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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Wednesday, June 12, 2013

David Brooks: The Solitary Leaker; and Tom Friedman: Blowing a Whistle

David Brooks writes in The New York Times on Edward Snowden:

From what we know so far, Edward Snowden appears to be the ultimate unmediated man. Though obviously terrifically bright, he could not successfully work his way through the institution of high school. Then he failed to navigate his way through community college.

According to The Washington Post, he has not been a regular presence around his mother’s house for years. When a neighbor in Hawaii tried to introduce himself, Snowden cut him off and made it clear he wanted no neighborly relationships. He went to work for Booz Allen Hamilton and the C.I.A., but he has separated himself from them, too.

Though thoughtful, morally engaged and deeply committed to his beliefs, he appears to be a product of one of the more unfortunate trends of the age: the atomization of society, the loosening of social bonds, the apparently growing share of young men in their 20s who are living technological existences in the fuzzy land between their childhood institutions and adult family commitments.

If you live a life unshaped by the mediating institutions of civil society, perhaps it makes sense to see the world a certain way: Life is not embedded in a series of gently gradated authoritative structures: family, neighborhood, religious group, state, nation and world. Instead, it’s just the solitary naked individual and the gigantic and menacing state.

This lens makes you more likely to share the distinct strands of libertarianism that are blossoming in this fragmenting age: the deep suspicion of authority, the strong belief that hierarchies and organizations are suspect, the fervent devotion to transparency, the assumption that individual preference should be supreme. You’re more likely to donate to the Ron Paul for president campaign, as Snowden did.

It’s logical, given this background and mind-set, that Snowden would sacrifice his career to expose data mining procedures of the National Security Agency. Even if he has not been able to point to any specific abuses, he was bound to be horrified by the confidentiality endemic to military and intelligence activities. And, of course, he’s right that the procedures he’s unveiled could lend themselves to abuse in the future.

But Big Brother is not the only danger facing the country. Another is the rising tide of distrust, the corrosive spread of cynicism, the fraying of the social fabric and the rise of people who are so individualistic in their outlook that they have no real understanding of how to knit others together and look after the common good.

This is not a danger Snowden is addressing. In fact, he is making everything worse.

For society to function well, there have to be basic levels of trust and cooperation, a respect for institutions and deference to common procedures. By deciding to unilaterally leak secret N.S.A. documents, Snowden has betrayed all of these things.

He betrayed honesty and integrity, the foundation of all cooperative activity. He made explicit and implicit oaths to respect the secrecy of the information with which he was entrusted. He betrayed his oaths.

He betrayed his friends. Anybody who worked with him will be suspect. Young people in positions like that will no longer be trusted with responsibility for fear that they will turn into another Snowden.

He betrayed his employers. Booz Allen and the C.I.A. took a high-school dropout and offered him positions with lavish salaries. He is violating the honor codes of all those who enabled him to rise.

He betrayed the cause of open government. Every time there is a leak like this, the powers that be close the circle of trust a little tighter. They limit debate a little more.

He betrayed the privacy of us all. If federal security agencies can’t do vast data sweeps, they will inevitably revert to the older, more intrusive eavesdropping methods.

He betrayed the Constitution. The founders did not create the United States so that some solitary 29-year-old could make unilateral decisions about what should be exposed. Snowden self-indulgently short-circuited the democratic structures of accountability, putting his own preferences above everything else.

Snowden faced a moral dilemma. On the one hand, he had information about a program he thought was truly menacing. On the other hand, he had made certain commitments as a public servant, as a member of an organization, and a nation. Sometimes leakers have to leak. The information they possess is so grave that it demands they violate their oaths.

But before they do, you hope they will interrogate themselves closely and force themselves to confront various barriers of resistance. Is the information so grave that it’s worth betraying an oath, circumventing the established decision-making procedures, unilaterally exposing secrets that can never be reclassified?

Judging by his comments reported in the news media so far, Snowden was obsessed with the danger of data mining but completely oblivious to his betrayals and toward the damage he has done to social arrangements and the invisible bonds that hold them together.
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Tom Freidman writes in The New York Times on same subject:

I’m glad I live in a country with people who are vigilant in defending civil liberties. But as I listen to the debate about the disclosure of two government programs designed to track suspected phone and e-mail contacts of terrorists, I do wonder if some of those who unequivocally defend this disclosure are behaving as if 9/11 never happened — that the only thing we have to fear is government intrusion in our lives, not the intrusion of those who gather in secret cells in Yemen, Afghanistan and Pakistan and plot how to topple our tallest buildings or bring down U.S. airliners with bombs planted inside underwear, tennis shoes or computer printers. 
 
Yes, I worry about potential government abuse of privacy from a program designed to prevent another 9/11 — abuse that, so far, does not appear to have happened. But I worry even more about another 9/11. That is, I worry about something that’s already happened once — that was staggeringly costly — and that terrorists aspire to repeat.

I worry about that even more, not because I don’t care about civil liberties, but because what I cherish most about America is our open society, and I believe that if there is one more 9/11 — or worse, an attack involving nuclear material — it could lead to the end of the open society as we know it. If there were another 9/11, I fear that 99 percent of Americans would tell their members of Congress: “Do whatever you need to do to, privacy be damned, just make sure this does not happen again.” That is what I fear most.

That is why I’ll reluctantly, very reluctantly, trade off the government using data mining to look for suspicious patterns in phone numbers called and e-mail addresses — and then have to go to a judge to get a warrant to actually look at the content under guidelines set by Congress — to prevent a day where, out of fear, we give government a license to look at anyone, any e-mail, any phone call, anywhere, anytime.

So I don’t believe that Edward Snowden, the leaker of all this secret material, is some heroic whistle-blower. No, I believe Snowden is someone who needed a whistle-blower. He needed someone to challenge him with the argument that we don’t live in a world any longer where our government can protect its citizens from real, not imagined, threats without using big data — where we still have an edge — under constant judicial review. It’s not ideal. But if one more 9/11-scale attack gets through, the cost to civil liberties will be so much greater.

A hat tip to Andrew Sullivan for linking on his blog to an essay by David Simon, the creator of HBO’s “The Wire.” For me, it cuts right to the core of the issue.

“You would think that the government was listening in to the secrets of 200 million Americans from the reaction and the hyperbole being tossed about,” wrote Simon. “And you would think that rather than a legal court order, which is an inevitable consequence of legislation that we drafted and passed, something illegal had been discovered to the government’s shame. Nope. ... The only thing new here, from a legal standpoint, is the scale on which the F.B.I. and N.S.A. are apparently attempting to cull anti-terrorism leads from that data. ... I know it’s big and scary that the government wants a database of all phone calls. And it’s scary that they’re paying attention to the Internet. And it’s scary that your cellphones have GPS installed. ... The question is not should the resulting data exist. It does. ... The question is more fundamental: Is government accessing the data for the legitimate public safety needs of the society, or are they accessing it in ways that abuse individual liberties and violate personal privacy — and in a manner that is unsupervised. And to that, The Guardian and those who are wailing jeremiads about this pretend-discovery of U.S. big data collection are noticeably silent. We don’t know of any actual abuse.”

We do need to be constantly on guard for abuses. But the fact is, added Simon, that for at least the last two presidencies “this kind of data collection has been a baseline logic of an American anti-terrorism effort that is effectively asked to find the needles before they are planted into haystacks, to prevent even such modest, grass-rooted conspiracies as the Boston Marathon bombing before they occur.”

To be sure, secret programs, like the virtually unregulated drone attacks, can lead to real excesses that have to be checked. But here is what is also real, Simon concluded:

“Those planes really did hit those buildings. And that bomb did indeed blow up at the finish line of the Boston Marathon. And we really are in a continuing, low-intensity, high-risk conflict with a diffuse, committed and ideologically motivated enemy. And, for a moment, just imagine how much bloviating would be wafting across our political spectrum if, in the wake of an incident of domestic terrorism, an American president and his administration had failed to take full advantage of the existing telephonic data to do what is possible to find those needles in the haystacks.”

And, I’d add, not just bloviating. Imagine how many real restrictions to our beautiful open society we would tolerate if there were another attack on the scale of 9/11. Pardon me if I blow that whistle.

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