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Re:U.S. NSA domestic phone spying program illegal: appeals c... by wehadfun on Thursday May 07, 2015 @11:42AM (#9505856)
We may be glad with what he did but do we want to encourage this type of thing? I think quietly "being nice" to him is fine but a public pardon, a welcome hope party, adoring media coverage may inspire some idiot to be the next Snowden and we probably do not want that.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by hackuser on Thursday May 07, 2015 @12:53PM (#9506469)
> We may be glad with what he did but do we want to encourage this type of thing?

I think this raises an issue we can't easily dismiss, how to handle whistle-blowers. On one hand they are essential to democracy, so we don't want to jail all of them; on the other they can cause great harm, so we don't want to enable all of them. How do we enable good whistle-blowers and stop the bad ones?

Let's hear serious proposals. Would a law that puts the consequences on the leaker's shoulders be sufficient? Prosecuting someone after-the-fact when, due to the leaker's misjudgment, their leak lost a war and killed hundreds of thousands wouldn't be enough. Require them to exhaust internal institutional solutions? Again, that wouldn't protect us from a leaker with bad judgment; the worse their judgment, the more likley the institution would rightly reject all the leaker's claims, leading to a leak. Rely on executive clemency?

Re:U.S. NSA domestic phone spying program illegal: appeals c... by minot on Thursday May 07, 2015 @01:03PM (#9506555)
If the government thinks individuals have nothing to hide then as an individual I think the government has nothing to hide.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by wehadfun on Thursday May 07, 2015 @02:07PM (#9507050)
The courts need to make it easier to handle these type of things. One of the issues mentioned here was standing which made it hard for the ACLU to bring cases against the Government.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by scott_karana on Thursday May 07, 2015 @12:21PM (#9506207)
Unlike the arguable Manning, Snowden had a deliberate, slow, controlled release of information. No informants were exposed; et cetera.

What is wrong with responsible whistleblowing of unlawful activity? I think it should be encouraged!

Re:U.S. NSA domestic phone spying program illegal: appeals c... by plorg on Thursday May 07, 2015 @12:45PM (#9506394)
While it has certainly turned out that way, considering the process of dissemination, both Snowden and Manning dumped a pile of documents on a third party. It's that third party that, in the case of Manning's files (WikiLeaks), was hasty and cavalier in its release of information, whereas Greenwald/Poitras/Etc. have been more careful and deliberate in their releases.

To the extent that the individual leakers could have some sort of culpability, it would be for the people with whom they chose to share their information, though I grant that the who is not independent of the how.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by nitrogen on Friday May 08, 2015 @12:46AM (#9509998)
I seem to remember that Wikileaks asked some part of the US government for help redacting the Manning leaks to prevent jeopardizing lives and missions, but they refused.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by scott_karana on Thursday May 07, 2015 @04:41PM (#9508140)
You're right. Greenwald and Poitras deserve a lot of credit for the responsible dissemination.

To his credit, Snowden did attempt to vet reporters as I recall. ;)

Re:U.S. NSA domestic phone spying program illegal: appeals c... by rl3 on Thursday May 07, 2015 @04:48PM (#9508191)
Snowden's document leaks, and by extension the journalists with whom he entrusted them to, were not restricted in scope to only disclosing illegal domestic collection activities.

In fact, the majority of disclosures were foreign in nature, and of those, quite a few ran counter not only to American foreign policy and security interests, but Western interests in general.

The articles exposing intelligence activities in Indonesia were but one example.[1]

Indonesia is such a nice, non-repressive country[2], and it's not like they aren't making significant progress on the human rights front[3]. How dare western intelligence spy on them. /s

Other examples include severe damage to foreign relations with China[4], coverage of offensive capabilities such as network infiltration and hardware implantation[5], the CIA using co-traveler inference to shake tails in the field [6], and more.

Today's news is certainly a positive thing, but I think it's fair to say Snowden's whistleblowing is far from responsible, even if it isn't wantonly reckless (i.e. Manning).

-

[1] http://www.theguardian.com/world/2013/nov/18/australia-tried...

[2] http://www.hrw.org/news/2011/06/08/letter-president-yudhoyon...

[3] https://www.hrw.org/news/2015/03/04/indonesia-begins-roll-ba...

[4] http://www.theguardian.com/world/2013/jun/13/snowden-revelat...

[5] http://www.spiegel.de/international/world/the-nsa-uses-power...

[6] http://www.washingtonpost.com/world/national-security/nsa-tr... (very last paragraph)

Re:U.S. NSA domestic phone spying program illegal: appeals c... by nitrogen on Friday May 08, 2015 @12:49AM (#9510004)
The citizens of a representative democracy have the right to know what the government is doing on their behalf, either domestically or abroad. Saying that the Snowden revelations damaged relations with another country is like an adulteress complaining that her snitching boyfriend damaged her relationship with her husband. The crime occurred long before the revelation...
Re:U.S. NSA domestic phone spying program illegal: appeals c... by rl3 on Friday May 08, 2015 @01:27AM (#9510106)
>The citizens of a representative democracy have the right to know what the government is doing on their behalf, either domestically or abroad.

While I agree in a domestic context, that ideal can't really be applied to a foreign context with any specificity, at least in terms of intelligence activities.

The vast majority of intelligence operations rely on secrecy to be effective, and you can't maintain secrecy when you inform your citizenry about it.

I know that sounds bad, but the result would be that the representative democracies of the world wouldn't have effective intelligence agencies, and the other countries would. Not exactly an ideal outcome.

>Saying that the Snowden revelations damaged relations with another country is like an adulteress complaining that her snitching boyfriend damaged her relationship with her husband.

Sure, and if we extend my example using your analogy, the husband is and has been a cheating asshole the entire time. His hobbies include perpetrating various human rights violations on a massive scale.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by ta0967 on Thursday May 07, 2015 @05:54PM (#9508589)
oh, i didn't know your uncle Bob's spying on me (a "westerner") was in my interest. thank you so much for the enlightment!

in other news, Indonesia's oppressive regime has been propped up by the USA. https://en.wikipedia.org/wiki/Suharto

Re:U.S. NSA domestic phone spying program illegal: appeals c... by rl3 on Thursday May 07, 2015 @08:18PM (#9509294)
If an oppressive regime is created or perpetuated by Cold War-era anti-communist policy, that's certainly a bad thing. Especially so if the regime then commits atrocities (e.g. as in Indonesia).

That said, I fail to see how such history should have any bearing on whether or not Indonesia is a valid signals intelligence target today. If anything, it provides compelling justification to continue such programs.

In my opinion, countries that have terrible human rights records generally lose their right to complain about privacy when spied on by countries with significantly better records.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by beedogs on Friday May 08, 2015 @02:43AM (#9510298)
Not sure what you mean by your last sentence; the US has a pretty abysmal human rights record, as well.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by rl3 on Friday May 08, 2015 @03:36AM (#9510419)
Relative to most other western democracies, the human rights record of the US is obviously profoundly deficient in certain areas. When compared to Indonesia however, in terms of how citizens are treated, I'd argue it's actually quite good.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by chippy on Thursday May 07, 2015 @11:59AM (#9506003)
>do we want to encourage this type of thing?

Whistleblowing?

Re:U.S. NSA domestic phone spying program illegal: appeals c... by msandford on Thursday May 07, 2015 @12:10PM (#9506094)
As far as I can tell he did it exactly right. Tried to escalate but not the point of causing trouble and getting fired. Took a bunch of documents and released them not straight out, but to journalists who had an opportunity to redact things that might directly endanger lives (like names of agents, etc).

> do we want to encourage this type of thing?

So long as the government tries to do things in secret that are illegal, yes, we do want to encourage this type of thing. The alternative is that eventually you have "turn key tyranny" where the apparatus is also used to suppress dissent and the government REALLY takes over.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by feld on Thursday May 07, 2015 @12:34PM (#9506313)
You don't want your government's crimes to be exposed?
Re:U.S. NSA domestic phone spying program illegal: appeals c... by drjesusphd on Thursday May 07, 2015 @01:34PM (#9506802)
"This type of thing" can be analyzed on a case-by-case basis. If, emboldened by a Snowden partdon, future whistleblowers take it too far, the president can decide whether or not they are eligible for pardon when the time comes.

The pendulum has swung too far away for this to be a credible objection. Yes, I do want to encourage what Snowden did.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by geophile on Thursday May 07, 2015 @01:58PM (#9506979)
This president, and the last one, have decided that any whistleblowing deserves vicious prosecution. They even think that some journalists deserve that treatment too.
Re:U.S. NSA domestic phone spying program illegal: appeals c... by Lawtonfogle on Friday May 08, 2015 @11:00AM (#9512052)
George Washington (among many others) kinda set the standard by leading a group of men who murdered those rightfully in charge. I never hear any condemn him for what he did, yet far less extreme actions taken today result in condemnation for going too far. Odd, no?
Re:U.S. NSA domestic phone spying program illegal: appeals c... by beedogs on Friday May 08, 2015 @02:40AM (#9510293)
Wrong.

I want as many Snowdens as we can muster. (I was once shadowbanned on HN for typing that sentence.)

Re:U.S. NSA domestic phone spying program illegal: appeals c... by wehadfun on Thursday May 07, 2015 @01:20PM (#9506693)
1. I did not criticize what Snowden did. He was very careful and responsible.

2. All I was trying to say is that turning Snowden into a public mainstream hero could inspire some idiot that "wants to be a hero too" to do something dumb.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by fragmede on Thursday May 07, 2015 @02:16PM (#9507114)
https://www.techdirt.com/articles/20140128/08542126021/new-y...

Blame the New York Times instead of Snowden for that failure if you want, but I wouldn't call sending that information to the New York Times in the first place 'very careful'.

Re:U.S. NSA domestic phone spying program illegal: appeals c... by primroot on Thursday May 07, 2015 @12:09PM (#9506086)
"We" is too many people.