely available on Wikileaks, a judge has <a href="http://www.aclu.org/technology-and-liberty/aclu-v-department-state-memorandum-opinion" target="_blank">ruled against the ACLU</a>, and said that the documents remain classified.  Once again, this is absurd.  It's as if everyone is actively denying reality.
<br /><br />
The ACLU relied on the part of the test that questions whether the disclosure of the information "reasonably could be expected to result in damage to national security."  Seeing as anyone seeking to "damage" our national security can just surf over to Wikileaks, and has been able to do that for quite some time, you'd think that the ACLU's argument was pretty rock solid. <a href="http://www.aclu.org/files/assets/2012_07_23_dkt_24_memo__opinion.pdf" target="_blank">Not according to the court</a> (pdf and embedded below).  The court seems to tapdance around the issue.  It argues that the Court should "defer" to the judgment of the administration on this question, and that it's possible that the official release of these documents could impact national security.  I don't buy it.  Any official release is unlikely to have any different impact than the unofficial release.  To argue that making those releases official has some sort of new "threat" involved just doesn't pass the laugh test.
<br /><br />
What's most distressing about this is that it shows a government that is not dealing in reality, but is dealing in a fantasy land, where it pretends that if it sticks its fingers in its ears, and hands over its eyes, it can pretend that the documents, which are very, very public, are not at all public.  I want a government that deals in reality and not fantasy.  Unfortunately, with this situation, we have the reverse -- and, bizarrely, the courts are saying that an executive branch that lives in fantasyland is just fine.<br /><br /><a href="http://www.techdirt.com/articles/20120724/04221719809/court-says-state-department-can-live-fantasyland-pretend-documents-leaked-wikileaks-are-still-secret.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120724/04221719809/court-says-state-department-can-live-fantasyland-pretend-documents-leaked-wikileaks-are-still-secret.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120724/04221719809/court-says-state-department-can-live-fantasyland-pretend-documents-leaked-wikileaks-are-still-secret.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>head-in-sand-approach</slash:department>
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<pubDate>Fri, 27 Apr 2012 14:35:00 PDT</pubDate>
<title>Wikileaks Truck Owner Arrested For Photographing Police; Told It Was Because He Was 'A Dick'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120426/20294518676/wikileaks-truck-owner-arrested-photographing-police-told-it-was-because-he-was-dick.shtml</link>
<guid>http://www.techdirt.com/articles/20120426/20294518676/wikileaks-truck-owner-arrested-photographing-police-told-it-was-because-he-was-dick.shtml</guid>
<description><![CDATA[ There's a guy in NY, Clark Stoekley, who apparently owns a white panel van that he's painted with the Wikileaks logo to raise awareness of the plight of Bradley Manning (though he has no other connection to Manning or Wikileaks).  There's a lot more info on the truck <a href="http://cstoeckley.com/WikiLeaksTruck.html" target="_blank">on his website</a>.  However, it appears that, unrelated to the truck, Stoekley has another issue to deal with: <a href="http://www.pixiq.com/article/wikileaks-truck-owner-arrested-for-photographing-cops" target="_blank">he was arrested for photographing police at Penn Station</a> in Manhattan.  He saw police in the station carrying semi-automatic weapons (an unfortunately common site in Penn Station), and he decided to photograph them with his phone.  And from there, a familiar, if unfortunate, and almost certainly illegal incident ensued.  As told by Pixiq:
<blockquote><i>
Metropolitan Transit Authority police arrested a man for photographing them at Penn Station in New York City this afternoon &#8211; deleting his photo &#8211; before releasing him from a jail cell an hour later.
<br /><br />
Clark Stoeckley was issued a summons charging him with &#8220;engaging in threatening behavior.&#8221;
<br /><br />
&#8220;I was walking through Penn Station and I came across these MTA cops with semi-automatic weapons,&#8221; he said in a phone interview with Photography is Not a Crime.
<br /><br />
&#8220;I stopped to take a photo and the cop came up to me and arrested me. I asked, &#8216;why am I being arrested?&#8217;
<br /><br />
&#8220;&#8217;Because you&#8217;re a dick,&#8217;&#8221; the officer responded.
</i></blockquote>
Of course, we've written tons of stories about police arresting the members of public for photographing or filming them while on duty.  The MTA and New York may want to pay close attention to what happened up in Boston, where Simon Glik prevailed against the city of Boston and the Boston Police Department for <a href="http://www.techdirt.com/articles/20110827/23285615713/appeals-court-arresting-guy-filming-cops-was-clear-violation-both-1st-4th-amendments.shtml">violating</a> his First and Fourth Amendment rights under very similar circumstances (though I don't even think they deleted the photos).  In the end, the city of Boston had to <a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml">pay Glik</a> a large sum of money for violating his rights.
<br /><br />
At what point will police finally learn that when they're in public, being photographed or video taped is fair game?<br /><br /><a href="http://www.techdirt.com/articles/20120426/20294518676/wikileaks-truck-owner-arrested-photographing-police-told-it-was-because-he-was-dick.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120426/20294518676/wikileaks-truck-owner-arrested-photographing-police-told-it-was-because-he-was-dick.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120426/20294518676/wikileaks-truck-owner-arrested-photographing-police-told-it-was-because-he-was-dick.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-how-this-works</slash:department>
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<pubDate>Thu, 15 Mar 2012 10:40:32 PDT</pubDate>
<title>Unknown Tech Company Fighting Back Against FBI's National Security Letter Gag Order</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120314/14215818110/unknown-tech-company-fighting-back-against-fbis-national-security-letter-gag-order.shtml</link>
<guid>http://www.techdirt.com/articles/20120314/14215818110/unknown-tech-company-fighting-back-against-fbis-national-security-letter-gag-order.shtml</guid>
<description><![CDATA[ Last year Twitter was willing to <a href="http://www.techdirt.com/articles/20110110/01084212585/kudos-to-twitter-not-just-rolling-over-when-us-govt-asked-info.shtml">stand up</a> to the feds when they tried to issue a so-called 2703(d) order to try to reveal info about some Wikileaks collaborators.  A (d) order is like a warrant, but with fewer privacy protections, but Twitter fought hard to at least let users know that the government was seeking to get their information, in order to allow them to fight back.  Of course, the (d) order process is pretty obscure.  Much more commonly used is the so-called <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=national+security+letter">national security letters</a> (NSLs) process, which is a favorite of the FBI's.  The FBI is also well known for <a href="http://www.techdirt.com/articles/20070309/145914.shtml">abusing</a> NSLs, and despite various <a href="http://www.techdirt.com/articles/20100309/0012138472.shtml">slaps</a> on the wrist, appears to continue to use them regularly.  Basically, it lets them write a letter demanding information from an intermediary, along with a complete gag order about it.  
<br /><br />
The gag orders are especially problematic, and thankfully some judges have <a href="http://www.techdirt.com/articles/20080827/2133292114.shtml">questioned</a> those gag orders.  But because so much around NSLs is secret, it's tough to know much about what's going on with them.  A few years ago, an ISP owner famously <a href="http://www.techdirt.com/articles/20071105/192611.shtml">fought</a> an NSL he was issued, but it took years before Nicholas Merril, CEO of Calyx Internet Access, could even <a href="http://www.techdirt.com/articles/20100810/16414110575.shtml">admit</a> that he had done so.
<br /><br />
Wired is now reporting that <a href="http://www.wired.com/threatlevel/2012/03/mystery-nsl/all/1" target="_blank">some other company is now fighting an NSL order from the FBI</a>, but the details are pretty sparse:
<blockquote><i>
Sometime earlier this year, a provider of communication services in the United States "perhaps a phone company, perhaps Twitter" got a letter from the FBI demanding it turn over information on one, or possibly even hundreds, of its customers. The letter instructed the company to never disclose the existence of the demand to anyone "in particular, the target of the investigation..."
<br /><br />
[....]
<br /><br />
But this time, the company that received the request pushed back. It told the agency that it wanted to tell its customer that he or she was being targeted, which would give the customer a chance to fight the request in court, as a group of Twitter users did last year when the Justice Department sought their records under a different kind of request. The minor defiance in this latest case was enough to land the NSL request in a federal court docket last Friday, where the government filed a request for a court order to force the company to adhere to the gag order.
</i></blockquote>
The Justice Department, of course, is insisting that the gag order must be in put in place or it "may endanger the national security of the United States."  Given just how many of these NSLs the government issues, at some point it has to be realized that they're crying wolf tens of thousands of times per year.  Somehow it's difficult to believe that actually giving people a right to protect their own privacy rights would endanger national security thousands of times per month...<br /><br /><a href="http://www.techdirt.com/articles/20120314/14215818110/unknown-tech-company-fighting-back-against-fbis-national-security-letter-gag-order.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120314/14215818110/unknown-tech-company-fighting-back-against-fbis-national-security-letter-gag-order.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120314/14215818110/unknown-tech-company-fighting-back-against-fbis-national-security-letter-gag-order.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-to-hear</slash:department>
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<pubDate>Fri, 9 Mar 2012 17:43:26 PST</pubDate>
<title>Transparency Double Standard: UK Public Inquiry Requests Info From Wikileaks</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120308/12004618039/transparency-double-standard-uk-public-inquiry-requests-info-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20120308/12004618039/transparency-double-standard-uk-public-inquiry-requests-info-wikileaks.shtml</guid>
<description><![CDATA[ <p>Well, this is interesting. Given the general condemnation of Wikileaks by governments, all the ongoing controversy and reputation problems faced by the organization, you wouldn't expect them to be approached with any official requests for leaked information. But it seems just that has happened in the UK, where the <a href="http://www.levesoninquiry.org.uk/" target="_blank">Leveson Inquiry</a> into media ethics has requested and received a <a href="https://twitter.com/#!/wikileaks/status/177779505237204992" target="_blank">dossier from Wikileaks on corruption in the British press</a>.</p>

<p>On the surface this is pretty hypocritical, and more than a little ironic: in the past, the UK government <a href="http://www.itproportal.com/2010/11/26/uk-gov-issues-da-notices-over-wikileaks-bomb/" target="_blank">asked media outlets to brief them</a> on government secrets they received from Wikileaks before publishing them. Now, a government-run inquiry is asking Wikileaks to hand over information on UK media outlets. Apparently they don't hate leaks as long as they flow in the right direction.</p>

<p>Hopefully this represents another step towards governments recognizing that Wikileaks isn't pure evil, even if there are questionable things about the operation. Though there are risks, bringing sensitive information to light is often in the public's best interest&mdash;indeed, that's the whole spirit behind public inquiries. The Leveson Inquiry was convened when the <em>News of the World</em> phone-hacking scandal pointed to a secret culture of corruption in the press, and now Wikileaks is helping to expose it further. If governments attempt to maintain secret cultures of their own, they too will be exposed.</p><br /><br /><a href="http://www.techdirt.com/articles/20120308/12004618039/transparency-double-standard-uk-public-inquiry-requests-info-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120308/12004618039/transparency-double-standard-uk-public-inquiry-requests-info-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120308/12004618039/transparency-double-standard-uk-public-inquiry-requests-info-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>feeding-the-hand-that-bites</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120308/12004618039</wfw:commentRss>
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<pubDate>Mon, 30 Jan 2012 04:35:48 PST</pubDate>
<title>Using Wikileaks To Figure Out What The Government 'Redacts'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120127/16312617573/using-wikileaks-to-figure-out-what-government-redacts.shtml</link>
<guid>http://www.techdirt.com/articles/20120127/16312617573/using-wikileaks-to-figure-out-what-government-redacts.shtml</guid>
<description><![CDATA[ We've talked in the past about the ridiculousness of the US government <a href="http://www.techdirt.com/articles/20110427/01185514052/lawyers-guantanamo-detainees-not-allowed-to-look-important-leaked-evidence.shtml">pretending</a> that the State Department cables that were leaked via Wikileaks are still confidential.  The <i>reasoning</i>, obviously, is that they're afraid that declaring anything that's become public is no longer confidential is that it creates incentives to leak more documents.  But the actual situation is simply absurd.  Documents that everyone can see easily and publicly... live in this world, a world where anyone in government has to pretend that they're still secret and confidential.  There have even been cases where officials have gotten into <a href="http://www.techdirt.com/articles/20110930/10580316151/state-department-vindictiveness-using-single-blog-link-to-wikileaks-to-investigate-employee-who-published-critical-book.shtml">trouble</a> for using information from a "public" document, because they're supposed to create this fiction that it's not.
<br /><br />
Still, there is one way in which this has actually turned out to be enlightening.  A few months ago, the ACLU filed some Freedom of Information Act (FOIA) requests to the State Department on some issues, getting some of the very same documents that were leaked via Wikileaks.  Except... the kind that came with the FOIA had redactions.  The Wikileaks documents, for the most part, do not.  That created an interesting opportunity for Ben Wizner at the ACLU.  He could now compare and contrast the two version of the document, to <a href="http://www.onthemedia.org/blogs/on-the-media/2011/dec/09/aclu-vs-censors-pen/" target="_blank">see just what the government is redacting</a>, and figure out if they're redacting it for legitimate reasons... or just to do things like avoid embarrassment.
<center>
<a href="http://imgur.com/vcMrZ"><img src="http://i.imgur.com/vcMrZ.jpg" width=560 /></a>
<a href="http://imgur.com/2SpDc"><img src="http://i.imgur.com/2SpDc.jpg" width=560 /></a>
</center>
The ACLU then set up a <a href="http://www.aclu.org/wikileaksFOIA" target="_blank">special page</a> allowing people to compare multiple versions of documents with just a simple mouseover.  This came out a few months ago, but I didn't get a chance to write it up until now.  It's pretty enlightening to see just what makes the censor's cut, and (not surprisingly) raises significant questions about the government's temptation to simply excise stuff they don't like, rather than information that there are valid reasons to keep hidden.<br /><br /><a href="http://www.techdirt.com/articles/20120127/16312617573/using-wikileaks-to-figure-out-what-government-redacts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120127/16312617573/using-wikileaks-to-figure-out-what-government-redacts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120127/16312617573/using-wikileaks-to-figure-out-what-government-redacts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>compare-and-contrast</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120127/16312617573</wfw:commentRss>
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<pubDate>Tue, 15 Nov 2011 01:43:27 PST</pubDate>
<title>Court Decision Forcing Twitter To Give Up Info On Wikileaks Associates Challenged In Europe</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml</link>
<guid>http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml</guid>
<description><![CDATA[ You may recall that the US government has been <a href="http://www.techdirt.com/articles/20110107/16134312575/feds-subpoena-twitter-info-wikileaks-supporting-icelandic-politician.shtml">seeking</a> all sorts of info on some folks who were somehow connected to Wikileaks as a part of its grand jury investigation, using the obscure <a href="http://www.law.cornell.edu/uscode/18/usc_sec_18_00002703----000-.html">2703(d)</a> process, rather than a standard subpoena (the 2703(d) process has fewer privacy protections, of course).  Last week, a US district court judge, Judge Liam O'Grady, <a href="http://techland.time.com/2011/11/11/court-rules-government-can-get-your-online-personal-data-without-warrant/" target="_blank">said that Twitter should hand over</a> the info (it's believed that <a href="http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml">others</a> have already handed over info as well).
<br /><br />
It appears that at least one of those whose info is being sought, Icelandic Member of Parliament (MP) Birgitta Jonsdottir is now <a href="http://www.guardian.co.uk/world/2011/nov/11/us-verdict-privacy-wikileaks-twitter" target="_blank">trying to challenge this in Europe</a>, where privacy protections are much stronger.  This could get interesting for a variety of reasons.  While the US does not have such privacy laws, many companies in the US agree to abide by the basics of European privacy laws, in order to be allowed to offer service in Europe.  It would be interesting to see what happens if the process in Europe says that Twitter can't give up such info without violating European privacy laws.  While I don't think they could stop the handing over of the info (US company, US court...), I wonder if there could be further implications for Twitter, in that it may no longer be able to comply with European privacy rules.  That might create quite a mess.<br /><br /><a href="http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>jurisdictional-mess</slash:department>
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<item>
<pubDate>Mon, 10 Oct 2011 19:06:18 PDT</pubDate>
<title>Finally Revealed: Feds Sought Info From Google &#038; Sonic.net About Wikileaks Helpers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml</link>
<guid>http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml</guid>
<description><![CDATA[ At the beginning of this year, we gave Twitter <a href="http://www.techdirt.com/articles/20110110/01084212585/kudos-to-twitter-not-just-rolling-over-when-us-govt-asked-info.shtml">kudos</a> for not rolling over when the government came calling with a so-called 2703(d) order (like a search warrant, but with much fewer protections for privacy) related to information concerning people associated with Wikileaks.  We also wondered <i>who else</i> had received such an order and had not stood up to it.  Some of the info is starting to come out, and it appears that <a href="http://news.cnet.com/8301-31921_3-20117919-281/justice-department-ramps-up-wikileaks-e-mail-probe/" target="_blank">both Google and ISP Sonic.net received such requests</a>, at least concerning Jacob Appelbaum.  Sonic.net notes that it, too, fought the request, but lost.  It then fought to have the request made public, which finally happened, though some details are still under seal:
<blockquote><i>
Sonic said it fought the government's order and lost, and was forced to turn over information. Challenging the order was "rather expensive, but we felt it was the right thing to do," said Sonic's chief executive, Dane Jasper. The government's request included the e-mail addresses of people Mr. Appelbaum corresponded with the past two years, but not the full e-mails... 
</i></blockquote>
It's unclear if Google similarly fought the order.  The company says it won't comment on specific cases.  It's nice to see that Sonic was willing to fight for its users (which continues to cement the company's reputation as being one of the few user-first ISPs).  It still remains likely that the government sent these orders to many others as well.  In the case of Twitter there were multiple people being investigated, not just Appelbaum, though it's unlikely most of those others used Sonic.net.  So chances are, other ISPs and other service providers received the orders, and whether or not they fought the government may never be known.  In the meantime, the government continues its fishing expedition against Wikileaks, but apparently still hasn't found a smoking gun.<br /><br /><a href="http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111010/11573016287/finally-revealed-feds-sought-info-google-sonicnet-about-wikileaks-helpers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111010/11573016287</wfw:commentRss>
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<item>
<pubDate>Tue, 20 Sep 2011 07:36:07 PDT</pubDate>
<title>Full List Of Sites The US Air Force Blocked To Hide From Wikileaks Info; Includes NY Times &#038; The Guardian</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110920/00494916021/full-list-sites-us-air-force-blocked-to-hide-wikileaks-info-includes-ny-times-guardian.shtml</link>
<guid>http://www.techdirt.com/articles/20110920/00494916021/full-list-sites-us-air-force-blocked-to-hide-wikileaks-info-includes-ny-times-guardian.shtml</guid>
<description><![CDATA[ When the State Department cables leaked via Wikileaks, some government employees and agencies were put in a tough position, in that they couldn't officially view those documents, since they were still classified.  As we've noted in the past, this is stupid.  In business, any boilerplate non-disclosure agreement says that if some info becomes public due to a third party, the NDA no longer applies.  The US government, for reasons that escape me, refuses to do the same thing for classified info that leaks -- even after the press has run stories on it.
<br /><br />
We heard all sorts of bizarre stories about government agencies trying to block access to this content which was everywhere, including reports that any Techdirt article that mentioned "Wikileaks" in the title was <a href="http://www.techdirt.com/articles/20101206/17104312150/defense-department-blocking-any-website-with-wikileaks-title.shtml">blocked</a> from Defense Department computers.
<br /><br />
Jason Smathers decided to submit a Freedom of Information Act request (via the awesome Muckrock.com platform) to the US Air Force to find out what sites it was blocking.  And while the Air Force initially denied the request, on appeal it just <a href="http://www.muckrock.com/foi/view/united-states-of-america/us-air-force-blocked-websites/355/#249272-successful-appeal-cover-letter" target="_blank">changed its mind and handed over the list</a>, which you can see below.  Most of the blocked URLs are to various Wikileaks mirror sites, but it also covers the major media properties that Wikileaks initially worked with on releasing these documents, including the NY Times and The Gurdian.
<center>
<img src="http://i.imgur.com/z0ra5.png" width=560 />
</center>
I'm at a complete loss as to what the Air Force thinks it accomplishes in blocking the entire NY Times website because some stories mention content that <i>everyone already knows about</i>.  How does that possibly make sense?<br /><br /><a href="http://www.techdirt.com/articles/20110920/00494916021/full-list-sites-us-air-force-blocked-to-hide-wikileaks-info-includes-ny-times-guardian.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110920/00494916021/full-list-sites-us-air-force-blocked-to-hide-wikileaks-info-includes-ny-times-guardian.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110920/00494916021/full-list-sites-us-air-force-blocked-to-hide-wikileaks-info-includes-ny-times-guardian.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sticking-your-head-in-the-sand</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110920/00494916021</wfw:commentRss>
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<item>
<pubDate>Thu, 1 Sep 2011 22:17:17 PDT</pubDate>
<title>Leaked State Department Cable Confirms What Everyone Already Knew: MPAA Was Behind Bogus Australian ISP Lawsuit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110901/01544015760/leaked-state-department-cable-confirms-what-everyone-already-knew-mpaa-was-behind-bogus-australian-isp-lawsuit.shtml</link>
<guid>http://www.techdirt.com/articles/20110901/01544015760/leaked-state-department-cable-confirms-what-everyone-already-knew-mpaa-was-behind-bogus-australian-isp-lawsuit.shtml</guid>
<description><![CDATA[ When it comes to copyright issues, the various State Department leaks via Wikileaks have only served to confirm what pretty much everyone already knew.  Earlier we'd covered revelations about US diplomatic involvement in new copyright laws in Spain, and the latest (as a bunch of you sent in) is the rather upfront admission that <a href="http://www.wikileaks.org/cable/2008/11/08CANBERR1197.html" target="_blank">the MPAA was absolutely behind the decision to sue iiNet</a> in Australia.  As you may recall, the lawsuit, which was officially organized by the Australian Federation Against Copyright Theft (AFACT) along with the Australian arms of various movie studios, complained that Australian ISP iiNet <a href="http://www.techdirt.com/articles/20081120/1214592902.shtml">didn't do enough to stop unauthorized file sharing</a>.  This was really a trial balloon of a case, because the MPAA knew damn well that blaming ISPs for the actions of their users was a tricky game to play.  So, they tried to hit up iiNet from a slight tangent, sending over examples of infringement and then freaking out when iiNet didn't somehow magically stop all infringement.
<br /><br />
Of course, the reality was that this was all driven directly from the MPAA in the US and iiNet was carefully chosen as a trial balloon given its size.  As Richard Chirgwin <a href="http://www.theregister.co.uk/2011/08/31/afact_subcontractor_to_mpaa/" target="_blank">notes</a>, iiNet got to enjoy this experience because of its "Goldilocks status.  iiNet was just right: Telstra is large, loud, litigious, and possessed of significant lobbying experience; too small a target and the case risked inviting the &ldquo;bullying&rdquo; perception that the MPAA was keen to avoid."
<blockquote><i>
Despite the lead role of AFACT and the inclusion of 
Australian companies Village Roadshow and the Seven Network, 
this is an MPAA/American studios production.  Mike Ellis, the 
Singapore-based President for Asia Pacific of the Motion 
Picture Association, briefed Ambassador on the filing on 
November 26.  <b>Ellis confirmed that MPAA was the mover behind 
AFACT's case</b> (AFACT is essentially MPAA's Australian 
subcontractor; MPAA/MPA have no independent, formal presence 
here), acting on behalf of the six American studios involved. 
MPAA prefers that its leading role not be made public. 
<b>AFACT and MPAA worked hard to get Village Roadshow and the 
Seven Network to agree to be the public Australian faces on 
the case to make it clear there are Australian equities at 
stake, and this isn't just Hollywood "bullying some poor 
little Australian ISP." </b>
 <br /><br />
Why iiNet?  Ellis said they were the right target on 
several levels.  First, they are big enough to be important - 
iiNet is the third largest ISP in Australia.  (Telstra, 
owners of top Australian ISP BigPond which has about half of 
the market, are the "big guns", Ellis admitted.  <b>It was clear 
Ellis did not want to begin by tangling with Telstra, 
Australia's former telecom monopoly and still-dominant player 
in telephony and internet</b>, and a company with the financial 
resources and demonstrated willingness to fight hard and 
dirty, in court and out.)  Ellis also said iiNet users had a 
particularly high copyright violation rate, and that its 
management has been consistently unhelpful on copyright 
infringements. 
</i></blockquote>
Amusingly, the cable claims the case is "very strong."  Turns out that was wrong.  iiNet famously <a href="http://www.techdirt.com/articles/20100203/1516058028.shtml">won the case</a>, and AFACT was even told to pay iiNet's legal costs.  While an appeal <a href="http://www.techdirt.com/articles/20110224/00490713240/iinet-wins-again-australian-appeals-court-says-isp-not-responsible-copyright-infringers.shtml">somewhat limited</a> the original (<a href="http://www.techdirt.com/articles/20100204/0103238038.shtml">excellent and perceptive</a>) ruling, it still crowned iiNet the winner.  Perhaps the US government shouldn't trust the MPAA in setting the odds on its own lawsuits.
<br /><br />
Anyway, while most people already knew that the MPAA was the key player here, it's nice to see it laid out in black and white.  I'm also curious if the folks who usually rush to the comments to claim that the MPAA/RIAA aren't involved in some of the lawsuits we talk about will have any comment on this, since we've explained that most of these legal actions are coordinated from those two groups.<br /><br /><a href="http://www.techdirt.com/articles/20110901/01544015760/leaked-state-department-cable-confirms-what-everyone-already-knew-mpaa-was-behind-bogus-australian-isp-lawsuit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110901/01544015760/leaked-state-department-cable-confirms-what-everyone-already-knew-mpaa-was-behind-bogus-australian-isp-lawsuit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110901/01544015760/leaked-state-department-cable-confirms-what-everyone-already-knew-mpaa-was-behind-bogus-australian-isp-lawsuit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pulling-the-strings</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110901/01544015760</wfw:commentRss>
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<item>
<pubDate>Tue, 30 Aug 2011 19:57:00 PDT</pubDate>
<title>Wasn't The Real Security Problem The Initial Leak Of State Dept. Cables Rather Than The Latest Leak Of Those Same Cables?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110829/15573015733/wasnt-real-security-problem-initial-leak-state-dept-cables-rather-than-latest-leak-those-same-cables.shtml</link>
<guid>http://www.techdirt.com/articles/20110829/15573015733/wasnt-real-security-problem-initial-leak-state-dept-cables-rather-than-latest-leak-those-same-cables.shtml</guid>
<description><![CDATA[ One of the myths around Wikileaks' original release of State Department cables was that the organization simply dumped all the cables unredacted and let everyone sort it out.  That's simply not true.  Wikileaks released only small batches of documents at a time, mostly in conjunction with newspaper reporters, and redacted sensitive info.  While Wikileaks just did a <a href="http://www.theatlanticwire.com/global/2011/08/thumbing-through-wikileaks-fresh-batch-diplomatic-cables/41659/" target="_blank">big dump</a> of additional cables, the big news that people are focused on is how a German newspaper <a href="http://www.washingtonpost.com/business/wikileaks-cables-possibly-released-by-accident/2011/08/29/gIQAfQHsnJ_story.html" target="_blank">found an encrypted file of all the cables</a> that apparently has no redactions at all, and has a password that is easy to find.  While the details aren't entirely clear, most of the evidence seems to suggest <a href="http://www.theatlanticwire.com/global/2011/08/signs-wikileaks-starting-crack/41827/" target="_blank">some sort of human error</a>, in placing the encrypted file online and then, later, accidentally releasing the password to the file.
<br /><br />
While it does seem like there's a fair bit of bad security and bad process on the part of Wikileaks, it does seem to be a little odd to pin the full blame on Wikileaks and various hacker groups as <a href="http://techcrunch.com/2011/08/28/unredacted-wikileaks-cables-found-online-probably-depressingly/" target="_blank">Paul Carr does here</a> in his story on the new file:
<blockquote><i>
In truth, it almost doesn&rsquo;t matter who is responsible: the eventual release of the unredacted cables was inevitable. The message of Wikileaks &mdash; and the amoral cult of leaking for lulz that came in its wake &mdash; has always been one of callous contempt for the human cost of &ldquo;free information&rdquo;. From Assange&rsquo;s well-publicised remarks to Guardian reporters that &ldquo;if [informants] get killed, they&rsquo;ve got it coming to them. They deserve it.&rdquo;, to LulSec [sic] and Anonymous&rsquo; willingness to publish the personal details of anyone even tangentially associated with their &lsquo;enemies&rsquo;, what we see time and time again from mass-leakers is a sociopath&rsquo;s disregard for individuals, combined with a Hollywood serial killer&rsquo;s hunger for attention. Sooner of later &mdash; for attention, to make some misguided political point, for the lulz &mdash; someone was bound to obtain and leak the raw documents.
</i></blockquote>
But all of this ignores where these documents came from originally.  These cables were apparently available to hundreds of thousands -- if not <i>millions</i> -- of people within the government if they wanted to look at them.  At that level of accessibility, it's not hard to realize that <i>lots</i> of people had these documents, and there's a fair likelihood that those working for foreign interests were able to get their hands on these documents long ago.  The only folks who didn't have them were the public.
<br /><br />
Now, I do disagree with the tactics that Anonymous and LulzSec tend to take (and, honestly, am still surprised that their attacks have been so effective).  But, that's mainly because I just don't think such things legitimately move issues forward.  Instead, they focus the discussion on the hacks, rather than the content of the hacks, and get people focused on what they believe to be a bunch of script kiddies (whether it's true or not).
<br /><br />
But I think it's a bit silly to blame their attitude and hackings for this release.  The documents and their details were almost certainly "available" to various foreign parties long before anyone leaked them to Wikleaks.  While this latest release certainly shows some serious process problems with Wikileaks (no surprise there), it's kind of amazing that people aren't pointing out that the much bigger security/process problem was at <i>the beginning of the chain</i>, in which the documents were available to so many different people without much security or protection in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20110829/15573015733/wasnt-real-security-problem-initial-leak-state-dept-cables-rather-than-latest-leak-those-same-cables.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110829/15573015733/wasnt-real-security-problem-initial-leak-state-dept-cables-rather-than-latest-leak-those-same-cables.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110829/15573015733/wasnt-real-security-problem-initial-leak-state-dept-cables-rather-than-latest-leak-those-same-cables.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>playing-the-blame-game</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110829/15573015733</wfw:commentRss>
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<item>
<pubDate>Thu, 7 Jul 2011 22:06:00 PDT</pubDate>
<title>Wikileaks Can Receive Visa &#038; Mastercard Donations Again... But Visa Doesn't Understand Why</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml</link>
<guid>http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml</guid>
<description><![CDATA[ Last week, Wikileaks and Datacell threatened to <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml">sue</a> Mastercard, Visa and Paypal if it didn't stop blocking payments to Wikileaks.  The claims were basically collusion charges, in that all of the major payment companies were blocking payments.  Things got strange today, however, when suddenly <a href="http://www.msnbc.msn.com/id/43674458" target="_blank">Datacell announced that payments worked again</a>, and clearly implied that the companies had lifted the blockade.   Except, Visa is insisting <a href="http://www.theatlanticwire.com/technology/2011/07/visa-says-its-still-not-processing-transactions-wikileaks/39705/" target="_blank">that it has not lifted its ban on Wikileaks</a> and has no idea how payments are getting through.  The details seem a bit sketchy.  Some careful wording by Datacell's CEO suggest that he really just found an alternative payment gateway provider, which likely means this is a very temporary loophole, before the payment companies block again.<br /><br /><a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>for-the-lulz?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110707/17335615002</wfw:commentRss>
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<item>
<pubDate>Tue, 5 Jul 2011 09:26:06 PDT</pubDate>
<title>WikiLeaks Planning Legal Action Against PayPal, MasterCard &amp; Visa</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml</link>
<guid>http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml</guid>
<description><![CDATA[ There hasn't been much talk lately over the fact that PayPal, MasterCard and Visa all <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">cut off</a> Wikileaks late last year, after the US government freaked out about the release of some State Department Cables.  None of the firms has done a very good job explaining why this makes sense (or why they continue to allow other groups, such as the KKK to receive funding, while singling out Wikileaks).  I'm sure those three firms, which took quite a public bashing when the news originally dropped, would prefer that there not be any more talk about it.  However, Wikileaks and the payment firm they used, DataCell, are apparently <a href="http://blogs.forbes.com/andygreenberg/2011/07/01/heres-the-legal-complaint-wikileaks-is-threatening-to-file-against-visa-mastercard/" target="_blank">planning to file a legal complaint</a> this week against all three firms in Europe.  A draft of the complaint, which was obtained by Andy Greenberg at Forbes (linked above and embedded below), claims that the three firms violated Articles 101 and 102 of the EU Treaty, effectively a form of antitrust law.  While I tend to think many antitrust claims are merely attacks on successful companies, this seems like a case where they could make sense.  Here you have basically the only three ways for most people to transfer money easily, all agreeing to block a single (small) client from receiving money, despite no legal ruling against the operation (hell, charges haven't even been filed).  It certainly would make for an interesting case.<br /><br /><a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>thought-this-would-go-away?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110705/02213614966</wfw:commentRss>
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<item>
<pubDate>Wed, 15 Jun 2011 13:31:00 PDT</pubDate>
<title>ACLU Drags The State Department To Court For Its Failure To Declassify Publicly Available Documents</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml</link>
<guid>http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml</guid>
<description><![CDATA[ Of all the spectacle surrounding the Wikileaks/Cablegate situation, nothing has proven to be more bizarre than the U.S. government's actions and policies concerning the continued classification of the leaked cables. One of its first efforts was <a href="http://www.techdirt.com/articles/20101221/04022512360/us-government-seeks-willful-denial-software-that-will-block-wikileaks-data-federal-employees.shtml" target="_blank">its patented &quot;escalating response&quot;</a>, in which it first blocked off the Wikileaks site, followed by <a href="http://www.techdirt.com/articles/20101206/17104312150/defense-department-blocking-any-website-with-wikileaks-title.shtml" target="_blank">any site with the word Wikileaks in the title</a> and, when this didn't seem to be burying its employees' heads in the sand quickly enough, it reached out to various security firms to see if they could build some sort of Wikileaks filtering system for its computers.
<br /><br />
Things turned even more surreal when lawyers for Guantanamo detainees were <a href="http://www.techdirt.com/articles/20110427/01185514052/lawyers-guantanamo-detainees-not-allowed-to-look-important-leaked-evidence.shtml" target="_blank">not allowed to view</a> leaked documents that had been published online by various news services. When is public information not truly &quot;public?&quot; Well, when it's &quot;classified,&quot; of course. Had the principles not been currently fighting a legal battle in a U.S. court, they could have joined the rest of the U.S. (and the world) in reading and using these leaked documents.
<br /><br />
In the business world, if a document is considered secret, it's commonly accepted that if it becomes public by other means, those with a contractual obligation not to discuss are now free from their obligations.  This makes sense.  Pretending that documents that are publicly available for all and which have been widely discussed in the press are not "public" doesn't make sense.
<br /><br />
With a recently filed lawsuit against the State Department, the ACLU hopes to bring this legal catch-22 to its illogical conclusion and make publicly published documents <em>officially</em> public. Andy Greenberg (Forbes) <a href="http://blogs.forbes.com/andygreenberg/2011/06/09/aclu-sues-the-state-department-to-declassify-wikileaks-already-published-cables/#more-3427" target="_blank">explains the ACLU's rationale</a>:
<blockquote>
<em>Given that all those memos have already been covered by the news media, why bother to declassify them anyway? &quot;The point is to expose the legal fiction that the secrecy system rests on,&quot; says Ben Wizner, a staff attorney for the ACLU. &quot;The government uses this formality of secrecy to avoid having to answer for real violations of the law.&quot;
<br /><br />
Wizner says that keeping the documents classified makes them much more difficult to use in courts, for instance, and allows the government to avoid confirming their authenticity.
<br /><br />
The files that WikiLeaks released on Guantanamo detainees in April, for example, can&rsquo;t be used by the defense lawyers for those prisoners unless they&rsquo;re viewed in a secure government facility. &ldquo;Government employees can&rsquo;t read the New York Times. When I go to court in a real lawsuit seeking to get compensation for a victim&rsquo;s ordeal and hold people liable, I can&rsquo;t use this information,&rdquo; Wizner says.</em>
</blockquote>
This should prove to be an alternately infuriating and entertaining case. There's going to be a whole lot of circular reasoning in play, all of it under the pretense of protecting state secrets that everyone already knows. The sad part is that taxpayers will be footing the bill for the government's last-ditch attempt to close several barn doors, while warily keeping an eye on all the free-roaming horses.<br /><br /><a href="http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110614/18142414697/aclu-drags-state-department-to-court-its-failure-to-declassify-publicly-available-documents.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>joseph-heller's-coffin-clocked-at-over-7,200-rpm</slash:department>
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<pubDate>Mon, 13 Jun 2011 05:35:59 PDT</pubDate>
<title>Former Obama Advisor Says Wikileaks Is Wonderful For The US Government</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110609/22592614648/former-obama-advisor-says-wikileaks-is-wonderful-us-government.shtml</link>
<guid>http://www.techdirt.com/articles/20110609/22592614648/former-obama-advisor-says-wikileaks-is-wonderful-us-government.shtml</guid>
<description><![CDATA[ While the White House seems to be doing whatever it possibly can to try to <a href="http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml">file charges</a> against folks involved in Wikileaks, a former Obama adviser is <a href="http://www.computerworld.com.au/article/389459/wikileaks_boon_us_government_former_obama_campaign_adviser/" target="_blank">talking up how wonderful Wikileaks has been for the US government</a>, in that it's helped people understand the "challenges" the US faces.  Mike Nelson who at one point was White House director for technology policy on IT says that the US government shouldn't hate Wikileaks for the release of all those State Department documents:
<blockquote><i>
&ldquo;The US diplomats actually came out looking pretty good because the same thing they were saying in private was the same thing they were saying in public," he said.
<br><br>
"The data that was divulged provided a lot of the justification for policies that the US government had been undertaking for years."
<br><br>
Nelson said that the President of Iran, Mahmoud Ahmadinejad, held a press conference to denounce WikiLeaks as a fraud because of leaked cables describing meetings between US ambassadors and heads of state in Oman, Kuwait, Bahrain and Saudi Arabia.
<br><br>
"Memo after memo said, 'The head of state reports that the guy across the [Persian] Gulf is crazy and they want the US government to do something about Mahmoud Ahmadinejad'," Nelson said.
<br><br>
"In public the heads of state would never say that, which was why Ahmadinejad concluded the memos were fake because he thought he was well-loved by his Arab brothers.
<br><br>
"Releasing this information is giving people a better understanding of the challenges that [US] foreign policy makers face." 
</i></blockquote>
Later, he said that he hoped such revelations from Wikileaks would lead to more open discussions by governments, rather than trying to keep everything secret.
<blockquote><i>
"If there is a corrupt official taking million dollar bribes from the Russians, maybe that should be public knowledge rather than hidden in a WikiLeaks cable?" he said.
</i></blockquote>
I assume he meant a State Department cable, but the point makes a lot of sense.  Too bad so few people in government seem to agree.<br /><br /><a href="http://www.techdirt.com/articles/20110609/22592614648/former-obama-advisor-says-wikileaks-is-wonderful-us-government.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110609/22592614648/former-obama-advisor-says-wikileaks-is-wonderful-us-government.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110609/22592614648/former-obama-advisor-says-wikileaks-is-wonderful-us-government.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-only-he-would-tell-Obama-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110609/22592614648</wfw:commentRss>
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<pubDate>Thu, 9 Jun 2011 13:25:12 PDT</pubDate>
<title>White House Ramps Up Efforts To Criminalize Wikileaks, As Witnesses Refuse To 'Cooperate'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml</link>
<guid>http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml</guid>
<description><![CDATA[ We've discussed a few times how, despite all the promises of transparency and protection for whistleblowers from President Obama, the Obama administration has been by far <a href="http://www.techdirt.com/articles/20110120/02542812739/daniel-ellsberg-others-discuss-serious-implications-wikileaks.shtml">the most aggressive</a> presidential administration in going after leakers and trying to charge them with crimes.  So it was little surprise that the feds were putting tremendous <a href="http://www.techdirt.com/articles/20101217/04493912319/so-after-torturing-bradley-manning-months-us-officials-offer-him-deal-if-he-says-assange-conspired-with-him.shtml">pressure</a> on folks like Bradley Manning to admit to a "conspiracy" involving Wikileaks.  Manning <a href="http://www.techdirt.com/articles/20110125/12410812818/us-investigators-cant-find-any-direct-connection-between-manning-assange.shtml">refused</a> to play along, so now the feds are <a href="http://www.salon.com/news/opinion/glenn_greenwald/2011/06/09/wikileaks?" target="_blank">broadly widening their investigation</a>, issuing all sorts of random subpoenas on people with very, very distant relations to Wikileaks, seeking something (anything!) that can be used to bring charges under the Espionage Act.
<br /><br />
Meanwhile, many who are being called as witnesses are refusing to participate, and may face jailtime themselves:
<blockquote><i>
But it also highlights a very important potential controversy: the refusal of numerous witnesses to cooperate in any way with this pernicious investigation.  One witness who has appeared before the Grand Jury has already refused to answer any questions beyond the most basic biographical ones (name and address), invoking the Fifth Amendment right against self-incrimination to do so, and other witnesses are highly likely to follow suit.  
<br /><br />
One option for federal prosecutors when facing a witness who refuses to answer questions on this basis is to offer them immunity, meaning that nothing they say when testifying can be used to prosecute them (they can still be prosecuted, just not with the aid of anything they say while testifying).  Such an offer then precludes further invocations of the self-incrimination privilege as a grounds for refusing to answer questions, as it means there is no longer any danger that the witness could incriminate themselves by testifying.  In the event the government makes such an offer, the court would almost certainly compel the witness to answer questions.  But at least some of those witnesses -- ones who have already been subpoenaed or are likely to be -- intend to refuse to answer questions anyway, risking an almost-certain finding of contempt of court, which typically carries jail terms as a means of forcing testimony.
<br /><br />
One witness or potential witness who is considering that form of civil disobedience told me they view the attempt to criminalize WikiLeaks as such a profound assault on basic freedoms, including press freedoms -- one motivated by a desire to conceal government wrongdoing and illegality -- that they would rather be imprisoned than cooperate in any way with those efforts. That is the mindset of true principled heroism, and if it actually comes to that, anyone committed to transparency and preservation of press freedoms should do everything possible to support such persons in any way they can...
</i></blockquote>
This whole thing seems like a massive waste of resources by the Administration, seeking to punish whistleblowers and the press for revealing information that wasn't sensitive, but merely embarrassing.<br /><br /><a href="http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110609/11090814639/white-house-ramps-up-efforts-to-criminalize-wikileaks-as-witnesses-refuse-to-cooperate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-the-new-transparency?</slash:department>
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<pubDate>Mon, 23 May 2011 06:46:31 PDT</pubDate>
<title>ACLU And EFF Want To Find Out Who Rolled Over When Gov't Came Calling For Info About Wikileaks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110521/10065214370/aclu-eff-want-to-find-out-who-rolled-over-when-govt-came-calling-info-about-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20110521/10065214370/aclu-eff-want-to-find-out-who-rolled-over-when-govt-came-calling-info-about-wikileaks.shtml</guid>
<description><![CDATA[ While there's been plenty of attention paid to the US government's attempt, using a 2703(d) order (sorta like a subpoena, but not quite), to <a href="http://www.techdirt.com/articles/20110107/16134312575/feds-subpoena-twitter-info-wikileaks-supporting-icelandic-politician.shtml">get info</a> from Twitter on certain users who had a connection to Wikileaks, one of things that we pointed out at the time was the only reason we knew about the orders to Twitter was because Twitter fought the order.  We wondered <a href="http://www.techdirt.com/articles/20110110/01084212585/kudos-to-twitter-not-just-rolling-over-when-us-govt-asked-info.shtml">who else received such orders</a> and just rolled over and handed over the data.
<br /><br />
It appears that the ACLU and the EFF are asking the same question.
<br /><br />
While (of course) it would appear that such info is being kept totally secret by the US government, those two organizations scanned the case numbers to determine that it appears four other similar orders were issued at the same time as Twitter's order -- and <a href="http://www.wired.com/threatlevel/2011/05/wikileaks-aclu/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">they'd like to know who those orders went to</a>, in order to defend the users' right to privacy.   The argument seems pretty sound here.  Since these users are currently fighting the government's attempt to have Twitter hand over their info, shouldn't they have the right to fight against other services handing over their info?
<br /><br />
Of course, the end result of this will almost certainly be a revelation of which four online services simply rolled over rather than defending their users' rights.  Anyone want to take guesses as to who's on that list?<br /><br /><a href="http://www.techdirt.com/articles/20110521/10065214370/aclu-eff-want-to-find-out-who-rolled-over-when-govt-came-calling-info-about-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110521/10065214370/aclu-eff-want-to-find-out-who-rolled-over-when-govt-came-calling-info-about-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110521/10065214370/aclu-eff-want-to-find-out-who-rolled-over-when-govt-came-calling-info-about-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>who-didn't-protect-its-users</slash:department>
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<pubDate>Fri, 6 May 2011 06:03:31 PDT</pubDate>
<title>WSJ Launches Wikileaks Competitor... But Says It Can Reveal Your Info To Law Enforcement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110506/00362014173/wsj-launches-wikileaks-competitor-says-it-can-reveal-your-info-to-law-enforcement.shtml</link>
<guid>http://www.techdirt.com/articles/20110506/00362014173/wsj-launches-wikileaks-competitor-says-it-can-reveal-your-info-to-law-enforcement.shtml</guid>
<description><![CDATA[ With all the focus on Wikileaks recently, and the question of whether it is or is not "press" (not that it <a href="http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml">actually matters</a>), one point that I've heard more than a few people raise is: why didn't any of the big news organizations create Wikileaks?  It seems like a no-brainer, but they didn't.  Of course, with the attacks on Wikileaks itself (and it is an organization with flaws, clearly), we've seen a number of alternative platforms for leaking information spring up, and now <a href="http://www.theatlantic.com/technology/archive/2011/05/the-wall-street-journal-launches-a-wikileaks-competitor-safehouse/238421/" target="_blank">The Wall Street Journal has entered the game with a platform it's calling SafeHouse</a>.
<br><br>
Now, it's <i>great</i> that the Wall Street Journal has decided to get into the game, and one would hope that other newspapers will set up similar secure and protected dropboxes for information.  But... there are some serious problems with the WSJ's implementation.  First of all, the terms of service basically say that you <a href="http://m.gawker.com/5799112/" target="_blank">shouldn't expect them to protect your anonymity at all</a>:
<blockquote><i>
"Except when we have a separately negotiated confidentiality agreement&hellip; we reserve the right to disclose any information about you to law enforcement authorities or to a requesting third party, without notice, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect the property or rights of Dow Jones or any affiliated companies, and to safeguard the interests of others."
</i></blockquote>
In other words, if you leak to the WSJ and the government wants to know who you are, the WSJ is going to tell the government.  Apparently, the WSJ doesn't think too highly of the concept of journalistic shields for sources.
<Br><Br>
Separately, researchers, including Jacob Appelbaum are pointing to <a href="http://blogs.forbes.com/andygreenberg/2011/05/05/researchers-say-wsjs-wikileaks-copycat-is-full-of-holes/" target="_blank">numerous security flaws</a> in Safehouse's implementation that could also reveal someone's identity, despite promises of anonymity.
<br><br>
Hopefully, the WSJ is willing to admit that it hadn't necessarily thought through all the implications, and will fix these problems quickly.<br /><br /><a href="http://www.techdirt.com/articles/20110506/00362014173/wsj-launches-wikileaks-competitor-says-it-can-reveal-your-info-to-law-enforcement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110506/00362014173/wsj-launches-wikileaks-competitor-says-it-can-reveal-your-info-to-law-enforcement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110506/00362014173/wsj-launches-wikileaks-competitor-says-it-can-reveal-your-info-to-law-enforcement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-good</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110506/00362014173</wfw:commentRss>
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<pubDate>Wed, 4 May 2011 13:02:15 PDT</pubDate>
<title>Hillary Clinton: We Want Journalism Innovation That Makes Info Easier To Share... Unless It's Wikileaks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110504/11565314142/hillary-clinton-we-want-journalism-innovation-that-makes-info-easier-to-share-unless-its-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20110504/11565314142/hillary-clinton-we-want-journalism-innovation-that-makes-info-easier-to-share-unless-its-wikileaks.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/#!/jeffsonderman/statuses/65741784428462080" target="_blank">Jeff Sonderman</a> points us to the odd statement put out by Hilary Clinton and the State Department for World Press Freedom Day, in which she <a href="http://www.state.gov/secretary/rm/2011/05/162507.htm" target="_blank">praises the internet for making info easier to share and for holding governments accountable</a>:
<blockquote><i>
We have all witnessed the power that this surge in connectivity can have in shaping society and holding governments accountable. New media empowers individuals around the world to share information and express opinions in ways unimaginable just ten years ago.
<br /><br />
Even as we celebrate innovations that make information easier to share, we are reminded that in many places around the world, journalists are still targeted for harassment and abuse, and are sometimes killed. Today, we remember that journalism is a calling of everyday heroes. We must continue to stand up for those who speak out in perilous circumstances as they pursue, record, and report the truth.
</i></blockquote>
And yet, all of this is occurring at the same time that the State Department has continued to condemn Wikileaks and has supported the treatment of folks like Bradley Manning.  He doesn't qualify as someone who decided to "speak out in perilous circumstances" as he tried to "pursue, record and report the truth?"<br /><br /><a href="http://www.techdirt.com/articles/20110504/11565314142/hillary-clinton-we-want-journalism-innovation-that-makes-info-easier-to-share-unless-its-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110504/11565314142/hillary-clinton-we-want-journalism-innovation-that-makes-info-easier-to-share-unless-its-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110504/11565314142/hillary-clinton-we-want-journalism-innovation-that-makes-info-easier-to-share-unless-its-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>tone-deaf</slash:department>
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