Assange Indicted Under Espionage Act, Raising First Amendment Issues

Re:Assange Indicted Under Espionage Act, Raising First Amend... by mjevans on Thursday May 23, 2019 @06:38PM (#19996722)

That's fine to say, but what does it actually mean?

How do we protect forces providing oversight and sunlight to parts of the government that we the people really should know about to be informed voters? How do we reasonably protect 'watchers', and how can we have reasonable oversight of the 'watchers'?

Part of the issue is that there is not a clear standard that must be adhered to; where does selection bias count as an editorial action and where does it count as being an agent of a foreign power? If someone is a completely dumb conduit that does not evaluate the data but republishes it without inner knowledge do they have more or less protections than someone that evaluates and 'publishes' the content (I.E. in technical terms 'the press', even if not part of something traditionally obvious as a news organization.)?

[ Parent | on HN ]

Re:Assange Indicted Under Espionage Act, Raising First Amend... by salawat on Thursday May 23, 2019 @07:02PM (#19996892)

Personally, I think this should be part of the duties of the Office of the Inspector General, and the OIG should be shunted to being answerable to the either the Legislature, or the Courts.

Of course, I also believe that OIG should be hounding the Executive constantly, and have the authority and onus to declassify anything classified as soon as possible too. That means that classification stops being a privilege of the Executive, and instead becomes a maintenance item That requires periodic review to reclassify.

[ Parent | on HN ]

Re:Assange Indicted Under Espionage Act, Raising First Amend... by mjevans on Thursday May 23, 2019 @07:47PM (#19997141)

I believe you are correct in that the spirit is SOME official watchdog should exist within the government. Even better some department for EACH BRANCH.

However it is also commonly said that a "fourth estate" (or branch) exists, and the top search result that I get for that phrase is:

"What is the role of the Fourth Estate?

In the United States, the term fourth estate is sometimes used to place the press alongside the three branches of government: legislative, executive and judicial. The fourth estate refers to the watchdog role of the press, one that is important to a functioning democracy.Jan 3, 2019

What is the Fourth Estate? - ThoughtCo https://www.thoughtco.com/what-is-the-fourth-estate-3368058"

The press should also watch the government, and the oversight branches, and all of them should have oversight over the others as a completely closed system that roots out any actions that are may represent impropriety, immoral, OR illegal actions.

[ Parent | on HN ]

Re:Assange Indicted Under Espionage Act, Raising First Amend... by bb88 on Thursday May 23, 2019 @06:57PM (#19996849)

The first amendment doesn't protect conspiring to illegally access a computer system. Further, not all dissemination of classified materials can be classified as a first amendment activity.

In short, there has to be a difference between a spy and a journalist.

Further, it's worth noting that Snowden agreed to sign his life away when he signed the SF-86 form to apply for a US clearance. Glenn Greenwald did not.

[ Parent | on HN ]