Using WikiLeaks to justify torture?

Osama bin Laden’s death two weeks ago has prompted a bitter debate on US op-ed pages and cable TV shows over one of the major legacies of the Bush Administration: “enhanced interrogation techniques.” Defenders of the administration (and many of its former officials, who have rarely been heard from over the past two years) have emerged to insist bin Laden’s death vindicates the intelligence-gathering-at-all-costs strategy of the US War on Terror. (more…)

US media outlets criticised for their WikiLeaks stance

One of the oddest strands of the WikiLeaks story in the US over the past year — and this week marks the one-year anniversary of the release of the “collateral murder” video that first launched the site to fame — has been the reaction of other journalists. Traditional media outlets would seem to share much in common with the whistle-blowing site, most importantly the core public-service mission of holding power accountable.

US media outlets, though — and even those that have worked alongside WikiLeaks — have been among the outfit’s harshest critics.

“They’ve been joining — even leading — the chorus calling for the prosecution of WikiLeaks,” liberal columnist Glenn Greenwald said Friday at the National Conference for Media Reform in Boston. He held particular scorn for New York Times executive editor Bill Keller, who has been on a public speaking circuit lately trying to draw a distinction between the responsible Gray Lady and its troubled “source.” (Just imagine, suggested Christopher Warren, of the Australian Media, Entertainment and Arts Alliance, if every journalist had to pass the personality test to which Julian Assange has been held.)

Theories abound as to where all the hostility comes from, and it does seem to be unique to the American media. In it’s simplest form, it may be rooted in pure competitive jealousy. But Greenwald and several other panelists Friday pointed to a more worrisome strand in the US media psyche — a fear of illegitimate interlopers among the professional class of “gatekeepers.”

This could have dangerous consequences, Warren warns. When US media outlets like the New York Times insists on calling WIkiLeaks a “source” and not a media partner, they make it easier for the government to deny WikiLeaks — or any organisation like it in the future — the institutional protections afforded the press.

Australian journalists get this, Warren said.

“They understand that if we allow WikiLeaks to be singled out,” he said, “it’s a threat to every person who seeks to practice independent journalism.”

One of the other great ironies of this story is that, as Harvard professor Yochai Benkler has pointed out, government officials and traditional-media critics have come down all the harder on Wikileaks as it has grown more responsible, and come more to resemble a traditional media organisation than a mere document-dumping one. From the “collateral murder” video to the Iraq war logs, to the Afghan diaries to the diplomatic cable cache, WikiLeaks has evolved in how it releases documents, whom it gives them to and what gets redacted.

Today, it functions an awful lot like a media outlet in that sense — but a media outlet that differs from the Times, in Greenwald’s eyes, in that it feels no deference to the US government.

 

US Twitter ruling in WikiLeaks case appealed by users

The three Twitter subscribers whose personal information has been subpoenaed by the US government in connection with its investigation into WikiLeaks have appealed the court order that declared their account details unprotected by rights to privacy and free speech.

A district judge in Virginia ruled 11 March that Twitter must turn over the account information of Icelandic parliamentarian Birgitta Jonsdottir, Dutch businessman Rop Gonggrijp and U.S. activist Jacob Appelbaum. The judge, Theresa Buchanan, further rejected a motion by lawyers for the three to publicly disclose which other Internet companies had been secretly subpoenaed by the government for personal user information in the case.

The American Civil Liberties Union and Electronic Frontier Foundation appealed the decision on Friday on behalf of the three users, asking a US district judge to overturn the earlier ruling. The lawyers argue that the public has a significant interest in obtaining access to documents in the case that remain sealed (which could reveal that companies such as Google have been put in a similarly compromising position as Twitter).

The government is seeking access to all of the users’ information — including IP addresses — across an extended period of time, regardless of whether that “Twitter-related speech” had anything to do with WikiLeaks.

“The Twitter order’s breadth is especially significant because the Parties use Twitter extensively and/or have thousands of ‘followers’ who follow what they post,” the appeal states, “and each publishes many Twitter messages wholly unrelated to WikiLeaks, including Tweets discussing Tibet and Tunisia, the Icelandic Volcano, the Transportation Security Administration, obscenity and gay marriage laws.”

The lawyers argue that because of this broad net, the subpoena does not satisfy standards under the Stored Communications Act that the government must provide “specific and articulable facts” suggesting the information is relevant to an ongoing criminal investigation.

Buchanan reasoned that the three users had already made their Twitter posts and associations public through the networking site. But the EFF and ACLU counter that the subpoena seeks significant information that is currently private — including the geographic location of the users when they posted messages, and the identity and location of every user with whom they exchanged private messages.

“It is all private,” the appeal states of the information requested by the government. “The Twitter Order thus has a chilling effect not only on the Parties’ speech and association rights, but on the rights of Twitter users in general, including the Parties’ followers, who will now fear that the government may secretly track their activities, seize their account information, and even map their movements and associations based on what they say about matters of public concern or with whom they communicate regarding political issues. As the Supreme Court has cautioned ‘[t]hese freedoms are delicate and vulnerable, as well as supremely precious in our society.'”