Snowden Explains How The Espionage Act Unfairly Stacks The Deck Against Reality Winner

from the snowden-supports-reality dept

There's been plenty of talk about the rapid arrest of Reality Winner (and, yes, people are still baffled that a real person is named this) and the fact that the tracking dots on printers may have helped track her down (along with the fact that she was one of only a few people who had recently touched that document). Fewer seem to have focused on the details in the leak, about how the Russians quite likely hacked e-voting vendors to a much deeper level than suspected. That seems like really important information for the public to understand -- especially for those of us who have been screaming from the mountaintops for years about the lack of security in e-voting machines.

In short: this certainly feels like a completely justifiable leak to better inform the public of something important, and done in a way that is unlikely to harm any national security efforts or assets. It seems to fit right in with the whistleblowing tradition of other leakers. And, yet, Reality Winner is charged under the Espionage Act. And, as we've also discussed for years, the Espionage Act explicitly blocks people from using the public interest or whistleblowing as a defense. Such information is simply inadmissable.

As Ed Snowden has now pointed out in response to the charges against Winner, this remains a huge threat to a free press.

Winner is accused of serving as a journalistic source for a leading American news outlet about a matter of critical public importance. For this act, she has been charged with violating the Espionage Act—a World War I era law meant for spies—which explicitly forbids the jury from hearing why the defendant acted, and bars them from deciding whether the outcome was to the public's benefit. This often-condemned law provides no space to distinguish the extraordinary disclosure of inappropriately classified information in the public interest—whistleblowing—from the malicious disclosure of secrets to foreign governments by those motivated by a specific intent to harm to their countrymen.

The prosecution of any journalistic source without due consideration by the jury as to the harm or benefit of the journalistic activity is a fundamental threat to the free press. As long as a law like this remains on the books in a country that values fair trials, it must be resisted.

Indeed. There are many arguments that this aspect of the Espionage Act is unconstitutional -- but that hasn't been tested in court, and it may never get tested in court. Even if it does, you never know how judges might rule. But it does seem quite problematic that a law that is explicitly designed to deal with literal spies sending information privately to our enemies is now regularly applied against whistleblowers releasing information for the public's benefit.

Filed Under: ed snowden, espionage act, free press, free speech, leakers, reality winner, whistleblowers


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  1. identicon
    Anonymous Coward, 7 Jun 2017 @ 3:10pm

    Re: Re: Re: New record?

    Well. Mr. Reagan is remebered for a lot of things he didn't do and a few things he did. Our memories play tricks on us at times and "the good ol' times" may not be so jolly if you really think about it.

    It is so much easier to run a campaign on something you are against than something you are for. If you are for something you have to defend it and be realistic, while if you are against, pff screw realism and defence, you can say whatever the beep you want...

    That is why the campaigns are always run in opposition. What happens when people are in office: They usually learn how things work and use the system around them to their advantage.

    Trump is an oddball with very little sense of what reality is, apart from what he says it is. He seems to rule by the oldschool "might makes right" and "he who rules the future controls the past" as the dictators in good old history.

    The problem for this Erdogan-type of inflated ego is that he will be under constant attack from the courts, the congress and foreign leaders the rest of his time in office to bend over. What is even worse: Such an ego is easy to manipulate as long as you understand how to manipulate it. While the song and dance may be as nationalistic as ever for the dear leader, the results will be a lot worse than needed.

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