News for hackers. Stuff that matters.
Re:Edward Snowden makes 'moral' case for presidential pardon by Red_Tarsius on Tuesday September 13, 2016 @08:44AM (#12487631)
I admire Snowden's sacrifice, but the US can't pardon him. Doing so would signify weakness and encourage subversive behaviour. Traditionalist countries – China, Russia, Iran – are especially perceptive to status signaling. No doubt they would exploit the event to foster Anti-American sentiments. Also, we don't know the info Russian Intelligence got out of his asylum in Moscow.

Side note: I hope GMT Games releases an expansion for Twlight Struggle: 1989 ~ 2015. Despite the fall of the USSR, the proxy war has never stopped. I'd love to re-enact the past 25 years. Snowden flees to Moscow would be a Red Event, 2 ops: "US reveals their hand of cards this turn. Remove up to a total of 2 US Influence from one or more countries to Western Europe".

EDIT: to clarify, I do want the US to grant him pardon.

Re:Edward Snowden makes 'moral' case for presidential pardon by hollander on Tuesday September 13, 2016 @08:48AM (#12487667)
This is so much letting other people or countries decide what you should do. The Land of the Free should make its own decisions, no matter what China or Russia finds.

In my opinion, Snowden did something really patriotic, but you may have another definition of what patriotic means.

Even if Russia forced information out of him, against his will, that should not block a pardon. Then it's even more important that he tells the US what he told them.

Re:Edward Snowden makes 'moral' case for presidential pardon by wtbob on Tuesday September 13, 2016 @10:24AM (#12488485)
> In my opinion, Snowden did something really patriotic

He ignored the legal process for raising his concerns. He ignored the inspectors general. He stole information he had no legitimate need to access and fled to adversary states. He caused exceptionally grave damage to the national security of the United States.

Re:Edward Snowden makes 'moral' case for presidential pardon by Fordrus on Tuesday September 13, 2016 @10:45AM (#12488683)
Okay, I am not an expert, but I have read several UNSYMPATHETIC accounts of Snowdon's actions that specifically and categorically contradict what you say here when you assert that "He ignored the legal process for raising his concerns."

Last I checked, the consensus was that he raised concerns repeatedly within his chain of command and then attempted to go over it, so much so that there was a process begun to review his actions for discipline/reduced security clearance.

He did not ignore the legal process for raising his concerned- the legal process for raising his concerns FAILED, and, as widely acknowledged by those who should have had oversight (but did not effectively have it until post-Snowden) after his leaks, those concerns should havs been taken seriously by that review process, but were not.

Furthermore, you must understand this: the damage that Edward Snowden caused to the United States was no more and no less than desperately necessary chemotherapy, because the NSA had grown CANCEROUS, and I'm absolutely not convinced it has been cured totally, though I'd be happy to see information otherwise.

Re:Edward Snowden makes 'moral' case for presidential pardon by zeveb on Tuesday September 13, 2016 @11:22AM (#12489038)
> Last I checked, the consensus was that he raised concerns repeatedly within his chain of command

Yes, and he ignored that everyone qualified to determine the legality of the programmes he objected to determined that they were, in fact, legal.

> He did not ignore the legal process for raising his concerned- the legal process for raising his concerns FAILED

No, it succeeded. Nothing he revealed was in fact illegal or unconstitutional. Neither the law nor the Constitution mandates all good things, nor bans all bad things. 'I don't like it' is unsufficient proof of illegality.

Re:Edward Snowden makes 'moral' case for presidential pardon by intherdfield on Tuesday September 13, 2016 @12:15PM (#12489640)
> No, it succeeded. Nothing he revealed was in fact illegal or unconstitutional. Neither the law nor the Constitution mandates all good things, nor bans all bad things. 'I don't like it' is unsufficient proof of illegality.

No, he exposed a federal crime being committed by the Director of National Intelligence James R. Clapper.

He exposed how the Director of National Intelligence James R. Clapper committed perjury (a federal crime in this instance) by lying to Congress and the American people about mass surveillance.

Is the counter argument that senior government officials should be allowed to lie to Congress about surveillance of American citizens?

And from wikipedia[1]: "Two U.S. representatives accused Clapper of perjury for telling a Congressional committee in March 2013, that the NSA does not collect any type of data at all on millions of Americans. One senator asked for his resignation, and a group of 26 senators complained about Clapper's responses under questioning. Media observers have described Clapper as having lied under oath, having obstructed justice, and having given false testimony."

Clapper changed his story a few times but eventually described this as something like "I forgot what we were talking about" but only after the perjury was exposed. Attorney General Eric Holder basically said he just forgot something and no charges necessary. One interpretation of this is as overt government corruption. It's relevant that Holder recently said he believes Snowden performed a public service.

1. https://en.wikipedia.org/wiki/James_R._Clapper

Re:Edward Snowden makes 'moral' case for presidential pardon by dragonwriter on Tuesday September 13, 2016 @12:18PM (#12489672)
> Nothing he revealed was in fact illegal or unconstitutional.

Untrue. And, in fact, his revelations were instrumental in leading to at least one of the cases in which those things were found to be illegal.

Re:Edward Snowden makes 'moral' case for presidential pardon by dTal on Tuesday September 13, 2016 @11:36AM (#12489200)
>Neither the law nor the Constitution mandates all good things, nor bans all bad things

Which is precisely why whether it was "legal", as defined by the NSA themselves, is irrelevant.

Re:Edward Snowden makes 'moral' case for presidential pardon by KingMob on Tuesday September 13, 2016 @11:14AM (#12488967)
Snowden deliberately looked at the outcomes of several whistleblowers before him, and concluded (rightly) that nothing would change.

Bill Binney and Thomas Drake were both NSA whistleblowers who tried to go through proper channels, including superiors and the Congressional intelligence committees. Drake was charged after showing illegal spying documents to a journalist, but they dropped the case, eventually, and he ended up working at an Apple store.

Binney never revealed sensitive documents, and as a result, he wasn't able to get anyone to investigate his criticisms. But in retaliation for speaking up to Congress, the NSA revoked his security clearance and railroaded him out of business.

Peyton Manning and Assange are also good non-NSA examples of how whistleblowers are actually treated.

Finally, Snowden did not flee to Russia. He went to Hong Kong because of its strange quasi-independent status, and was trapped in Russia en route to Central America.

Re:Edward Snowden makes 'moral' case for presidential pardon by dudul on Tuesday September 13, 2016 @02:54PM (#12491175)
Peyton Manning is a football player.
Re:Edward Snowden makes 'moral' case for presidential pardon by KingMob on Tuesday September 13, 2016 @04:55PM (#12492149)
Whoops! Meant Chelsea Manning.
Re:Edward Snowden makes 'moral' case for presidential pardon by knd775 on Tuesday September 13, 2016 @11:49AM (#12489344)
>Peyton Manning
Re:Edward Snowden makes 'moral' case for presidential pardon by Karunamon on Tuesday September 13, 2016 @10:45AM (#12488679)
You mean the "legal process" that other whistleblowers have come forward and said is useless and more interested in shooting messengers than righting wrongs?[1]

You mean the adversary state that is the only thing keeping Snowden from rotting in a military prison to never see the light of day again? How do you think that would have played out had he went somewhere "friendly" to the USA?

The "damage" that was done to the "national security" of the united states is more damage to the pride of those caught in illegal behavior than bona fide harm to America. It was a revealing to people that their government has been lying to them, loudly and repeatedly, something which is strictly positive.

[1]: https://theintercept.com/2016/05/23/vindication-for-edward-s...

Re:Edward Snowden makes 'moral' case for presidential pardon by pc86 on Tuesday September 13, 2016 @10:46AM (#12488698)
> He caused exceptionally grave damage to the national security of the United States.

Unless you can point to a specific quantifiable thing that happened due to the information he had (because some people getting rightfully upset with their government's mass surveillance of its own people) I'd have trouble saying he caused any damage whatsoever.

And to the prior points, that's sort of what he'd need a pardon for, isn't it?

Re:Edward Snowden makes 'moral' case for presidential pardon by metaphorm on Tuesday September 13, 2016 @02:54PM (#12491174)
> He caused exceptionally grave damage to the national security of the United States.

do you really believe that? prove it. what security incidents have occurred because of Snowden's revelations that would not have occurred otherwise?

Re:Edward Snowden makes 'moral' case for presidential pardon by ionised on Monday September 19, 2016 @11:31AM (#12532170)
The legal process in this situation is broken to its core.
Re:Edward Snowden makes 'moral' case for presidential pardon by Jahava on Tuesday September 13, 2016 @10:14AM (#12488396)
At some point I have to draw a line between the information that he leaked regarding questionable (and, ultimately, illegal) domestic US spying programs and the sizable remainder of the corpus detailing US tools, techniques, and strategy employed against foreign nations. The former is undoubtedly potentially patriotic, while the latter is a legitimate and legal function of the NSA and likely damaged its intelligence mission on a number of fronts (and is, ultimately, treasonous).

I have to ask myself: could he have leaked the former without the latter? In all available information, I have not seen a compelling reason to think that the two bodies of data were inseparable. A heroic Snowden with the best of intentions absolutely needed to invest the time and care into either not collecting the body of non-US data in the first place or, failing that, purging it from the body that he released to the world.

For me, his failure to do either inexorably poisons any heroic fallout with the treasonous side effects. One step further: why did he neglect to do something as simple and important? I find the heroic Snowden to be a hard sell, since it seems like he was at best grossly irresponsible and, more likely, motivated by something other than patriotism.

Re:Edward Snowden makes 'moral' case for presidential pardon by KingMob on Tuesday September 13, 2016 @11:02AM (#12488870)
You're missing a key point in how the spying was actually done: because the Five Eyes nations have tighter controls on domestic spying, they relied on each other to spy on each other's citizens and share the data through reciprocity. Plus, the NSA used the excuse of a single foreign party on a conversation to hoover up all communications just in case. This severely blurs the lines between domestic and foreign spying, and it would be difficult to reveal the details of domestic spying without also revealing how the GCHQ spies on Americans and the NSA spies on the British.

Also consider that Snowden did British citizens a favor by revealing how the GCHQ was ultimately spying on them, too.

Re:Edward Snowden makes 'moral' case for presidential pardon by dsp1234 on Tuesday September 13, 2016 @11:09AM (#12488927)
could he have leaked the former without the latter?

Seems like a logical, though not desirable, no. He didn't, and I would argue couldn't, have had the time. From the time he fled until his passport was revoked, was a pretty short amount of time. Additionally, had he been caught before releasing the data we would never know the name Snowden, or the abuses that occurred.

I would say that the time spent sifting through journalists to find someone who was trust worthy was better spent. That person would then have a shield around them which would protect them, even if Snowden was captured.

So basically, if had stopped to do that before releasing, then the likelihood that we would have ever seen any evidence, let alone the correct set of evidence, is very small.

Re:Edward Snowden makes 'moral' case for presidential pardon by harryh on Tuesday September 13, 2016 @10:19AM (#12488438)
Undoubtedly and potentially are two adverbs you rarely see next to each other.
Re:Edward Snowden makes 'moral' case for presidential pardon by justinpombrio on Tuesday September 13, 2016 @10:47AM (#12488709)
> and the sizable remainder of the corpus detailing US tools, techniques, and strategy employed against foreign nations.

Could you provide a reference to these? I've heard this referred to before, but still don't know what he did that could have done actual harm.

EDIT: Unless that harm is simply other nations thinking that the US isn't spying on them, and then learning that they really, really are?

Re:Edward Snowden makes 'moral' case for presidential pardon by dTal on Tuesday September 13, 2016 @03:16PM (#12491336)
I think it's government propaganda. The only foreign espionage stuff I remember hearing about was this[1], which turned out to be a false flag leak[2] (!!!).

[1]http://www.independent.co.uk/news/uk/politics/exclusive-uk-s...

[2]https://www.theguardian.com/commentisfree/2013/aug/23/uk-gov...

Re:Edward Snowden makes 'moral' case for presidential pardon by dTal on Thursday September 15, 2016 @04:01AM (#12504233)
Downvote away, but this has come up repeatedly and no one has managed to provide a source. Meanwhile the fake incident I just linked is strong evidence that the government is willing to go to lengths to construct that narrative. It's been repeated so often that even Snowden supporters are starting to leave it unchallenged, but I think we're witnessing revisionism right here. In fact, as far as I can tell Greenwald et al have exercised considerable restraint in only publishing activities with bearing on domestic surveillance.
Re:Edward Snowden makes 'moral' case for presidential pardon by dllthomas on Tuesday September 13, 2016 @10:54AM (#12488784)
> Doing so would signify weakness

Maybe. Ideally it could be spun as a sort of "costly signalling".

> and encourage subversive behaviour.

Not any and all subversive behavior; subversive behavior of the form "I have deep ethical concerns about what is being done secretly here, so I am making it public." I want people feeling comfortable coming forward in that situation even if I ultimately disagree with their concerns. Threat of such is an important check on abuse of secrecy.

Re:Edward Snowden makes 'moral' case for presidential pardon by eru on Thursday September 15, 2016 @06:39AM (#12504809)
The proxy war might have never stopped, but what stopped was people taking Russia serious as _the_ second power on the globe. They lost that top spot.