Wednesday 12 June 2013

On whistleblowers and government threats of investigation

No healthy democracy can endure when the most consequential acts of those in power remain secret and unaccountable


Ever since the Nixon administration broke into the office of Daniel Ellsberg's psychoanalyst's office, the tactic of the US government has been to attack and demonize whistleblowers as a means of distracting attention from their own exposed wrongdoing and destroying the credibility of the messenger so that everyone tunes out the message.  

They could easily enrich themselves by selling those documents for huge sums of money to foreign intelligence services. They could seek to harm the US government by acting at the direction of a foreign adversary and covertly pass those secrets to them. They could gratuitously expose the identity of covert agents.

None of the whistleblowers persecuted by the Obama administration as part of its unprecedented attack on whistleblowers has done any of that: not one of them. Nor have those who are responsible for these current disclosures.

They did not act with any self-interest in mind. The opposite is true: they undertook great personal risk and sacrifice for one overarching reason: to make their fellow citizens aware of what their government is doing in the dark. Their objective is to educate, to democratize, to create accountability for those in power.

The people who do this are heroes. They are the embodiment of heroism. 

They do it knowing exactly what is likely to be done to them by the planet's most powerful government, but they do it regardless. 

They don't benefit in any way from these acts. I don't want to over-simplify: human beings are complex, and usually act with multiple, mixed motives. But read this outstanding essay on this week's disclosures from The Atlantic's security expert, Bruce Schneier, to understand why these brave acts are so crucial.

Now, they know everything about what we do, and are constantly building systems to know more. Meanwhile, we know less and less about what they do, as they build walls of secrecy behind which they function. That's the imbalance that needs to come to an end.

No democracy can be healthy and functional if the most consequential acts of those who wield political power are completely unknown to those to whom they are supposed to be accountable.

The times in American history when political power was constrained was when they went too far and the system backlashed and imposed limits.

That's what happened in the mid-1970s when the excesses of J Edgar Hoover and Richard Nixon became so extreme that the legitimacy of the political system depended upon it imposing restraints on itself.

And that's what is happening now as the government continues on its orgies of whistleblower prosecutions, trying to criminalize journalism, and building a massive surveillance apparatus that destroys privacy, all in the dark. 

The more they overreact to measures of accountability and transparency - the more they so flagrantly abuse their power of secrecy and investigations and prosecutions - the more quickly that backlash will arrive.

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