Call it the Year of WikiLeaks. From April 5, when the site posted a grainy video showing the death of two Reuters employees from a U.S. helicopter attack, to November 28, when mainline journalism organizations began releasing stories based on a trove of some 250,000 diplomatic cables, the secret-sharing site shaped the news cycle. It also threatened to upend America’s working assumptions about journalism and free speech.
Of course, WikiLeaks has been around for years, posting anonymously sourced documents that others would have rather been kept hidden. But it was this year that people noticed.
The helicopter video—easy for cable news to broadcast, and shocking in its graphic depiction of death—captured world attention. In June, Wired broke the news—based on a tip from the hacker who turned him in—that federal officials had arrested Bradley Manning, a young army intelligence analyst who claimed to be a WikiLeaks source. And then came three “mega leaks”—the cables most recently, but action reports and logs from the Afghanistan and Iraq wars, before that—where WikiLeaks gave journalists and analysts advance looks at the data, providing them the chance to report out stories from the documents.
The old WikiLeaks model had simply been to post the documents on their own site, perhaps with a short amount of explanatory analysis. Even when the site had truly important documents, they didn’t get the attention they perhaps deserved. Exclusivity matters to journalists, who are always picking and choosing which stories are most worth their limited time to write and report.
While the four recent high profile releases are quite different that the site’s previous fare, there’s no denying these documents got far more attention than any that were released under the previous model. (And it has clearly netted WikiLeaks more attention—some positive; some quite negative.)
But this year of WikiLeaks must be footnoted by the fact (a reasonable and well supported presumption, really) that the origin of the megaleaks, and of the video, is a single source who is now locked up, and will, no matter what happens at his trial, never get access to classified documents again. Are there people, who hold positions like Manning once did, inclined to leak massive tranches of documents? Maybe yes, maybe no.
It there aren’t, and WikiLeaks continues to partner with news organizations by giving them advance looks at documents they receive, well, this becomes a much more vanilla enterprise—something like ProPublica with an anonymous dropbox.
Of course, there is always the potential that WikiLeaks—or OpenLeaks, or any other site that would copy or expand their model—will again get massive troves of U.S. secrets. That has led some to the conclusion that the U.S. secrecy regime must be rewritten to match this threat.
But the month since the cables began being reported on have allowed for some serious thought, and some serious deep breaths.
Despite protests from members of the Obama administration that the leaks would greatly damage national security—and even more strident cries from members of Congress, media commentators, and other political hangers-on—the full impact of the leak on America’s long term national security interests is unknown, but likely quite “modest,” according to no less an authority than Secretary of Defense Robert Gates.
“Now, I’ve heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think - I think those descriptions are fairly significantly overwrought,” Gates said. “Other nations will continue to deal with us. They will continue to work with us. We will continue to share sensitive information with one another. Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest.”
David Sanger, The New York Times’s chief Washington correspondent, and the author of several articles based on the leak, recently said that has heard from his sources inside government that they think having more information in the public domain on China’s cyber warriors, and on Middle Eastern governments’ true feelings toward Iran’s nuclear program—two major stories to emerge from the leak—may ultimately be salutary.

NEED TO PUT A STOP ITALIC AFTER NEW YORK TIMES
David Sanger, The New York Times’s chief Washington correspondent, and the author of
#1 Posted by just a reader, CJR on Tue 28 Dec 2010 at 05:46 PM
From April 5, when the site posted a grainy video showing the death of two Reuters employees mingling with armed insurgents participating in attacks on US forces from a U.S. helicopter attack, to November 28, when mainline journalism organizations began releasing stories based on a trove of some 250,000 diplomatic cables, the secret-sharing site shaped the news cycle.
There, I fixed it for you. You are welcome. As long as we are striving for accuracy, you have to include that considering two of Namir’s final photos were of a US HMMWV sitting at an intersection, less than 100 meters away from the camera and these photos were taken seconds before the Apache opened fire.
Its not the first time Reuter’s employees have been caught collaborating with Iraqi insurgents … Bilal Hussein comes to mind.
It also threatened to upend America’s working assumptions about journalism and free speech.
Are we now going to argue that an Australian citizen, operating from Sweden, currently residing in Britain is guaranteed the same constitutional rights as natural born and naturalized US citizens? Where do these rights that constitution now universally guarantees stop? Do Mexican citizens now have the right to own a firearm for self defense? Are Koreans now protected from quartering? Do Cubans now have the right, under the US constitution, to freedom of assembly?
That quote suggests that Assange might not see the moral necessity of redacting the names of innocents who could come to harm from having their names exposed. Nonetheless, for now, WikiLeaks is releasing documents with more caution.
Back in 2006 Wikileaks released classified and detailed information on the DOD's Warlock Green and Warlock Red jamming technology. This technology effectively ended the IED threat in Iraq and the information on the Wikileaks site was completely unredacted. Fortunately, the material was about 12 months out of date and newer and more effective system was in place, but there was no way Assange or his Wikileak cohorts knew that. There was no “whistle blowing” function here, the public’s right on know wasn’t served, no uncovering dirty deeds done dirt cheap, it was a purely malevolent attempt to see US troops (and Iraqi civilians) killed.
I do agree that the release isn’t Wikileaks fault, poor network security and one disgruntled traitor named Bradley Manning are the real culprits. Still, given Assagne and Wikileaks determination to see Americans killed he should be prosecuted to the fullest extent of our power … or shot, whatever works.
#2 Posted by Mike H, CJR on Tue 28 Dec 2010 at 08:26 PM
Mike H is right, @Clint. Your invoking of "free speech" with respect to Wikileaks and Assange, an Australian citizen, is just nonsensical. Assange has no American rights to "free speech" whatsoever, nor to source protection or other legal rights that American journalists or the American press enjoys in the United States of America. Where do you *get* that?
To refresh your knowledge: First Amendment rights to free speech and of the press, i.e., "Congress shall make no law... abridging the freedom of speech, or of the press..." is accorded to people and news organizations under the jurisdiction of the United States Congress. Not everyone in the whole wide world enjoys First Amendment rights under our US Constitution. OK? Certainly not an Australian citizen operating a website in Sweden and residing for the time being in Great Britain. Nor does it confer protection for harm done nor from criticism of one's acts.
Civics 101, you know what I mean?
These fuzzy-headed, ill-thought-out arguments, along with the unthinking and uncritical trumpeting of assurances by Gates and others that "no damage" has been done by this massive dumping of classified material (See! No one was harmed!), when it is far, far too early for anyone to know that, just makes me wonder whether a lot of you deserve the platform you are privileged to have. It doesn't do much for your credibility to read these specious arguments.
#3 Posted by James, CJR on Tue 28 Dec 2010 at 08:59 PM
A nice, balanced story.
As for James H. frothing about the mouth that someone
should shoot Assange, I suggest he keep his homicidal thoughts to himself.
If someone should acctually do it, Mad Mark might be liable to charges of aiding and abetting murder.
As for James, the issue is whether American law aplies to a foreign nationals for alleged acts committed outside the U.S. The U.S.has unilataerally decided that it has the right to snatch anybody anywhere in the world and ship them to Guantanamo, but that doesn't make it legal, constituional or right.
Please note that Assange has not yet been charged with anything, not even in Sweden.
Barney Kirchhoff, Paris
,
#4 Posted by barney Kirchhoff, CJR on Wed 29 Dec 2010 at 05:19 PM
Sorry, I meant Mark H., not James, in my comment about frothing.about shooting Assange.
#5 Posted by BARNEY KIRCHHOFF, CJR on Wed 29 Dec 2010 at 06:36 PM
I didn't say it was "right."
I said the rights recognized in the US Constitution pertain to "US persons" and not to everyone in the whole wide world. Do you have an issue with my contention? I was taking issue with @Clint's argument that this was a "free speech" and "free press" issue, which it most decidedly is not.
People ought to get more educated about constitutional law before they pull opinions out of their hat like this. It's one thing for random commenters like Mr. Kirchoff to construct convenient strawmen to knock down with uninformed legal opinions, but quite another for a professional journalist to do it.
#6 Posted by James, CJR on Wed 29 Dec 2010 at 06:48 PM
As for James H. frothing about the mouth that someone
should shoot Assange, I suggest he keep his homicidal thoughts to himself.
If someone should acctually do it, Mad Mark might be liable to charges of aiding and abetting murder.
ooohhh ... I'm shakin now!
#7 Posted by Mike H, CJR on Wed 29 Dec 2010 at 09:46 PM
You know, this whole WikilLeaks incident really makes us think hard about the role of IT security in business and government. In this case, it appears that just one person was able to violate organizational policies and leak such vast amounts of information. By the way, speaking of this, I came across a very thought provoking blog titled Identity, Security and Access Blog. It is apparently written by a Microsoft security expert, and it raises some very thought provoking points which get to the essence of the incident. It is definitely worth a read and I’d highly recommend it. By the way, just in case the link doesn’t work, you can find it over at http://www.identitysecurityandaccessblog.com. Anyway, let’s hope something like this doesn’t happen again.
#8 Posted by Catherine, CJR on Thu 30 Dec 2010 at 12:02 AM
My goodness, we've taken the precepts of the constitution and declared that they only apply to citizens, otherwise - if you happen to be Australian - you might have to be shot for what you say.
How long before we establish that the protections of constitution apply to citizens by birth? Citizens of the second or third generation? Why don't we just toss out statements from the Declaration of Independence while we're at it? "All men are created equal? Not if you're a out of border baby, I say." Nothing America signs to applies to humans, I see just Americans by blood.
How far the nation and its people have fallen:
http://www.state.gov/g/drl/hr/
http://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm
What is especially disgusting to me about this rhetoric is that this was the country who's judicial branch affirmed the right of "persons", being corporations, to speak unlimitedly, through the purchase of often dishonest campaign speech and its broadcast. Organizations lacking any blood, mind, heart of their own have their rights to meddle in government through campaign finance protected while actual human beings are having their speech censored if not criminalized.
I really don't get these people who criticize Cuba's or China's repression in one breath and then casually talk about putting a bullet in a man's head in the next.
Your government has too many secrets as is and it's pathetic when I have to literally ask people not to shoot the messenger. How goddamned cliched is that?
#9 Posted by Thimbles, CJR on Thu 30 Dec 2010 at 10:27 AM
Thimbles, that’s quite a straw man you have created there, I hope you aren’t near any open flames.
National security threats are assassinated all the time: Gerald Bull and Majid Shahriari are two more prominent examples. I don’t argue that the classification system is used far more often than it needs to be but Assange is motivated by malevolence, not openness.
And yes, the protections outlined in the constitution are guaranteed by the Federal government for US citizens only, not Australians working in Sweden visiting the UK.
#10 Posted by Mike H, CJR on Thu 30 Dec 2010 at 10:55 AM
Thimbles, your post demonstrates that you lack even a basic knowledge of grade school American Government. I'm reluctant to even engage on this, but since I know that you mean well, and the author of this post, Clint Hendler, seems also to have a fuzzy idea of high school Civics as they apply to our Constitutional rights and American government, to say nothing of international law, I'll try one more time.
To wit:
My goodness, we've taken the precepts of the constitution and declared that they only apply to citizens,
No, the term is "United States persons": 1) US citizens; 2) an alien lawfully admitted to the United States for permanent residence; 3) an unincorporated association with a substantial number of members who are citizens of the U.S. or are aliens lawfully admitted for permanent residence; and 4) a corporation that is incorporated in the U.S.
OK? None of those categories apply to Assange or Wikileaks.
The US Supreme Court has historically, repeatedly, under a number of different circumstances, ruled that non-US persons, "foreign agents", "agents of a foreign power" are explicitly not entitled to US Constitutional rights. You may not like that, you and Mr. Hendler may wish that everyone in the whole wide world had the same rights under the US Constitution that you and I enjoy, but it just ain't so.
How long before we establish that the protections of constitution apply to citizens by birth?
You know, that statement and what follows is just dumb and embarrassing. You must be laboring under the mistaken belief that a citizen of Australia living abroad in Sweden and Great Britian is somehow magically a US citizen and entitled to rights under the US Constitution.
Let me spell this out for you. Australia is a separate country, a foreign country with its own government, that accords Australian rights to their citizens, not always the same rights as US rights. Sam for Great Britain. It is a separate country too! It has its own government! Ditto for Sweden. A separate country, not under the jurisdiction of the US. Get it?
#11 Posted by James, CJR on Thu 30 Dec 2010 at 12:14 PM
I totally get it. Human rights extend right up to the edge of the border. Born with in and we respect them. Born without and we can pretend they don't apply. UN declarations that America adopted and drafted? Who cares. Condemnation of other nations for fatwas based on offended sensibilities? No need for any more of that. America only wants to be the shining light on the hill if that light is a search light.
So quick question: If a foreigner commits a crime for which he is tried in the United States for violating United States law, he is guaranteed counsel.
Why is that?
Just curious since a non-citizen has no constitutional protections, including right to counsel.
This is a bad path for a country to take.
#12 Posted by Thimbles, CJR on Thu 30 Dec 2010 at 12:47 PM
You are just going farther and farther afield, grasping at straws. Obviously, Assange is not being tried in the United States for violating United States law. Duh!
You are evidently confusing the concept of "human rights" with constitutional rights under the US Constitution. Not the same thing.
Basically, Thimbles, I'm on your same page with respect to the UN Declaration of Human Rights, the Geneva Conventions, and rights under the US Constitution. But your and Mr. Hendler's fuzzy-headed arguments confusing US law as it applies in the United States with issues related to Wikileaks, a foreign operation owned by a citizen of Australia outside the borders and jurisidiction of the US, is not only not convincing, but it's a pretty sad example of the failure of our education system with respect to developing critical thinking skills and rational discourse.
With that, I'm going to bow out of this futile exercise.
#13 Posted by James, CJR on Thu 30 Dec 2010 at 01:56 PM
"Obviously, Assange is not being tried in the United States for violating United States law. Duh!"
That would be "Duh" if I mentioned "the status of Assange's ongoing US trial" as part of my point.
I made no mention of Assange's trial. You put that in there to obfuscate.
What I was addressing is your claim that "foreign persons lack the protection of constitutional law as it relates to free speech and the press" because they are not persons of the United States. America does offer foreign persons legal counsel when they are charged with a crime. Is that not because America applies constitutional protections in any case where the government is in opposition to a person, whether that person is defined as a person under American law or not?
According to the text of the 1st amendment, there is no qualifier to the freedom of speech or the press, only to the right to assemble:
http://www.usconstitution.net/const.html
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
and according to amendment 14, all persons have the right to due process and equal protection of the laws:
"1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
including those which govern the freedom of people and press to speak.
Again, restricting constitutional rights, human rights, from applying to all people by the use of semantic tricks is a dangerous path for a nation to walk. It's a march away from freedom, not towards it.
#14 Posted by Thimbles, CJR on Fri 31 Dec 2010 at 01:53 AM
If the press had indeed been "a persistent, comprehensive watchdog of the national security state", there would be no Wikileaks. The organization simply filled a vaccum in our social relations; the press has allowed their "gentlemen's agreement" with government to blind them to wide areas of official "national security" obfuscation and subterfuge for far too long.
#15 Posted by Sandy MacDonald, CJR on Fri 31 Dec 2010 at 09:23 AM
Mike H's comments recommending the murder of Julian Assange are - of course - contemptible. Public discourse has fallen quite far when people feel comfortable with advertising their sociopathic tendencies in such a clear manner.
#16 Posted by Sandy MacDonald, CJR on Fri 31 Dec 2010 at 09:54 AM
Sandy, the tendencies are not sociopathic they are psychopathic.
#17 Posted by Mike H, CJR on Mon 3 Jan 2011 at 10:06 AM
Sadly, the WKleak analysis fails in descripitive motive and, conjoined to, lack of analys of the financial gain. There is no weightier theory of WKLeak'sm cause de existance than diversion. These other reasonable estimations of the meaning of WKLeak would be aided by discovery of WKLeak's motive. Alas, it is only deiversion of public opinion away from heartless eviction of families, carried out in the streets of our towns and citiesw en masse. A nveritable masscre of the innocents. Assuming there is no deeper reason found todate than diversion, without doubt the Secretary of Defense knows who WKLeak is, but probably dissmises possibility of financial gain, more than likely for lack of financial savy, or because the WKleak has made itself known in cloaked secrecy and ihas assured others that it is an ally in sheep's clothing against "creeping socialism" in the US. Thus, all eyes will be forcibly turned away from the trampling of homeowners during attempted repeal of the Health Care Act and WKLeak drops. Then, with full diversion, the banks and title companies will move with unmerciful harasssment, punishment by eviction and loud, Hitlerian vilification against the last of the homeowners' who make their "final stand". Will these last, but largest, homeguard prevail in the next three weeks over "Congressional distraction", for that is all that it could be? Will the old guard survive the next title company foreclosure onslaught even when they say, truthfully, they were misled by bribed appraisers, appraisers dependent upon "AMC " (apprisal management companies) controlled by title companies through on-line
advertising monopolies? These were hungry title company "referred appraisers" who had no funds to advertise on line, or otherwise, or keep a business office. These controlled "referred appraisers" (tens of thousands) now admit they were directed to lie about final appraisls by title companies controling their refrerral life line. On their final appraisal reports the fixed rule was: " Your appraisal will show, in your written certifried opinion that: The "neighborhood home prices where this home is located is rising" even when the neighborhood home prices trend was declining, or neither. That is, to put it another way, it is a management suggestion you best not refuse if you wanted to get another referral, or for that matter, to ever get any appraisal work from any bank or title company? Always say on your final report that the "trend in home pricers is rising in the appraised neighborhoodand. Controlled by entrenchmebnt in the home loan financial structure tite companies and banksw built a path to the US vault. Can it be anything other than a pklanned massive lie when everyone of the homeowners clinging to their homes, say, in defense of their home ownership, that they were lied to about their home values by the appraiser Is it possible that the majority of home loans taken out against home owers' greatest asset and their life savings would have been made if the borrower learned of q decling home value trend in the reeral estate martket? Does a stream of certified appraisals extrolling an unprecedeted bull market in housing prices, nationwide cause borrowing on home equity? Could this scam not only have started the extended period of the loan frenzy of 2004-2007 but also caused the depth of family wealth lost together with the anguiush of eviction. directly flowing from home loan borrowing have happened except for the bribed appraisers' reports? Were American neighborhoods steadily rising? Now that truer home values are known, is not manifest that a malicious design to crash housing markets, then issue new "Foreclosure title policies" after each crash of a home in the home foreclosure crush. Title companies are counter cyclical to the economy, in a single industry of real estate oriented financial services but these title companies were not in just one business. They are in both si
#18 Posted by Bill Snow, CJR on Tue 4 Jan 2011 at 03:50 AM
For what it's worth-
In my opinion the Universal Declaration of Human Rights is the latest evolutionary step in humanities struggle to document the fundamental principles for which all just governments are formed. And, it should not be forgotten that those who thought it important to proclaim these rights where a few years before fighting for all people's right to live free from tyranny because it was the right thing to do. These Human Rights know no boarders because they are Universal.
I believe Mr Assange and WikiLeaks may have provided this country with a chance, perhaps a last chance, to turn this nation around before its too late. A few weeks ago I was prevented from accessing information necessary for me to fulfill my duty to judge my elected officials at the ballot box. Indeed, a sense of fear and panic came over me when a google search for The Guardian was not met with the usual "server timed out" message but rather "SITE FORBIDDEN." It is axiomatic that a democracy must be transparent . . .
So, take a look at where we are as a country now, torture, indefinite detention of citizens, perpetual war, renditions, bailouts, blackwater etc. Would anybody have believed this 15 years ago. Its time we take a good look at what our nation has become and decide what we want for our future.
And finally, as I read the above comments I surprised and shocked by the personal attacks thrown about by people who are reading and participating on a site such as this. That also does not bode well for the future of our democracy.
#19 Posted by Paul Foulke, CJR on Wed 5 Jan 2011 at 11:38 PM