Sunday, 23 March 2014

Should the government be able to deceive about activity that is legal?


Glenn Greenwald responds to critics who argue that NSA actions that are deemed legal should not be reported:
Mere legality is insufficient to shield a program from justifiable transparency; conversely, exposure of illegality is not the only form of valid reporting. Take the classic whistleblowing case of the Pentagon Papers: those documents really did not reveal illegality as much as they revealed government deceit, systematic lying to the American people about the Vietnam War. The fact that such official lying may have been legal hardly means that it should have remained concealed.

The fact is that American law imposes almost no restrictions on what the US Government is permitted to do to non-Americans, but that does not mean that all such conduct should be off-limits from media reporting just because it has been legalized. Drone strikes that kill innocent people are arguably legal because Congress has approved them, and are often concealed from the public through an abuse of secrecy rules: does that mean journalists should refrain from reporting them? After all, such reporting “exposes [arguably] lawful conduct deemed in the national interest by the democratically elected representatives of the people.”

Having the US government subject the entire world to a system of suspicionless collect-it-all surveillance goes far beyond what was known or expected or approved; it goes far beyond what is common. It has profound implications for all sorts of critical values. The fact that American law does not prohibit it does not remotely mean that citizens should be kept ignorant that it is happening. Independently, the notion that the US Government should be permitted by journalists to deceive its citizenry – by, for instance, pretending that it is China rather than itself engaging in this form of industrial espionage – simply because such deceit is “legal” is entirely noxious to the most basic tenets of what journalism should be.
 Via The Intercept

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