Seehund
Banned
Assange claims that by revealing these secrets Wikileaks is doing a service. His ultimate maxim, as he has said on several occasions, is that if money and resources are being spent on keeping something secret, then the reasons must be insidious. Nations have secrets for many reasons, from protecting a military or intelligence advantage to seeking some advantage in negotiations to, at times, hiding nefarious plans. But it is difficult to imagine a state — or a business or a church — acting without confidentiality. No business could do that, nor could any other institution. Note how vigorously Wikileaks hides the inner workings of its own organization, from how it is funded to the people it employs.
Assange’s claims are made even more interesting in terms of his “thermonuclear” threat. Apparently there are massive files that will be revealed if any harm comes to him. Implicit is the idea that they will not be revealed if he is unharmed — otherwise the threat makes no sense. So, Assange’s position is that he has secrets and will keep them secret if he is not harmed. I regard this as a perfectly reasonable and plausible position. One of the best uses for secrets is to control what the other side does to you. So Assange is absolutely committed to revealing the truth unless it serves his interests not to, in which case the public has no need to know.
It is difficult to see what harm the leaks have done, beyond embarrassment. It is also difficult to understand why Wikileaks thinks it has changed history or why Assange lacks a sufficient sense of irony not to see the contradiction between his position on openness and his willingness to keep secrets when they benefit him. But there is also something important here, which is how this all was leaked in the first place.
The real issue is who had access to this mass of files and what controls were put on them. One of the reasons to be casual is that this was information that was classified secret and below, with the vast majority being at the confidential, no-foreign-distribution level. This information was not considered highly sensitive by the U.S. government. Based on the latest trove, it is hard to figure out how the U.S. government decides to classify material. But it has to be remembered that given their level of classification these files did not have the highest security around them because they were not seen as highly sensitive.
Still, a crime occurred. According to the case of Daniel Ellsberg, who gave a copy of the Pentagon Papers on Vietnam to a New York Times reporter, it is a crime for someone with a security clearance to provide classified material for publication but not a crime for a publisher to publish it, or so it has become practice since the Ellsberg case. Legal experts can debate the nuances, but this has been the practice for almost 40 years. The bright line is whether the publisher in any way encouraged or participated in either the theft of the information or in having it passed on to him. In the Ellsberg case, he handed it to reporters without them even knowing what it was. Assange has been insisting that he was the passive recipient of information that he had nothing to do with securing.
Now it is interesting whether the sheer existence of Wikileaks constituted encouragement or conspiracy with anyone willing to pass on classified information to him. But more interesting by far is the sequence of events that led a U.S. Army private first class not only to secure the material but to know where to send it and how to get it there. If Pfc. Bradley Manning conceived and executed the theft by himself, and gave the information to Wikileaks unprompted, Assange is clear. But anyone who assisted Manning or encouraged him is probably guilty of conspiracy, and if Assange knew what was being done, he is probably guilty, too. There was talk about some people at MIT helping Manning. Unscrambling the sequence is what the Justice Department is undoubtedly doing now. Assange cannot be guilty of treason, since he isn’t a U.S. citizen. But he could be guilty of espionage. His best defense will be that he can’t be guilty of espionage because the material that was stolen was so trivial.
I have no idea whether or when he got involved in the acquisition of the material. I do know — given the material leaked so far — that there is little beyond minor embarrassments contained within it. Therefore, Assange’s claim that geopolitics has changed is as false as it is bold. Whether he committed any crime, including rape, is something I have no idea about. What he is clearly guilty of is hyperbole. But contrary to what he intended, he did do a service to the United States. New controls will be placed on the kind of low-grade material he published. Secretary of Defense Gates made the following point on this:
“Now, I’ve heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think those descriptions are fairly significantly overwrought. The fact is, governments deal with the United States because it’s in their interest, not because they like us, not because they trust us, and not because they believe we can keep secrets. Many governments — some governments — deal with us because they fear us, some because they respect us, most because they need us. We are still essentially, as has been said before, the indispensable nation.
“Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest.”
I don’t like to give anyone else the final word, but in this case Robert Gates’ view is definitive. One can pretend that Wikileaks has redefined geopolitics, but it hasn’t come close.
Assange’s claims are made even more interesting in terms of his “thermonuclear” threat. Apparently there are massive files that will be revealed if any harm comes to him. Implicit is the idea that they will not be revealed if he is unharmed — otherwise the threat makes no sense. So, Assange’s position is that he has secrets and will keep them secret if he is not harmed. I regard this as a perfectly reasonable and plausible position. One of the best uses for secrets is to control what the other side does to you. So Assange is absolutely committed to revealing the truth unless it serves his interests not to, in which case the public has no need to know.
It is difficult to see what harm the leaks have done, beyond embarrassment. It is also difficult to understand why Wikileaks thinks it has changed history or why Assange lacks a sufficient sense of irony not to see the contradiction between his position on openness and his willingness to keep secrets when they benefit him. But there is also something important here, which is how this all was leaked in the first place.
The real issue is who had access to this mass of files and what controls were put on them. One of the reasons to be casual is that this was information that was classified secret and below, with the vast majority being at the confidential, no-foreign-distribution level. This information was not considered highly sensitive by the U.S. government. Based on the latest trove, it is hard to figure out how the U.S. government decides to classify material. But it has to be remembered that given their level of classification these files did not have the highest security around them because they were not seen as highly sensitive.
Still, a crime occurred. According to the case of Daniel Ellsberg, who gave a copy of the Pentagon Papers on Vietnam to a New York Times reporter, it is a crime for someone with a security clearance to provide classified material for publication but not a crime for a publisher to publish it, or so it has become practice since the Ellsberg case. Legal experts can debate the nuances, but this has been the practice for almost 40 years. The bright line is whether the publisher in any way encouraged or participated in either the theft of the information or in having it passed on to him. In the Ellsberg case, he handed it to reporters without them even knowing what it was. Assange has been insisting that he was the passive recipient of information that he had nothing to do with securing.
Now it is interesting whether the sheer existence of Wikileaks constituted encouragement or conspiracy with anyone willing to pass on classified information to him. But more interesting by far is the sequence of events that led a U.S. Army private first class not only to secure the material but to know where to send it and how to get it there. If Pfc. Bradley Manning conceived and executed the theft by himself, and gave the information to Wikileaks unprompted, Assange is clear. But anyone who assisted Manning or encouraged him is probably guilty of conspiracy, and if Assange knew what was being done, he is probably guilty, too. There was talk about some people at MIT helping Manning. Unscrambling the sequence is what the Justice Department is undoubtedly doing now. Assange cannot be guilty of treason, since he isn’t a U.S. citizen. But he could be guilty of espionage. His best defense will be that he can’t be guilty of espionage because the material that was stolen was so trivial.
I have no idea whether or when he got involved in the acquisition of the material. I do know — given the material leaked so far — that there is little beyond minor embarrassments contained within it. Therefore, Assange’s claim that geopolitics has changed is as false as it is bold. Whether he committed any crime, including rape, is something I have no idea about. What he is clearly guilty of is hyperbole. But contrary to what he intended, he did do a service to the United States. New controls will be placed on the kind of low-grade material he published. Secretary of Defense Gates made the following point on this:
“Now, I’ve heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think those descriptions are fairly significantly overwrought. The fact is, governments deal with the United States because it’s in their interest, not because they like us, not because they trust us, and not because they believe we can keep secrets. Many governments — some governments — deal with us because they fear us, some because they respect us, most because they need us. We are still essentially, as has been said before, the indispensable nation.
“Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest.”
I don’t like to give anyone else the final word, but in this case Robert Gates’ view is definitive. One can pretend that Wikileaks has redefined geopolitics, but it hasn’t come close.