Download (3126Kb)

Total Page:16

File Type:pdf, Size:1020Kb

Download (3126Kb) A Thesis Submitted for the Degree of PhD at the University of Warwick Permanent WRAP URL: http://wrap.warwick.ac.uk/136497 Copyright and reuse: This thesis is made available online and is protected by original copyright. Please scroll down to view the document itself. Please refer to the repository record for this item for information to help you to cite it. Our policy information is available from the repository home page. For more information, please contact the WRAP Team at: [email protected] warwick.ac.uk/lib-publications UNAUTHORISED DISCLOSURES: US National Security Whistleblowers and Leakers, 1970-2017 Melina Joy Dobson LLB Law with German Law, University of Surrey MA International Security, University of Warwick A thesis submitted in Partial fulfilment of the reQuirements for the degree of Doctor of Philosophy in Politics and International Studies Politics and International Studies DePartment University of Warwick January 2019 - 2 - Dobson Table of Contents Table of Contents ..................................................................................... 2 Tables ......................................................................................... 6 List of Abbreviations ................................................................................ 7 Acknowledgements ............................................................................... 10 Declaration ....................................................................................... 11 Abstract ....................................................................................... 13 Introduction ....................................................................................... 14 The Central Research Puzzle ....................................................................... 23 Central Research Question: Agency with Agencies? ................................... 24 Contributions to Knowledge ....................................................................... 30 Analytical Framework ................................................................................. 31 Table 1: Gill and Phythian’s ‘Map for Theorizing and Researching Intelligence’ ................................................................................................ 34 Conceptual Model ....................................................................................... 36 Unpacking the Whistleblower Issue ........................................................... 39 Whistleblowers: A Part of the Accountability Landscape? ......................... 50 Research Methods ...................................................................................... 54 Thesis Outline and Case Studies ................................................................. 59 Chapter 1 The Literature Review .............................................. 63 A Power Paradigm: Secrecy vs. Transparency ............................................ 68 Landscapes of Public Accountability and Oversight .................................... 79 Morality, Ethics and the Human Condition ................................................. 83 The Whistleblower’s Dilemma ............................................................ 85 The Nature of Whistleblowing ............................................................ 87 The Organisation ................................................................................. 90 - 3 - Dobson The Story of the Insider: ‘Publish and be Damned’ .................................... 90 Autobiographies .................................................................................. 91 Biographers, Historians and Journalists .............................................. 94 How-to Guides .................................................................................... 96 Conclusion .................................................................................................. 98 PART I: 1970s ................................................................................................ 101 Chapter 2 Cold War Dissidents .............................................. 102 Dan Ellsberg (1971) ................................................................................... 113 Stage One: The Insider ...................................................................... 118 Stage Two: Sleepless Nights .............................................................. 120 Stage Three: Outrage ........................................................................ 121 Philip Agee (1975) ..................................................................................... 123 Stage One: Inside the Company ........................................................ 125 Stage Two: A Security Risk ................................................................ 127 Stage Three: Judas ............................................................................ 132 Frank Snepp (1976) ................................................................................... 133 Stage One: Poster Boy ...................................................................... 135 Stage Two: A ‘Decent Interval’ .......................................................... 138 Stage Three: The Whipping Boy ........................................................ 140 Conclusion ................................................................................................ 143 PART II: 1990s ....................................................................................... 145 Chapter 3 A Game of Politics ................................................. 146 DCI Robert Gates and the CIA ................................................................... 149 Melvin Goodman (1991) ........................................................................... 155 Stage One: Going Against the Grain .................................................. 157 Stage Two: The ‘Revolution’ ............................................................. 159 Stage Three: Moving On ................................................................... 162 Glaudemans (1991) ................................................................................... 163 Stage One: Summoned ..................................................................... 164 - 4 - Dobson Stage Two: No Way Out .................................................................... 166 Stage Three: No Comment! .............................................................. 167 Conclusion ................................................................................................ 168 PART III: 2000s .............................................................................................. 171 Chapter 4 WikiLeaks and Chelsea Manning: ‘The Fog of War’ . 172 WikiLeaks (2006): Is it a journalist? Is it a lawyer? No, it’s WikiLeaks ...... 178 WikiLeaks and Secrecy .............................................................................. 182 WikiLeaks and Insider: A Legal Examination ............................................. 185 Chelsea Manning (2010): A Soldier ........................................................... 190 WikiLeaks and Manning: Stories Intertwined ........................................... 192 Stage One: Born this Way ................................................................. 192 Stage Two: Perfect Illusion ................................................................ 196 The Iraq and Afghan War Logs ...................................................... 197 The ‘10REYKJAVIK13’ Disclosures ................................................. 198 The ‘12 July 2007 – Air Weapons Team (AWT) video’ aka ‘Collateral Murder’ ......................................................................................... 199 Stage Three: Applause ...................................................................... 201 Conclusion ................................................................................................ 204 Chapter 5 ‘The Program’: The War Inside the Agency ............. 207 The Story of SARC at NSA: Bill Binney, Kirk Wiebe, Ed Loomis and Diane Roark ......................................................................................................... 214 Stage One: The Overpriced Competition .......................................... 218 Stage Two: A Team Effort ................................................................. 221 Stage Three: Falsely Accused ............................................................ 223 Thomas Drake (2011) ................................................................................ 229 Stage One: The Patriot ...................................................................... 230 Stage Two: The End of a Tether ........................................................ 232 Stage Three: Marked ......................................................................... 233 Conclusion ................................................................................................ 235 - 5 - Dobson PART IV: A SPECIAL CASE .............................................................................. 237 Chapter 6 A Catch-22: How do you solve a problem like Edward Snowden? ..................................................................................... 238 Stage One: Potential Whistleblower ................................................. 244 Stage Two: The Leak ......................................................................... 254 Stage Three: The Aftermath .............................................................. 271 Conclusion
Recommended publications
  • The Potential of Leaks: Mediation, Materiality, and Incontinent Domains
    THE POTENTIAL OF LEAKS: MEDIATION, MATERIALITY, AND INCONTINENT DOMAINS ALYSSE VERONA KUSHINSKI A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN COMMUNICATION AND CULTURE YORK UNIVERSITY TORONTO, ONTARIO AUGUST 2019 © Alysse Kushinski, 2019 ABSTRACT Leaks appear within and in between disciplines. While the vernacular implications of leaking tend to connote either the release of texts or, in a more literal sense, the escape of a fluid, the leak also embodies more poetic tendencies: rupture, release, and disclosure. Through the contours of mediation, materiality, and politics this dissertation traces the notion of “the leak” as both material and figurative actor. The leak is a difficult subject to account for—it eludes a specific discipline, its meaning is fluid, and its significance, always circumstantial, ranges from the entirely banal to matters of life and death. Considering the prevalence of leakiness in late modernity, I assert that the leak is a dynamic agent that allows us to trace the ways that actors are entangled. To these ends, I explore several instantiations of “leaking” in the realms of media, ecology, and politics to draw connections between seemingly disparate subjects. Despite leaks’ threatening consequences, they always mark a change, a transformation, a revelation. The leak becomes a means through which we can challenge ourselves to reconsider the (non)functionality of boundaries—an opening through which new possibilities occur, and imposed divisions are contested. However, the leak operates simultaneously as opportunity and threat—it is always a virtual agent, at once stagnant and free flowing.
    [Show full text]
  • Magistrate Brings Another Pre-Written Judgement to Assange’S Hearing
    COURAGE EDITION To Chelsea Week l y Leaks Monday 21st September 2020 FREE Follow Assange’s extradition WikiLeaks pioneered secure submission hearing coverage live at systems for journalism Page 4 defend.WikiLeaks.org Tortured for revealing Assange could die in war crimes Supermax prison in the when and in the interest of whom? Old Bailey on September 7th, and is U.S. for journalism Editorial When the laws of exception are the expected to last until October 2nd. rule, does justice become an excep- Expert witnesses have given elements What is journalism? What is jour- tion? What happens when crucial of answers to these questions through Assange’s extradition nalism’s duty and to whom? Who information returns to the public thoroughly researched, engaging is and isn’t a journalist, and who domain, thanks to the dedication of testimonies — some of which can be decides that? What is a political opin- journalists, whistleblowers and indi- found in this issue of WeeklyLeaks. will create a precedent ion and who is allowed to have one? viduals? And what if we end up living Hanging in the courtroom, with What protects the right to inform, be in a world where there are no such the fate of the WikiLeaks founder, is affecting all journalists in informed and express one’s opinion? people left, to speak truth to power? the fate of us all. Who decides what state and corpo- Those are some key questions So stay informed and join the the U.K. and worldwide rate secrets should be revealed to at the heart of Julian Assange’s extra- fight against the extradition
    [Show full text]
  • The NAMTA Journal
    The NAMTA Journal Back To The Future Volume 45. Number 1 May 2021 Molly OʼShaughnessy Jacqui Miller Kimberlee Belcher-Badal Ph.D. Robyn MilosGregory MacDonald Jennifer ShieldsJacquie Maughan Lena WikramaratneAudrey Sillick Gerard Leonard Kathleen Allen Jim RobbinsDeborah Bricker Dr. Maria Montessori Mario M. Montessori A.M. Joosten Mary Black Verschuur Ph.D. John McNamara David Kahn TABLE OF CONTENTS BACK TO THE FUTURE:WHY MONTESSORI STILL MATTERS …………..………….…….7 Molly O’Shaughnessy THE RETURN TO SCIENTIFIC PEDAGOGY: EMBRACING OUR ROOTS AND RESPONSIBILITIES……………………………………………………………………….33 Jacqui Miller and Kimberlee Belcher-Badal Ph.D. IN REMEMBRANCE………………………………..……………..……………………...53 Deborah Bricker TRIBUTE TO ANNETTE HAINES…………………..……………..……………………....56 Robyn Milos TRIBUTE TO KAY BAKER………………………..……………..…………………….... 59 Gregory MacDonald TRIBUTE TO JOEN BETTMANN………………..………………..………………………..62 Jennifer Shields GUIDED BY NATURE…………….…………..………….……..………………………..66 Jacquie Maughan THE CHILD IN THE WORLD OF NATURE…….………..…………………………..69 Lena Wikramaratne SOWING THE SEEDS OF SCIENCE:OUR GIFT TO THE FUTURE…………………...78 Audrey Sillick EXPERIENCES IN NATURE:RESOLUTE SECOND-PLANE DIRECTIONS……….……...88 TOWARD ERDKINDER Gerard Leonard and Kathleen Allen 2 The NAMTA Journal • Vol. 44, No. 1 • Winter 2020 ECOPSYCHOLOGY:HOW IMMERSION IN NATURE AFFECTS YOUR HEALTH……….107 TOWARD ERDKINDER Jim Robbins SILENCE AND LISTENING ……………………..………………...……..………….…….115 Gerard Leonard ABOUT THE IMPORTANCE AND THE NATURE OF THE SILENCE GAME…………………………………..………………...………………….. 117
    [Show full text]
  • Table of Contents Acknowledgements
    The Data Privacy/National Security Balancing Paradigm as Applied In The U.S.A. and Europe: Achieving an Acceptable Balance Paul Raphael Murray, B.A. H.Dip in Ed. LL.B. LL.M Ph.D. (NUI) Submitted for the Degree of Doctor in Philosophy at Trinity College, Dublin School of Law August 2017 Declaration and Online Access I declare that this thesis has not been submitted as an exercise for a degree at this or any other university and it is entirely my own work. I agree to deposit this thesis in the University’s open access institutional repository or allow the library to do so on my behalf, subject to Irish Copyright Legislation and Trinity College Library conditions of use and acknowledgement. Paul Raphael Murray Acknowledgements I would like to record my thanks to my Supervisor, Professor Neville Cox, School of Law, and Dean of Graduate Studies, Trinity College, Dublin, for his help and guidance. i ii Abstract The Data Privacy/National Security Balancing Paradigm as Applied In The U.S.A. and Europe: Achieving an Acceptable Balance Paul Raphael Murray The overall research question addressed in this thesis is the data privacy/national security balancing paradigm, and the contrasting ways in which this operates in Europe and the U.S. Within this framework, the influences causing the balance to shift in one direction or another are examined: for example, the terrorist attacks on two U.S. cities in 2001 and in various countries in Europe in the opening decade of the new millennium, and the revelations by Edward Snowden in 2013 of the details of U.S.
    [Show full text]
  • Case 6:12-Cv-01354-MC Document 1 Filed 07/26/12 Page 1 of 8
    Case 6:12-cv-01354-MC Document 1 Filed 07/26/12 Page 1 of 8 FILED 26 JUL '12 t3rl31JSDG·OR£ UNITED STATES DISTRICT COURT THE DISTRICT OF OREGON EUGENE DIVISION Diane Roark, Plaintiff v. Violations of Constitutional Rights Return ofProperty, Rule 41(g) United States, Defendant. ... oOo ... COMPLAINT Parties 1. Plaintiff Diane Roark, filingpro se, resides in Stayton, Oregon and is a citizen of the United States. 2. The Defendant is the United States, due to actions and omissions by the National Security Agency (NSA), headquartered at Ft. George G. Meade, Maryland, and the Federal Bureau oflnvestigation (FBI) and Department of Justice (DOJ), each headquartered in Washington, D.C. Jurisdiction 3. Plaintiffs property was seized by the FBI from her residence in Stayton, Oregon, in Marion County, which falls under jurisdiction of the Eugene Division. Plaintiff was removed for improper venue from a Rule 41 (g) lawsuit filed by five parties in the United States District Court of Maryland, and was notified that the proper venue in her case is the United States District Court of Oregon. Wiebe et al. v National Security Agency et al., Roark v U.S. 1 ( Case 6:12-cv-01354-MC Document 1 Filed 07/26/12 Page 2 of 8 Civil Case No. RDB-11-3245. Facts 4. Plaintiff was employed at the House Permanent Select Committee on Intelligence, and was responsible for oversight ofNSA's operations and budget for the five years before her retirement in April, 2002. Plaintiff was suspected of providing classified government information about "warrantless wiretaps" to the New York Times (NYT), and to NYT reporter James Risen for a book on the same topic, published in December 2005 and January 2006 respectively, and/or to the Baltimore Sun.
    [Show full text]
  • NSA's Efforts to Secure Private-Sector Telecommunications Infrastructure
    Under the Radar: NSA’s Efforts to Secure Private-Sector Telecommunications Infrastructure Susan Landau* INTRODUCTION When Google discovered that intruders were accessing certain Gmail ac- counts and stealing intellectual property,1 the company turned to the National Security Agency (NSA) for help in securing its systems. For a company that had faced accusations of violating user privacy, to ask for help from the agency that had been wiretapping Americans without warrants appeared decidedly odd, and Google came under a great deal of criticism. Google had approached a number of federal agencies for help on its problem; press reports focused on the company’s approach to the NSA. Google’s was the sensible approach. Not only was NSA the sole government agency with the necessary expertise to aid the company after its systems had been exploited, it was also the right agency to be doing so. That seems especially ironic in light of the recent revelations by Edward Snowden over the extent of NSA surveillance, including, apparently, Google inter-data-center communications.2 The NSA has always had two functions: the well-known one of signals intelligence, known in the trade as SIGINT, and the lesser known one of communications security or COMSEC. The former became the subject of novels, histories of the agency, and legend. The latter has garnered much less attention. One example of the myriad one could pick is David Kahn’s seminal book on cryptography, The Codebreakers: The Comprehensive History of Secret Communication from Ancient Times to the Internet.3 It devotes fifty pages to NSA and SIGINT and only ten pages to NSA and COMSEC.
    [Show full text]
  • The Views of the U.S. Left and Right on Whistleblowers Whistleblowers on Right and U.S
    The Views of the U.S. Left and Right on Whistleblowers Concerning Government Secrets By Casey McKenzie Submitted to Central European University Department of International Relations and European Studies In partial fulfillment of the requirements for the degree of Master of Arts Supervisor: Professor Erin Kristin Jenne Word Count: 12,868 CEU eTD Collection Budapest Hungary 2014 Abstract The debates on whistleblowers in the United States produce no simple answers and to make thing more confusing there is no simple political left and right wings. The political wings can be further divided into far-left, moderate-left, moderate-right, far-right. To understand the reactions of these political factions, the correct political spectrum must be applied. By using qualitative content analysis of far-left, moderate-left, moderate-right, far-right news sites I demonstrate the debate over whistleblowers belongs along a establishment vs. anti- establishment spectrum. CEU eTD Collection i Acknowledgments I would like to express my fullest gratitude to my supervisor, Erin Kristin Jenne, for the all the help see gave me and without whose guidance I would have been completely lost. And to Danielle who always hit me in the back of the head when I wanted to give up. CEU eTD Collection ii Table of Contents Abstract ....................................................................................................................................... i Acknowledgments.....................................................................................................................
    [Show full text]
  • 2003 Iraq War: Intelligence Or Political Failure?
    2003 IRAQ WAR: INTELLIGENCE OR POLITICAL FAILURE? A Thesis submitted to the Faculty of The School of Continuing Studies and of The Graduate School of Arts and Sciences in partial fulfillment of the requirements for the degree of Master of Arts in Liberal Studies By Dione Brunson, B.A. Georgetown University Washington, D.C. April, 2011 DISCLAIMER THE VIEWS EXPRESSED IN THIS ACADEMIC RESEARCH PAPER ARE THOSE OF THE AUTHOR AND DO NOT REFLECT THE OFFICIAL POLICIES OR POSITIONS OF THE U.S. GOVERNMENT, DEPARTMENT OF DEFENSE, OR THE U.S. INTELLIGENCE COMMUNITY. ALL INFORMATION AND SOURCES FOR THIS PAPER WERE DRAWN FROM OPEN SOURCE MATERIALS. ii 2003 IRAQ WAR: INTELLIGENCE OR POLITICAL FAILURE? Dione Brunson, B.A. MALS Mentor: Ralph Nurnberger, Ph.D. ABSTRACT The bold U.S. decision to invade Iraq in 2003 was anchored in intelligence justifications that would later challenge U.S. credibility. Policymakers exhibited unusual bureaucratic and public dependencies on intelligence analysis, so much so that efforts were made to create supporting information. To better understand the amplification of intelligence, the use of data to justify invading Iraq will be explored alongside events leading up to the U.S.-led invasion in 2003. This paper will examine the use of intelligence to invade Iraq as well as broader implications for politicization. It will not examine the justness or ethics of going to war with Iraq but, conclude with the implications of abusing intelligence. iii ACKNOWLEDGMENTS Thank you God for continued wisdom. Thank you Dr. Nurnberger for your patience. iv DEDICATION This work is dedicated to Mom and Dad for their continued support.
    [Show full text]
  • Repression by Lawsuit
    THE NEW YO 'K TIMES, THURSDAY, FEBRUARY 16, 1978 Repression By Lawsuit By Anthony Lewis BERKELEY, Calif., Feb. 15—On the ance — which is surely expresso 01 White and enforced, as a condition of Gov- House tape of June 23, 1972— the kind the. First Amendment wa in- ernment employment. the one that finally forced his resigna- tended to protect. tion—Richard Nixon told H. R. Halde- American freedom often depends on But the C.I.A., and now the Jus ce whistle-blowing by people who are not man why they could expect Richard Department, argue that what the k so nice. It may take a disaffected Deep Helms, the C.I.A. chief, to cooperate on says does not matter, and neither s Throat to expose the abuse of official 'Watergate. "We protected Helms from the First Amendment. That is bec e power. And no one can doubt that .one hell of a lot of things," he said. Mr. Snepp, like other employees of there has been abuse in intelligence When the Senate Intelligence Com- agency, signed an agreement to ay agencies. mittee asked what "things," Mr. Nixon nothing about its classified work th- Attorney General Bell, explaining described one episode. Mr. Helms had out getting its permission first. e the decision to sue Frank Snepp, said come to him about a book that a for Government suit claims damages f •m he just wanted to find out from the mer C.LA. employee planned to pub- Mr. Snepp—all his royalties— or courts whether secrecy "contracts" lish, he said, and he agreed to legal breaking the promise.
    [Show full text]
  • As Assange Awaits Ruling, Wikileaks Faces Its Fate 1 November 2011, by RAPHAEL G
    As Assange awaits ruling, WikiLeaks faces its fate 1 November 2011, By RAPHAEL G. SATTTER , Associated Press Harvard University's Belfer Center for Science and International Affairs. Legal analysts were predicting a ruling in favor of extradition. "Very, very few people defeat a European Arrest Warrant," said Julian Knowles, an extradition lawyer at London's Matrix Chambers who has been following the case. "The courts in England generally lean in favor of extradition." Assange may have the right to challenge an This is a Monday, Feb. 7, 2011 file photo of WikiLeaks unfavorable verdict in Britain's Supreme Court. But founder Julian Assange as he leaves Belmarsh Magistrates' Court in London. Assange on Tuesday Nov. Knowles said that if he were denied leave to 1, 2011 awaits a judge's extradition verdict, it could be appeal, it could be only days before he were sent to WikiLeaks' very future that's at stake. Its finances under Scandinavia to face allegations of sex crimes. pressure and some of its biggest revelations already public, WikiLeaks may not have the strength to survive if That result could be devastating for WikiLeaks. Britain's High Court judge decides Wednesday in favor of a Swedish request to extradite Assange to face trial For much of the past year Assange has been over rape allegations, some experts argue. (AP running the website from a supporter's country Photo/Kirsty Wigglesworth, File) manor in eastern England, where the terms of his bail have confined him to virtual house arrest. The 40-year-old Australian says he has 20 staff (AP) -- As Julian Assange awaits a judge's members, but it's unclear who might take over were extradition verdict, it could be WikiLeaks' very he jailed.
    [Show full text]
  • USA V. Bradley (Chelsea) Manning: Army Court of Appeals Affirms Prior
    UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before CAMPANELLA, CELTNIEKS, and HAGLER Appellate Military Judges UNITED STATES, Appellee v. Private First Class BRADLEY E. MANNING (nka CHELSEA E. MANNING) United States Army, Appellant ARMY 20130739 U.S. Army Military District of Washington Denise R. Lind, Military Judge Colonel Corey J. Bradley, Staff Judge Advocate (pretrial) Colonel James R. Agar, II, Staff Judge Advocate (post-trial) For Appellant: Vincent J. Ward, Esquire (argued); Captain J. David Hammond, JA; Lieutenant Colonel Jonathan F. Potter, JA; Vincent J. Ward, Esquire; Nancy Hollander, Esquire (on brief); Lieutenant Colonel Christopher D. Carrier, JA. Amicus Curiae: For Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Center for Democracy and Technology: Jamie Williams, Esquire; Andrew Crocker, Esquire (on brief). For Amnesty International Limited: John K. Keker, Esquire; Dan Jackson, Esquire; Nicholas S. Goldberg, Esquire (on brief). For American Civil Liberties Union Foundation: Esha Bhandari, Esquire; Dror Ladin, Esquire; Ben Wizner, Esquire (on brief). For Open Society Justice Initiative: James Goldston, Esquire; Sandra Coliver, Esquire (on brief). For Appellee: Captain Catherine M. Parnell, JA (argued); Colonel Mark H. Sydenham, JA; Lieutenant Colonel A.G. Courie III, JA; Major Steve T. Nam, JA; Captain Timothy C. Donahue, JA; Captain Jennifer A. Donahue, JA; Captain Samuel E. Landes, JA (on brief); Captain Allison L. Rowley, JA. 31 May 2018 --------------------------------- OPINION OF THE COURT --------------------------------- MANNING—ARMY 20130739 CAMPANELLA, Senior Judge: A military judge sitting as a general court-martial convicted appellant, in accordance with her pleas, of one specification of violating a lawful general regulation and two specifications of general disorders in violation of Articles 92 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C.
    [Show full text]
  • A Public Accountability Defense for National Security Leakers and Whistleblowers
    A Public Accountability Defense For National Security Leakers and Whistleblowers The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, A Public Accountability Defense For National Security Leakers and Whistleblowers, 8 Harv. L. & Pol'y Rev. 281 (2014). Published Version http://www3.law.harvard.edu/journals/hlpr/files/2014/08/ HLP203.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12786017 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP A Public Accountability Defense for National Security Leakers and Whistleblowers Yochai Benkler* In June 2013 Glenn Greenwald, Laura Poitras, and Barton Gellman be- gan to publish stories in The Guardian and The Washington Post based on arguably the most significant national security leak in American history.1 By leaking a large cache of classified documents to these reporters, Edward Snowden launched the most extensive public reassessment of surveillance practices by the American security establishment since the mid-1970s.2 Within six months, nineteen bills had been introduced in Congress to sub- stantially reform the National Security Agency’s (“NSA”) bulk collection program and its oversight process;3 a federal judge had held that one of the major disclosed programs violated the
    [Show full text]