Category Archives: leaks

It’s raining leaks!

By Christopher B. Daly 

imgres3Today’s news brings a very curious twist on the theme of national-security leaks. This time, the suspected leaker is not a low-level functionary like Bradley Manning or Edward Snowden but a high-ranking military official — in fact, the former No. 2 in the entire military command structure. According to a report first broken by NBC News, retired Marine Gen. James E. “Hoss” Cartwright is under investigation in connection with the leak of classified information about American cyberattacks against Iran, intended to disable or slow down Iran’s program to build a nuclear weapon. (The coverage in today’s NYTimes is rather circumspect, which makes sense, considering that the Times was the recipient of the leak. The paper quotes NYT executive editor Jill Abramson saying she doesn’t discuss such things.)

I wonder if Cartwright’s rank will make any difference here. After all, he’s not some some “29-year-old hacker,” — as President Obama pooh-poohed Snowden on Thursday, while adroitly trying to keep the Snowden/NSA leak from screwing up great-power relations with China and Russia. (Funny thing: at other times, Obama is quite willing to characterize Snowden as a threat to our very existence. Also, an update: Snowden turned 30 last week.)

Back to Cartwright. Far from being a hacker, Cartwright, who was named vice chairman of the Joint Chiefs by President28stuxnet1-img-articleInline Bush and who served under Obama as well, was at the epicenter of the military/national security power structure. I wonder how the top brass and the national-security establishment feel about leaks now, when one apparently came from one of their own. Where’s the outrage? Will we be seeing Sens. McCain and Graham or former veep Cheney going on Sunday TV talk shows demanding his head?

We might also ask: Why would Hoss Cartwright do such a thing? He’s not commenting, but we can just imagine. Maybe he wanted to see the U.S. get credit for “doing something” about the Iranian threat. Maybe he wanted to let Americans know that we had the technical means to mess up their weapons program without having to attack or invade Iran by conventional means. Maybe he was ordered to make the leak by someone who out-ranked him (perhaps the Chair of the Joint Chiefs, or the National Security Adviser, or the Secretary of Defense, or the President himself?)

The Washington Post, after pointing out that the cyberattack on Iran included a computer virus named Stuxnet and was part of a broader program code-named “Olympic Games,” adds this tantalizing hint:

Cartwright, who helped launch that campaign under President Bush and pushed for its escalation under Obama. . .

Maybe Cartwright thought his favored program was threatened in some way by someone else in the national security apparatus.

As I have long maintained, the reaction to leaking is very much in the eye of the beholder. If the leaker is powerful enough, the act of leaking is not a crime but just politics by another means.

For the record: As far as we know, Cartwright would be the eighth target of an Espionage Act investigation undertaken in the Obama administration’s record-breaking campaign to punish leakers.

Speaking of cyberattacks, U.S. officials seems to be scrambling to find a path through this 28cyber1-img-popuppolicy thicket. On the one hand, Joint Chiefs Chairman Martin Dempsey is hurrying to write new rules for warfare in cyberspace, according to another article in today’s NYTimes. (Don’t hold your breath waiting to participate in this process yourself: any such rules are classified. So there!) Here’s the takeaway:

[Dempsey] said that, globally, new regulations were needed to govern actions by the world community in cyberspace. He said that the Chinese did not believe that hacking American systems violated any rules, since no rules existed.

And, finally, for an example of what’s at stake in terms of commerce, today’s Boston Globe has an eye-popping story about how the Chinese allegedly steal commercial secrets. If you thought they just stole plans for making plastic tschotschkes, think again. This one involved the design for wind turbines, which the Chinese had the nerve to sell back to us!

It’s enough to make the head spin. How am I supposed to keep up with the Whitey Bulger trial, the Hernandez case, or the trade of both Paul Pierce and Kevin Garnett to the Brooklyn Nets????

p.s. For a fun and puzzling exercise in mind-games, go to the NYT homepage and enter the term “stuxnet” in the search box. If you can figure out the results, please explain in a comment below. 

1 Comment

Filed under Journalism, journalism history, leaks, media, New York Times, Obama, Politics, President Obama, Wikileaks

NSA Leak: Why not the Times?

By Christopher B. Daly

Since the disclosure of the NSA leaks story, a fair amount of media commentary has focused on the thinking of the self-identified leaker, Edward Snowden, who got access to secrets by working for a government contractor. Many have compared him to Daniel Ellsberg, who got access to secrets by working for a government contractor, then divulged the Pentagon Papers in 1971 to the New York Times. 

Some wonder why Snowden chose to cooperate with Glenn Greenwald (who is a lawyer/activist/blogger/freelancer) rather than a traditional media heavyweight such as the New York Times. Some of the concern is misplaced, I believe, since Snowden also shared his NSA leak with the estimable Barton Gellman of the Washington Post.

As far as the Times goes, the newspaper’s own Public Editor, Margaret Sullivan, aired out the question in her most recent posting.

I think it is worth recalling some of the history of the Pentagon Papers case (which you can read at greater length in chapter 11 of my book, Covering America.) By his own CA cover finalaccount, Ellsberg had a political goal — ending the U.S. war in Vietnam. To that end, he first tried to leak the classified documents to members of Congress, on the theory that they could use their congressional immunity to read the papers aloud on the floor of the House or Senate. Because of their immunity, they could not be prosecuted for anything said as part of the proceedings of Congress and their remarks would be on the public record.

When the office-holders balked, Ellsberg turned his thoughts to the media. There I think it is indicative that he did not approach the Times as an institution. Indeed, the Times — in 1971 — was not well known for challenging the federal government. Instead, Ellsberg was targeting an individual journalist whom he thought he could trust: Neil Sheehan.

Ellsberg and Sheehan had a bit of history. They had met when Ellsberg was serving in the Marines in Vietnam and Sheehan was working for United Press in its Saigon bureau. Ellsberg had a sense that Sheehan was a skeptic about the war. Later, Sheehanimgres-1 joined the Times, and he was working as a reporter in the Times Washington bureau in 1971. Under the terms of employment for Times reporters, he was supposed to keep his political views to himself. On March 28, 1971, Sheehan wrote a lengthy multi-book review for the Times Sunday Book Review in which took seriously the idea that there should be war-crimes trials for the U.S. policy-makers who kept us in Vietnam. When Ellsberg read that review, he knew he had found the right journalist.

Three months later, Sheehan wrote the first front-page article in the series that became known as the Pentagon Papers.

imgres

4 Comments

Filed under Journalism, journalism history, leaks, New York Times, Uncategorized

Obama: Wrong on spying, secrecy, leaks.

By Christopher B. Daly

imgres3The outrages just keep piling up. President Obama, Attorney General Eric Holder, and their advisers just don’t get it: the government exists to help the people do the things they want to do but can’t do without joining together. It does not exist for its own sake. It does not exist to expand its own power. It does not exist to spy on its own citizens. As liberals, lawyers, and constitutional scholars, they should know all this. What is wrong with these people?

The latest scandal involves the notorious NSA (for “No Such Agency”). As Glenn Greenwald disclosed in a Guardian exclusive, the NSA is collecting phone records from Verizon for every call made by every Verizon customer, domestic and international. To quote Greenwald:

The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.

 As they run for cover, the officials involved are going to claim that “it’s all perfectly legal,” because they got a judge to sign off on it, through the special courts set up by the Foreign imagesIntelligence Surveillance Act. (FISA) This is one of many legacies of the over-reaction to the 9/11 attack and the Bush administration’s ensuing “war on terror.” In the name of fighting terror, which is diminishing, U.S. officials in Congress, the executive branch, and the courts have

–unleashed a secretive spy agency

–to spy on Americans

–using a legal OK from a secret court.

It should be noted that, of course, the whole operation is secret. We were never supposed to learn that our phone records are being routinely collected on a vast scale. (Note: as far as we know, they are not recording the content of those calls, only metadata such as the number being called, timing, duration, location, etc.) If it were not for an investigative reporter ferreting out stuff he is not supposed to find out, we the people would never know about this.

It’s possible that the American people, informed of this huge data grab, will decide this is a good and wise thing to do. Fine. If that’s the consensus, I will abide by that. But we at least deserve to know what’s going on and debate whether it is a wise use of our government’s power.

On the subject of leaks, here is a thought exercise: what disclosures of information would you rather NOT know about? Would you want to close your eyes to Abu Gharib? the “Fast and Furious” screw-up? The IRS abuses?

There are countries where secrets stay secret, and I would not want to live in any of them.

0       0       0      0      0      0

The NSA case brings up another question: why do the telecom companies roll over so readily every time the government comes calling?

Here is a report from the indispensable Electronic Frontier Foundation showing which companies turn over what kinds of data.

Here is an analysis from TNR about why the telecoms are different from social media companies. Worth considering.

0     0      0     0     0

Another question: Does the NSA data grab include phone records for the White House? For the Holder residence? For the home or office numbers of the members of the House and Senate images-1Intelligence committees? For any journalists who have perfectly good reasons to make phone calls to Yemen, Somalia, Pakistan and other terror hideouts? Does it include the home phone of the judge who signed the secret order?

 

One more: Does no one remember the Church committee hearings or findings?

Sheesh. 

 

 

1 Comment

Filed under First Amendment, Journalism, leaks, Politics, President Obama

Where Obama is dangerously wrong about journalism

imgres3Don’t miss this excellent piece by Glenn Greenwald, which ran recently in The Guardian. In it, Greenwald — a lawyer, journalist, and prize-winning author — carefully builds a case about what the Obama administration is doing. In short, he argues that the DoJ (with Obama’s certain knowledge) is taking steps to make it a crime to do many of the activities that constitute investigative journalism. The focus is the case involving Fox News’ James Rosen, but most of these thoughts apply to many other cases as well.

This is something that all journalists, all political progressives, and all Obama supporters need to grasp. The president is wrong on this, and his people are out of control.

The take-away:

Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.

That same “solicitation” theory, as the New York Times reported back in 2011, is the one the Obama DOJ has been using to justify its ongoing criminal investigation of WikiLeaks and Julian Assange: that because Assange solicited or encouraged Manning to leak classified information, the US government can “charge [Assange] as a conspirator in the leak, not just as a passive recipient of the documents who then published them.”

1 Comment

Filed under broadcasting, First Amendment, Fox News, Journalism, journalism history, leaks, Obama, Politics, President Obama

Memo to Obama: Hands off the news media!

By Christopher B. Daly

Today brings more disappointing news about the Obama administration. As they spend more years in office, they are starting to revert to the mean and resemble a very ordinary power-grabbing, rights-trampling, self-serving operation. Alas.

NYT coverage / WaPo coverage.

Image_FreeSpeechWhile they have been busy not closing Guantanamo, this administration has been busy setting the all-time record for leaks investigations. The latest misguided attempt to stop leaks is the disclosure that the Obama Justice Dept. “secretly seized two months of phone records for reporters and editors of The Associated Press.” The rationale was that the AP had received a “leak” from someone in the government about a CIA operation to disrupt a plot unfolding in Yemen that was aimed at taking down an airliner. If true, that was a fine thing for the CIA to do. If true, then the folks in the CIA running the operation should have kept their mouths shut. If someone in the government who had knowledge of it spilled the beans, that’s not the fault of journalists. The Obama administration, like every other administration, needs to get its own house in order. You don’t stop leaks by trampling the First Amendment.

Instead, we get this (from NYT):

The A.P. said that the Justice Department informed it on Friday that law enforcement officials had obtained the records for more than 20 telephone lines of its offices and journalists, including their home phones and cellphones. It said the records were seized without notice sometime this year. The organization was not told the reason for the seizure.

The First Amendment exists to safeguard the right of the American people to be informed. The only known means to provide the kind of information we need to govern ourselves comes from a free and independent press, which is protected in its new-gathering every bit as much as it is protected in its news-telling. If the executive branch investigates the news media every time its own employees leak information, that cannot help but have a “chilling effect” on the news business.

This is ancient truth, going back at least as far as the Pentagon Papers and Watergate. If Obama does not want to go down in history in the same chapter with Richard Nixon, he has got to cut this stuff out. He could start by firing Attorney General Eric Holder.

Memo to the AP: The government got all those phone records from your telephone company. I would suggest you cancel your account and try a different carrier. 

Hat-tip: to NYT’s Charlie Savage, who seems to have staked out a new beat: reporting on the constitutional infringements and other abuses of power committed by the Obama administration.

Obligatory quote: Here’s Thomas Jefferson on the dangers of executive power:

"Aware of the tendency of power to degenerate into abuse, the
worthies of our country have secured its independence by the15715v
establishment of a Constitution and form of government for our
nation, calculated to prevent as well as to correct abuse." 
--Thomas Jefferson to Washington Tammany Society, 1809.

Clarification: Of course, what the administration objects to are unauthorized leaks. The leaks they plan and execute for their own purposes are, naturally, quite alright.

 

Leave a comment

Filed under First Amendment, Journalism, leaks, Obama, Uncategorized

When the news is wrong (for a stupid reason)

By Christopher B. Daly 

imagesAs many have observed, several front-line news organizations reported incorrectly on Wednesday afternoon that authorities had “arrested” or “taken into custody” a suspect in the Boston marathon bombing. As someone who spent 10 years working for The Associated Press (where our watchword was always, “Get it first, but get it right”), I feel bad for journalists who are chasing leads in the investigation into the bombing case. They are under tremendous pressure to advance the story, “break” news, and stand out from the crowd.

I feel bad for them, but that’s not my only response. I also feel appalled at the news media’s chronic inability to exercise restraint. As the afternoon unfolded, I had a sickening sense of deja vu: here we go again, with the race to be first.

But, first with what, exactly? If the cops or the FBI had really made an arrest, they were going to announce it — and quickly. So, what difference does it make if I find that out at 2:30 or 2:45 or 4:00? Is my life any better?

Besides, it’s not as if this is the kind of news that authorities try to hide. When they nab a bad guy, they’re proud of it. They want to stand there at the press conference (ties all straight, uniform gleaming) and take a turn at the podium to say the same clipped phrases they always say. Sure, that’s important, and someone should be there to report it. But we do not need an entire army of reporters trying to get this information first. The mania for being first upsets and erodes all other journalistic priorities.

This kind of frenzy for “scoops” is essentially a waste of journalistic resources and enterprise. There are many fine, experienced, tough reporters and photographers in Boston this week. They should not waste their time trying to surf a few feet ahead of the cops in pursuit of factual information that is going to be divulged anyway. This is particularly true when reporters get in the way: if journalists report, for example, that an arrest is “imminent,” doesn’t that tell the bad guys that it’s time to flee?

In fact, I don’t consider that kind of reporting a “scoop” at all. Real news consists of information that someone is trying to hide or that would not come to light unless an individual journalist gets out and gathers information and connects some dots. Reporters make a contribution to society when they generate information that we would not have otherwise.

So, get out there and find a real, true story — and tell me something I don’t know and that won’t be announced from a podium.

We can do better.

Leave a comment

Filed under CNN, Journalism, journalism history, leaks, Uncategorized

Shameless self-promotion (Journalism history division)

By Christopher B. Daly

Finally, it’s here: the electronic version of my book about the history of U.S. journalism, Covering America.

Just in time for the anniversary of the rollout of the hardback, this prize-winning book is now available in all major formats:

Nook,

Kindle,

Apple iBook, (This is the format I am checking it out on, and it looks great.)

Google Play,

you name it.

I am very pleased because I know that some folks have been waiting for the e-book. These formats make the book quite a bit cheaper and dramatically lighter! For people who don’t feel drawn to the ~$50 hardcover, here’s your chance to read Covering America. The book won the 2012 Prose Award for Media and Cultural Studies, and it has been selling well and drawing rave reviews (except for one stinker on Amazon — sheesh).

Enjoy it, and write to me about your reactions. You can comment here, or email me: chrisdaly44@gmail.com

CA cover final

 

 

 

 

 

Leave a comment

Filed under broadcasting, CNN, Covering America, David Halberstam, FCC, First Amendment, Fox News, history, Huffington Post, Journalism, journalism history, leaks, Murdoch scandal, New York Times, NPR, Photography, Photojournalism, Politics, publishing, Supreme Court, The New Yorker