Wednesday, August 21, 2013

The Guardian Incident

[S]ince this is 2013, not 1958, destroying one set of a newspaper's documents doesn't destroy them all, and since the Guardian has multiple people around the world with copies, they achieved nothing but making themselves look incompetently oppressive.

But conveying a thuggish message of intimidation is exactly what the UK and their superiors in the US national security state are attempting to accomplish with virtually everything they are now doing in this matter.

[...]

[T]he US and the UK governments go around the world threatening people all the time. It's their modus operandi. They imprison whistleblowers. They try to criminalize journalism. They threatened the Guardian with prior restraint and then forced the paper to physically smash their hard drives in a basement. They detained my partner under a terrorism law, repeatedly threatened to arrest him, and forced him to give them his passwords to all sorts of invasive personal information - behavior that even one of the authors of that terrorism law says is illegal, which the Committee for the Protection of Journalists said yesterday is just "the latest example in a disturbing record of official harassment of the Guardian over its coverage of the Snowden leaks", and which Human Rights Watch says was "intended to intimidate Greenwald and other journalists who report on surveillance abuses." And that's just their recent behavior with regard to press freedoms: it's to say nothing of all the invasions, bombings, renderings, torture and secrecy abuses for which that bullying, vengeful duo is responsible over the last decade.

  Glenn Greenwald
Including an attack on a hotel in Iraq where journalists were staying, resulting in the deaths of several journalists, and a direct attack on an al Jazeera office resulting in the death of a cameraman.
If the goal of the UK in detaining my partner was - as it now claims - to protect the public from terrorism by taking documents they suspected he had (and why would they have suspected that?), that would have taken 9 minutes, not 9 hours. Identically, the UK knew full well that forcing the Guardian UK to destroy its hard drives would accomplish nothing in terms of stopping the reporting: as the Guardian told them, there are multiple other copies around the world. The sole purpose of all of that, manifestly, is to intimidate.
And just so you know, don’t discuss your secrets in a room with windows or plastic cups.
The same two senior officials who had visited the Guardian the previous month returned with the message that patience with the newspaper's reporting was wearing out.

They expressed fears that foreign governments, in particular Russia or China, could hack into the Guardian's IT network. But the Guardian explained the security surrounding the documents, which were held in isolation and not stored on any Guardian system.

However, in a subsequent meeting, an intelligence agency expert argued that the material was still vulnerable. He said by way of example that if there was a plastic cup in the room where the work was being carried out foreign agents could train a laser on it to pick up the vibrations of what was being said. Vibrations on windows could similarly be monitored remotely by laser.

[...]

The Guardian's lawyers believed the government might either seek an injunction under the law of confidence, a catch-all statute that covers any unauthorised possession of confidential material, or start criminal proceedings under the Official Secrets Act.

Either brought with it the risk that the Guardian's reporting would be frozen everywhere and that the newspaper would be forced to hand over material.

"I explained to British authorities that there were other copies in America and Brazil so they wouldn't be achieving anything," Rusbridger said. "But once it was obvious that they would be going to law I preferred to destroy our copy rather than hand it back to them or allow the courts to freeze our reporting."

Any such surrender would have represented a betrayal of the source, Edward Snowden, Rusbridger believed. The files could ultimately have been used in the American whistleblower's prosecution.

[...]

Furthermore the computer records could be analysed forensically to yield information on which journalists had seen and worked with which files.

Rusbridger took the decision that if the government was determined to stop UK-based reporting on the Snowden files, the best option was destroy the London copy and to continue to edit and report from America and Brazil. Journalists in America are protected by the first amendment, guaranteeing free speech.

  Guardian
We still have the First Amendment? It’s on its deathbed if we do. We knew it was in bad shape when the country adopted “Free Speech Zones” during the reign of George the W.

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