This is an important article and adds some real context to Washington Post's editorial. This quote sums it up.
But still, if the Post editorial page editors now want to
denounce these revelations, and even call for the
imprisonment of their paper’s own source on this ground,
then they should at least have the courage to acknowledge
that it was The Washington Post — not Edward Snowden — who
made the editorial and institutional choice to expose those
programs to the public.
The Washington Post's editors decided these stories were in the public interest and should be published, not Snowden.
Indeed, it must be emphasized that Snowden deliberately did not disclose any of the information he had collected publicly. He specifically wanted someone else to make the decision about what (if anything) should be disclosed, and he specifically wanted journalists to make that decision.
For the Post to stab Snowden in the back this way is the worst treachery, cowardice, and hypocrisy that I have ever witnessed.
I worked at Amazon, I interacted with Jeff Bezos, the Washington Post doing this does not surprise me. It is effectively his political blog, where he gets to push his agenda while being abstracted away from responsibility. (EG: Amazon PR can continue its campaign of BS propaganda without WashPo articles hurting them or Bezos.)
Fred Hiatt has run the Washington Post editorial page since 2000 and this editorial is entirely consistent with his past work. He's always pushed neoconservative positions and taken the word of sources like the House intelligence committee at face value. Amazon might well have financial interests in US intelligence, but it's very easy to imagine this same editorial being written with or without Bezos as the owner of the paper.
This is a good point. As far as I remember Amazon had/has a contract with the CIA for 100s of millions. When the rich own the media there is always a risk that they will hire those that push their agenda. Amazon could greatly profit from government contracts. I wouldn't argue one article proves a conspiracy, but it's so incredibly hypocritical that you have to wonder why WaPo would publish it. Especially when it means future leakers might not want to go to them for fear they will work with the govt to imprison them.
What does Amazon gain from an anti-Snowden article? Should we be worried about the privacy of our purchase history and AWS instances even more than we already were?
Not Amazon, but Bezos' startup Blue Origin is a defense contractor, currently bidding to supply the rocket engines for US national security launches (Air Force, NRO). He's one of two finalists (with Aerojet Rocketdyne), with a decision expected in 2016 or 2017.
I think it's reasonable to say it's a conflict of interest, trying to be both a newspaper reporting on the intelligence industry, and a major contractor for that industry at the same time.
(I apologize for creating a throwaway to post this; I'd prefer not to annoy AWS).
I realize this is an old thread, but it occurs to me that one of the problems is that implausible conspiracies are lumped together with plausible, likely operations and dismissed as a group with a single label.
Apparently the CIA popularized the term 'conspiracy theory,' in the 60s, though I don't have knowledge on the veracity of that claim. It's clear that at least a non-pejorative term would be useful.
Snowden's revelations did a lot of damage to trust in American servers and internet services internationally. (Bezos/Amazon probably stands to lose much in this way.) Many other parts of the world actually care for their privacy; Germany for example is still wary of excess data collection because of the Stasi and the problems they created.
News of PRISM et al is probably one of a few root causes behind underpinning this newfound federation of internet authority
> Snowden's revelations did a lot of damage to trust in American servers and internet services internationally. (Bezos/Amazon probably stands to lose much in this way.)
By attacking the messenger they show how little they care about their users.
Bezos kicked Wikileaks from Amazon's infrastructure with nothing more than a few senators expressing displeasure at WL's actions.
Whether Bezos is a True Believer in the American empire, or whether he just wants to curry favour with the government to make money is beside the point: Amazon is definitely a partisan in these things. It will be interesting how that fact will play out in Europe and Asia over time.
What Jeff believes is right is what accrues to Jeff more power. The founders of Google, Bill Gates and Steve Balmer, Jobs and Wozniak, the early Sun people, they all made mistakes and might have done bad things. Generally I think people running businesses are doing so because they want to make a dent in the universe. I don't buy the idea that CEOs are sociopaths (which seems to be a common perception). But if you told me you believed Bezos was a sociopath I would suspect you were right.
I only worked there a couple years but I had more interaction with him than I would like (though he never chewed me out) and usually, I'm eager to get close to the CEO and learn what I can.
Can you simultaneously be a traitor and correct in both your original, faithful actions and your later, treacherous ones? Could Baron have done the right thing given the ambit of the Post's newsroom, and the Editorial Page also the right thing in putting forward the argument against blanket clemency?
Clearly, the Post's Editorial has quietly excused a lot of its own conduct. I'm less interested in the argument about the Post's hypocrisy --- because I'm sure I'll end up agreeing with you about that.
I have no idea what it can possibly mean to be "correct in your ... later treacherous [actions]."
Do you mean: is it possible that the Post is correct that Snowden should not be pardoned? Yes, that's possible. There are reasonable arguments to be advanced against a pardon. IMHO these arguments are wrong, but as I said in my blog post, reasonable people can disagree.
But even if one suspends disbelief and concedes for the sake of argument that Snowden should not be pardoned (is that what you meant?) that in no way excuses what the Post did. The Post is not an disinterested observer here, it is an active participant in the events, at best a co-conspirator, and at worst the actual culpable party. The editorial is entirely self-serving, and worse (because this is supposed to be a newspaper) it doesn't acknowledge that it is entirely self-serving. And it is self-serving at the expense of a man who (and there can be no reasonable dispute over this) has taken great personal risk to bring wrong-doing by the government to light.
So no, I don't see any possibility of any kind of redemption here. There are only two possibilities: either the release of the information was a crime that should be punished, or it was not. If the former, then the Post is at least as culpable as Snowden if not more so, and it needs to turn over the people who made the decision to publish for prosecution (or at least advance an argument as to why they should not be prosecuted while Snowden should be -- I can't wait to hear that argument), and it probably needs to close its doors like the News of the World did. On the assumption that releasing the Snowden documents was illegal, what the Post did was much worse than what NoW did.
So the way you see this --- and let's just stipulate whatever needs to be stipulated to keep this simple --- regardless of the genuinely held opinions of the Editorial Page editors about clemency for Snowden, their paper's previous role in the Snowden story obligates them not to relate those opinions in an editorial?
Maybe another way to put this is: is there an editorial they could have written that would advance their opinion about clemency and not been treacherous?
> their paper's previous role in the Snowden story obligates them not to relate those opinions in an editorial?
It obligates them not to do it as an isolated act. If they want to reverse course now they certainly can (it's always OK to admit you were wrong). But then they need to admit that they are culpable along with Snowden, submit the responsible parties (some of whom are surely on the editorial board) for prosecution, return the Pulitzer, and close up shop (or at the very least resign and turn over control to a completely new set of people).
It's not exactly the role of a newspaper to "submit people for prosecution", is it? Could you flesh out a little bit what you mean by the WaPo taking an active role in arranging prosecutions? There's a difference between taking a position on clemency and a position on prosecution, isn't there?
At any rate: am I adequately summarizing your belief by saying that regardless of what they write, if the Washington Post Editorial Page genuinely believes that Snowden shouldn't be given clemency, then they should also believe that the Washington Post itself should be shuttered (or turned over to a different team)?
> There's a difference between taking a position on clemency and a position on prosecution, isn't there?
Suppose the U.S. manages to exfiltrate Snowden from Russia somehow. Do you seriously believe that, in the absence of clemency, there is less than a 100% chance he'll be prosecuted? Being against clemency without taking a position on prosecution is kind of like advocating jumping off a cliff but not taking a position on whether or not you fall to the ground. There may be a semantic distinction, but no practical one.
> am I adequately summarizing your belief by saying that regardless of what they write, if the Washington Post Editorial Page genuinely believes that Snowden shouldn't be given clemency, then they should also believe that the Washington Post itself should be shuttered (or turned over to a different team)?
And that they should also be charged and prosecuted as Snowden's willing accomplices. Yes. At least if they want to be honorable (and logically consistent).
Look at the Post's justification for opposing clemency:
"The complication is that Mr. Snowden did more than that. He also pilfered, and leaked, information about a separate overseas NSA Internet-monitoring program, PRISM, that was both clearly legal and not clearly threatening to privacy. (It was also not permanent; the law authorizing it expires next year.) Worse — far worse — he also leaked details of basically defensible international intelligence operations: cooperation with Scandinavian services against Russia; spying on the wife of an Osama bin Laden associate; and certain offensive cyber operations in China."
It was the Post (and the Guardian) who made the decisions to publish these documents, not Snowden! He had neither the time not the inclination to make these kinds of editorial decisions. He grabbed what he could and ran. (And let's not forget that before he did this, he tried to address the problem -- which everyone concedes was a real and very serious problem -- through the "proper channels" and was smacked down.) He then relied on others, including the Post, to filter what he had and decide what should be published and what should remain secret. If things were published that should not have been, then the Post is at least as culpable as Snowden if not more so.
For at least the next 4 years (barring impeachment), there is no chance that Snowden can set foot in the US without being immediately arrested and prosecuted.
I think I understand where you're coming from.
I don't agree: I don't think the Post's culpability in spreading Snowden's leak controls the appropriateness of charging Snowden. I think the two are separable issues. I understand why you don't.
Further, I'm closer to the Post editorial's position on clemency for Snowden than to the ACLU's (absent substantial new information about what Snowden did, I'd be unhappy if he spent time in prison). While I could quibble with the examples the Post chose to illustrate their position, I find the logic mostly agreeable.
Regardless of what they've reported, I think it's incumbent on the Post's editorial team to publish their genuinely held opinions on public policy issues. If they believe what they wrote, I think it's important that they published it, instead of pretending that their opinion is different to retain consistency.
But after reading everything you've written, I've come to the conclusion that regardless of the Post's position, it's a badly written editorial:
* It uses dumb examples (like PRISM) that don't fully support its argument and so you can't really reach an informed conclusion about it without a lot of previous context.
* By failing to mention the Post's own role in the story, the Post loses more or less all its credibility, which make the Editorial toothless.
Like I said, I get why we disagree. Thanks for taking the time to talk about this!
Let's leave aside the question of what actions should be taken. The important question is this: Does the Post bear any responsibility for the decisions of its news editors to run the PRISM stories?
is there an editorial they could have written that would advance their opinion about clemency and not been treacherous?
I think the nature of the opinion itself makes it an unavoidable binary of betrayal / non-betrayal here, since to say now that the leaks were unjustified, is a complete reversal from their prior implicit stance.
Given that Snowden approached them for editorial oversight, and they made the executive decisions to publish some documents, to declare later that those same reports were illegal would have to be a betrayal of their source's trust by definition, regardless of whether it is justified, moral or correct.
I agree that hypocrisy is an independent dimension. They could do a complete moral cleansing by taking responsibility for their actions, but even that wouldn't negate the betrayal.
As an aside, I am not put off by the treachery or disloyalty as much (since that can be inevitable at times - Snowden himself betrayed his employers out of his moral convictions), just WaPo's intellectual dishonesty as they went about it.
Apart from outing an anonymous one or altering the information they provide, what does it mean to "betray" a source? I keep asking this and not getting a clear response. In accepting documents from Snowden and profiting from them, did the Post assume an obligation never to advocate against Snowden's interests? If you believe that to be the case, could you support that argument with evidence? Is this a rule of journalism I'm not acquainted with?
You're right that they don't have a bunch of obligations to stick by Snowden through legal challenges. Yes, it is ethically acceptable to publish public-interest excerpts from a source they believe is intrinsically illegal. They can also loudly have problems with the way he engaged with other media actors (a la publishing overly sensitive information) and still have a relationship with their source. Their contract with him is purely "do your best to mine and publish what you believe to be in the public interest from this trove of (possibly illegal) data".
Simply put, you can say WaPo initially betrayed Snowden by (in their mind) publishing sensitive info (betrayal by incompetence). If their present thesis is correct, then they were intimately involved in increasing public harm from the leaks. At this juncture they had a number of options to make things right by their perception, but the one they chose was to attribute all blame to him (betrayal by deception).
Not that Snowden had some special right not to be betrayed. He engaged with a lot of media actors, laid a lot of trust by their sense of journalistic ethics, and had to have accepted the risk of whatever fallout could happen from some of the outlets not acting in a trustworthy manner (mitigated by how selectively he involved people). That one of them "betrayed" him by not doing their job well, or pointing fingers at him is not really interesting. Again, I find the WaPo's dishonesty about their own role more interesting.
> In accepting documents from Snowden and profiting from them, did the Post assume an obligation never to advocate against Snowden's interests?
That's too broad. The question is whether the Post assumed an obligation not to advocate for Snowden to be prosecuted for leaking the specific material they chose to publish.
I don't know what "evidence" would apply to a moral argument, but it seems like common sense to me. If I help you commit a crime, what moral standing do I have to publicly call for your prosecution?
Wellll, that was a very different situation. Ted Kaczynski was not a leaker. They published it in the hope that someone would recognize it and identify him -- which is exactly what happened.
Of course I don't know what was in their hearts when they made the decision, but their public statement was to the contrary:
Donald E. Graham, The Post's publisher, and Arthur O. Sulzberger Jr., publisher of the New York Times, said they jointly decided to publish the document "for public safety reasons" after meeting last Wednesday with Attorney General Janet Reno and FBI Director Louis J. Freeh. [...]
"From the beginning, the two newspapers have consulted closely on the issue of whether to publish under the threat of violence. We have also consulted law enforcement officials," Graham and Sulzberger said in a joint statement. "Both the attorney general and the director of the Federal Bureau of Investigation have now recommended that we print this document for public safety reasons, and we have agreed to do so." [...]
"Neither paper would have printed this document for journalistic reasons," Graham said in an interview. "We thought there was an obvious public safety issue involved and therefore sought the advice of responsible federal officials. We are printing it for public safety reasons, not journalistic reasons." [0]
Okay, this doesn't explicitly support my impression that the possibility of getting a lead in the case was specifically suggested in prospect as a reason to publish, though some Wikipedia editor thinks that was the case ("[Freeh and Reno] recommended publication out of concern for public safety and in hopes that a reader could identify the author" [1]; it's not clear what citation this is based on). But it does seem to indicate that if their motives were as you suggest, they managed to keep that fact to themselves.
They're deploring something they participated in. In the most morally-neutral and non-judgmental terms, that is "inconsistent."
If you do something that you regret either immediately or after a delay, that is customarily communicated by means of an apology. That reconciles the two inconsistent behaviors.
Without an apology, their own participation is what makes it impossible for this to be considered a non-treacherous editorial.
Now add: what the Post did was more severe and "damaging" (assuming you hold that view, which I don't) than what Snowden did. It's like a murderer writing an editorial saying "no clemency for the knife salesman!" Those knife salesmen! They really should be behind bars forever, so innocent and virtuous murderers aren't tempted to use those knives, which of course they must!!!
> Could Baron have done the right thing given the ambit of the Post's newsroom, and the Editorial Page also the right thing in putting forward the argument against blanket clemency?
No. There is no dissonance here whatsoever.
Editorial just cost WaPo an unfathomable number of sources. If you're playing the right move game and consider solely the masthead's interest, carpetbombing loyalty to sources is an extremely stupid move for a masthead to make. I think this is something Greenwald missed given his characterization of WaPo acting in its own self interest; the editorial is inexplicable in that frame of reference.
Then you're wrong and arguing a definition of 'opinion' that appears in no dictionary of which I am aware. Mine is not a controversial statement within the industry, so I'm rather surprised to run into an argument and pushback outside. What do people think editorials are?
They have this opinion for a reason and were willing to bite a source to advance it. Follow the reason.
Uh, no, but thanks for feeding me an opinion that I don't have. Jeff Bezos didn't even enter this picture for me. You're better than this, come on.
WaPo considered its network of government-friendly sources against a single, prominent government-unfriendly source. That's the calculus and why they can't advocate his pardon. I'm not writing a Dan Brown novel here and I'm pretty annoyed with you straw manning me to your preferred target. This would be like Barbara Starr biting Defense.
Is this really news to you, that the Washington Post tends to maintain formation with the city in its name?
Sorry, I thought you were referring to other comments on this thread about Bezos in solidarity. I took a rhetorical shortcut that didn't work out for me.
I do not understand this cui bono logic.
I think it's the role of an Editorial Page to take positions on matters of current events and public policy, and do so so in good faith (ie, to relate the genuinely held and reasonably informed opinions of the staff). My take on the role of an Editorial Page seems like it's pretty much the opposite of your take, which is that the Editorial Page exists to advance the interests of the paper itself.
The point is that the editorial board's denunciation of Snowden is empty, dishonest, and to be ignored unless it comes with an equally contemptuous charge against the WaPo news dept.
re-edit: I did originally call it a throwaway comment, which while I still kind of feel to be the case, recanted when I saw he put effort lower in the thread.
I agree, but I also see the situation as more nuanced than Greenwald.
Columnists and staff writers working for the same paper can have divergent opinions, and in the case of WaPost, this editorial was not written by the same group of people responsible for breaking the leaks. With some caveats, journalistic autonomy within a paper is a good thing--it helps push back against top-down bias from editors and owners (although, as others have pointed out, maybe WaPost isn't a good example). So there is a tension between Greenwald's monolithic indictment of WaPost and the ideal of journalistic integrity, where an individual journalist can freely publish an informed opinion without outside influence, including from the paper hierarchy.
But this still doesn't excuse the Washington Post. Publicly disagreeing with a colleague is categorically different from protecting a colleague's source. Usually this means protecting anonymity, but in the case of Snowden it's about protecting his safety and well-being: things indirectly threatened by calling for his prosecution if he returns to US soil. Protecting a source should be considered transitive and inherited by the parent publication, taking precedence over the above-mentioned journalistic autonomy. While maybe not an ethical universal, WaPost being one of four publications to receive the leaks, then publishing them extensively, then winning a Pulitzer for having done so does not make for an exculpatory edge case.
> Publicly disagreeing with a colleague is categorically different from protecting a colleague's source
The infuriating part is that they're not admitting to the fact that they're publicly disagreeing.
Sure, it's obvious if you know the facts - their paper published the details of PRISM. If publishing those details was wrong, then the editors who chose to run that story were wrong.
But they never say that.
If this editorial said "Snowden should be charged, and those journalists from this paper who chose to publish the details of programs such as PRISM should be fired and be investigated by the relevant authorities" then it would at least be honest (and also a horrible betrayal of both the paper's source and its staff)
But they won't admit that when they claim Snowden caused ' “tremendous damage” to national security', that they need to level that same charge at their own colleagues.
If Snowden acted against the national interest in providing documents to journalists, then an even stronger claim can be brought against the journalists who published those stories to the public. That The Post chooses to ignore that is pure cowardice.
>there is a tension between Greenwald's monolithic indictment of WaPost and the ideal of journalistic integrity, where an individual journalist can freely publish an informed opinion without outside influence, including from the paper hierarchy.
You think so? I disagree - I don't see such a problem with Greenwald's indictment of the post. The editorial column was written by the Post's editorial board--not an individual journalist as you wrote.
Your respect and admiration absolve him of his responsibilities.
This is something I'm seeing more and more - "Snowden is a hero, but should stand trial and face his responsibilities." It's an oxymoron as far as I can figure, and I'm deeply disturbed by it. Either we should know what was revealed, and our government needs checking, or not. But if so, outing that information is heroic and extralegal. If you truly want no one to ever take the same risk Snowden took for the citizens of the US, let the citizens be the ones to throw him to the dogs.
When Daniel Ellsberg leaked the Pentagon Papers, he didn't immediately flee to a foreign country to avoid prosecution. Indeed, he willingly submitted to arrest (under the same law that Snowden is charged under).
That Snowden appears to be trying to run away from the consequences of his actions makes him less of a hero in my eyes.
Yet when I surrendered to arrest in Boston, having given out my last copies of the papers the night before, I was released on personal recognizance bond the same day. Later, when my charges were increased from the original three counts to 12, carrying a possible 115-year sentence, my bond was increased to $50,000. But for the whole two years I was under indictment, I was free to speak to the media and at rallies and public lectures. I was, after all, part of a movement against an ongoing war. Helping to end that war was my preeminent concern. I couldn’t have done that abroad, and leaving the country never entered my mind.
There is no chance that experience could be reproduced today, let alone that a trial could be terminated by the revelation of White House actions against a defendant that were clearly criminal in Richard Nixon’s era — and figured in his resignation in the face of impeachment — but are today all regarded as legal (including an attempt to “incapacitate me totally”).
[...]
He would almost certainly be confined in total isolation, even longer than the more than eight months Manning suffered during his three years of imprisonment before his trial began recently. The United Nations Special Rapporteur for Torture described Manning’s conditions as “cruel, inhuman and degrading.” (That realistic prospect, by itself, is grounds for most countries granting Snowden asylum, if they could withstand bullying and bribery from the United States.)
When Daniel Ellsberg leaked the Pentagon Papers, the United States wasn't quite so much in the habit of, among other things, legally justifying torture to extract information as it is apparently today.
The legal and political ecosystem has fundamentally shifted post-9/11, and I don't know it's fair to hold a modern whistleblower to a standard that existed in the '70s.
(That's a long-winded way of saying "I wouldn't trust the government either." ;) )
I was referring to the need for a martyr. Though if you are biblically minded, then by allowing Snowden to be crucified we are bringing a curse upon ourselves, cf Barabbas.
No, the "hero" (and I don't think Snowden is one, but I am biased from personal experience) should, if he believes himself to be in the right, defend himself in front of a jury of his peers. That's not the same thing as "suffering"; that's how the judicial system works.
Why? What's the connection between believing one's actions to be right and surrendering to the justice system? Especially if he believes, no doubt correctly, that he would be found guilty and punished severely.
Juries have many times chosen to take a more holistic view of the law, determining that sometimes prosectution is not in the public interest, known as jury nullification.
Juries are in no way bound to find even the most egregiously culpable defendants guilty of committing a crime. Choosing not to do so is not claiming the person did not break the law, but a claim that the law itself was wrong.
It happens every once in a while and is an important feature, not bug of the American judiciary.
Jury nullification is a right, yes. However, jury instruction will very deliberately claim otherwise, and most people do follow it (and if, during jury selection, anyone hints at understanding what it is, they will almost certainly be excused). So realistically it's a very inefficient check.
I consider jury nullification to be a right. I don't consider it to be a moral duty. An impartial jury, from that perspective, is the one that rules according to the law as written.
(I wouldn't do so - but I wouldn't consider myself impartial, either.)
An impartial [1] jury wouldn't immediately accept the word of the law as correct.
In US courts, the letter of the law itself is one of the disputants. It is just as vulnerable to questioning as the prosecutor's case and the defendant's case. That's why court rulings actually do affect the law itself (judicial precedence), they don't only affect a particular case. Again, this is all by design.
Regardless, your response is totally irrelevant. I didn't ask about the morality of anything. Your statement that a jury is obligated to find in any direction is totally false. There is no such obligation in the US, nor will there ever be.
[1] Impartial: Treating all rivals or disputants equally
I believe there's some confusion here between legal and moral obligations. There's no legal obligation for the jury to find in any direction, yes - that is the basis for nullification. However, whether nullification is an intentional feature, or an unavoidable but undesirable side effect of the jury trial system, is very much up for debate. If you look at juror's oaths, they generally tend to embrace the latter approach. For example:
"You must not substitute or follow your own notion or opinion as to what the law is or ought to be. It is your duty to apply the law as I explain it to you, regardless of the consequences"
So when a juror nullifies, they break that oath. Insofar as that oath exists, it sets society's expectations of what the jury does.
"Impartial" was perhaps not the best choice of word for this, I agree.
An impartial jury would recognize that breaking that law was the right thing to do because the law was wrong and unjust, and therefore should be abolished. It's not like the US legal system came down from heaven.
It's pretty despicable to profit from printing the information and then argue that the person who provided it shouldn't have done so. Surely if you think Snowden should be prosecuted for providing you with the information you should equally be prosecuted from printing illegally obtained information that you don't think was in the public interest. And to make matters worse that information (specifically PRISM which they call out) is still being published by WaPo [1]. Talk about hypocrisy.
To play the devil's advocate here: this entire article rests on the assumption that the only way public interest could be served by exposing a government program is if that secret program is criminal. But this isn't true - the public's interest could be served even if the program is not criminal. So in my view, Washington Post is not being inconsistent - it is taking the view that while it PriSM was not criminal program, it was in the public's interest to know that it exists.
A lot of times we seem to confuse 'is illegal' with 'should be illegal' - these are very different concepts. Washington Post did not necessarily take the position that PriSM was illegal in their articles, they merely supposed it was in the public's interest to know about it. Presumably to have a public debate about whether it should be illegal.
>> "it is taking the view that while it PriSM was not criminal program, it was in the public's interest to know that it exists"
How did you get to that conclusion? To me it reads that they thought PRISM was not criminal AND not in the public's interest.
"...the Post suggests, there was no public interest whatsoever in revealing any of the other programs. In fact, they say, real harm was done by their exposure. That includes PRISM"
So essentially the public did not need to know about PRISM and Snowden should not have made information about it public - when it wasn't Snowden, it was WaPo that made it public. They're shifting the blame. Initially they thought it was in the public interest so they printed it. Now they're saying it was not in the public interest.
Was in the process of typing this exact response. Aqueous, I think you misread a bit. WaPo is trying to claim that exposing PRISM served no public interest while simultaneously publishing the information about PRISM. Whether the program is illegal or not is irrelevant -- that's grossly hypocritical behavior.
You are correct. I should have read more carefully. They do seem to have changed their minds. I do feel that WaPo should address the inconsistency
I think my point about the difference between 'is illegal' and 'should be illegal' still stands though. A lot of the debate was confused about whether or not this program was illegal with a lot of people not caring very much about the very specific ways in which the program avoided skirting the law. Nobody examined the specifics, and everybody assumed it was illegal and unconstitutional. This public reaction may have impeded ongoing investigations, and so it could be that Washington Post ultimately saw that it was not in the public interest to reveal the program.
As Greenwald himself says, the editorial board does not speak for the reporting staff. Usually, few if any of the news editors are on the board. That's why you'll sometimes see the editorial board of a newspaper endorsing a candidate that their investigative reporting team just ransacked.
The title is a bit clickbaity, and I think Greenwald sometimes lets his politics get the better of him, but I think he makes a perfectly valid point here: it is not only difficult, but also impossible, to reconcile Washington Post's past reporting, together with their own claims of that reporting being in the public interest, with that editorial.
That said, I'm not sure I buy the explanation that it's about "protecting access". There are many cases where groupthink developed on its own just fine (like maybe the support for the Iraq war way back when), so it could be narrow self-serving interest, but it could also be incompetence. And don't attribute to malice what can be explained by stupidity, and so on.
> Greenwald sometimes lets his politics get the better of him
Sometimes? That's his whole raison d'etre. He's a political campaigner in all but name. One may or may not like his politics, but let's not pretend that he's a dispassionate observer.
There's nothing wrong with that. I'll let Will McAvoy of Newsroom (Aaron Sorkin) answer that for you. Take a look at one of the first season's episodes.
I didn't say there was anything wrong with it. I'm just expressing surprise that someone seemed to think that Greenwald wasn't always extremely political.
Why does it need to be deceit? People can be a bit short sighted when it comes to proponents of their own particular ideology.
I neither suggested that conistonwater was lying, nor that there's anything wrong with Greenwald being an activist, just that we should openly acknowledge the latter.
When my kids pretend to do things, they are under no illusions that anyone believes it to be true.
When we say that people pretend something is true, we're usually implying that they're choosing to believe in their own myth, not that they're trying to deceive others.
Greenwald makes an important point and then sabotages it with over-the-top emotional appeals.
He's right that the Editorial Page editors should acknowledge the Post's own role in publicizing NSA foreign ops. He's probably right that Marty Baron would disagree with the Editorial. It is hypocritical for the Post to campaign against clemency for Snowden without acknowledging their (prominent) role in the leaks.
But it's not enough for Greenwald to make an interesting point. Anything interesting Greenwald has to say must be deployed in the service of his own campaign against the Post and the New York Times, against the journalistic establishment, and, ultimately, the US Government. So, interleaved among all the grafs establishing the Post's hypocrisy we have a parallel story of cowardice and betrayal, of the Post somehow setting new precedents in how papers handle sources. quelle horreur.
The Post can be hypocritical and still, potentially, correct in opining about clemency for Snowden.
The Post can be cowardly and still correct.
Criminals have been sources for newspapers for as long as there's been newspapers. A reporter takes on some obligations --- created by norms and barely if at all recognized by law --- when engaging a reluctant or vulnerable source. But none of those obligations include full-throated support for the
sources interests moving forward. How would that even make sense?
Greenwald makes this critique even easier to write when he drags Frad Kaplan into his litany of cowardice. Kaplan wasn't one of the Post's Snowden-sourced journalists, and the piece that has Greenwald outraged is criticism of Oliver Stone's Snowden movie --- criticism that we can quibble with, but that is overall well-founded and seemingly absent from the discussion about the movie. Seemingly for the sole offense of having an opinion that differs from Greenwald's (and for being a member of the evil journalistic establishment), Kaplan too must join the league of cowardice.
What's most maddening to me is the narrative (because everything about Snowden needs to be a narrative, with an arc and a resolution that we all collectively evaluate to derive the Metacritic score for this part of American history) that Snowden has through bravery somehow transcended accountability, and that entities like the Post through cowardice have surrendered any future claim to reason or judgement.
We can argue all day about Snowden's bravery (the other side of the Snowden debate has another side of the bravery argument, too, and just as unproductive). But stipulate that he was unimpeachably courageous. So what? Lots of brave people do counterproductive things. Abortion clinic bombers are brave. Bank robbers are brave. The dude who phished all those celebrity iCloud accounts and published the photos --- I don't know if he knew how "brave" that was, but that took some stones. Firefighters are brave and so were the medics on the beaches of Normandy. In evaluating someone's actions, we need more data than "courage" or even best intentions to come to a conclusion.
There are no doubt many good arguments for total clemency for Snowden. I probably don't agree with them (cards on the table: in my own fictional narrative of the Snowden story, he's convicted of something meaningful and has his sentence immediately suspended). But none of those arguments should have much to do with "bravery".
> What's most maddening to me is the narrative [...] that Snowden has through bravery somehow transcended accountability
I don't know where you're getting that. It's certainly not what Greenwald is saying. He's saying (and I agree) that Snowden acted responsibly by leaving to journalists the decision of what, of all the leaked material, to publish. He didn't just throw the whole pile on Wikileaks. Does that not make a difference to you? Does the Post bear no responsibility whatsoever for the decisions of their own news editors?
The fact that Snowden didn't do the worst possible thing and just dump everything onto BitTorrent does not for me suggest that Snowden's actions are unimpeachable.
But I also have grave problems with the manner in which the Snowden cache was handled. I don't think the Washington Post, the New York Times, or the Guardian have the OPSEC chops to protect the data. But more than that, I don't think The Washington Post, Glenn Greenwald, The New York Times, and The Guardian can generate the right set of expertise to evaluate all these documents. I wonder, for instance, how much sooner we'd have discovered the Juniper backdoor --- possibly the most catastrophic backdoor in the history of the Internet --- if a larger collection of experts was somehow allowed to review the cache.
The whole thing, to me, seems like a giant clusterfuck animated more by egos and clique dynamics than by a coherent public policy goal.
So I have no trouble understanding people who put forward arguments that, despite his bravery, Snowden should be accountable for the totality of his actions, and not just the ones that produced outcomes we're all pleased with.
> I have no trouble understanding people who put forward arguments that, despite his bravery, Snowden should be accountable for the totality of his actions, and not just the ones that produced outcomes we're all pleased with.
I have no problem with that either, as long as we don't forget the accountability of the other people involved. That would include those who initiated and furthered the unconstitutional NSA programs; those who kept them hidden even from Congress; those to whom Snowden gave the documents; and, to some extent, all the rest of us looking on, at whatever distance, and commenting (or not).
> The whole thing, to me, seems like a giant clusterfuck animated more by egos and clique dynamics than by a coherent public policy goal.
Any more than, say, the American Revolution?
I suspect the creation of history is always a bit messy when it involves human beings.
It is just not the case that the state is obligated to withhold prosecution until everyone who could possibly be culpable is also charged. This is logic that is deployed constantly on HN --- most commonly in the form of "none of the banksters went to prison so why are we prosecuting XXX" --- and it's just not valid. No state works that way.
I would be really happy to see NSA employees charged for (provable) abuse of laws governing their operations. I totally believe that a lot of what NSA has done has been abusive. I mean that in the sense of: I would feel better about our country if that happened.
But the fact that it hasn't happened or even that it won't happen doesn't change my feelings about whether Snowden should be accountable for his actions.
The state is obligated to cease withholding prosecution of those who are 100% in their jurisdiction to prosecute right now.
You'd love it if the powerful were brought to justice for breaking the law but you're largely unfussed by it brazenly being stifled. This has no influence on your belief of the necessity of going after the one who exposed them? This will result in it being less likely that we're going to find out about criminality by these people abusing their power. This gives the optics of the prosecutor's office being in support of the rampant, flagrant, totally illegal abuse of power.
There is this idea about the rule of law and equality before it. Baying for the prosecution of the whistle blower while not tying it to the prosecution of all those utter crooks he exposed. It's straight up support of corruption. It's the same prosecutors' office deciding whether to prosecute both of these things it found out about simultaneously from the same source, isn't it?
The rule of law and equality before it is a thing. Some find it worthwhile and have fought, died and killed for it. Supporting it in both theory and practice seems admirable to me. I have trouble in seeing a similarly admirable quality in what you've written here.
> It is just not the case that the state is obligated to withhold prosecution until everyone who could possibly be culpable is also charged.
That's true, but it's not a license to scapegoat one person and let everyone else off scot-free. A legitimate attempt must be made to bring the other involved people to justice.
You know as well as I do that no one besides Snowden will ever be prosecuted in this connection. Everybody already knows that James Clapper perjured himself before Congress, and he hasn't even been fired.
They briefly allowed some industry people to look at a few of the documents, like Bruce Schneier who said he wished he could have had more time instead of being placed in front of a live OS with a few dozen pdfs the Guardian wanted him to review. As for OPSEC there was the time the Guardian leaked the password to the first Wikileaks large Manning dump (the Assange hotel napkin PGP password incident), then they actually wrote Op-Ed attack pieces on Assange for "releasing unredacted classified information".
The fact that it was people like Bruce Schneier who got access to the document, and not, say, Bruce Leidl, is a big part of my problem with the process used to evaluate the documents.
> I wonder, for instance, how much sooner we'd have discovered the Juniper backdoor --- possibly the most catastrophic backdoor in the history of the Internet --- if a larger collection of experts was somehow allowed to review the cache.
So you're claiming that he should be prosecuted and convicted for the leaks, but simultaneously that he should have allowed more people to have access to the leaks? This position doesn't seem very consistent.
> none of those obligations include full-throated support for the sources interests moving forward.
False dichotomy. They could have simply refrained from editorializing collectively on the matter at all.
As much as the editorial board members may not like it, they write under the same masthead as the newspeople who published the PRISM material. They get paid out of the same page views. If they really feel their news desk did something that was grossly irresponsible, they should quit.
They could have, I agree. What I don't understand is their obligation not to offer a genuinely held opinion about a public policy issue on their editorial page.
I agree that the editorial was hypocritical and should have made mention of the Post's own role.
There's no way such an editorial could fail to be hypocritical unless it said, We're returning our Pulitzer and firing our news team that worked on the story. Otherwise they've received benefit from what they themselves are arguing was an illegal and irresponsible act.
If the members of the editorial board who feel this way had quit, they would then be in a position to express their opinion in another venue without hypocrisy.
Anyway, it's a sad day for American journalism. They've guaranteed that the Post will never again be offered leaked material. I will be very surprised if they don't lose some of their newspeople over this.
Setting aside Greenwald's over-the-top emotional appeals, what do you think of the following logic (which may reflect the underlying reasoning):
1. Let's assume that the information obtained from the NSA was illegally acquired by Snowden.
2. The Washington Post purposely disseminated such illegally obtained information.
3. Following examination of the materials, it is difficult to believe that the Washington Post did not know that such material was classified, confidential, held state secrets, or was illegally obtained.
4. Therefore, the Washington Post knowingly and purposely disseminated illegally obtained information.
5. Arguably, the Washington post profited from the publishing of such illegally obtained information.
Given the above, shouldn't the Washington Post receive whatever punishment Snowden receives? If point #5 is true, it seems that the Washington Post should receive a greater punishment.
I don't know about criminal punishment. It's a complicated issue. It is extremely problematic that journalists can play an active role in disseminating state secrets and absolve themselves of responsibility. Also: the Washington Post clearly crossed the line from advocate for the US public interest to... something else... in their choices of what to public from the Snowden cache.
I'm not here to argue that the Post wasn't hypocritical. They clearly were.
I'm just saying:
* Hypocrisy doesn't invalidate the Post's argument. We can despise the Post's Editorial Page editors as much as Greenwald wants us to and still reach the conclusion that the editorial is valid (though incomplete).
* Greenwald is so eager to cast aspersions at journalists who disagree with him that he roped Fred Kaplan into his piece, despite his having nothing (that I know of) to do with the Post's handling of Snowden. Simply because Kaplan is also a journalist, Greenwald believes he's not entitled to correct the record on Oliver Stone's terribly flawed movie.
What I'd like to see addressed more is his decision to outsource judgement to the news outlets. It seems that there is a qualitative difference between choosing to out sensitive information yourself and letting someone else ostensibly more qualified make the decision.
Even if we concede the improper revelations, how do we characterize this lesser culpability?
The Post is in dissonance. Their comments are in conflict. They are speaking for the public's right to reasonable privacy that is not susceptible to what occurs when you exploit technology to gain an upper hand.
The game theory around government is that it thinks it has the right to "protect us" at some X% cost to trustworthiness between them and the public. Driven by that value, they will continue to rationalize higher levels of untrustworthiness.
There's a difference between the freedom to publish what is already leaked, and leaking in the first place. The former is protected by the First Amendment. The latter is not.
Even as a vehemently anti-Trump person, I find the Washington Post has become insufferably partisan to the point of making the left look bad. This is the final nail in the coffin of their legitimacy, to me.
Guys, we all know that Bezos is a micromanaging maniac. Because of this, he must have known (and approved) the stance that the Washington Post was taking on Snowden, right? What do you think?
I must say that I'm disappointed with Bezos...
(Separate point, I've recently been discovering that The Intercept is an outstanding paper. They have some real investigative journalism)
Snowden's revelations cost Amazon billions of dollars in AWS fees. In fact, it cost tens of billions of dollars to Silicon Valley companies over the past 3 years. This is why all these SV companies hate him so much.
I worked at Google (YouTube) during the Snowden revelations. I never got the impression that Google "hated" him. In fact, that statement doesn't even make sense: Google is tens of thousands of individuals. Of course, some considered what he'd done heroic, and some treasonous. My completely subjective impression was that he was generally favourably regarded.
I can say with first hand knowledge, yes, US businesses have lost out on international contracts immediately following the leaks. There are plenty of industries (legal ones), in which the realization of government monitoring caused them to change course and keep business local (or at least, significantly shift the amount of information they would trust to a US-hosted business). Doesn't matter if it's irrational or not, real money was lost to US businesses, and I'm sure Amazon would have been party to that (whether they could even distinguish it in their monsterous growth or not, who knows).
It seems oddly short-sighted for SV companies to place blame on the messenger and not, say, the espionage system that created an ecosystem where it's perfectly sensible for people to ask whether their data is actually secure when stored on the servers of companies headquartered in a nation that spies on its own people.
The US could easily have ruled the world in terms of technological sophistication in the cloud services space if the government had been able to keep its sticky fingers off of data that it didn't own. The fact that it couldn't is really the government's fault, not the man that exposed it. A secret this big doesn't stay secret.
> It seems oddly short-sighted for SV companies to place blame on the messenger and not, say, the espionage system that created an ecosystem where it's perfectly sensible for people to ask whether their data is actually secure when stored on the servers of companies headquartered in a nation that spies on its own people.
I don't think it's about blame, it's just that you can't trust US companies with your data anymore.
Do some googling on your own but here's one estimate:
>“It’s clear to every single tech company that this is affecting their bottom line,” said Daniel Castro, a senior analyst at the Information Technology and Innovation Foundation, who predicted that the United States cloud computing industry could lose $35 billion by 2016.
Actually, I believe this helped Cisco on the balance, as it delayed many companies on their march to cloud. China's been favoring Huawei equipment for a long time.
I agree. And I should add that Amazon is positioned to become the one global infrastructure layer in multiple areas. And despite Walmart's questionable labor practices, it remains the only viable opposition to Amazon's dominance in ecommerce. We don't know yet what Amazon would do if it achieves world domination and becomes the one button for everything but it's equally questionable labor practices don't leave me with much hope.
WashPost has definitely been on a visible decline since Jeff Bezos bought it. Extremely partisan and it tends to argue for the government (infamous "golden key" editorial, etc), rather than against it (in case we've all forgotten by now, that was supposed to be the job of the press). A lot of its articles are also Buzzfeedy and factfree.
The information and narratives governments want you to hear will be freely given in press releases.
All other information has to be found via investigation and possibly won't support or at least add complications and caveats to the official narrative.
So the press giving the complete picture to the masses does have a adversarial component to it.
No, it's more than that. They're the "Fourth Estate," supposedly to keep the government from abusing its power. They've abandoned that position. It's not clear that there's anything to replace the accountability they brought for a time. The Internet could have been that, but they've co-opted vast swaths of it already.
In that case, you might as well shut them down and at least let businesses and politicians pay for their PR. There is no public interest in re-printing press releases.
Amazon definitely has a significant problem with selling both dangerous products and counterfeit products. The move to paid listings has exacerbated a long standing problem with poor quality and fake products (not counterfeit but things such as "Egyptian cotton" sheets that are neither.) There is a big incentive to try to become as government friendly as possible.
Glenn Greenwald clearly doesn't understand the difference between journalism and editorialising. Does he seriously believe that the WaPo should have ignored the Snowden revelations about legitimate overseas intelligence operations, despite the fact that they knew that other news outlets were going to publish them? Does he not understand that the newspaper's job is to report the news?
They published the documents snowden gave them. They could have chosen not to and in fact they did in many other cases, only a small portion of the documents were ever published. None were published by snowden himself. He specifically wanted wapo to make the determination about what is actually in the public interest. They decided to publish the prism documents themselves.
If The Post believed that publishing the details of these programs was not in the public interest, then the news would have been "The Guardian newspaper recklessly endangers national security by leaking details of legitimate classified programs"
Actually leaking the details themselves isn't a neutral act, they willfully participated in the process that their editorial board is now condemning.