Leak investigations and the right to report

silencedLast night, I moderated a discussion that followed the screening of Silenced, a new documentary that tells the stories of three whistleblowers who exposed torture, mass surveillance and government waste. Directed by Jamies Spione, funded partly by a $40,000-Kickstarter fundraising campaign, and executive-produced by Susan Sarandon, it’s a powerful film that shows how these insiders in the national-security establishment were intimidated and penalized for exposing the abuse of government power.

Their stories are not new. What Spione brought to the screen was the humanity of the whistleblowers and the patriotic idealism that compelled them to work in government agencies like the NSA and the CIA and then to speak out against the excesses they saw there. If anything, Silenced dramatizes how the landscape of government secrecy has changed dramatically since 9/11 and the war on terror. It makes the argument that whistleblowers play an essential role: Leaks are a necessary prophylactic, especially when they reveal the abuse of public authority and the harm done to the rights of citizens.

Investigative journalism is all about uncovering secrets, but no journalist will dispute that governments have the right to keep things under wraps. Secrecy, however, is also prone to abuse. Not all secrecy is justified, and it can be argued that whistleblowers and leakers deserve protection if they disclose important, if secret, information that is in the public interest.

These questions have come to the fore as technology has made leaking easier — the estimated 1.7 million documents that NSA contractor Edward Snowden supposedly has in some hard drives is a good example. At the same time, more advanced tools of email and phone surveillance have enhanced the ability of governments to track the sources of leaks.

Until this month, I thought that the U.S. government’s aggressive pursuit of media leaks was confined to state secrets and national security. But as it turns out, it’s not just the CIA, the National Security Agency or the Justice Department that has gone after unauthorized information disclosures.

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