Whistleblower

DOJ's AP Phone Logs Grab Highlights Renewed Need for Shield Law

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:31pm

Update: The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.

Government’s “Anti-leak” Measures Attack Privacy and the Press

By Sandra Fulton, ACLU Washington Legislative Office at 4:16pm

Although the conflict between government classification rules and practices and the First Amendment rights necessary to promote a free and open society is nothing new, recent developments may indicate an alarming shift away from basic First Amendment principles.

A recent article by the Washington Post showed surveillance of federal employees has been stepped up government-wide. According to the article, last year the Food and Drug Administration (FDA) began spying on its scientists, claiming to be looking for the unauthorized sharing of trade secrets. The scientists, however, claim they were being targeted for blowing the whistle on an unethical review process. According the story, such invasive surveillance in the name of national security is spreading. The spyware sold by one software company, SpectorSoft--which claims to have clients in dozens of federal agencies--can do far more than just spy on email. According to the Post, “It could be programmed to intercept a tweet or Facebook post. It could snap screen shots of their computers. It could even track an employee’s keystrokes, retrieve files from hard drives or search for keywords.”

Selective Leaks Worst of All Worlds for Free Speech

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:21pm

As the election summer heats up, Republicans in Congress are making hay with what they claim are selective leaks by the Obama administration, designed to bolster the president’s national security cred. At a Senate Judiciary hearing yesterday, Senator John Cornyn (R-TX) went so far as to call for Attorney General Holder’s resignation in part because of the leak issue. While the jury is decidedly out on the merits of these claims, these questions do need to be asked. If there is one thing more dangerous than over-classification of government information, it’s selective declassification for political gain.

The First Amendment Applies to Foreign Service Officers, Too

By Kate Wood, Fellow, ACLU Speech, Privacy and Technology Project at 1:12pm

Today, the ACLU told the State Department that public employees don't give up their First Amendment rights in exchange for a job with the government. We sent a letter to the State Department on behalf of Peter Van Buren, a State Department employee who is being punished for publicly criticizing the U.S. reconstruction effort in Iraq. He has written extensively on the program's problems, and is now in the process of being fired. Our letter advises the State Department that its actions violate Mr. Van Buren's freedom of speech and urges the department to reverse course immediately.

Military May Be Engaged in Illegal Psychological Operations and Propaganda Against U.S. Citizens

By Robyn Greene, ACLU Washington Legislative Office at 10:19am

On February 23, Rolling Stone reported that Lt. Gen. William Caldwell, a three-star general in charge of training Afghan troops, commanded his Information Operations (IO) cell to target congressional delegations visiting his base as part of a campaign to manipulate the perceptions and opinions of U.S. senators and representatives through psychological operations (PSYOP).

Secrets

By Jameel Jaffer, Deputy Legal Director, ACLU at 6:11pm

Which secrets should be kept, and which should be exposed? Those questions are at the heart of Doug Liman's new film, Fair Game, which tells the story of Joe Wilson and Valerie Plame. Joe Wilson, remember, was the former U.S. diplomat who exposed one of the many false claims made by the Bush administration in the lead-up to the war in Iraq. Valerie Plame is Wilson's wife, a covert CIA operative whose identity the Bush administration disclosed to reporters in an effort to retaliate against Wilson.

Whistleblowing Can't Wait

By Suzanne Ito, ACLU at 2:49pm

We ask a lot of whistleblowers. We ask them to stand up for what's right, and to sacrifice much along the way. They risk losing their jobs, alienating their friends, family, and coworkers, face lawsuits and threats to their personal safety.

Wednesday night, the Government Accountability Project (GAP) and Participant Media presented a panel discussion about the importance of government and corporate whistleblowers. The headliners: Frank Serpico, who exposed corruption inside the New York Police Department in 1970 (and was unforgettably portrayed by Al Pacino in the eponymous film); and Daniel Ellsberg, who leaked the Pentagon Papers to the New York Times in 1971, forever changing public opinion about the Vietnam War.

The Informants! Need Protections

By Claire O'Brien, Washington Legislative Office at 10:50am

Matt Damon is funny. No, really, it's true. For all his serious emoting in Good Will Hunting and action-hero pyrotechnics in the Jason Bourne movies, the man knows how to generate a giggle. In The Informant! Mr. Damon is a mild-mannered corporate whistleblower, dressed up in nondescript glasses and a funny moustache. And he's pretty hilarious, bumbling his way through corporate intrigue and exposing abuses of power along the way. After all, nothing is more fun than good ol' corporate corruption and the lengths to which people will go to cover it up.

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