A Good Leak

 The result of all this is liberty lost — as innocents have their privacy invaded and, as we know, sometimes even revealed to the public for political purposes — and our safety compromised, since the NSA repeatedly discovers that it had all relevant communications of killers before the killings but does not connect the dots until too late, as in Boston, San Bernardino and Orlando; and the same can be said for our British partners in Manchester and London during the past two weeks.

 

Think about it boys and girls. If the idea of the modern nation-state form of government did NOT exist, there would be no such mess as this. Think secession! All the way down to the level of the individual household. — jtl, 419

 

The government claims that Winner downloaded and printed a top-secret  Reconnaissance Marine MCI 03.32f: Marine Corps InstituteNSA report, removed the printed version of the report from her employer’s premises, and then mailed it to The Intercept, a highly regarded international media outlet that exposes government wrongdoing.

The government says it learned of this when folks from The Intercept called the NSA and told agents what they had received and what they planned to publish. After hearing agents describe the potential harm to their work if the full report were to be released, The Intercept agreed to redact certain portions, though it published the bulk of the report.

Environmental & Natural Resource Economics: The Austrian ViewThe report is startling, as it reveals that the NSA discovered that Russian hackers in late October and early November 2016 planted cookies (attractive, uniquely tailored links) into the websites of 122 American city and county clerks responsible for counting ballots in the presidential election. This means that if any employee of those clerks’ offices clicked onto any cookie, the hackers had access to — and thus the ability to interfere with — the tabulation of votes. This NSA report is at sharp odds with the denials of Russian involvement in the 2016 presidential election made last year by President Barack Obama and made last week by Russian President Vladimir Putin, and it is profoundly more detailed and alarming than anything the federal government has thus far revealed.

Combat Shooter's HandbookDoesn’t the American public have the right to know what the Russians did in the election? Is it necessarily criminal to make such things public? Isn’t the NSA supposed to protect us from foreign hackers who are attempting to interfere with the core American electoral process — the election of the president — and not keep us in the dark if it fails to do so?

Here is the back story.

The Essence of Liberty: Volume I: Liberty and History: The Rise and Fall of the Noble Experiment with Constitutionally Limited Government (Liberty and ... Limited Government) (Volume 1)The Essence of Liberty: Volume II: The Economics of Liberty (Volume 2)The Essence of Liberty: Volume III: A Universal Philosophy of Political Economy (Liberty: A Universal Political Ethic) (Volume 3)I have argued since 2013, when we first learned from the Edward Snowden revelations that the NSA has gathered too much data about too many innocent people since 2005, that it does so in violation of the Constitution and federal law and that it suffers from information overload — meaning it has more raw data than it has resources to examine in a timely and effective manner.

 A Handbook for Ranch Managers Planned Grazing: A Study Guide and Reference ManualThe result of all this is liberty lost — as innocents have their privacy invaded and, as we know, sometimes even revealed to the public for political purposes — and our safety compromised, since the NSA repeatedly discovers that it had all relevant communications of killers before the killings but does not connect the dots until too late, as in Boston, San Bernardino and Orlando; and the same can be said for our British partners in Manchester and London during the past two weeks.

The stated purpose of all this suspicionless bulk spying on all of us all the time is to keep us safe. Yet we know that the NSA has failed at that, and we know from a recent judicial condemnation of the NSA that it has failed to protect our liberties. Now we know that it has failed to protect our presidential election.

Is it a crime to reveal what the FBI says Winner revealed? In a word, yes. Yet I argue for understanding the full picture here. If she did as the FBI alleges, she committed a violation of federal law. However, it appears she did not do so for petty, political, financial or venal reasons; rather, she may have done so for the American people to know that the spies who have failed us would keep us ignorant and vulnerable.

Can The Intercept be prosecuted for revealing top-secret material to the public? In a word, no. The Supreme Court made clear in the Pentagon Papers case in 1971 that a media entity may freely publish matters that are material to the public interest, notwithstanding the source of the matters or the behavior of the source that delivered the matters to it. This is grounded in the essence of personal liberty in a The Freedom Answer Boo… Andrew P. Napolitano Best Price: $2.66 Buy New $3.01 free society. In matters of material interest to the public, the public’s right to know what the government is doing or has failed to do constitutionally trumps the government’s right to secrecy.

Where does all this leave us? Reality Winner may very well be a patriot who risked her career and freedom to warn the American public of what the government was afraid to acknowledge — that mass spying keeps us neither safe nor free. No doubt the government doesn’t see it that way. This case has embarrassed the government, and she will most likely be prosecuted. I hope the judge in her case lets her lawyers argue that because we live in perilous times, the people are entitled to know what the government does and fails to do in our names to address the peril so we can change the government when it fails.

The remedy for the revelation of truth should consist in the truth’s ability to flourish in the marketplace of ideas rather than in the punishment of the revealer. The core principle of democracy is that the people have consented to the government. When the government keeps vital secrets from us — particularly secrets that embarrass it, secrets that cause us to view it differently, secrets of failure — we end up with a government that we do not know or trust. And one that ultimately lacks our consent.

Reprinted with the author’s permission.

The Best of Andrew P. Napolitano

FOLLOW FLYOVER PRESS ON FACEBOOK

Check out our WebSite

Check out our e-Store

The Essence of Liberty: Volume II (The Economics of Liberty)The Essence of Liberty Volume II: The Economics of Liberty Volume II will introduce the reader to the fundamental principles of the Austrian School of Economics. The Austrian School traces its origins back to the Scholastics of Medieval Spain. But its lineage actually began with Carl Menger and continued on through Adam Smith, Ludwig von Mises, Murray Rothbard and many others. It is the one and only true private property based, free market line of economic thought. Available in both paperback and Kindle versions.

You might be interested in the other two volumes of this three volume set: The Essence of Liberty Volume I: Liberty and History  and The Essence of Liberty Volume III: Liberty: A Universal Political Ethic.

Advertisements

About Land & Livestock Interntional, Inc.

Land and Livestock International, Inc. is a leading agribusiness management firm providing a complete line of services to the range livestock industry. We believe that private property is the foundation of America. Private property and free markets go hand in hand—without property there is no freedom. We also believe that free markets, not government intervention, hold the key to natural resource conservation and environmental preservation. No government bureaucrat can (or will) understand and treat the land with as much respect as its owner. The bureaucrat simply does not have the same motives as does the owner of a capital interest in the property. Our specialty is the working livestock ranch simply because there are so many very good reasons for owning such a property. We provide educational, management and consulting services with a focus on ecologically and financially sustainable land management that will enhance natural processes (water and mineral cycles, energy flow and community dynamics) while enhancing profits and steadily building wealth.
This entry was posted in Surveillance State, Uncategorized and tagged , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s