David Cole, expanding on his recent piece in The New York Review of Books, considers the perpetrators of the major intelligence leaks currently dominating the headlines: Edward Snowden, Bradley (now Chelsea) Manning, and Julian Assange. Cole reviews the actions and avowed motivations of these individuals—noting their similarities and differences—while subjecting each situation to legal analysis. Cole acknowledges the complex justifications on all sides, ultimately drawing out complicated questions of civic responsibility on the part of leakers and American society.
The author reflects on a symposium panel discussion on “Swimming in the Ocean of Big Data: National Security in the Age of Unlimited Information” that occurred before the Snowden disclosures. He analyzes the panel discussion in context of the time at which it occurred and compares it to what has become known since June 2013. The article then focuses on the path to reform, specifically by focusing attention on the strengths and weaknesses of data collection by both the public and private sectors.
In one of her speeches on Internet freedom, Secretary of State Hillary Rodham Clinton said that “[t]he fact that WikiLeaks used the internet is not the reason we criticized its actions.” Although Clinton is correct that it is essential to separate the technology WikiLeaks uses from its actions, the digital age has raised new concerns about the unauthorized dissemination of sensitive national security information. New technology has made it much easier to leak and otherwise disseminate national security information. At the same time, leaks continue to play an essential role in checking governmental power and often make invaluable contributions to our public debate. WikiLeaks has prompted renewed debate concerning when the disclosure of national security information by nongovernmental actors should be protected, both as a policy matter and as a matter of constitutional law.
One dominant theme in the discussion of how to strike the balance between an informed public and the need to protect legitimate national security secrets is whether new media entities like WikiLeaks are part of“the press” and whether Julian Assange and his cohorts are engaging in“journalism.” As the gathering and distribution of news and information becomes more widely dispersed, and the act of informing the public more participatory and collaborative, however, determining who is engaging in journalism and what constitutes the press has become increasingly difficult. It is not possible to draw lines based on the medium of communication, the journalistic background of the publisher, the editing process, the size of the audience, or the methods used to obtain the information.