WikiLeaks, the internet, and the future of secrets

 

Greens Senator Scott Ludlam opines on WikiLeaks.

"It is becoming unprecedentedly difficult for anyone, anyone at all, to keep a secret. In the age of the leak and the blog, of evidence extraction and link discovery, truths will either out or be outed, later if not sooner.

"This is something I would bring to the attention of every diplomat, politician and corporate leader: the future, eventually, will find you out. The future, wielding unimaginable tools of transparency, will have its way with you. In the end, you will be seen to have done that which you did."

~ William Gibson, "The Road to Oceania", 2003

There is something utterly compelling about the rolling cascade of WikiLeaks revelations, something much deeper than any individual scandal or piece of diplomatic gossip revealed hour by hour. With due caution that the real ramifications won't be properly understood until we're well and truly viewing these events through the rear view mirror, something big has happened.

Cold war style great-power diplomacy and war-making, meet the internet. The 20th century has collided with the 21st.

To start close to home, it is fairly clear that the Australian Government is well aware of the power of the internet to surveil its own citizens in the name of law enforcement and counter-terrorism.

In unspoken concurrence with the old aphorism 'if you have nothing to hide, you have nothing to fear', the Government is moving to ramp up its surveillance capabilities over its citizens – all of us - through the Attorney-General's data retention proposal (#ozlog).

This is intended to more completely map the otherwise ephemeral digital footprints we all leave with every online action, from credit card withdrawal to mobile phone call to email. If the majority of Australians are not currently engaged in planning acts of terrorism or transnational crime, goes the logic, we won't have anything to fear from this subtle but powerful increase in non-consensual transparency.

This year saw this same logic abruptly visited on the United States government, first through the extraordinary release of Afghan and Iraq war logs, as seen through helicopter gun cameras and frontline reports from all levels of the US military. They were confirmation of what most of us already knew. The Iraq invasion was premised on a calculated lie. In Afghanistan we're propping up a government that is stretched somewhere between democracy and medieval crime syndicate, at vast human and material cost.

The heartbreaking accounts of accidental civilian slaughter and friendly fire debacles in Afghanistan are in bleak counterpoint to the one-dimensional support for war without end from the Australian Prime Minister and Leader of the Opposition.

It is one thing to read opinion pieces by well informed military officials claiming that war is hell; quite another to read the primary source documents that map out the levels.

The high-definition wormhole that has opened up in the classified archives of the US State Department has even greater ramifications if that's possible, through the implication and liberal quotation of the rest of Planet Earth's diplomatic corps. The cables expose the general public to raw glimpses of the multiple tightropes of diplomacy and massive violence that nation states walk every day.

There are legitimate concerns that such a vast document dump will contain names and information that should be protected in the public interest. Colum Lynch notes on Turtle Bay that the cables contain names and identifiers of journalists and human rights activists working in dangerous parts of the world, and that the detailed process of redaction undergone prior to release is likely to have been imperfect. Grahame Bowland and Luke Miller write in Crikey on December 10 [paywalled] that some of the cables released thus far have been withdrawn, edited and released again, with around 15 cables withdrawn from the website altogether. WikiLeaks offered the US State Department the opportunity to assist in the process of scrubbing the documents of sensitive details prior to release, an offer which the US government refused.

Much of the material released is an amalgam of considered opinion and high level gossip that is presumably the bread and butter of modern diplomacy. Questions over which Australian MPs are the most reliable informants to US consular officials, and more evidence of Foreign Minister Rudd's notoriously sharp tongue will drive the media cycle for a day or two and then be ploughed under.

The more serious releases go to nation-states and corporations behaving in ways they would rather we didn't know about. To pick a couple of examples, the biometric profiling and surveillance of United Nations officials by the US government is quite clearly illegal. The US is running false flag cruise missile strikes in Yemen. Australia has offered Australian special forces personnel for combat operations inside Pakistan. Shell has successfully injected corporate operatives into the highest levels of the Nigerian government. We've seen only a tiny fraction of the total material yet to be released, and already the shock waves are profound.

Prime Minister Gillard's stunning miscalculation in attacking the WikiLeaks organisation are likely to haunt her. Let us be completely clear. Julian Assange didn't leak anything. The organisation of which he is a part received classified material from a source within the US military, which it is now making available to the world's media organisations, who in turn are gorging themselves senseless on it. If WikiLeaks has committed a crime, then so have the publishers of the New York Times, the Guardian, and our Fairfax press.

Apart from the excruciating contribution of our own Attorney-General, very few of those offering legal opinions thus far have any qualifications to do so. If Mr Assange and his organisation have committed crimes, then let the arguments be heard in an open court. Given the tone of some of the more unhinged commentary from the United States and elsewhere calling for the extrajudicial killing of Mr Assange, it is far from clear what his extradition to the United States would actually mean.

Would it emerge as a powerful test of the First Amendment? Or would it look more like grainy footage of cold war show trials in the Soviet Union? Mr Assange has Australian citizenship entitlements. He deserves better than the cheap and misguided sound-bite politics offered up so far by the Australian Government as they scramble into long-term damage control on behalf of our wounded ally and own diplomatic reputation.

A lasting afterimage of the WikiLeaks affair may be the attempts by the US Government to rip the site offline, only to have the data ripple across the net like beads of mercury, mirrored a thousandfold. Is it even necessary to requote the ancient John Gilmore observation that "The net interprets censorship as damage and routes around it?"

The US government is the subject of this document dump. Others will follow, and the more secretive the regime the more it will have to lose.

Many have speculated that the internet, fully realised, would bring forward an era of global citizenship and the permanent fracturing of the nation-state. Whether this is folly or fact will only be understood in hindsight, but for now, we'll have to be content with watching the world's governments grappling with more immediate questions of what they have tried to hide, and what they now have to fear.

Senator Scott Ludlam [pictured] is an Australian Greens Senator for Western Australia. First published on the ABC's  "Drum" Blog. Republished with permission.

Copyright © iTnews.com.au . All rights reserved.


WikiLeaks, the internet, and the future of secrets
"Maxxi2: "Cannot have it both ways Sams... Either everone can comment and have their views, or none can." You are free to comment of course, as you are free to look like an uninformed dolt. Nobody ..."
By Sams
 
 
 
Comments: 10
Lamby
Dec 15, 2010 1:33 PM
This is why I votes Greens. They are the only ones who 'get' the Internet
panto
Dec 15, 2010 3:20 PM
The US government must know by now there is no way to fight this. Hypothetically, wouldn't the best way forward for them now be to encourage the release of all cables, promise no persecution will result from the release, and acknowledge and absorb the unethical actions that have taken place. Acknowledge that this is an eye opening event and that only after such an occurrence, can governments re-think the manner in which they operate. Had this never happened, this government and all after it would continue to harbor secret agendas and conceal facts. This government, the one and only that serves the US now has the opportunity to make welcomed changes.

Just hypothetically though...
peterniss
Dec 15, 2010 10:21 PM
I agree Panto (and Lamby) but I dont think that will stop them from trying to put the 250,000+ cats back in the bag. Despite the almost same number of people holding the insurance file. I think the main point with whats happening at the moment is the obvious abuses that the current legal system is prone to. After all the charges against Julian were originally to be dropped but now not even £200,000, GPS, home detention, a heap of well known celebrity supporters and a personal garantor who is ex army is enough. Somehow I dont think the case has changed that much. I dont recall Julian being charged with a multiple homocide which is the kinds of charges that would warrant such over the top conditions. My eyes are on Eva Finné, looking for which person is holding the strings. Remember Julian hasnt been charged, nor did he leak anything. Only reported on already leaked information. Now he is in 23 hour solitary confinement. Welcome to justice in 2010.
Maxxi2
Dec 16, 2010 8:41 AM
The problem for the UK authorities peterniss, all conspiracy contentions aside for just a moment, is that Assange has a history of secretive movement at short notice, and as such all assurances given so far do not satisfy the Swedish authorities that he is not a flight risk...

As celebrated as Assange is at this time, and as worthy as many of his initiatives have been, UK and Swedish law is not simply suspended for his case.

His team have applied for bail and the judge agreed with the terms, however by UK and Swedish law the Swedes can and have appealed that decision and thus the UK judge has zero choice but to hold Assange until that appeal has been heard and processed.

We can argue until we are blue in the face over the rights and wrongs of that legal structure, but those laws were written and enacted long before Wikileaks released those docs. They were not written for Assange...

The bail and conditions are not set due to the alleged crime, they are set due to the degree of flight risk, and like it or not Assange has had a history of flight and evasion. His own legal team snubbed their noses at the investigators and stated that they knew where he was, that this was secret and that they could speak to him only when he was ready to meet.

Sounds cool but really really p*sses off legal authorities and does not instill even a modicum of credibility that he or his lawyers will abide by any agreements made. Lawyers have a splendid history of fighting agreements to the death once made...

So really, what do you expect the Swedes to do? What message does that give? To any police org that is simply: I am available when I want to be available and goodbye otherwise.

AKA: flight risk level 5...

And this from someone who is applying for residency there and wants to leverage off Swedish legal freedoms?

So they take all the statements he has made to them about wanting to be resident in Sweden, measure that up against his recent reactions and actions to their requests to question him, and bingo you soon have people not convinced that he will actually turn up for that meeting.

Right or wrong, that is their law, and their requirement is soundly based on items unrelated to the leaks.

Now we can draw lines between the two as long and as often as we like, but Julian has these items to resolve with Swedish police, and will remain a fugitive until he resolves them.

He has a load of good work he can still do and a lot he can achieve, but not with this hanging over his head in one of the most highly regarded democracies with one of the most repsected legal systems on the planet...
Sams
Dec 16, 2010 12:14 PM
Maxxi2: "Right or wrong, that is their law, and their requirement is soundly based on items unrelated to the leaks."

Pretty sure you are not a expert in law, esp. Swedish law. But hey, blind faith is a beautiful thing (not really).

"in one of the most highly regarded democracies "

Formerly.

"with one of the most repsected legal systems on the planet... " [sic]

Back to the law expert thing.

cobrasixtysix
Dec 17, 2010 1:57 AM
The US Government is running scared...not because of what "HAS" been revealed, but what "IS" to come. They're not going to be able to control this one....
MJP
Dec 18, 2010 11:00 AM
What nobody seems to get is the fact that now Julian has paved the way for the full blown Big Brother scenario. Nobody anywhere on this planet will have any privacy ever again.
We all bleated our objections to the Australia Card severa years ago but now there is no stopping it!!
Maxxi2
Dec 18, 2010 12:16 PM
@Sams: You can comfortably stick with your own blind faith mate, you do not need to be an expert in Swedish law to know the basics. I have worked there and done business there over a number of years, and continue to have contact there today.

You comment was a tad simplistic dismissive Sams.

They had and still do have a highly respected democracy and legal system, even when they are pursuing someone you personally admire?

Apart from the Julian Assange episode, what else do you know about Swedish history, the people, their legal system and their democracy?

What do you actually know about how they go about running their country, human rights, legal processes, citizens rights, freedom of speech record, etc?

Give us a 30 year overview mate, not just a 30 day overview of how wronged you believe Julian Assange to be...

All power to Wikileaks, all due legal rights to Julian Assange wherever he is, but your cheap assertion questions a history and a people that has stood the test of time for decades.

So come on, roll out all the massive examples of undemocratic history, show us the myriad examples of legal oppression in Sweden over the past 30 years...
?
Then, unless you want to purport to be an expert in Swedish and UK law as you seem so willing to ascribe to others, show us where Julian Assange has, factually please mate, been a victim of illegal acts by the Swedes or the UK?

So if only "experts" can comment on this subject Sams, I am sure you will be monumentally busy admonishing 50%-70% of all the commenters across all the media outlets, and here, for voicing their opinions and interpretations on how Julian is being handled...

Or is it OK to be no legal expert and comment about the legal handling of this case if you are outraged or opposed, but not OK if you have a view trhat varies from your's?

Cannot have it both ways Sams... Either everone can comment and have their views, or none can.

Cheers
Pilotyoda
Dec 19, 2010 3:35 PM
I seem to recall that the government and its departments will be exempt from the onerous tracking provisions.

Nonetheless, Maxi & Sam, there is a truism: Justice must not only be done, but seen to be done. The behavior of the USA towards Wikileaks (financial and banking freezes, shutting down domains, pressuring governments and businesses, desperately looking for legal and extrajudicial ways of stopping Assange, not to mention character assassination) does not reassure anyone that any actions are purely on legal merits.

Wikileaks, including Assange, and his supporters (including myself) can hardly be expected to take comfort in assurances from Sweden, the UK, or the USA that any charge would be impartially dealt with. Putting him in solitary confinement, with no formal charges, for a "broken condom" within consensual sex, is not even a treatment dealt to the Melbourne Mafia. Placing the leaker in solitary confinement for 6 months and feeding him anti-depressants (again without formal charges) does not lead to the conclusion that this is ordinary process of law.

The behavior of our PM and Attorney general was not the least bit reassuring. I actually fear for the safety of Assange. Should the worst fears prevail, I hope the encrypted list can do what it is supposed to: bring down those complicit in crimes and bring about changes in accountability and transparecy.
Sams
Dec 20, 2010 1:31 PM
Maxxi2: "Cannot have it both ways Sams... Either everone can comment and have their views, or none can."

You are free to comment of course, as you are free to look like an uninformed dolt. Nobody is stopping you.
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