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Bradley Manning Convicted of Espionage, Acquitted of 'Aiding the Enemy'

crashcy sends word that a verdict has been handed down in the case of Bradley Manning. Quoting: "A military judge on Tuesday found Pfc. Bradley Manning not guilty of aiding the enemy, but convicted him of multiple counts of violating the Espionage Act. Private Manning had already confessed to being WikiLeaks’ source for a huge cache of government documents, which included videos of airstrikes in which civilians were killed, hundreds of thousands of front-line incident reports from the Afghanistan and Iraq wars, dossiers on men being held without trial at the Guantánamo Bay prison, and about 250,000 diplomatic cables. But while Private Manning had pleaded guilty to a lesser version of the charges he was facing, which could expose him to up to 20 years in prison, the government decided to press forward with a trial on a more serious version of the charges, including 'aiding the enemy' and violations of the Espionage Act. Beyond the fate of Private Manning as an individual, the 'aiding the enemy' charge — unprecedented in a leak case — could have significant long-term ramifications for investigative journalism in the Internet era."

348 of 529 comments (clear)

  1. NSA doesn't like the system it created??? by unique_parrot · · Score: 5, Insightful

    he should be given a medal (in my opinion).

    1. Re:NSA doesn't like the system it created??? by i+kan+reed · · Score: 5, Informative

      NSA wasn't Manning. NSA was Snowden. Manning released diplomatic cables to wikileaks.

    2. Re:NSA doesn't like the system it created??? by alen · · Score: 1

      what does this have to do with the NSA? the NSA is an electronic intelligence organization.
        Manning had access to classified data from the army's secret IP network that he collected and gave to wikileaks

    3. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 1, Informative

      This is Manning, not Snowden. Manning had nothing to do with the NSA. It was Snowden that was involved with NSA.

      I'm not surprised you've confused the two as there seems to be a lot of confusion about the whole topic. Maybe it will start to sort itself out after the next disaster, maybe not. There are still people that deny al Qaida exists, that it attacked on 9/11, and that al Qaida has its own goals and values that have nothing to do with the US other than incidentally. I guess I'm thankful that at least the "9/11 was a false flag" trolls have pretty much died off here. It is almost enough to make you believe in miracles.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    4. Re:NSA doesn't like the system it created??? by gmuslera · · Score: 4, Insightful

      As much as deserve prison everyone that works for NSA and every associated company. Ok, but they are working for the US government. So, would you complain if any of them get a century in prison in any other country of Earth? What if Russia extradite Snowden in exchange of US extraditing anyone spying on russia citizens? That should make things fair, but i don't know how much time would take to send to Russia so much people.

      And remember what Manning disclosed, basically your country, at your name, doing nice things slaughtering innocents just for fun. If you feel heat in your high ground is because how close is to the earths core.

    5. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      Umm, this didn't have anything to do with the NSA. The information leaked was consisted primarily of around 251,000 State Department diplomatic cables. Of those over 130,000 of the cables are unclassified, some 100,000 are labeled "confidential", around 15,000 have the higher classification "secret", and none are classified as "top secret" on the classification scale.*

      *https://en.wikipedia.org/wiki/United_States_diplomatic_cables_leak#cite_note-Shane28Nov2010-4

    6. Re:NSA doesn't like the system it created??? by i+kan+reed · · Score: 5, Informative

      Only in the vaguest sense? Manning was a soldier, Snowden a civilian. Manning leaked a huge swath of cables regardless of content. Snowden leaked details on a program he thought was abusive. The government involved is the same, but the "system" Snowden would face would be a standard civilian jury. Manning stood in front of a military tribunal without a jury of his peers.

    7. Re:NSA doesn't like the system it created??? by crashcy · · Score: 1

      How long do we have to wait for this next disaster before you and yours accept that giving up our liberty is not worth the potential prevention of a hypothetical disaster? Is there any actual cost/benefit analysis going on, or have you just had a bad dream and need comforting at any cost?

    8. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1, Insightful

      As an ex-military member who held a security clearance, I'm glad he'll likely get prison time. Yes the system is corrupt. Yes he had other avenues that may not have been productive at stopping the corruption. But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary. He not only went against that promise, he blatantly gave away that information!

      And for those that believe Mr. Manning is innocent, let me ask you this.... Everyone knows that life isn't fair. But when was the last time that YOU(personally) went and fought corruption in your government?

      Things are getting worse every day and there is far too few people actually fighting corruption, but have no problem trying to defend those that do. To fight corruption you need numbers. Nobody wants to be part of that fight because that would involve walking away from the TV when "America's Got Talent" is on.

      So were you part of the solution or part of the problem? And no, you don't count as part of the solution just because you approve of what Bradley did and picketed outside the base he's held at with a big poster. Take action, go to your congressmen, get out there and vote, explain to others where the corruption is and convince them not to continue to vote for those people that are corrupt. I see plenty of people picketing for(and against) Bradley Manning. But I have yet to see people picketing against the people that were found to be corrupt in the leaked cables.

      Even more, I read something the other day where a bunch of picketers for Mr. Manning were asked what was in the cables. Nobody could even discuss one of them because they weren't interested in the information in the cables, they just felt what he did was "right". Well, maybe you should care less about Bradley Manning and more interested in the people that are so corrupt that Bradley Manning felt he should make those cables public.

      And no, I'm not saying that the way he was treated in prison(assuming he actually was treated as badly as some sources claim) was justified or that he got punished enough for what he did by the mistreatment. But the way he was treated should have been more red flags that should have gotten more people to get up and do something. The fact that nothing has happened shows that not enough people care to change the political landscape anyway(remember that comment about numbers above?). The US didn't become the country that it is because of a bunch of people that sit around and do nothing all day.

      We used to be "the home of the brave", but apparently that hasn't been true in quite a long time.

    9. Re:NSA doesn't like the system it created??? by unique_parrot · · Score: 1

      didn't confuse these two. just find it amazing how the army whines about stolen documents while the nsa steals everything they can get the hand on... and they are both in the same boat.

    10. Re:NSA doesn't like the system it created??? by unique_parrot · · Score: 1

      you have a funny voice

    11. Re:NSA doesn't like the system it created??? by rahvin112 · · Score: 1, Interesting

      Snowden also leaked valid foreign espionage to the targets of that espionage. Both did good things and both of them did bad things. The only question is did the good outweigh the bad.

    12. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Insightful

      With fighting corruption landing you serious jail time, I am in no hurry to volunteer. Especially when I have a family to worry about. Much safer to leave, which is what I am planning on in the next few years.

      But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary.

      Tell that to international war crimes courts and see how far it gets you. Of course, Manning was a private with no serious decision making authority, so he would be safe from that. But this attitude you mentioned doesn't stand up to even recent historical precedent. You have a moral human duty, as determined by international courts even , to not be complicit in the slaughter of civilians.

    13. Re:NSA doesn't like the system it created??? by asylumx · · Score: 1, Interesting

      Both did good things and both of them did bad things. The only question is did the good outweigh the bad.

      Actually, that's not the question. The question is answered in the first of these two sentences. It is "Did they do bad things?" and the answer is "yes." Regardless of whether those were a means to a good end, the bad things they did are punishable and should be punished.

    14. Re:NSA doesn't like the system it created??? by The_Wilschon · · Score: 1

      Leaving will only result in the NSA knowing *more* about your activities, of course.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    15. Re:NSA doesn't like the system it created??? by Atzanteol · · Score: 5, Insightful

      You also swear an oath to defend the constitution from all enemies. If you feel that your oath to protect papers violates your oath to defend the constitution which do you go with?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    16. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 5, Insightful

      "As an ex-military member who held a security clearance, I'm glad he'll likely get prison time. Yes the system is corrupt. Yes he had other avenues that may not have been productive at stopping the corruption. But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary. He not only went against that promise, he blatantly gave away that information!"

      But this ignores the larger question: which "promise" is paramount? His promise to protect that information, or his oath to uphold the Constitution of the United States?

    17. Re:NSA doesn't like the system it created??? by ackthpt · · Score: 4, Insightful

      I'm still waiting on the Dick Cheney/Halliburton no-bid-contract, because they were the only company (very mysteriously) prepared to be able to provide all services in Iraq. There's corruption. Manning is merely a cog in that giant mechanism.

      --

      A feeling of having made the same mistake before: Deja Foobar
    18. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Insightful

      This is bullcrap.

      But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary.

      You would die protecting the US government from having its citizens realize that the military is murdering civilians for fun and profit? You really are an idiot and the US is lucky to have folks like you with security clearance.

      Take action, go to your congressmen, get out there and vote, explain to others where the corruption is and convince them not to continue to vote for those people that are corrupt.

      The American people did vote. They voted for a candidate that explicitly promised the closing of Guantanamo and an end to an unjust war. Instead what they got was more murder and a president that defends the massive spying aparatus. So who are we supposed to vote for? Manning is on the side of the US citizen. Neither party is, and the military certainly is not. You're on the wrong side of history.

    19. Re:NSA doesn't like the system it created??? by C0R1D4N · · Score: 5, Interesting

      " But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary. He not only went against that promise, he blatantly gave away that information!"

      " I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."

      What happens when the first half is at odds with the second?

    20. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Insightful

      But when you agree to join the military and have a security clearance you make promises to protect that information. With your life, if necessary. He not only went against that promise, he blatantly gave away that information!

      So you're saying he should haveJust Followed Orders, right?

      May I remind you of something?

      Oaths of Enlistment

      "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

      Oath for Commissioned Officers
      "I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)

    21. Re:NSA doesn't like the system it created??? by KiloByte · · Score: 5, Insightful

      Ok, but they are working for the US government.

      How is that different from fine folks at Nuremberg?

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    22. Re:NSA doesn't like the system it created??? by hawguy · · Score: 5, Interesting

      ...for the crimes that he's convicted of.

      When leaks like this one happen, a lot of attention and effort is spent on punishing the leaker, but we seldom hear about punishment for those that should have protected the data. Why did Manning not only have access to this sensitive data, but was able to download it and walk it out of the office?

      In my company, the receptionist isn't supposed to tell anyone what's in our sensitive financial documents and really has no reason to read them. So he can't - his login doesn't have access to those files and if he persists in trying to get access, his username will come up in IPS alerts.

      While I suppose it's publicly comforting to go after the leakers once they are caught, what about the spies that steal the data and hand it over quietly to their keepers? If the data is so easy to access that an Army Private can walk in and download thousands of documents, does anyone really think that spies from other nations aren't doing the same thing? The Army should thank Manning for exposing their security flaws.

      The same applies to Snowden - he shouldn't have been able to download thousands of pages of classified documents and walk out with them unnoticed.

      So who's getting fired over lax security?

    23. Re:NSA doesn't like the system it created??? by AuMatar · · Score: 2

      Not at all. Sometimes the ends do justify the means. Sometimes the good you do eclipses the bad. We can argue whether or not it does here, but to blindly state "he broke a rule, he must be punished" is childish.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    24. Re:NSA doesn't like the system it created??? by anagama · · Score: 5, Insightful

      You are confusing a moral judgment with a legal one. Neither did "bad" things, they both did illegal things. We should as a society ask ourselves, when doing the legal thing is bad, and the illegal thing good, should we not indict the law and pardon the lawbreaker? How you answer that question tells a lot about whether you are an authoritarian minded person, or a person with high moral standards.

      --
      What changed under Obama? Nothing Good
    25. Re:NSA doesn't like the system it created??? by i+kan+reed · · Score: 1

      Well, jury nullification still exists, but that wasn't an option for Manning. And lets be honest, with U.S. juries, it wouldn't happen for Snowden either.

    26. Re:NSA doesn't like the system it created??? by Em+Adespoton · · Score: 1

      Leaving will only result in the NSA knowing *more* about your activities, of course.

      Leaving will only make publicly admitting to knowing all about you easier for the NSA. Of course, by leaving, you probably end up on some watch list (why would any citizen in good standing want to leave???).

    27. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Informative

      The American people did vote. They voted for a candidate that explicitly promised the closing of Guantanamo and an end to an unjust war.

      Don't forget he also promised to protect whistleblowers.

    28. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      Oops you're right. What was once a crime is now legal under the Patriot Act.

    29. Re:NSA doesn't like the system it created??? by anagama · · Score: 1

      And arguably, the only reason Iraq ended was that Manning's revelations of war crimes made it politically impossible for the Iraqi government to extend the Status of Forces Agreement which was set to expire in December 2011. Obama tried hard to get it extended, couldn't, and so pulled out. In other words, without Manning, Obama wouldn't be able to claim credit for ending the war in Iraq (the truth of course, is that he just failed to extend it, which isn't in the same moral ballpark as "ending" it).

      http://nothingchanged.org/obama_war_in_iraq.html

      --
      What changed under Obama? Nothing Good
    30. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      That is a very simplistic way to look at it. Rule of law is an important moral principal as well. People that abide by it are not 'authoritarian.'

    31. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1, Informative

      "Did they do bad things?" and the answer is "yes." Regardless of whether those were a means to a good end, the bad things they did are punishable and should be punished.

      You are mistaking your opinion for fact.

      And there is a very large number of good people who disagree
      with you.

      Go fuck yourself, you bootlicking fascist piece of shit.

    32. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 4, Insightful

      I'm absolutely certain they didn't pick the ordering of those by accident.

    33. Re:NSA doesn't like the system it created??? by csumpi · · Score: 1, Insightful

      How about that Solyndra contract? It would probably be more relevant, should you really want to fight corruption, because the dickheads who pocketed the money for that one are still in office. Not saying the previous administration wasn't corrupt, but how about fighting in the present instead of the past?

    34. Re:NSA doesn't like the system it created??? by sc7007 · · Score: 1

      mis-modded (sorry)

    35. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Insightful

      Your question is only valid if you honestly believe that Manning read and determined ALL of the 250,000+ documents he released to be proof of a Constitutional violation of some sort. His mass dump of documents shows his motive was less about any duty to the Constitution than it was a blatant FU to the Military & Government that entrusted him with his clearance.

      Many here are also making it seem as though he had physical possession of these documents, and failed to protect them. The fact is that he actively mined the data and then dumped it without bothering to know the full scope of what he had released.

      For the apparently numerous people here who bear a grudge against the USA of one kind or another and think that this is great due to the embarrassment to the military and Government in general, give it a rest I'm sure we'll still bail your ass out again sometime in the future without expecting any thanks from you. You can call us ignorant for that if you want, it's just in our nature.

    36. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      I believe you may be suggesting a false dichotomy.

      To wit: did Manning's oath to uphold the Constitution of the United States demand this course of action or was there another avenue that would have achieved the right goals without violating the oath he took when deciding to serve.

      It is also worth considering whether he only alienated people who might have otherwise agreed with his aims -- and thus weakened his ultimate impact -- by not taking a legal AND morally strong approach.

    37. Re:NSA doesn't like the system it created??? by Bill,+Shooter+of+Bul · · Score: 1

      Either one you feel is more important to your belief system. Both are absurd paper documents that cannot account for all situations. If there is a contradiction, you need to refer to something else to decide which will be violated.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    38. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      ie - the things leaked should NEVER HAVE HAPPENED, and if they did the people that did them should have been publicly tried and punished - not swept under a rug somewhere.

      Everything they do should be public after the fact, nothing like these atrocities should ever be secret.

    39. Re:NSA doesn't like the system it created??? by Bill,+Shooter+of+Bul · · Score: 1

      Its like asking if Decimal or Hex is a better numbering system for all uses. Depends on context.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    40. Re:NSA doesn't like the system it created??? by interval1066 · · Score: 1

      Bad as in "evil", such as aid a state sponsored program of moral evil such as the Genocide? Or bad as in harmful to the state? When a state is simply a mindless, self-perpetuating machine of consumption and power-brokering that ours has become I disagree that Manning has done something "bad". To equate what Manning has done as "evil" or morally wrong is not something I'm going to agree with.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    41. Re:NSA doesn't like the system it created??? by Richard_at_work · · Score: 4, Insightful

      I agree with you, he released a lot of information which exposed the US governments less desirable actions, actions which should be looked at in great depth.

      However,my issue with Manning is that he also released a lot of other documents. 250,000 cables, for example.

      Now, let's say that he actually went through those cables to determine that they all had some relevance in exposing unfavourable aspects of the US government - lets say that it took 30 seconds to read each cable and make that determination, left pile or right pile, relevant to exposing actions or not, release or not.

      That means that if he actually did his due diligence, if he actually ensured that he was only releasing documents worthy of exposing unsavoury actions and nothing else, nothing that didn't actually directly support his reasons for handing the documents over, then he would have had to have spent 86 days solid doing that.

      86 days, 24 hours a day, 7 days a week determining if the document should have been released. Assuming he touched nothing other than the 250,000 cables he released.

      No one can argue that he did that - he hands over a huge bunch of stuff in which he likely didn't actually know the contents of for a significant proportion. That right there is why I think these verdicts are proper. That's not whistle blowing, that's acting inappropriately for his position and even his intentions.

      Yes, he is a whistle blower, and yes he did whistle blow on a lot of things that should have been blown, but he did it in a manner in which he could not reasonably claim he had limited his actions to documents and files that supported his whistle blowing.

      His act of legitimate whistle blowing and his act of illegitimate disclosure of unrelated documents are two things that can 100% be dealt with separately.

    42. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1, Informative

      Right, shooting civilians (including their children) who come to help others who have aready been shot (including an accredited journalist) is "just business-as-usual borderline 'unethical'".

    43. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 2, Insightful

      So who are we supposed to vote for?

      Isn't that clear already? Vote 3rd party. A vote "thrown away" on a 1 in a million chance is still worth more than a vote which actively makes things worse.

    44. Re:NSA doesn't like the system it created??? by 0111+1110 · · Score: 1

      That is a very simplistic way to look at it. Rule of law is an important moral principal as well. People that abide by it are not 'authoritarian.'

      Rule of Law is not even a moral principle. It is the motto of the amoral. And yes someone who believes in that idea is likely to be authoritarian.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    45. Re:NSA doesn't like the system it created??? by x0 · · Score: 1

      by i kan reed

      Manning stood in front of a military tribunal without a jury of his peers.

      Not quite. There was a single Judge - Colonel Denise Lind, chief judge, U.S. Army Trial Judiciary, 1st Judicial Circuit. Apparently, Manning chose a non-jury trial.

      m

      --
      In the immortal words of Socrates, who said; 'I drank what?'
    46. Re:NSA doesn't like the system it created??? by x0 · · Score: 1

      Never-mind. Apparently a single judge can still be a tribunal.

      --
      In the immortal words of Socrates, who said; 'I drank what?'
    47. Re:NSA doesn't like the system it created??? by PolygamousRanchKid+ · · Score: 5, Funny

      Brilliant idea for a Gedankenexperiment, in the Classical Einsteinian sense of the word! Let's see if we can cast this, not in the pointer sense of the word, as a current TV reality show:

      1. Der Führer: Barack Obama
      2. Heinrich Himmler: Eric Holder
      3. Adolf Eichmann: Carmen Ortiz
      4. Josef Goebbels: Hillary Clinton
      5. Rudolf Hess (the wacky one of the boys): Anthony Weiner

      Herman Göring is up for grabs . . . your suggestions are requested!

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    48. Re:NSA doesn't like the system it created??? by Hatta · · Score: 1

      But when you agree to join the military and have a security clearance you make promises to protect that information.

      When you become President, you swear to defend the Constitution. Until we hold the President accountable, there is no victory here.

      The US didn't become the country that it is because of a bunch of people that sit around and do nothing all day.

      That's exactly why the US is the country that it is.

      --
      Give me Classic Slashdot or give me death!
    49. Re:NSA doesn't like the system it created??? by oodaloop · · Score: 1

      So in this black and white world of yours, how are people held accountable for war crimes when they cover them up and hide behind classified documents? How would the NSA be held accountable (I realize that's Snowden and not Manning) for running an unconstitutional classified program?

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    50. Re:NSA doesn't like the system it created??? by rahvin112 · · Score: 1

      If the law itself is bad abiding the law itself is bad. That's what's called civil disobedience. By forcing the government to prosecute these people they draw issue to the law and seek to get it changed. But they still get punished in the interim period till public opinion shifts and the law it revised.

      Anyone that has worked for a major government contractor probably has had training that dealt with whistle blowing. When I took it they went out of their way to point out (by going over every major whistle blowing incident) that 90+% of whistle blowers end up in jail, at the very least until public opinion shifts. That's the choice when you decide to bring wrongdoing to the public in violation of oaths and agreements. I personally think that should change but that is the reality, the vast majority of whistle blowers go to jail and before they make the choice to go forward they need to come to terms with that fact. Manning will go to jail, hopefully the judge will be lenient and he'll only lock him up for 5 years. Snowden will go to jail unless he's willing to spend the rest of his life in some authoritarian regime that likes antagonizing the US government.

      As I said, the only question is whether you think their good outweighs the bad they did and what kind of punishment/reward is involved. If enough people support their actions inevitably any prison term they serve will be short.

    51. Re:NSA doesn't like the system it created??? by dywolf · · Score: 1

      This.

      That doesn't change the fact he is a solder, sworn to obey orders, thousands of them. If he had reservations or problems about the content, content he wasn't supposed to see anyway, there are avenues to address that. The fact that he never once tried to use any route through his chain of command, or bypassing it, is negligent on his part.

      All the forces have ways of getting information about problems reported to those who need to know about it, to fix it.
      And he never even tried to use those

      Instead he jumped directly to violating lawful standing orders.

      Lawful standing orders that exist for a reason, not for the protection of corruption, but the protecting of sensitive information and lives. No, nothing he released ended up having detrimental effects; but it could have and it's pure chance that it didn't because even he described it as rather indiscriminate grabbing of anything he could. And it didn't help that Assange played him like a violin to his own ends, no different than a handler working his agents.

      Maybe in the end it's good that the information is out there. But he went about it the completely wrong way.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    52. Re:NSA doesn't like the system it created??? by oreaq · · Score: 3, Insightful

      Why do you have to pick one? Can't you "fight" both? How much was Halliburton's cut? $50 billion over 10 years or something like that? Solyndra got $550 million. That's a whooping 1%. Note that I'm not defending Obama. Of course he should be punished for his crimes. I'm just providing some perspective.

    53. Re:NSA doesn't like the system it created??? by dywolf · · Score: 1

      You're ingoring the part about Orders. You ahve two parts in that oath. If they should ever be in conflict, one does not override the other unless the orders are clearly unlawful (and his were NOT), but you try to fulfill both with the least amount of compromise to either.

      Given that, it is important to know (and most civilian commentors on this topic do not know this, or choose to ignore it) that the military branches have multiple routes of reporting problems up teh chain fo command. And THAT is what he should have done. For ex, in the Marines (and our sisters in the Navy) we have a thing called Request Mast, and it's a basic right every Marine/Sailor has that cannot be denied. We also have several means of anonymously reporting problems. The Army and Air Force have equivalents as well.

      But he didnt even try to use any of those.
      THAT is the fundamental failure on his part (besides allowing himself to be played like a classic espionage asset).

      If he had tried to do that it could go a long way to mitigating what he did and he could then frame his actions in the context of being "left with no other choice." But because he didn't, he can't claim that, and its extremely damning.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    54. Re:NSA doesn't like the system it created??? by Motard · · Score: 1

      Yes, and a situation like this is specifically anticipated. There exists the concept of an 'unlawful order'. If an officer orders a soldier to carry out an unlawful order (e.g. "kill this child"), not only can the soldier refuse to carry out the order, but he is duty bound not to carry it out.

      Now, here's the thing. If the soldier refuses to carry out the order, the officer can have him court martialed. But he will argue that it was an unlawful order and *should* get off. Of course, all the inherent limitations of a trial process apply and the result is never certain. But it's the best way we have.

      Now, Manning could argue that he was implicitly ordered to keep this airstrike video secret. But he'd have to prove that there was something unlawful there. It also doesn't explain all of the other stuff he leaked. Clearly, he didn't have a reason for every single document.

      Did Manning's defense make that argument? I don't know. But if they did, it failed. But his defense team did describe him as naive. So it seems like they (having already plead guilty to 10 counts of wrongdoing) were going for the leniency angle.

    55. Re:NSA doesn't like the system it created??? by Neuronwelder · · Score: 1

      Maybe they think punishing him will be some sort of magical deterrent against other nations :P

    56. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 4, Informative

      When leaks like this one happen, a lot of attention and effort is spent on punishing the leaker, but we seldom hear about punishment for those that should have protected the data.

      Army disciplined 15 over Bradley Manning and Wikileaks

      The U.S. Army discliplined 15 people as a result of an internal investigation into the decisions and failures that put Pvt. Bradley Manning in a position to download and leak thousands of classified military reports and diplomatic cables he allegedly provided to WikiLeaks, an Army spokesman said Wednesday.

      At least one non-commissioned officer was reduced in rank for dereliction of duty, according a legal filing made public by Manning's defense over the weekend.

      --------

      Why did Manning not only have access to this sensitive data, but was able to download it and walk it out of the office?

      In my company, the receptionist isn't supposed to tell anyone what's in our sensitive financial documents and really has no reason to read them. So he can't - his login doesn't have access to those files and if he persists in trying to get access, his username will come up in IPS alerts.

      As an analyst that prepared reports he needed access to data. The network apparently wasn't properly prepared and certified for use. There probably should have been better controls for sharing different stacks of data, but the nature of counter-insurgency warfare would tend to press against some of them at some level.

      The failings of the people managing the network don't excuse Manning's data breach.

      The Army should thank Manning for exposing their security flaws. ... The same applies to Snowden ...

      I think that might be worth considering if you can do the same following your house being burglarized, your car stolen, and your bank account emptied ... in separate events.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    57. Re:NSA doesn't like the system it created??? by Motard · · Score: 1

      In this case there is no constitutional issue, so it doesn't matter.

    58. Re:NSA doesn't like the system it created??? by Archangel+Michael · · Score: 5, Insightful

      So, you're for "Enhanced Interrogation Techniques" then? I mean, if "ends justify the means" then what prevents us from going down that slippery slope?

      IMHO the ends do not justify the means. We should always evaluate HOW we do things, and never cross certain lines, regardless of the benefits of crossing those lines.

      However, that being said, the MEANS in this case are just, because there was no other possible way to effect change. YOU can effect change using Just Means, you have to understand and accept the consequences. Snowden didn't harm anyone in particular, and the case can be made that he didn't harm anyone in general, except the powers that were abusing the system. THAT is what makes it just, IMHO.

      Do not give the nutjobs permission to do "whatever it takes" to accomplish their goals.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    59. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 1

      How is that different from fine folks at Nuremberg?

      The defendants at Nuremberg (they weren't "fine folks") had committed crimes against humanity. Many of them were directly involved with genocide.

      That in no way resembles the activity of the NSA.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    60. Re:NSA doesn't like the system it created??? by Wookact · · Score: 4, Insightful

      Wrong answer. The constitution trumps all lesser laws.

    61. Re:NSA doesn't like the system it created??? by Motard · · Score: 4, Informative

      And Manning specifically requested a single judge rather than a panel.

    62. Re:NSA doesn't like the system it created??? by Wookact · · Score: 2

      Because the Haliburton contracts were orders of magnitude higher then the solyandra contract?

    63. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 5, Insightful

      How is that different from fine folks at Nuremberg?

      The defendants at Nuremberg (they weren't "fine folks") had committed crimes against humanity.

      More importantly, they were on the losing side.

    64. Re:NSA doesn't like the system it created??? by scot4875 · · Score: 2

      Well it's comforting to know that we aren't as bad as Nazis.

      --Jeremy

      --
      Jesus was a liberal
    65. Re:NSA doesn't like the system it created??? by LordNacho · · Score: 1

      I'm not surprised either. After all, he's probably only the 4th most popular American with the name Manning. Not even on the podium. Why should anyone care?

      Sigh.

    66. Re:NSA doesn't like the system it created??? by segfault_0 · · Score: 1

      Usually if someone can download a document like that it's because there are legitimate procedures under which they do so. Those documents arent just being stored but are rather a part of workflows that are defined by the mission of the installation he was at.

      This is why they try to check your background and make you take oaths.

      Both Snowden and Manning took oaths with a clear understanding that they would be severely penalized if they violated that trust. It's unfortunate they didn't use a more legitimate whistle-blowing channel - they've thrown away their lives.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    67. Re:NSA doesn't like the system it created??? by hawguy · · Score: 3, Informative

      The U.S. Army discliplined 15 people as a result of an internal investigation into the decisions and failures that put Pvt. Bradley Manning in a position to download and leak thousands of classified military reports and diplomatic cables he allegedly provided to WikiLeaks, an Army spokesman said Wednesday.

      At least one non-commissioned officer was reduced in rank for dereliction of duty, according a legal filing made public by Manning's defense over the weekend.

      So one officer lost rank, 14 others had some non-specified administrative punishment when through their action (or inaction) they allowed a serious intelligence leak? And the only leak they *know* about was the one from Manning, who knows how many other analysts walked out with data but didn't release it to the public?

      As an analyst that prepared reports he needed access to data. The network apparently wasn't properly prepared and certified for use. There probably should have been better controls for sharing different stacks of data, but the nature of counter-insurgency warfare would tend to press against some of them at some level.

      Doesn't the leak show that there definitely should have been better controls?

      The Army should thank Manning for exposing their security flaws. ... The same applies to Snowden ...

      I think that might be worth considering if you can do the same following your house being burglarized, your car stolen, and your bank account emptied ... in separate events.

      If my house staff found a hole in the back of my safe and some of them have been been slipping 20 dollar bills out of the safe for years, I'd be pretty thankful when my maid got busted while trying to deposit her stolen cash in the bank, revealing the hole to me so I could stop the leak.

      I'd still be mad at her, but glad she got caught since it exposed the security flaw.

    68. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      Look it up on wikipedia, and watch this video on youtube: "Proof that Thermite can cut a vertical column". The Toronto Hearings on 9/11 showed
      analysis of the dust proving it contained nano thermite, talked about the 9 month elevator modernization project that happened just before 9/11 providing access to core structural beams, but most importantly goes over the science of melting metal / pancaking floors. They peer reviewed the NIST test showing floor columns melting and collapsing under a jet fuel and office furniture fire is not possible unless the heat is much higher, like what nano thermite can produce.

      I didn't want to get into a 9/11 discussion on slashdot, but when someone calls the 9/11 "truthers" trolls, I feel compelled to speak up. There are many intelligent people who don't believe the official story, like the 1500+ Architects & Engineers for 9/11 Truth who held the conference in Toronto last year.

    69. Re:NSA doesn't like the system it created??? by Bill,+Shooter+of+Bul · · Score: 1

      THE LAW OF THE LAND declares that some people are only 3/5ths of a person. And women need not apply... Its a shitty document in places. We've done our best to patch it up in places, but it could really use more amending. However that's a long and time consuming process. In the event that time is of the essence, and following it would violate your own moral code to follow the law, you violate the law.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    70. Re:NSA doesn't like the system it created??? by Bill,+Shooter+of+Bul · · Score: 1

      Tell that to the supreme court. Boo yah!

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    71. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      Is killing a person a bad thing?

      Now, if someone kills someone who is about to kill a room full of children, do we stop at 'killing someone is a bad thing' and so he must fry?

      So, what bad thing did Snowden do? Do you favor the NSA lying to Congress as a general rule or just in this case? Do you generally favor the federal government spending our money to spy on us?

    72. Re:NSA doesn't like the system it created??? by citizenr · · Score: 4, Insightful

      But when you agree to join the military and have a security clearance you make promises to ...

      .. to cover up rednecks in a chopper murdering children because MURICA FUCK YEAH!

      --
      Who logs in to gdm? Not I, said the duck.
    73. Re:NSA doesn't like the system it created??? by Firethorn · · Score: 1

      You have a moral human duty, as determined by international courts even , to not be complicit in the slaughter of civilians.

      The vast majority of Manning's released documents weren't about the 'slaughter of civilians' though. Also, like it or not, per the Law of Armed Conflict it's fully legal to slaughter civilians in military conflict as long as it's not deliberate. As long as it was truly accidental or 'collateral damage' it's allowed.

      --
      I don't read AC A human right
    74. Re:NSA doesn't like the system it created??? by kilfarsnar · · Score: 5, Insightful

      What crimes were those? Oh that's right, even though thousands of documents have been circling the internet for years now, not a single one implicates the government of wrongdoing, just business-as-usual borderline "unethical" stuff that they do so we can sleep in warm beds and work in cushy offices. Corruption charges?! Corruption is our protection. Corruption keeps us safe and warm. Corruption is why you and I are prancing around in here instead of fighting over scraps of meat out in the streets. Corruption is why we win.

      Actually, corruption is why our economy and governmental systems are going into the toilet. I understand that the American empire and my material excess is made possible by corrupt practices. But really, it's a deal with the Devil.

      As we are seeing, the instruments and methods used to enforce American wishes abroad are slowly being brought home for use in the US. The people doing terrible things around the world in order to bring us cheap oil and pliant foreign governments don't actually care about you or me. They care about the large businesses whose interests they advance. They work for the Elite. They only care about us as far as we can be exploited to buy things and vote for the right people.

      Personally, I think they can put their "deal" where the sun don't shine. If my prosperity is bought with the blood of the poor and deluded, I don't want it. But I don't make the rules and I have seen what happens to those who push back too hard. But I also know that those who spend too long between a rock and a hard place get crushed.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    75. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 1

      But when you agree to join the military and have a security clearance you make promises to protect that information.

      Not that I see:

      Army Oath of Enlistment:

      I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

      Army Oath of Office (for commissioned officers):

      "I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)

      No where in either oath are secret documents or information so much as mentioned; conversely, both oaths seem to place support and defense of the Constitution against all enemies, foreign and domestic, above all other duties. Matter of fact, obeying orders appears to have been an afterthought.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    76. Re:NSA doesn't like the system it created??? by ackthpt · · Score: 1

      Because the Haliburton contracts were orders of magnitude higher then the solyandra contract?

      Apparently the bigger you steal and the more blatant the act, the more the DoJ is blind to it.

      --

      A feeling of having made the same mistake before: Deja Foobar
    77. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      Rule of law is out the window where the NSA is concerned.

      As soon as our diplomatic missions started protecting military contractors that got involved with child prostitutes, rule of law went out the window where Manning is concerned as well.

      In general, rule of law is non-existant as soon as the lawless are allowed to make telling on them illegal.

    78. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 1

      You also swear an oath to defend the constitution from all enemies. If you feel that your oath to protect papers violates your oath to defend the constitution which do you go with?

      The oath doesn't so much as mention protecting any papers other than the Constitution.

      Seems a pretty simple answer to me.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    79. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 3, Insightful

      Why do you have to pick one? Can't you "fight" both?

      THANK YOU for being able to see the difference between what's truly wrong, and what offends partisan sensibilities.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    80. Re:NSA doesn't like the system it created??? by inkcogito · · Score: 1

      A military tribunal IS a jury of his peers. An enlisted person voulenteers to limit, in accordance with the UCMJ, their constitutional rights for the term of enlistment. If only we could hold all "Oath takers" to the same standard.

    81. Re:NSA doesn't like the system it created??? by blackraven14250 · · Score: 2

      I can see what you mean about Manning not using a more legitimate channel, since Wikileaks isn't exactly the pinnacle of journalism. However, Snowden went to the Guardian, which is absolutely a legitimate channel for whistle-blowing.

    82. Re:NSA doesn't like the system it created??? by hawguy · · Score: 4, Interesting

      >Both Snowden and Manning took oaths with a clear understanding that they would be severely penalized if they violated that trust.

      If the government is relying on an *oath* to protect my data, then I'm even more outraged that they have so much of my data.

      Outside of a court, an oath means nothing - it's as valuable as a double-super pinky swear. The government wants me to believe that terrorists are out to kill me even if it means killing themselves, but at the same time, I'm supposed to believe that an oath is going to protect my data as well as national secrets because no evildoer would swear on god that they won't do something bad?

      Data security is not cheap (in implementation costs or labor), but if we're supposed to believe that having this data out in the wild could be compromising our national security, isn't it worth securing the data? Fort Knox doesn't leave piles of gold around the complex and just rely on staff to promise not to take it - they have serious security protocols that limit access to the gold and don't let any single person in a position where they could steal it, even if it makes working there less efficient.

      It's unfortunate they didn't use a more legitimate whistle-blowing channel - they've thrown away their lives.

      When those that are collecting the data are willing to outright lie about it to congress, and even those in congress that knew about the data collection are still defending it, what is the legitimate whistle-blowing channel that will let the public know what's going on?

    83. Re:NSA doesn't like the system it created??? by scot4875 · · Score: 5, Insightful

      So, you're for "Enhanced Interrogation Techniques" then?

      Nice strawman, but I'll respond anyway. (Also, are you aware that "slippery slope" is the name of a fallacy? Not an argument?)

      No, "ends justifies the means" doesn't justify torture and here's why.

      1) It doesn't work.
      2) Torturing their soldiers/"enemy combatants" loses us any sort of moral standing on the issue. We can't use their reprehensible behavior to garner sympathy from neutral parties when we do the same thing.

      So in this case, the "ends" aren't desirable. Therefore they can't be used to justify the means.

      It's nice that you feel so strongly about government corruption, but then get so fucking defensive when corruption is exposed. It's almost like double-think. Oh wait, no, it is double-think.

      Now I'm sure that you'll equate my nuanced view to double-think, but here's the difference: I'm actually thinking. I look at each situation and try to evaluate them individually and see what outcomes I can expect from them, and may well come to the conclusion that something is bad in one situation and not bad in another situation. YOU, on the other hand, take event A, try to find something else that you can compare it to (event B), and then use your judgement of event B to decide whether event A is good or bad. One of us is thinking; the other is doing pattern matching.

      As far as I can tell, there has been absolutely nothing bad that has resulted from Manning's leaks. From where I sit, life has gone on pretty much unchanged. I fail to see how terrible his actions are when, predictably, none of the doomsday scenarios envisioned by folks like yourself came to pass.

      --Jeremy

      --
      Jesus was a liberal
    84. Re:NSA doesn't like the system it created??? by im_thatoneguy · · Score: 1

      The problem with "High moral standards" is that everybody has their own standards. For one it might be purging an ethnic group which threatens the moral stability and safety of the "good" guys. For another it might be helping someone cross the road. It's safe to say that unilateral decisions that affect millions shouldn't be something flippantly done. Regardless as to whether or not Manning or Snowden did the "right" thing (and in this case it's FAR from clear), circumventing the legal process because one person feels it's wrong isn't a good way to form a society.

      In the case of Manning he simply dumped every classified file he could get his hands on. It had the names of informants in it. It had incredibly sensitive data. Only an extremist ideologue would say that we all should have access to that information. That wasn't a "moral" or "good" action. Yes he uncovered some embarrassing material. But embarrassing is neither illegal nor morally wrong. Even if we accept that Manning uncovered one or two wrong doings--it doesn't give you the right to leak innocent people's conversations along with it. If the NSA had dumped hundreds of thousands of emails of citizens we wouldn't say they were "national heroes". If you have evidence of corruption that doesn't mean you get to publish the private conversations of some poor employee who was just doing their job.

    85. Re:NSA doesn't like the system it created??? by tunapez · · Score: 1

      when was the last time that YOU(personally) went and fought corruption in your government?

      I have been silently protesting for 13 years. I made a conscious decision to earn far less than previous and make only enough to survive... but not enough to pay taxes. ~$12k/ year and I never cashed either of the guv's "rebates, any of the Earned Income Credits nor taken any other guv handouts.
       
        I am single(surprise!), no kids by intent rather than circumstance, live in a cheap rent shack in the desert w/ swamp cooling, maintain/repair my few assets myself. and live a very uneventful existence. I read lots of library books and observe/track local fauna for fun. I am not happy nor sad but contented and ultimately feel more fulfilled than I had when I was stressed making money contracting, Best of all, I am 30lbs lighter and in better health than previous 10 years, I feed my brain everyday and I sleep like a baby at night.
      Perhaps best of all, with all my free time, I can be generous without a profit motive and most people find me useful to have around. Like the old adage says, "If the ladies don't find you irresistible you better hope they find you handy".

      This works for me.
      Of course....YMMV.

      --
      Imagination drew in bold strokes, instantly serving hopes and fears, while knowledge advanced by slow increments...
    86. Re:NSA doesn't like the system it created??? by adriccom · · Score: 1

      In case you aren't trolling...

      Getting a government security clearance is a long and painful process that is entirely besides any status of enlistment or commision and includes additional oaths and regulations well beyond those.

      In fact civilians can get a clearance without being in the military at all (I know a fewe folks who haev done this). The oaths are probably publically available but no one with a clearance is likely to volunteer to post them on /., if I had to guess.

      --
      <script>alert("I never liked JavaScript, really; it just seemed a bad idea.");</script>
    87. Re:NSA doesn't like the system it created??? by inkcogito · · Score: 1

      The "So help me God." has been optional for years. I didn't have to say it when I enlisted 20ish years ago. The enlisted Oath basically informs you that you've suspended your constitutional rights to assist in the defence of the same. You further agree to be held to a higher standard set forth in the "UCMJ". You can disobey in accordance with the UCMJ, but you have to really be certain of what you are doing and why it is the right thing. You still may go to military prison, but your conscience will be clear. Manning was an attention whoring idiot.

    88. Re:NSA doesn't like the system it created??? by HeckRuler · · Score: 3, Insightful

      In case anyone was wondering about those numbers, it was about $0.5 billion to Solyndra vs $7 billion to Halliburton.

      Solyndra received a $535 million U.S. Energy Department loan guarantee before going bankrupt. Under the Solyndra restructuring plan, the government is projected to recoup 19 percent on $142.8 million of the loan and nothing on the remaining $385 million.[19] Additionally, Solyndra received a $25.1 million tax break from California's Alternative Energy and Advanced Transportation Financing Authority.

      In the run-up to the Iraq war, Halliburton was awarded a $7 billion contract for which 'unusually' only Halliburton was allowed to bid.

      Solyndra failed because it couldn't compete with China who, arguably, dumped solar cells to kill such competition. Halliburton on the other hand, is a war profiteer that sent their CEO into politics to secure a contract.

    89. Re:NSA doesn't like the system it created??? by thoughtlover · · Score: 1

      The reason Halliburton got a no-bid contract was because other countries' companies were not allowed to participate in troop support or rebuilding. That's why no other country wanted to help the US oust Saddam. Considering that Cheney was a Halliburton CEO, it all makes sense. Utter corruption at its finest.

      "Certainly Halliburton would have the lead [in the competition for that job], even absent this contract, given the size and scope of their current operations," said Pierre Conner, an analyst with Hibernia Southcoast Capital. "But there's no question they'll start with some footprint there. It clearly puts them in the position where they will know more about the situation and have a bit of an operation there."

      Though none of the potential administrators of such a contract -- including the Defense Department, the State Department's U.S. Agency for International Development (USAID) and the United Nations -- have claimed responsibility for handing out the job, Monday's award and Bush's request for funding seem to indicate the U.S. government will be in charge.

      http://money.cnn.com/2003/03/25/news/companies/war_contracts/

      --
      No sig for you! Come back one year!
    90. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 4, Insightful

      "Your question is only valid if you honestly believe that Manning read and determined ALL of the 250,000+ documents he released to be proof of a Constitutional violation of some sort."

      Well, you have a point, but I will nitpick a bit. It is not reasonable to expect him to do that, for the simple reason that it probably wasn't possible. I may or may not agree with the law, but it has to be reasonable.

      On the other hand, it might have been reasonable for him to only release those things which he had reviewed, and suspected to be in violation of the Constitution. I am basically agreeing with you, but there is a subtle difference. And maybe that's what you meant.

      "The fact is that he actively mined the data..."

      Did he? I could be wrong, but I understood that the data was easily and readily available due to the nature of his job. That may be wrong, but that was what I read in the news.

      "For the apparently numerous people here who bear a grudge against the USA of one kind or another and think that this is great due to the embarrassment to the military and Government in general, give it a rest I'm sure we'll still bail your ass out again sometime in the future without expecting any thanks from you."

      I think it's a great and wonderful embarrassment to the government, too. And I'm a citizen of the United States.

      Many of the documents made it very clear that our government was working covertly in ways that were not necessarily in the actual interest of The People of the United States. I applaud those revelations.

      Remember that real treason is disloyalty to your country and your people, not disobedience toward your government. That was the fundamental error made by the people who brought the Nazis to power.

    91. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "I believe you may be suggesting a false dichotomy."

      I wasn't suggesting a dichotomy, necessarily, but I was certainly suggesting a conflict.

      "It is also worth considering whether he only alienated people who might have otherwise agreed with his aims -- and thus weakened his ultimate impact -- by not taking a legal AND morally strong approach."

      The problem with that argument, as I see it, is that I have yet to see anybody present a "legal" way to do it. I might agree if I knew of one, and thought it was reasonably possible for him to do.

    92. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "Its like asking if Decimal or Hex is a better numbering system for all uses. Depends on context."

      Well, sure. But I meant it in this context. Which was the proper thing for Manning to do, if he felt those two things were in conflict?

    93. Re:NSA doesn't like the system it created??? by Obfuscant · · Score: 1

      Matter of fact, obeying orders appears to have been an afterthought.

      Being third in the list of things sworn to does not make it "an afterthought". It makes it only third in the list. Your 'matter of fact' is your imagination and hope.

      As for not mentioning "secret documents", remember that it does say "according to regulations and the Uniform Code of Military Justice." If you think there is nothing in the regulations or UCMJ that deals with how someone treats classified material, you're wrong.

    94. Re:NSA doesn't like the system it created??? by stenvar · · Score: 1

      Much safer to leave, which is what I am planning on in the next few years.

      Good luck with that. I have lived abroad in several countries, and they were all far worse than the US in terms of disrespect for privacy and the rule of law.

    95. Re:NSA doesn't like the system it created??? by HeckRuler · · Score: 4, Informative

      I agree with you, he released a lot of information which exposed the US governments less desirable actions, actions which should be looked at in great depth.

      However,my issue with Manning is that he also released a lot of other documents. 250,000 cables, for example.

      Those diplomatic cables had some of the most damning material!

      Did you miss the one where US taxpayer's money is being funneled through Dyncorp to purchase little boy sex slaves on the behalf of the US military as party favors for Afghan warlords? And this is similar to their behavior in Bosnia in 1999. So FYI, the US has a department for buying and selling sex-slaves. No, it doesn't really matter that it's a separate company.

      That's the most vile one I know of off the top of my head. There's also evidence that Monsanto and Pfizer use US diplomats to badger governments so they get out of lawsuits. And Monsanto is just as evil as you'd expect. Damn straight this should be "looked at in depth" and then people should be thrown in prison for life. And it makes Manning look like a true patriot. We've GOT to fix this. We HAVE to be the good guys.

      Seriously, if this is news to you, GO READ IT.

      Hey, I get what you're saying. That he shouldn't have just leaked all this information without making sure it wasn't endangering anyone. And that's a mountain of work. So thank goodness that he went to a professional leaking site like Wikileaks to handle it all. (Too bad they trusted Guardian journalist David Leigh with the encryption key. He fucked up and it all got released underacted after about a year.)

    96. Re:NSA doesn't like the system it created??? by dgatwood · · Score: 4, Interesting

      Your question is only valid if you honestly believe that Manning read and determined ALL of the 250,000+ documents he released to be proof of a Constitutional violation of some sort. His mass dump of documents shows his motive was less about any duty to the Constitution than it was a blatant FU to the Military & Government that entrusted him with his clearance.

      You could just as easily argue that his mass dump of the documents shows that his motive was to do his duty to the constitution:

      • Had he gone through those 250,000 documents before releasing anything, assuming he could spend three hours per day doing it, even at one document per minute, it would have taken him almost four years. After such a long period of time, the information would no longer be timely, and many crimes would have been much harder to investigate.
      • Had he released those documents one at a time as he found the incriminating ones, he would have been stopped after the first one. None of the other abuses would have been revealed at all.

      Therefore, short of finding a few thousand other people in the military who were all willing to similarly stick their necks out, the only way he could fulfill his perceived duty to reveal those abuses was to mass release the documents to a neutral third party (the press) with adequate resources (people and time) to review them in a timely manner.

      Based on that, I would argue that the only questions that can reasonably be asked are whether he had a duty to tell the world about these abuses, and whether that duty trumped his duty to keep military secrets. All other questions are meaningless.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    97. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 4, Interesting

      Manning probably conspired with Assange to get the information to Wikileaks. Wikileaks made the information available to anyone that wanted it, including the Taliban and al Qaida. The Taliban and al Qaida are the enemy, not the US public and international press. The Taliban stated that they were using the information to hunt down informants. That is where the charge of "aiding the enemy" came from.

      That is a more useful explanation than your troll.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    98. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 1

      In case you aren't trolling...

      Getting a government security clearance is a long and painful process that is entirely besides any status of enlistment or commision and includes additional oaths and regulations well beyond those.

      In fact civilians can get a clearance without being in the military at all (I know a fewe folks who haev done this). The oaths are probably publically available but no one with a clearance is likely to volunteer to post them on /., if I had to guess.

      So, those oaths supersede their oath to uphold and defend the Constitution above all else?

      I disagree.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    99. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 2, Interesting

      "THE LAW OF THE LAND declares that some people are only 3/5ths of a person. And women need not apply... Its a shitty document in places. We've done our best to patch it up in places, but it could really use more amending. However that's a long and time consuming process. In the event that time is of the essence, and following it would violate your own moral code to follow the law, you violate the law."

      While I don't disagree with you absolutely, I think you are taking THIS out of context.

      The "3/5 of a person" bit was only a bow to the reality of their time. If the founders had tried to abolish slavery via the Constitution, it would never have been ratified. It might never even have gotten off the floor.

      On the other hand, they deserve credit for wording the rest of it such that it did, in fact, support equality across the board. This left open ground for equality when society grew up a little bit.

      Keep in mind that even Jefferson, who owned slaves (he inherited them), strongly disliked and spoke against the institution of slavery, but felt that it would be economic disaster to try to abolish the already-existing slavery all at once. He supported a law to ban the importation of any more slaves, and he did attempt to outlaw slavery in all the new Western territories (i.e., everything West of the existing 13 States). He authored that bill. But it was voted down by one vote. Jefferson said:

      "Thus we see the fate of millions unborn hanging on the tongue of one man, and Heaven was silent in that awful moment!"

      and

      "We must await with patience the workings of an overruling Providence, and hope that He is preparing the deliverance of these, our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a God of justice will awaken to their distress..."

      In the Declaration of Independence, he also lambasted King George for supporting the slave trade. So there were attempts to change things, even then. I think blaming the founders for trying to do the best they could, given the realities of their time, is a bit unrealistic.

      Which is why I say: no, it's not a 'shitty' document. It has lasted longer than any other Constitution in anything approaching modern history. It may have some flaws, but it's a damned good document.

    100. Re:NSA doesn't like the system it created??? by ikhider · · Score: 1

      Socrates drank the poison.

      --
      "SO we bide our time, waiting for a purer kick to bloom and the future is still bleak, uncertain and beautiful" -GSYBE
    101. Re:NSA doesn't like the system it created??? by anagama · · Score: 1

      That analogy is so bad, it's no wonder you posted AC. It's bad even by bad slashdot car analogies.

      --
      What changed under Obama? Nothing Good
    102. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 1

      Matter of fact, obeying orders appears to have been an afterthought.

      Being third in the list of things sworn to does not make it "an afterthought". It makes it only third in the list. Your 'matter of fact' is your imagination and hope.

      So the fuck what? Are you disagreeing that it's an ordered list, or did you just decide that you disagree with me and thus, latched on to the one sentence in the post that's indicative of an opinion?

      As for not mentioning "secret documents", remember that it does say "according to regulations and the Uniform Code of Military Justice." If you think there is nothing in the regulations or UCMJ that deals with how someone treats classified material, you're wrong.

      I think that support and defense of the Constitution against all enemies, foreign and domestic, trumps all other clauses and addendums. Kinda like how the Constitution is supposed to be the supreme law of the land, unable to be superseded by anything but a Constitutional Amendment.

      Of course, I not only stayed awake, but enjoyed my Civics classes... sadly it seems most people today do not share that quality.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    103. Re:NSA doesn't like the system it created??? by lgw · · Score: 4, Informative

      Right, shooting civilians (including their children) who come to help others who have aready been shot (including an accredited journalist) is "just business-as-usual borderline 'unethical'".

      Let me phrase that differently: "War is Hell". It's an ugly business, and always has been. Compared to civilian causalities and treatment of "enemy" civilians in any previous wars we've done quite well this century.

      In the incidents I've seen, the guys pulling the trigger were following the rules of engagement. The ROE are designed to balance the risk to soldiers against the risk of civilian casualties. The balance will never be "no civilian casualties", and most people in a war zone go out of their way to be clear they're not part of any conflict. Helping enemy combatants while the fight goes on makes you one, and misunderstandings are easy on both sides when the combatants don't wear uniforms. The soldiers can't be sure who's an enemy, the civilians can't always guess that someone who was just injured is being seen as an enemy, and so on.

      The best possible thing for the safety of civilians is to ensure both sides wear uniforms, as required by just about every treaty since the idea of uniforms happened. Failing that, the best you can hope for is that the ROE gives reasonable consideration for civilians (and ours do), and that the soldiers follow the ROE and are punished when they don't (also true).

      All I saw from the "Manning videos" was "man, war still sucks, don't have any illusions of a video game war". The video was shocking, but not evidence of any scandal.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    104. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      The NSA loses a couple agents each year to those that "cash out" and disappear. However, their actions do not become public.

    105. Re:NSA doesn't like the system it created??? by QRDeNameland · · Score: 3, Interesting

      Are you sure you understand what Rule of Law means? It is basically the concept that, in the words of John Adams, of being "a government of laws and not of men." In other words, that no one is above the law, and that is indeed a moral principle and not authoritarian.

      I suspect you are reading the term as if it were synonymous with "Law and Order", which is indeed a battle cry of the authoritarian.

      --
      Momentarily, the need for the construction of new light will no longer exist.
    106. Re:NSA doesn't like the system it created??? by LordLimecat · · Score: 2, Interesting

      Apparently it is now (has always been?) in vogue to criticize America for things that never actually happened. If you took time to actually understand the issue, the "collateral murder" video doesnt show any children being killed. The (2?) injured children were transferred to a US military hospital for a day before being released to an Iraqi hospital.

      https://en.wikipedia.org/wiki/July_12,_2007_Baghdad_airstrike

      Now go forth, and try to keep the uninformed BS to a minimum.

    107. Re:NSA doesn't like the system it created??? by Obfuscant · · Score: 1

      So the fuck what?

      So your claim that "obey orders" is "matter of fact" an afterthought is absolute nonsense.

      Are you disagreeing that it's an ordered list,

      Of course it is not an ordered list. It contains nothing that implies any order. "First I will ... and then ... and then ..." isn't there.

      or did you just decide that you disagree with me and thus, latched on to the one sentence in the post that's indicative of an opinion?

      "Matter of fact" doesn't indicate an opinion. You think it is a fact that "obey orders" is just an "afterthought" in the oath. It isn't. It's not an optional part that one can decide to ignore if one thinks "there's too much other stuff I'm swearing to do, this is just an afterthought and thus not important..."

      I think that support and defense of the Constitution against all enemies, foreign and domestic, trumps all other clauses and addendums.

      The problem with that position is that you are assuming that unilateral decisions about what is and isn't constitutional let someone out of everything else that someone has sworn to do. In case you didn't notice, there are currently many debates over what is and is not constitutional, including such things as "people who form corporations have no first amendment rights" and "if you aren't part of an organized militia you have no right to bear arms." Unless someone has slipped a secret amendment into the system, the only arbiter of "constitutional" is the court system; not you, not I, and not Bradley Manning. Notice that in that list of three people, there is no significance to the ordering.

      So, once you get past the oath to defend the Constitution, there was an additional, voluntary, oath to obey orders and regulations and the UCMJ. Somehow I think that it is impossible to justify the release of a cable from an embassy official back to the state department that contained nothing more serious than a statement that "met with prime minister X, I think he's a git" as something that violates the constitution and justifies ignoring regulations. That's the content of some of the cables he released. Can you point to any specific part of the constitution that was violated by that cable? No? Then the oath to obey regulations still applies.

      Of course, I not only stayed awake, but enjoyed my Civics classes...

      That's nice. So did I. If "staying awake" and/or "enjoyed civics classes" were sufficient to make one an authoritative judge of constitutional matters, there would be lots of us out here. As it stands, Bradley Manning had the option of using the constitutionality of the material he released in his defense, and either chose not to or did so and it wasn't found sufficient to justify his actions.

      That ruling would also have to consider whether his actions were justified even were there some constitutional violation. Does one constitutional violation justify release to foreign nationals all classified documents one has access to? I don't think so. Apparently neither did Manning's court.

    108. Re:NSA doesn't like the system it created??? by maccodemonkey · · Score: 1

      How about that Solyndra contract? It would probably be more relevant, should you really want to fight corruption, because the dickheads who pocketed the money for that one are still in office. Not saying the previous administration wasn't corrupt, but how about fighting in the present instead of the past?

      Woah woah woah...

      Who pocketed money in office for Solyndra? The best I can find is that former Solyndra execs donated to Obama's campaign (which although it might be in poor taste, is legal. Personal funds would be exempt for a Solyndra bankruptcy.) That's a far cry from someone personally pocketing money.

      Needs citation.

    109. Re:NSA doesn't like the system it created??? by CanHasDIY · · Score: 1

      Looks like we're gonna have to agree to disagree on this one, bud.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    110. Re:NSA doesn't like the system it created??? by 0111+1110 · · Score: 2

      The judge obviously disagreed with that reasoning which is good because it is a load of horse shit.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    111. Re:NSA doesn't like the system it created??? by cusco · · Score: 1

      So if Google Earth shows where the Brooklyn Bridge is, and al Qaida uses that information to blow up the bridge, then Google Earth can be charged with "Aiding The Enemy"? How absurd.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    112. Re:NSA doesn't like the system it created??? by segfault_0 · · Score: 1

      I meant whistleblowing via channels in the government -- those are the only ones that arent going to land you in jail.

      http://en.wikipedia.org/wiki/Whistleblower_Protection_Act

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    113. Re:NSA doesn't like the system it created??? by 0111+1110 · · Score: 4, Insightful

      A government of laws and not men is all well and good except when a law is unjust. Then the rule of law is more like the ruly of tyranny. Something that John Adams was not a fan of. When a law is unjust and/or unconstitutional we are all above the law. The law exists to serve men. Men do not exist to serve the law. Laws are not a a substitute for morality. Just because something is illegal does not mean that it is wrong. I don't think the way that the phrase is often used, as a justification for going after Snowden for instance, is a moral principle simply because law has so little to do with actual morality.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    114. Re:NSA doesn't like the system it created??? by segfault_0 · · Score: 2

      And after the pinky swear there's jail time. At some point you have to either trust some people or use robots. It's like asking someone to watch your kid or your house -- you assume they wont kidnap your kid or steal your stuff - but in the end, you're running on faith once you're on down the road.

      You don't fix government or the law by circumventing it, just like you don't fix murder by taking your own personal vengeance on the killer. Do you think Mr. Manning looked at each of those cables and decided which ones were bad and which ones were not bad? Or if they would hurt someone if they were released?

      Sometimes the courts don't work -- sometimes your vote doesn't get counted -- sometimes people in the government are dishonest -- and there is no Santa Claus. Doesn't mean you stop going to work, and start learning chinese.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    115. Re:NSA doesn't like the system it created??? by KiloByte · · Score: 2

      The Holocaust was legal according to German laws, passed by democratically chosen parliament. On the other hand, NSA directly violates the constitution.

      So when it comes to following legal principles, the NSA is actually worse. Both boil down to the same issue: might makes right. Ex post facto law against someone you have no jurisdiction whatsoever? Hey, you won the war. A pesky constitution disallowing your abuses? So what the citizens can do against you...

      Soviets murdered over three times as many people as Nazis[1], including war crimes, genocide, outright shooting at their allies, yet no one said a word against them. The whole point of laws is to protect the weak against strong, and here our civilization has failed miserably.

      [1]. No, I'm not saying killing >20mil is nice, just that killing >60mil is worse.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    116. Re:NSA doesn't like the system it created??? by DrJimbo · · Score: 4, Informative

      Most of the people arguing for manning have failed to defend the mass dumping of *all* that information.

      [...] He didn't need to dump 250k of docs to make his point.

      Manning's defenders don't don't defend it because it Manning didn't do it. He didn't do a mass dump. He released documents to news organizations so those organization would vet them and release only what was proper to be released. That was the responsible thing to do under the circumstances.

      It's true that one of those organizations screwed up and released a private key that let everyone see all the documents but that was clearly not Manning's fault. No one defends that mistake. No one thinks it was right for all the documents to be released to the public.

      As a practical matter, it would have been impossible for Manning to do it much differently. Once the leaks started, his access would soon be terminated. He knew for sure a lot of the information was damning. He scooped up more than he could personally vet and gave it to people who were in a better position to do the vetting. That's exactly the way it is supposed to be done.

      You might want to try to blame Manning for choosing the wrong people to trust. Since most of the main stream media have stopped doing their jobs as journalist and have instead become sycophants to the people in power, Manning did not have a wide range of choice about whom to trust with his information.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    117. Re:NSA doesn't like the system it created??? by painandgreed · · Score: 3, Insightful

      All I saw from the "Manning videos" was "man, war still sucks, don't have any illusions of a video game war". The video was shocking, but not evidence of any scandal.

      It was a while back, but I thought the scandal wasn't so much in what happened, but in covering it up after the fact.

    118. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 1

      It could be that the prosecution just didn't meet the burden of proof for the charge of aiding the enemy.

      Manning was also found guilty of "wrongfully and wantonly" causing to be published on the internet intelligence belonging to the US, "having knowledge that intelligence published on the internet is accesible to the enemy". That guilty ruling could still have widest ramifications for news organisations working on investigations relating to US national security -- The Guardian

      I'm curious, do you acknowledge that the US has any external enemies? Or do you think that the only enemy of the US is the federal government?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    119. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 1

      Google Earth isn't classified military intelligence.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    120. Re:NSA doesn't like the system it created??? by segfault_0 · · Score: 1

      Im sure there are some in government that would give him medals -- just no one in his own government.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    121. Re:NSA doesn't like the system it created??? by blackraven14250 · · Score: 1

      Snowden wasn't a government employee, and doesn't fall under the purview of that law as a result. From the article you linked, emphasis mine:

      The Whistleblower Protection Act of 1989 is a United States federal law that protects federal whistleblowers who work for the government and report agency misconduct.

    122. Re:NSA doesn't like the system it created??? by TapeCutter · · Score: 1

      "The first casualty of war is truth" because people like you are more than eager to drown it in a bathtub.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    123. Re:NSA doesn't like the system it created??? by mrbester · · Score: 1

      "You don't fix government or the law by circumventing it"

      Oh, so US is still under British control?

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    124. Re:NSA doesn't like the system it created??? by Anonymous Coward · · Score: 1

      I can see what you mean about Manning not using a more legitimate channel, since Wikileaks isn't exactly the pinnacle of journalism. However, Snowden went to the Guardian, which is absolutely a legitimate channel for whistle-blowing.

      how is wikileaks not legitimate?

      but i guess the point of the GP (and several other comments) is he should have used some reporting protocol. from the military. the same military that knew exactly about the events, and had even denied them since. brilliant.

      thanks, brad.

    125. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "It's true that one of those organizations screwed up and released a private key that let everyone see all the documents but that was clearly not Manning's fault. No one defends that mistake. No one thinks it was right for all the documents to be released to the public. "

      Thank you for reminding us all of this. I am ashamed to admit that I had forgotten.

    126. Re:NSA doesn't like the system it created??? by reve_etrange · · Score: 1

      In the case of Manning he simply dumped every classified file

      You can have the benefit of the doubt, that you are simply misinformed, but Manning did not "dump" the cables. He gave them, in encrypted form, to the Guardian under the expectation that they would select individual documents for release via news reports. Unfortunately, one of their reporters left the private key on a public server.

      --
      .: Semper Absurda :.
    127. Re:NSA doesn't like the system it created??? by reve_etrange · · Score: 1

      Maybe he just thought he would be killed if he tried to escape.

      --
      .: Semper Absurda :.
    128. Re:NSA doesn't like the system it created??? by TapeCutter · · Score: 1

      The reason freedom of the press exists is so that you don't have to rely on the goodwill of the government to "do the right thing" when you tell them you have found out what they are doing. WL is a legitimate press organization, they released the manning stuff at the same time as three well established and respected newspapers they partnered with, Guardian, NYT and Der Speigel. The news people did what WL did not have the resources and expertise to do, redacted the names of informants. The result - WL cops all the flack from the spooks, while the release and the role of the established newspapers is ignored.

      Freedom of the press does not mean individual publishers have to apply for a license to publish.

      Disclaimer: I don't like either Rupert Murdoch or Julian Assange steering the views of the public, they both have lousy personalities that I wouldn't associate with unless absolutely necessary, but they most certainly have a right to their freedoms, and not the least of those is the freedom of the press.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    129. Re:NSA doesn't like the system it created??? by zippthorne · · Score: 1

      3/5's for the purpose of determining representation in congress. In other words, the slave states were getting voting power based not only on the number of voting citizens, but also on the number of non-free people.

      3/5's is profoundly unfair, but the fair value isn't unity, it's zero - slaves are automatically disenfranchised by definition. Slave states shouldn't have been rewarded for their inhumanity.

      --
      Can you be Even More Awesome?!
    130. Re:NSA doesn't like the system it created??? by segfault_0 · · Score: 1

      Of course there's the caveat of revolution -- but such are popular movements -- not the an act of an individual.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    131. Re:NSA doesn't like the system it created??? by cold+fjord · · Score: 1

      There is only one part of what I posted that was speculative, and that is the link between Manning and Assange. It isn't much of a leap, is it?

      Taliban prepare to punish WikiLeaks Afghan informers

      I assume you prefer that terrorist attacks against Australia and Australians fail, rather than succeed? (Hate to ask, but can't really assume on Slashdot, can we? Plenty of people (narcissists?) are actually indifferent.)

      Transnational Terrorism: The Threat to Australia

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    132. Re:NSA doesn't like the system it created??? by AuMatar · · Score: 1

      Should Rosa Parks have been convicted? In fact the entire concept of jury nullification rests on the idea that sometimes the law isn't right. So is the idea of an affirmative defense- for example self defense to a murder/manslaughter charge. The questions of "is the law/rule just" and "do the circumstances override the law" always need to be answered.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    133. Re:NSA doesn't like the system it created??? by AuMatar · · Score: 1

      Not at all. My point is that the circumstances around the event need to be factored in- just because someone broke a rule doesn't mean they should be punished. It was that assertion that I was objecting to.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    134. Re:NSA doesn't like the system it created??? by 0111+1110 · · Score: 1

      Well it's true that they didn't actually see the two young children until after they had shot the van full of holes with large caliber rounds, but they were in there. A little girl was shot in the stomach. I don't know what happened to the other child.

      There was no reason to shoot at the van in the first place. Once you start shooting at civilian vehicles you have to assume that there might be children inside. It's a very stupid and irresponsible thing to do. And of course if they had just flown closer to get a better look they would have seen there were no RPGs. There may or may not have been a couple of guys with rifles away from the main group, but if they were rifles they were hung over a shoulder and not actively carried. They were probably just tripods or something anyway. But it's not unreasonable to carry a rifle in a war zone. It doesn't mean you are hostile. Unless they actually aim the rifle it doesn't mean anything. And you don't massacre a whole group of people just because two of them may or may not be carrying rifles. What you do is warn the guys with rifles to put them down and if they instead aim them at you then you shoot only them.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    135. Re:NSA doesn't like the system it created??? by LordLucless · · Score: 1

      What you're saying is that he should have analysed all the data before he leaked it. Releasing it piecemeal as he vetted each cable would have been impractical - once he started releasing information, the data would have been secured, logs would have been checked, he'd have been caught, and any information he had not yet leaked would go back in the safe.

      It would have taken years for him to read through all the cables - years in which, if he was caught, the facts he uncovered may have been buried again. Instead, he took the only practical route - dump all the cables, get them out while he could, and enlist the help of a third party with experience in such things to help him vet the documents.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    136. Re:NSA doesn't like the system it created??? by aliquis · · Score: 1

      For the court I think it's all about the bad things, as in did either person commit a crime. Good things doesn't count much.

    137. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      Apparently that's been slightly misrepresented and he was much more discerning than he's given credit for. Apparently he leaked only historic stuff and deliberately avoided humint material, seemingly the government even agreed this happened as they amended the charges.

      That's not to say that everything Bradly Manning released should have been released. A lot of the stuff in the diplomatic cables was the sort of stuff that everyone already knew but no one had actually said, and for all too human reasons sometimes it's important that there be a distinction between what is known and what is said. Most everyone knows that Putin is at best straddling the line between president and not so benevolent dictatorship, but we still have to have a diplomatic relationship with him, so we don't say that out loud. Everyone knows that Netanyahu has been testing the patience of his western allies something fierce, but again, we don't actually say that. On the other hand though there is some validity to the argument that finding out the US couldn't stand their dictators either helped foster some of the Arab spring which for all that it hasn't magically transformed the Middle East into Candy Land has at least been an important step.

    138. Re:NSA doesn't like the system it created??? by the+gnat · · Score: 1

      Many of the documents made it very clear that our government was working covertly in ways that were not necessarily in the actual interest of The People of the United States. I applaud those revelations.

      I agree, but keep in mind that many of the documents were simply things we didn't want the entire world to know, but didn't actually indicate any wrongdoing. Like the cables in which diplomatic staff characterized the flaws of some of the people we have no choice but to deal with (unless, of course, you believe that the US should not even have diplomatic relations with countries under less-than-ideal government). This is an essential function of their job, and there was no greater purpose to be served by releasing those documents, other than further embarrassing the US government. So while I'm glad Manning released the video of a gunship mowing down civilians, I still think he needs to go to jail for indiscriminately spreading as many secrets as he could get his hands on, even the harmless ones. (20 years seems a little excessive, though.)

    139. Re:NSA doesn't like the system it created??? by pongo000 · · Score: 1

      The American people did vote. They voted for a candidate that explicitly promised the closing of Guantanamo

      Not only has Obama not closed Gitmo, he closed the office that was charged with closing Gitmo . Go figure.

    140. Re:NSA doesn't like the system it created??? by ultranova · · Score: 1

      Rule of Law is not even a moral principle. It is the motto of the amoral. And yes someone who believes in that idea is likely to be authoritarian.

      So what happens without it? What happens without Rule of Law? Why, I decide what's acceptable, based on whatever whims I care to, and the rest of you will just have to adapt to them. How is that not the very spirit of authoritarianism? How is that not the very soul of tyranny?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    141. Re:NSA doesn't like the system it created??? by Livius · · Score: 1

      Since the constitution no longer operates as legislation enforced by the courts, it is simply another paper.

    142. Re:NSA doesn't like the system it created??? by Khashishi · · Score: 1

      You try to cover your ass as best you can.

    143. Re:NSA doesn't like the system it created??? by cavreader · · Score: 2

      Manning could have faced a jury of his peers but decided to go the single judge route. It was his choice. Manning did not deserve to spend the rest of his life in jail and it looks like the judge recognized that fact to help reduce his sentence. He will probably get 10 years with credit for time served and released in 6 years. Snowdens case is a different animal. He has admitted taking his job for the express purpose of stealing information. That comes very close to meeting the definition of espionage. His subsequent threats to release further data on activities that have nothing to do with the US survelliance programs. This comes close to guaranteeing that the US government will do all they can to disrupt his life no matter where he is living. His asylum applications stating he is facing execution in the US is 100% bullshit. Where is the evidence of the US government executing someone for political purposes. Is there any proof at all that the US government has a habit of disappearing journalists or political activists? What's really bad is he has taken on all this trouble and achieved nothing. The surveillance and FISA courts are not secret and anyone claiming they didn't know really must not be paying attention. The politicians standing up and saying they didn't know about these programs are displaying the incompetence we have all witnessed over the years. And all the foreign countries who are acting surprised and offended that US intelligence agencies actually spy shows the idiocy of politicians is a truly global phenomenon.

    144. Re:NSA doesn't like the system it created??? by ultranova · · Score: 1

      But when you agree to join the military and have a security clearance you make promises to protect that information.

      That's not the only promise they make, though. Specifically, you also swear to defend the Constitution against all enemies, foreign and domestic. So suppose you think some domestic enemy is undermining it, and the best way to fight that is to expose some classified secrets. Wouldn't it be your duty to do just that, then?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    145. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "... many of the documents were simply things we didn't want the entire world to know, but didn't actually indicate any wrongdoing."

      Yes, that's true too. But I just don't really know if it would have been possible for him to separate them all out.

      Someone else here reminded me that Manning actually delivered these documents to others, who WERE supposed to try to separate that out. But somebody goofed. So I'm not sure that can honestly be blamed on Manning, who actually did make an effort to expose wrongdoing while not releasing those other things to the public.

    146. Re:NSA doesn't like the system it created??? by adolf · · Score: 1

      I have a fundamental disagreement with your unwarranted invocation of Godwin's Law.

    147. Re:NSA doesn't like the system it created??? by mrchaotica · · Score: 2

      I'm curious, do you acknowledge that the US has any external enemies? Or do you think that the only enemy of the US is the federal government?

      I'm not the GP, but I'll tell you that the [cabal of fascist traitors within the] Federal Government is by far the most important enemy of the United States. Any confrontation with rival nations (e.g. China) won't be of a military nature any time soon (except maybe cyberwar), and little pissant groups like Al Qaeda aren't even worth worrying about.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    148. Re:NSA doesn't like the system it created??? by mrchaotica · · Score: 1

      I assume you prefer that terrorist attacks against Australia and Australians fail, rather than succeed? (Hate to ask, but can't really assume on Slashdot, can we? Plenty of people (narcissists?) are actually indifferent.)

      That depends on whether the terrorists can be stopped without destroying Australians' civil rights. If not, then the victims of the attacks are acceptable losses, martyred for the cause of freedom.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    149. Re:NSA doesn't like the system it created??? by ultranova · · Score: 1

      Clearly, he didn't have a reason for every single document.

      Perhaps. But then again, he had no way to go through them all, and had a reason to suspect that at least some contained evidence of wrongdoing. So at that point it becomes a question of which is more important, holding the secrets (only publishing those documents that he had personally verified to be evidence) or exposing every single crime (publishing it all).

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    150. Re:NSA doesn't like the system it created??? by the+gnat · · Score: 1

      Someone else here reminded me that Manning actually delivered these documents to others, who WERE supposed to try to separate that out. But somebody goofed. So I'm not sure that can honestly be blamed on Manning, who actually did make an effort to expose wrongdoing while not releasing those other things to the public.

      That's kind of a huge abdication of responsibility on his part, don't you think? Ultimately Manning was the person responsible for leaking classified information - it was his decision alone, and only he had the necessary access. If he really thought that the public would benefit from some of the material he released, it was his duty to separate it out.

      I still think this points to naivete rather than malice, and I certainly don't buy the argument that Manning aided his enemies, which would criminalize just about any action which simply makes the US look bad. But I still find Manning's behavior shockingly irresponsible and somewhat dangerous. If revealing US misdeeds damaged our national interests, that's our problem, not his, and we obviously need to clean up our act. However, there is an awful lot of sensitive information which the government is quite right to keep secret, not because it hides evidence of their perfidy, but because leaking it simply creates messes. Stuff like which foreign nationals are (legally) cooperating with us, which foreign officials are problematic to deal with, what the political situation in a country is like, etc. I'm not convinced that it actually did as much harm as some have suggested - if people really did get killed as a result of the leaks, I'm sure the prosecution would have made a big deal about it - but we simply can't afford to let this kind of irresponsibility go entirely unpunished. Time served, a criminal record, and a dishonorable discharge seem like enough to me, however.

      (On the other hand, from what I've read about Edward Snowden, I'd have a difficult time defending his prosecution under any circumstances, although I'm not very impressed that he sought refuge with the PRC and Putin.)

    151. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "That's kind of a huge abdication of responsibility on his part, don't you think?"

      No, I don't. He sent it to supposedly responsible news media outlets, whose job arguably *IS* to sort those things out.

    152. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      And I will point out one other thing: none of what Manning "leaked" was classified Top Secret. Yet there are Washington insiders talking to the press just about every week about things that *are* top secret. You read about it all the time, and some of those journalists have written whole books about the Top Secret things they were leaked.

      Yet those Washington insiders, and those journalists, are not only NOT in prison, they aren't even accused of crimes.

      So you tell me: where is the justice here?

    153. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      Life isn't black and white. Everything you do has positive and negative consequences, and the same is true for every government, there are ripples and if we decided we never wanted to do any evil we'd have to sit locked up in a basement somewhere and even then we'd be doing evil by inaction.

      The problem with "Enhanced Interrogation Techniques" is that they are a furphy. Their proponents tap into the fact that most of us would find them justified in the action movie case. That is to say if you had a man who you 100% knew had information which would allow you to save thousands or millions of lives and that man was directly responsible for the harm about to befall those people, most people would torture him to get that information even if they disagreed with torture. They might feel really shitty about it afterwards, but you, and I, and probably nearly everyone else would probably do it if we ran out of other options.

      That's not what happens though, we don't torture people who are guilty to stop plots we know about and save known victims, we torture people who might know something about plots they may or may not be directly involved in, which might or might not exist, in order to save an unknown number of people from a possibly nonexistent danger. Then after we do it the interrogators go home and feel they've served their country honorably.

      Given that if you torture someone long enough they'll admit to whatever it is you want, if you're not in the action movie scenario not only are your means fairly abhorrent, but your ends are at best seriously questionable. You can certainly justify certain the means by the ends, but the benefit of the ends has to outweigh the cost of the means. When the means you're talking about are torturing another human being, you need some pretty damned fantastic ends, the movie scenario probably just scrapes by, but I have doubts that anything so clear cut ever occurs in real life.

    154. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      You're confusing an unjust law with exigent circumstances. Whistle Blower laws are exceptions to the law which are granted under certain exigent circumstances because it is believed that breaking the law is better for society than following it.

      No one sane believes that it is inappropriate to keep some details of current military exercises secret at the very least from the opposing side whoever that may be. No one sane believes that the government isn't allowed to keep at least a few secrets for some period of time. That is to say, laws against aiding the enemy or revealing secret information are perfectly just, reasonable, and given that the penalty of death for treason is actually written explicitly into the constitution, I'd hazard a guess that the founding fathers largely agreed with it.

      The question in this case is, should Manning and Snowden be forgiven some or all of their legitimate crimes because, in essence, the American people had a right to know. This is not a simple question to answer in either case as the protection isn't an all or nothing thing. Either man could potentially be a legitimate whistle blower and a traitor simultaneously if some of the information revealed shouldn't have been. Personally I think that, on the evidence available, Bradly Manning made a reasonable effort to not reveal information which might endanger people when he revealed the Iraq War Log information and that that information was something that the American people had a right to know. Cablegate is a bit more complicated, there was less need to know and more potential harm, but I'd give a pass on that as well.

      Snowden on the other hand has apparently revealed details of surveillance to legitimate targets of surveillance directly and with intent, so I'm not sure if he's quite so protected. He might not precisely fall into the traitor category yet, but he's leaning that way and will almost certainly end up there to save his own skin before this is over.

    155. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      The bad thing Snowden did was go to China and explain to the Chinese how we spy on them. He also told other world governments about how the UK spied on them. This is a distinct event from telling US citizens how the US spied on them which should probably have whistleblower protections.

    156. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      No one I know of denies Al Qaeda exists, lots of people don't believe that it exists as some sort of centralised organisation with agents operating towards an organised goal, but I've never seen anyone deny it exists. Those are two very different things, and understanding the difference is important, both in terms of how we justify what we do, but also in terms of what we do. We can't get Al Qaeda to surrender the way we could a foreign government, we can't just nuke it's HQ and hope it'll fall apart, we can't break in and steal its secret plans so we can stop them. In essence while there is an Al Qaida, there are also hundreds of other organisations which might, depending on your perspective be defined as terrorist organisations which may or may not be affiliated with Al Qaeda in any way or who if they are affiliated may have varying degrees of affiliation.

      The other problem is that disasters are actually really, really uncommon and there are legitimate questions about how effective all this extra security is at thwarting them. We really and honestly have to take a look at the cost of having something like 9/11 happen with great rarity vs the cost of the actions we are taking to prevent it, especially if we aren't actually doing much to prevent it. I've seen government officials justifying Prism by evoking the memory of the Boston Bombings which happened while Prism was operational. If we're throwing away our liberties, our international reputation and perhaps more importantly the values for which we stand and for which our soldiers have and continue to die in order to reduce the likelihood of an already unlikely event is it worth it? What if what we're doing isn't reducing that risk at all? What if it is, as some believe, actually making things worse?

    157. Re:NSA doesn't like the system it created??? by AK+Marc · · Score: 1

      1) It doesn't work.

      It works fine. You don't want the truth, you want a conviction. Torture in the Inquisition wasn't about the truth, it was about confessions to wrongdoing.

    158. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1
      Interesting point. But giving those documents to the media is tantamount to giving it to the world any fool would know that. You would have to be mind numbingly stupid to not know that all hostile nations would instantly have access to the full list of documents if you give them to ANY media source. But even given that you could still have the opinion that it was worth it. And it is fair to have that opinion.

      But that opinion surmounts to a "its worth it to toss the baby out with the bath water" . The question becomes is it really that bad? Are the intelligence services really that corrupt that it is better to completely negate any secrecy these agencies have, than so allow them to continue their operation? That is a judgement call we all have to make.

      My personal answer is no, and that any one who acts on that is too far gone and that they need criminally punished. And that is the judgment call we as a society have made.

      There will always be someone on the fringe yelling that we have torch this place and start anew. Laws are in place so that, that fringe element is not allowed to run amok.

    159. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1
      Yes it is Manning's fault. A child should have known that the media organizations are not equipped to deal with that kind of secret info.

      Its like sticking a group of children in a room full of knives and blaming the children when someone gets hurt.

    160. Re:NSA doesn't like the system it created??? by rtb61 · · Score: 1

      Under law, it is a crime to obey an illegal order, FACT.

      Did or did not Bradley Manning publicly report crimes being committed that he was given an illegal order to cover up. Bradley Manning and all of those around who observed criminal acts being covered up, committed the crime of accessory after the fact and broke their oath when they failed to report those crimes publicly. After attempting all means at his disposal to report those crimes as he was obliged to do under law and under the oath he took, he resorted to publicly releasing all evidence of criminal acts and their associated documents, in order to uphold the honour and integrity of the oaths he took.

      What you have now is the farce of attempting to hold up the espionage act, to defeat the requirement that all persons who take the oath obliged by law to publicly report crimes and failure to do so is a criminal act and no criminal order can supersede that regardless of the espionage act or not.

      By law the court is required to investigate all of the evidence released and if their are any criminal exposed they must uphold justice and release Bradley Manning. Also that same court must seek the prosecution of all superior officers who were aware of that evidence and prosecute them for being accessories after the fact for criminal acts and that extends to the highest office.

      So should Uncle Tom Obama, choom gang coward face trial as commander in chief for failing to ensure those crimes were prosecuted, now that is the real question not the blatant innocence of Bradley Manning and his adherence to law and the oath he took in the public reporting of criminal activity by the US military.

      --
      Chaos - everything, everywhere, everywhen
    161. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      All we have is that a few people who supported the NSA spying on Americans 'suggesting' after the fact that Snowden 'might have' given information to China. As far as I can see, that is speculation (and only speculation) based on which countries he chose while on the run. Of course the fact that he couldn't have hidden out in more U.S. friendly countries is an equally likely explanation.

      Beyond that, I sincerely doubt China was naive enough to think the U.S. wasn't spying on them and they probably have a fairly good idea how it's done. Same applies in reverse as well.

      If I thought he stood a ghost of a chance at a fair trial with those whistleblower protections, I might say let the courts figure it out, but honestly that looks unlikely. Even managing to not be water boarded is questionable at this point.

    162. Re:NSA doesn't like the system it created??? by DrJimbo · · Score: 1

      But giving those documents to the media is tantamount to giving it to the world any fool would know that. You would have to be mind numbingly stupid to not know that all hostile nations would instantly have access to the full list of documents if you give them to ANY media source.

      Luckily for the world, your paranoid fantasies do not match reality. Disclosing to a reliable media source is the time-honored way of responsibly reporting government malfeasance. In your fantasy world where a responsible press does not exist then there is no way for the press to act as a check on the government because only "stupid fools" would trust the press.

      My personal answer is no, and that any one who acts on that is too far gone and that they need criminally punished. And that is the judgment call we as a society have made.

      I'm glad you agree with Manning on this essential point. What we should do about the war crimes and government malfeasance he disclosed is a judgment call that we as a society have to make. It is impossible for us to make the call unless some brave soul reports the crimes. You want war crimes and atrocities to be committed by your government, with your tax dollars, in your name, fine. I DON'T. But unless someone like Manning exposes these crimes then I have no choice in the matter and we as a society have no choice in the matter.

      Laws are in place so that, that fringe element is not allowed to run amok. Laws are in place so that, that fringe element is not allowed to run amok.

      Exactly! When a fringe element has run amok and is breaking laws and committing war crimes with impunity, someone brave soul has to report it. That's what Manning did. In your twisted, paranoid, fantasy version of reality there is no way for someone to responsibly report war crimes because even the most responsible disclosure is stupid and foolish.

      If you were a soldier and you witnessed flagrant war crimes and violations of the Constitution by your superiors, what would you do? Would you uphold your oath to support and defend the Constitution by "stupidly and foolishly" reporting the war crimes to the news media or would you take the Nuremberg Defense and turn a blind eye to the war crimes all around you?

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    163. Re:NSA doesn't like the system it created??? by Maelwryth · · Score: 1
      You forgot to add this oath;

      "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

      --
      I reserve the write to mangle english.
    164. Re:NSA doesn't like the system it created??? by Xest · · Score: 1

      "(Also, are you aware that "slippery slope" is the name of a fallacy? Not an argument?)"

      Something is only a slippery slope fallacy if it's actually a fallacy. The fact that there is a slippery slope fallacy does not mean that all slippery slope arguments are fallacies, merely that they can be.

      Saying that anti-terrorism laws for seizing financial assets that may fund terrorism shouldn't be passed because it's a slippery slope in that first they will take it from terrorists but then they will take money from everyone's accounts is a slippery slope fallacy because that'll almost certainly never happen. Saying however that they shouldn't be passed because first they'll be used for terrorists but then they'll be used for select non-terrorists isn't a fallacy because that's exactly what happened here in the UK when our government used anti-terrorism laws to seize the UK assets of failing Icelandic banks.

      "No, "ends justifies the means" doesn't justify torture and here's why.

      1) It doesn't work."

      I don't know why this keeps getting repeated so much here on Slashdot because it's a fallacy. The fact is that sometimes torture does actually work. It doesn't always work and the uncertainty as to whether it's worked or just given you false information makes it unreliable and potentially dangerous, but the failure rate of torture is absolutely not 100%. It's not 100% reliable, it may not even be 10% reliable but you can guarantee that even if it's only 1% reliable there will be congressmen and so forth who will in fact argue that even if it's only a 1% chance of getting valid information that could stop another 9/11 then that 1% is enough to justify the means and that's the problem.

      Your second point on torture is valid in theory but it's clear successive US governments do not care about the moral high ground anymore. From trying to get everyone tied into the WTO whilst ignoring WTO rulings against it, through to claiming to be the global pinnacle of justice whilst running Guantanamo bay the US lost the moral high ground on most issues a long long time ago and yet it still pretends it has it and whilst it has all resulted in a drop in opinion of the US across the globe it's not done enough to make US politicians change their ways and start acting in a more moral manner.

      Regardless, I do completely agree with you with regards to Manning. You're absolutely right, there's been a net good from his actions such as us now knowing that the US military's rules of engagement are utterly deficient given that the collateral damage gun-cam range finder made it clear the pilots were well outside RPG range let alone effective RPG range and that Apache gunners are given permission to fire on anyone regardless of whether they're a verified threat or not. Even simple things like that help us recognise problems that need solving, even if they've not been solved yet and that's better than where we were before - where problems were just swept under the carpet.

    165. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      Well we know he met with Universities and other agencies in Hong Kong to tell them how they were being spied on. I know that technically Hong Kong isn't exactly the same as China, but they aren't anything close to a democracy and the final say so still goes to Beijing. Whether he shared anything directly with the Chinese government(or offered anything to the Russians) is largely immaterial as the organisations he shared with in Hong Kong are run directly by the Chinese state.

      The fact that they were spying on them is not a surprise, the how is what's interesting to them.

    166. Re:NSA doesn't like the system it created??? by Xest · · Score: 1

      Spending that much time checking each one would've left him more likely to get caught and the risk is hence that he wouldn't have been able to release anything.

      He had to make the conscious decision as to whether releasing everything was better than the risk of potentially being able to release nothing and getting silenced.

      You have to be pragmatic with this sort of thing and he clearly was. Given that there's still to date no verifiable harm or danger or damage to life that has come from the leaks it seems the decision he made was right.

      At the end of the day the data he released was only of a certain relatively low clearance and IIRC a couple of years old too so that alone would've been informative enough to him that nothing too immediately harmful would be contained within. Certainly he'll have known it contained nothing about ongoing or future military operations that could've put his colleagues lives in danger.

      In this context I think it made sense to release the lot because the net benefit was always going to be better than the potential downsides.

    167. Re:NSA doesn't like the system it created??? by Richard_at_work · · Score: 1

      I'm not saying there aren't relevant things in amongst those 250,000 cables that were released.

      I am saying however that there was also a lot of stuff in there that didn't expose anything illegal or immoral, but were released anyway and some were indeed damaging to US foreign policy. Manning had no grounds to release those cables, but he did anyway.

      Which proves due diligence was not done by Manning.

    168. Re:NSA doesn't like the system it created??? by HeckRuler · · Score: 1

      some were indeed damaging to US foreign policy.

      Yeah, that happens when you pay for little boys to be raped. Sunlight and transparency is a bitch isn't it?

      The things which were "damaging to US foreign policy" were the exact sort of abuses that the USA has to stop doing. Because otherwise we are the bad guys. If you want them to stop doing blatantly evil things, you have to punish them when they do it. Letting them get away with murder just reenforces that behavior, and leads to more murders.

      You're bitching about "due diligence" when the man exposed children being systematically raped and US corporations abusing powers they shouldn't even have to screw over third world nations. He exposed blatantly illegal intent of spying on U.N. leaders, our supposed allies.

      But yeah sure, he violated the US government privacy and told some of their secrets that nobody cared about. I'm sure that justifies locking him in solitary for a year, forcing him awake from 5am (7am on weekends, woo!) to 8pm, taking away his glasses, then taking away his clothes and forcing him to present himself naked every morning. You know, suicide watch. He could have hurt himself with that underwear and flipflops. At least the torture lessened when the lawyers complained.

    169. Re:NSA doesn't like the system it created??? by mitcheli · · Score: 1

      There seems to be a lot of attention to lump Manning and Snowden together into the same group as other well known whistle blowers. There are serious and very distinct differences between these different people. Manning is NOT a whistle blower. He did not expose Government wrongdoing. He did not have a purpose to expose the classified information except to do so in mass. The fact that some of his information MAY have pointed to some wrongdoing is coincidental. Snowden on the other hand was a bit more methodical at his release of classified information. Snowden might be able to be considered a whistle blower because of the narrow focus of the documents he exposed, but even he wouldn't be "safe" from prosecution. When you work in a position dealing with classified information like these gentlemen, you are required by law to protect that information. And there are proper processes and procedures to address wrong doings that are classified. In fact, many times, if the proper procedures are followed, that information can be declassified and corrected. A number of NSA employees have blown the whistle on the issues that Snowden reported on, albeit in lesser detail, but the major difference between them and him is that they followed the process. They aren't facing espionage charges. The EFF and others have still sued the Government as a result of their disclosures. There are right ways, and there are wrong ways. Neither Snowden nor Manning did the right ways. And Manning, dear lord, stock wholesaling classified information in mass to foreign nationals during an active military engagement against enemy forces? The boy's lucky he wasn't shot.

      --
      Select from tblFriends where interesting >= 4;
    170. Re:NSA doesn't like the system it created??? by LordLimecat · · Score: 1

      Your post specifically made the accusation of "rednecks in a chopper murdering children" which didnt happen. In fact, Assange himself indicated that he didnt think the initial attack was intentional; his explanation for the title of the video was because of the followup attacks when the van arrived.

      Even the Guardian (who works closely with Wikileaks) doesnt think that "murder" is appropriate, and that Assange is doing emotional manipulation about this whole issue.

      The fact is you made a false accusation, but its sufficiently popular to say anything negative about the US that people dont care.

    171. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      I would like to see the evidence of that. We know that he said they were being hacked by the NSA, but that wasn't exactly a revelation.

    172. Re:NSA doesn't like the system it created??? by csumpi · · Score: 1

      Woah woah woah...

      You are just joking, right?

    173. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "Its like sticking a group of children in a room full of knives and blaming the children when someone gets hurt."

      I disagree completely. These were supposedly responsible news organizations. So what it was really like was sticking a group of adults in a room full of knives, and blaming those adults when someone gets hurt.

      If you loan someone a dangerous object... say you loan someone your rifle because they want to go hunting, or because Grandma is coming over and she is a little crazy and you don't want the gun in the house... and that person then goes out and shoots somebody with your gun, YOU are not responsible. Either legally or morally.

      A news media organization messed up. And it wasn't deliberate, it was an accident. But they were adults, and should have known better.

    174. Re:NSA doesn't like the system it created??? by Agent0013 · · Score: 1

      Not only was there plenty of damning evidence in those cables. There are many that are completely inane and have no reason to be classified. If your classification system just involves marking secret on everything then it isn't much use. In fact it make having a working democracy pretty difficult. How can the people in a democracy vote for what they want to happen when everything that happens is kept secret from them no matter how simple and mundane it is. There is another reason that the massive release of the cables has use, to show the abuse of the classification system. This topic was being discussed on the radio just this morning so it isn't something I am making up. It is an actual result of his leaking these documents and shows that his actions are still having an impact in helping drive a conversation about how this country should be run.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    175. Re:NSA doesn't like the system it created??? by redlemming · · Score: 1

      The best possible thing for the safety of civilians is to ensure both sides wear uniforms, as required by just about every treaty since the idea of uniforms happened.

      That isn't quite what the Laws of Land Warfare require, according to the US Army, but the sentiment is good.

      "64b. Distinctive Sign.

      The second condition, relative to the possession of a fixed distinctive sign recognizable at a distance is satisfied by the wearing of military uniform, but less than the complete uniform will suffice. A helmet or headdress which would make the silhouette of the individual readily distinguishable from that of an ordinary civilian would satisfy this requirement. It is also desirable that the individual member of the militia or volunteer corps wear a badge or brassard permanently affixed to his clothing. It is not necessary to inform the enemy of the distinctive sign, although it may be desirable to do so in order to avoid misunderstanding."

      -- The Law of Land Warfare, FM 27-10, Appendix A-17

      Unfortunately, since terrorists are sociopaths, they don't tend to have much interest in following the rules.

    176. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1

      The guardian stories I read had him talking about actually going there and showing them things. I don't know what it was he showed them, but it was from his own mouth as I recall. Even that is probably enough to at least convict him of some minor offenses.

      Mind you, the paranoid part of my mind says Snowden is actually still an NSA agent because in the end what he's actually provided is a really neat way for the US government to reveal that it's been spying on people without actually getting in any serious trouble. I realise that the more likely explanation is that he's just a paranoid low level drone with libertarian political views who saw some legitimately shady stuff and blew it up into the sky is falling. The evidence I've seen from Snowden matches a lot more closely with what the government has admitted than what he's claimed so far and if he's got something seriously big that we really need to see then he should release it instead of sitting on it as some sort of dead man's switch.

      Poor idiot is between a rock and a hard place at the moment, he's fallen for the typical crazy dream that the countries which don't cooperate with America are somehow resisting the police state as opposed to far far worse places. The Russians have him now and they're not going to let him go anywhere except straight back to their offices to give them everything he has or back to the USA and even that's only because they'd have a hard time explaining why not.

      As an important note for junior anarchists everywhere. Russia, Ecuador, Venezuela, etc are not strongholds of free speech, democracy and freedom, they are dictatorships or borderline dictatorships where taking a hard line against the US is politically advantageous. Ecuador has prosecuted journalists for a lot less than Julian Assange ever did and continues to do so, their president just wins votes by cocking a snoot to the US government.

    177. Re:NSA doesn't like the system it created??? by AK+Marc · · Score: 1

      Should Rosa Parks have been convicted?

      Rosa Parks was convicted.

      In fact the entire concept of jury nullification rests on the idea that sometimes the law isn't right.

      If she were tried in front of a jury and the jury nullified, then the case would have not made it to the Supreme Court and cleared the issue for all jurisdictions. Jury nullification would have been much worse than the conviction and subsequent appeals.

    178. Re:NSA doesn't like the system it created??? by Bill,+Shooter+of+Bul · · Score: 1

      "Given the realities of their times", is a great excuse for terrible people to do terrible things. It sucks and should be rewritten from scratch.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    179. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1

      "Luckily for the world, your paranoid fantasies do not match reality. Disclosing to a reliable media source is the time-honored way of responsibly reporting government malfeasance. In your fantasy world where a responsible press does not exist then there is no way for the press to act as a check on the government because only "stupid fools" would trust the press."

      Have you learned nothing from this whole situation. Everything you do is being watched and monitored. Are you being willfully ignorant or just enjoy your childlike innocence ? The US intelligence services without a question monitor all major media channels both internal and foreign......and guess what? So do the Russians and Chinese and to the best of their ability any and every other nation on this planet. We are not the only ones in this game and its beyond pathetic to think its that one sided that only the US has the resources to monitor these things.

      Dont be silly and try and twist my words into pretending they support you. We both know that is a fabrication and I have no intention but to speak my honest opinion. Yes in the face of crimes a patriots blood will be spilled. But that is exactly what is NOT happening. Manning nor Snowden really revealed anything to the common man. Everyone who did not have their head up their own ass assumed/knew these programs were already in place. Many people are just behaving all upset kind like a "40 year old man who its all huffy because someone told him Santa Clause is not real". Anyone and everyone should have already known better. If you were surprised...the joke is on you.

      "If you were a soldier and you witnessed flagrant war crimes and violations of the Constitution by your superiors, what would you do? Would you uphold your oath [about.com] to support and defend the Constitution by "stupidly and foolishly" "

      If there was something meaningful to fight I would gladly do so at all personal cost. But again that is not at all what has happened here. You hear that silence on the issue? Did you notice the lack of people storming the streets in protest? You notice the lack of change on this issue? You notice the complacency of the American population? You notice the Supreme court signing off on these actions? All these realities are the sound of society stomping down on you, you on the fringe. As final proof of this, I dare you and any one else to try and take real action against these polices. Try and steal more these kind of documents and release them. You will find yourself in a box without any hope of society freeing you. You and I both know this is true and this is the final proof of our society supporting these policies.

    180. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1
      News agencies are not qualified to handle any kind of sensitive information. They do not have the training, they do not have the equipment, they do not have the personnel they do not have the resources. You think just because OMGZ he gave them an encrypted file OMGZ. That the data was secure? Not a chance in hell. The moment that those files were compromised, almost ALL hostile nations had FULL access to the contents.

      You are absolutely morally and legally responsible if you give crazy old grandma a gun and let here loose in a shopping mall. WHEN NOT IF things go terrible it IS YOUR FAULT. THE MEDIA IS NOT, I REPEAT NOT QUALIFIED IN ANY WAY SHAPE OR FORM TO DO ANYTHING WITH INFORMATION EVEN CLOSE TO SECRET.

    181. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1

      Sorry for the re-post. I responded to my own parent post. News agencies are not qualified to handle any kind of sensitive information. They do not have the training, they do not have the equipment, they do not have the personnel they do not have the resources. You think just because OMGZ he gave them an encrypted file OMGZ. That the data was secure? Not a chance in hell. The moment that those files were compromised, almost ALL hostile nations had FULL access to the contents. You are absolutely morally and legally responsible if you give crazy old grandma a gun and let here loose in a shopping mall. WHEN NOT IF things go terrible it IS YOUR FAULT. THE MEDIA IS NOT, I REPEAT NOT QUALIFIED IN ANY WAY SHAPE OR FORM TO DO ANYTHING WITH INFORMATION EVEN CLOSE TO SECRET.

    182. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "You think just because OMGZ he gave them an encrypted file OMGZ. That the data was secure? Not a chance in hell."

      I have a clue for you: Big news organizations handle Top Secret leaks all the damned time (and the journalists even write books about it)... but none of the stuff Manning had was even top secret.

    183. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      I have only seen stories where someone claims the discussions happened or 'may have' happened. Little more than innuendo, generally by someone with a vested interest in emphasizing (or manufacturing) a negative aspect of Snowden's actions to date.

    184. Re:NSA doesn't like the system it created??? by G-forze · · Score: 1

      I watched the video yesterday and continued today. (It's quite long, over 5 hours.) I was impressed. I would recommend that anyone that proclaims to be open to debate to watch at least the segments that discuss the glaring faults in the official report as well as those that compare the building collapses to other similar events. Quite an eye opener.

      --
      "There's someone in my head but it's not me." - Pink Floyd, Dark Side of the Moon
    185. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1

      I have news for you. They get given leaks at a somewhat frequent rate. But to use your own term.. They are NOT HANDLED. Just because there is not a damn media shit storm about the data, does not mean that our adversaries did not get ahold of the information. Shit I could wave hello to the security professionals that run the operations at the Times, AP and several other organizations, and they simple are not qualified to setup such an environment which could handle that kind of information. They would gladly tell you themselves that their operations are not hardened to handle it.

    186. Re:NSA doesn't like the system it created??? by Eskarel · · Score: 1
    187. Re:NSA doesn't like the system it created??? by sjames · · Score: 1

      That is a bit more substantial, though it's actually GCHQ he tattled on according to a Chinese newspaper.

      If he got a fair trial, I'd love to see them subpoenaed to testify!

    188. Re:NSA doesn't like the system it created??? by Jane+Q.+Public · · Score: 1

      "I have news for you. They get given leaks at a somewhat frequent rate. But to use your own term.. They are NOT HANDLED. Just because there is not a damn media shit storm about the data, does not mean that our adversaries did not get ahold of the information."

      This is 100% irrelevant to the point I made: that they "handle" Top Secret information all the time, yet the stuff Manning had was not even Top Secret.

      If their operations are not "hardened" enough to handle Top Secret information, then how is it that they DO deal with it, all the time?

      But considering that by your own admission they DO deal with it all the time, why do you say they were not qualified to handle stuff that was NOT Top Secret?

      My point has almost nothing to do with what you are saying. My main point was this: if the press deals with top secret information all the time (and very definitely get away with it), why are THEY not facing charges and prison time, along with the Washington insiders who leak to them?

    189. Re:NSA doesn't like the system it created??? by Richy_T · · Score: 1

      And four years later, after he had failed to keep his promises, they voted for him again.

    190. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1

      Just because you walk onto the field in the all star MLB game does not mean you actually are competent enough to truly be there. .

      At best when this situation arises the news agencies are children playing in a professional league of a game they do not even understand or know that is going on.

      If anyone gives confidential, secret, top secret etc they are personally responsible for that information being COMPLETELY breached.

      Doing so could still be considered a worthwhile whistle blow, but you go into the situation knowing that you are personally, morally and legally responsible for exposing the whole worth to the information. Denying this a child's lie.

      " My main point was this: if the press deals with top secret information all the time (and very definitely get away with it), why are THEY not facing charges and prison time, along with the Washington insiders who leak to them?"

      No they dont. and No they dont. Above I let you pretend that News agencies get exposed to top secret information often. That is simply not true (luckily) The average reporter in their lifetime will never get access top secret information. A more valid estimate would be something like maybe 2 or 3 a decade. They do get ahold of information which is considered secret and confidential a bit more than that.

      Also when the authorities do find about this heads do, and should roll. Some do unfortunately get away with it, but it is not, nor should that be the standard.

      https://en.wikipedia.org/wiki/Scooter_Libby#Sentencing

    191. Re:NSA doesn't like the system it created??? by plague911 · · Score: 1

      Woordward was famous for the precise reason you are full of shit. He was one of the few who did get access to some level of secret information. The RARITY is why it was a BIG DEAL. As you've jumped the boat on name calling. Clearly you are not a security professional nor do you even interact with them. Child you are talking about things you just do not understand.

  2. I guess Snowden saved Manning's life then. by Anonymous Coward · · Score: 5, Interesting

    Aiding the enemy carries the death penalty, but they can't really murder Manning if they want Snowden extradited, can they?

    1. Re:I guess Snowden saved Manning's life then. by tnk1 · · Score: 3, Insightful

      No one thought he was going to get the death penalty. I'd have been surprised if he got life even. However, 20 to 30? Maybe. I'm thinking 5-10 years.

      That's also what I would think Julian Assange would get if the Federal Government got their hands on him.

      And I don't think Russia has a problem with the death penalty in extradition cases.

    2. Re:I guess Snowden saved Manning's life then. by icebike · · Score: 1

      Russia doesn't have any problem with the death penalty in any cases.

      However, this case has nothing to do with Snowden, or any other case, as it was clearly different.
      A person in the military is quite different than a civilian. And even military judges are unlikely to issue
      the death penalty unless there was direct links to multiple lives lost. Even then the Fort Hood
      shootings by a self avowed Jihadist is not likely to result in the Death Penalty.

      --
      Sig Battery depleted. Reverting to safe mode.
    3. Re:I guess Snowden saved Manning's life then. by Motard · · Score: 1

      Snowden could be extradited and then tried and sentenced to death. Not that he will be. In fact, Sec. Kerry has specifically said he wouldn't be. But extradition has nothing to do with one's ultimate fate. Well, other than the fact that not being extradited may block any such fate.

    4. Re:I guess Snowden saved Manning's life then. by TWiTfan · · Score: 4, Insightful

      The U.S. government isn't looking to kill them, they mainly want two things:

      1) To silence them
      2) To send a clear message to any other would-be heroes about what happens to whistleblowers who embarrass the U.S. government

      --
      The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    5. Re:I guess Snowden saved Manning's life then. by TechyImmigrant · · Score: 5, Insightful

      >Do we really want a military full of people who think it's okay to give away millions of pieces of data whenever and for whatever?

      Yes, when the military is committing illegals acts and violating the constitution. In those cases it is other people who should go to jail.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    6. Re:I guess Snowden saved Manning's life then. by tnk1 · · Score: 1

      Well, people like Walker and Hanssen either gave away significant military advances or provided information that got US agents killed or executed.

      Incidentally, Walker will be released next year after 30 years. Of course, he's terminally ill with throat cancer, so he's not exactly going to enjoy his time out, but he's not getting life.

      Snowden is a special case, but I agree, breaking the rules for Top Secret as opposed to Secret will carry a much stiffer penalty. I still think life will not happen. I'm putting my money on 25 years. Although, it is also possible for him to get a Bernie Madoff style "virtual life" sentence which is like 100 counts of espionage to be served in sequence or something. The Feds love stacking that shit up.
       

    7. Re:I guess Snowden saved Manning's life then. by gordona · · Score: 4, Insightful

      what damage? All he did was release the information that NSA was electronically evesdropping on US citizens. Something everyone knew anyway including our "enemies". He released no names of any covert agents, troop movements, or what Obama had for breakfast.

      --
      "Gentlemen, you can't fight in here! This is the War Room!" -- Dr. Strangelove
    8. Re:I guess Snowden saved Manning's life then. by schwit1 · · Score: 1

      "The normal sentence for espionage and treason is death."

      Not in the US. Who was the last traitor to get the death penalty? Ames, Hanson and Walker didn't.

    9. Re:I guess Snowden saved Manning's life then. by schwit1 · · Score: 2

      I would add a 3rd reason ... it's in everyone's best interest. The death penalty removes any motivation to cooperate in revealing the extent of the treason. There also may be more questions later on.

    10. Re:I guess Snowden saved Manning's life then. by horza · · Score: 1

      Two politically motivated crimes. The first the leak of intelligence in an apparent bid to prevent Middle Easterns getting killed. The second the massacre of 77 people, mostly children, in a bid to sway people against allowing Middle Eastern people to settle in Europe. The latter got a sentence of 21 years. Let's see what Mr Manning gets. On the one had he betrayed the confidence of his employers and his country. On the other the extraordinary level of torture the US inflicted on him, the kind of behaviour no civilised society should allow. It would be fair 20-30 years, but 5-10 years taking into account time served.

      Phillip.

    11. Re:I guess Snowden saved Manning's life then. by 0111+1110 · · Score: 1

      Russia doesn't have any problem with the death penalty in any cases.

      Wrong. Russia doesn't use capital punishment anymore.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    12. Re:I guess Snowden saved Manning's life then. by 0111+1110 · · Score: 2

      A life sentence is probably what Snowden is looking at.

      No. What Snowden is looking at is exile. He's in a country with no extradition treaty with the US. There is no reason to believe he will end up back in the US at any point. That must really bother you.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    13. Re:I guess Snowden saved Manning's life then. by tnk1 · · Score: 1

      I know the the UCMJ could have him in Leavenworth for life, I just don't think he'll get it. Execution was simply never going to happen. We haven't executed anyone in the military for decades, and never for actual treason. By far, the most executions were for simple murder or rape.

      I think even a military court will see a degree of difference between what Manning did, and what someone else like a much more dangerous and malicious agent would have done. They will make use of their latitude for sentencing in that regard, even if it ends up being much more draconian than a civilian court.

      Same goes for Snowden, although he's not going to be tried by the military. He's not going to get a full-on sentence for malicious activity, if he is ever caught.

    14. Re:I guess Snowden saved Manning's life then. by 0111+1110 · · Score: 4, Insightful

      Bradley Manning, no matter where his heart was, committed treason

      Not according the judge in his case.

      Do we really want a military full of people who think it's okay to give away millions of pieces of data whenever and for whatever?

      Yes. And furthermore we want a much, much smaller military than we currently have.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    15. Re:I guess Snowden saved Manning's life then. by sconeu · · Score: 1

      I think it was the Rosenbergs.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    16. Re:I guess Snowden saved Manning's life then. by cold+fjord · · Score: 1

      Although I have no idea how it is possible, it seems the director of the NSA disagrees with you.

      NSA director: Snowden leaks caused "irreversible and significant damage"

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    17. Re:I guess Snowden saved Manning's life then. by Mr.+Slippery · · Score: 2

      The death penalty removes any motivation to cooperate in revealing the extent of the treason.

      "Treason"? There is no treason in exposing the activities of the U.S. government to its citizens; if anything, the "treason" is in the acts of the military/intelligence/industrial complex.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    18. Re:I guess Snowden saved Manning's life then. by tnk1 · · Score: 1

      Not to directly disagree with you, but what Snowden revealed were means of obtaining intelligence information. During WWII, the ULTRA program assisted in the war effort greatly. Simply telling the Germans and Japanese about the Allied codebreaking methods would have been enough to render them completely useless. The faith that the Germans had in their Enigma machines was significant in allowing their communications to be broken so even the knowledge that the Allies could read their messages would have been enough to cause a code change in methodology. If that had happened, a lot more Allied troops and sailors would have died.

      If al-Qaeda was under the misapprehension that certain communication methods were mostly safe, the simple knowledge that they are *not* safe could compromise intelligence gathering efforts. The failure of those efforts could lead to successful al-Qaeda operations, and successes for them means people killed.

      I do understand that it is hard to prove "what-ifs" like this, but do not be dismissive of the possibility that knowledge of methods can easily get people killed, perhaps not directly, but dead just the same. There is a real argument between freedom and security, but please don't assume that it is a slam-dunk on the side of "freedom".

    19. Re:I guess Snowden saved Manning's life then. by gordona · · Score: 1

      of course he does.

      --
      "Gentlemen, you can't fight in here! This is the War Room!" -- Dr. Strangelove
    20. Re:I guess Snowden saved Manning's life then. by crashcy · · Score: 2

      Well, if the guy who oversees mass spying on everyone, friend and foe alike, then lies about it to congress, says he caused damage, well that's good enough for me.

    21. Re:I guess Snowden saved Manning's life then. by dywolf · · Score: 1

      Except that's not what happened, there are several ways to report violations that are legal and secure, and even anonymous.

      Manning chose to use none of those, and instead undiscriminately gave a ton of documents, most of which were meaningless and of no importance, to someone not authorized or trusted to use them. Even the american news media will usually vet anything sensitive they are given to mitigate potential harm to innocents, but he instead gave it to Assange who made no such attempt.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    22. Re:I guess Snowden saved Manning's life then. by bkmoore · · Score: 1

      Russia doesn't have any problem with the death penalty in any cases.

      If Snowden were possibly facing the death penalty in the U.S., he would qualify for asylum under the UN Convention on Asylum seekers in any country that abides by international conventions and obligations, regardless of the offense he is charged with. The U.S. government is obviously aware of this, and wouldn't be stupid enough to seek to execute Manning.

    23. Re:I guess Snowden saved Manning's life then. by bkmoore · · Score: 2

      John Walker and Robert Hanssen, sold military secrets and the identities of agents working for the U.S. to the Soviet Union. Manning and Snowden didn't sell anything to anyone. They didn't expose the identities of agents who were working for the U.S. They didn't sell information about sensitive military technology such as submarine detection sensors.

      Real spies don't go public with their information or their identities.

    24. Re:I guess Snowden saved Manning's life then. by tnk1 · · Score: 1

      To be fully accurate, no one in the history of the United States has ever been executed for the actual crime of treason. I think there have been a few convictions, but no actual executions.

      The Rosenbergs were the last people executed for espionage, but they were executed under a different law. Even their execution was unusual, but I think we have the atomic bomb and its consequences to thank for that.

      As a crime that is actually defined very specifically in the US Constitution itself, it is very hard to try someone for actual Treason, and it is near-impossible to change the definition (as it is part of the Constitution).

      There is also a sensitivity in the US about executing people for political crimes. The US's reputation as a big death penalty state is almost entirely due to executions for violent crime situations.

    25. Re:I guess Snowden saved Manning's life then. by CanHasDIY · · Score: 1

      Although I have no idea how it is possible, it seems the director of the NSA disagrees with you.

      You mean James "Least Untruthful" Clapper? The guy who honestly believes his job is to lie to the American people?

      Well, if I were to have anyone disagree with me, a proven pathological liar would be my first choice.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    26. Re:I guess Snowden saved Manning's life then. by CanHasDIY · · Score: 2

      Except that's not what happened, there are several ways to report violations that are legal and secure, and even anonymous.

      Name them.

      I hear this excuse a lot, but to date not a soul has managed to provide any examples of other venues that would A) have been equally or more effective at bringing these events to the public's attention, and B) protected Manning from the persecution and downright criminal treatment he's faced the last 3 years or so.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    27. Re:I guess Snowden saved Manning's life then. by icebike · · Score: 1

      seek to execute Manning.

      However two .22 slugs to the back of the head is yet a real possibility. He's probably safer in Russia than in any South American country.
      (Oh, I forgot. The CIA would never do such a thing. What was I thinking).

      --
      Sig Battery depleted. Reverting to safe mode.
    28. Re:I guess Snowden saved Manning's life then. by Firethorn · · Score: 1

      most of which were meaningless and of no importance,

      Indeed, I remember one of the classified cables was basically 'Person X is important. Yes, he smells of untreated sewage, Despite this treat him with politeness, respect, yada yada yada...

      So, harmful if it gets out to said individual, which is why it was classified confidential, but otherwise no big deal.

      --
      I don't read AC A human right
    29. Re:I guess Snowden saved Manning's life then. by CanHasDIY · · Score: 3, Insightful

      I did not. I hate when some jackass statist "news" conglomerate insists on showing me some retarded film instead of giving me the words to read for myself.

      I did, however, do a bit of my own research, and found this article, in which Gen. Alexander repeatedly states "we have [concrete] proof that Snowden's actions have helped terrorists/hurt America blah blah blah," Yet I noticed a stark absence of the actual "proof" he claims to have.

      Reminds me of one of my uncle's, a psychologically diagnosed pathological liar; always claims to know the information you want, and always has some bullshit excuse on why he can't tell it to you.

      Only a child or invalid would accept "We have the information to prove our claim, but we can't show it to you" as a legitimate response.

      Or a sucker.

      Speaking of which, I have a lovely piece of property spanning the East River in NY, NY, that would be a perfect investment opportunity for you...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    30. Re:I guess Snowden saved Manning's life then. by cheekyjohnson · · Score: 1

      but do not be dismissive of the possibility that knowledge of methods can easily get people killed, perhaps not directly, but dead just the same.

      Seeing as how terrorists are almost scarce to the point of nonexistence, I'd say we never had much to fear to begin with.

      but please don't assume that it is a slam-dunk on the side of "freedom".

      Why not? I'd rather people did; then we probably wouldn't be in this situation.

      --
      Filthy, filthy copyrapists!
    31. Re:I guess Snowden saved Manning's life then. by LordLimecat · · Score: 1

      The Feds love stacking that shit up.

      Its not "the feds" who make that call, its the judge.

    32. Re:I guess Snowden saved Manning's life then. by Slackcity · · Score: 1

      If they'd killed him, they'd have converted their example into a martyr.

    33. Re:I guess Snowden saved Manning's life then. by cold+fjord · · Score: 1

      The lack of an extradition treaty doesn't mean extradition is impossible. It only means that the terms of extradition would have to be negotiated.

      Snowden isn't in exile, he is a fugitive from justice. It is difficult to say if he will or won't end up in the US in the future. Does that trouble you?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    34. Re:I guess Snowden saved Manning's life then. by Agent0013 · · Score: 1

      Manning chose to use none of those, and instead undiscriminately gave a ton of documents, most of which were meaningless and of no importance,

      Meaningless and of no importance, and exposes the abuses of the classification system. So the very fact that they are meaningless and unimportant shows that there is reason to release them.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    35. Re:I guess Snowden saved Manning's life then. by CanHasDIY · · Score: 1

      ... You didn't really try and rationalize domestic spying in flagrant violation of the 4th Amendment by positing the utterly insane idea that the Founders would be down with it, did you? Yea, something tells me General Washington wasn't talking about spying on his own people when he made those statements (hell, even your own reference points out he spied on the British Army, not American citizens), and even if he did, one letter from one person does not a valid rationale make.

      How you statists twist in the wind to try and justify your unjustifiable positions... Sometimes I find the doublethink, doublespeak, and out-and-out hypocrisy difficult to fathom.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  3. And the truth shall set you free by Anonymous Coward · · Score: 1

    Unless the truth is unwanted.... but who would want to hide the truth? Surely nobody who cares for the freedom and liberty of the people...

    1. Re:And the truth shall set you free by tnk1 · · Score: 1

      There are some opinions I have that I would prefer to be wrong about. I don't prefer "lies" over the "truth", I just don't believe that I would be lucky enough to be wrong about certain things.

      In any event, I think calling people like that "slaves" is missing the point. They are not subjecting themselves to domination, nor are they necessarily being subjected to slavery. Most people simply don't care enough to bother changing their mind. What is a "truth" to you still needs to be accepted and assimilated in the same way that you eventually did. Most people don't have the energy or time to start adjusting their views faced with what you call facts, even if they are good facts.

      I think the idea that people are enslaving themselves by not caring is an idea that really only makes sense if you think that everyone is equally qualified and able to make decisions about everything. Democracy is nice, but that's not really how it works on a large scale. There is a certain degree of inertia in a society and you'll just drive yourself crazy trying to make it go faster. If you want change now, you have to play the real game of give and take, not the playacting that is democratic decision making.

    2. Re:And the truth shall set you free by gweihir · · Score: 1

      Indeed. Most people cannot stand truth, they can only stand things that do not make them question their preconceptions.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  4. ramifications by Trepidity · · Score: 3, Insightful

    Beyond the fate of Private Manning as an individual, the 'aiding the enemy' charge — unprecedented in a leak case — could have significant long-term ramifications for investigative journalism in the Internet era.

    Since he was acquitted of the charge, isn't that particular kind of potential ramification now less dire? It doesn't prove that the government will never be able to overreach in that manner, but the fact that they couldn't get a conviction on that charge here, even in a military court and little dispute about the underlying facts of document release, suggests that it won't be that easy.

    1. Re:ramifications by tnk1 · · Score: 3, Insightful

      "Aiding the Enemy" was always going to be a bit of a stretch here. The documents were embarrassing, but I'd have to agree that, in the end, he wasn't actually trying to help al-Qaeda. My biggest problem with him is that, in fact, he released so much that I'd have to call him on his statement that he could have had any idea that they would be harmless. His action was more reckless than malicious.

      He broke the law and I don't personally like what he did. He's definitely guilty of misusing his clearance and releasing materials he was trusted to keep secret. There will need to be a reckoning for that. If he feels he did the right thing, well and good. Perhaps he will be able to sleep well at night and even get a pardon. I just don't think that it's an action to be encouraged. There must be a better way.

    2. Re:ramifications by icebike · · Score: 3, Interesting

      Beyond the fate of Private Manning as an individual, the 'aiding the enemy' charge — unprecedented in a leak case — could have significant long-term ramifications for investigative journalism in the Internet era.

      Since he was acquitted of the charge, isn't that particular kind of potential ramification now less dire? It doesn't prove that the government will never be able to overreach in that manner, but the fact that they couldn't get a conviction on that charge here, even in a military court and little dispute about the underlying facts of document release, suggests that it won't be that easy.

      Agreed, the summary was over-reaching.

      Its almost impossible to convict Journalists in this day and age of anything related to espionage.

      Still when this administration Taps Reporters phones and even taps Congressional Phones we are pretty close to a police state where you dare not even complain to your Congressman any more.

      They don't go after the congressmen or the journalist, just the people they talk to. (Or so they say).

      --
      Sig Battery depleted. Reverting to safe mode.
    3. Re:ramifications by MindlessAutomata · · Score: 3, Insightful

      Yes. The proper way of airing the government's dirty laundry is through the official channel, i.e., the government.

      You're so fucking obedient to a symbol and a flag that you think the rules of nebulous "authority" figures and structures and systems are more important than the supposed reasons those rules were put in place to begin with. You'd defend keeping government secrets that show how they make us unsafe even though the purpose of government is supposedly to grant us some safety.

    4. Re:ramifications by intermodal · · Score: 5, Insightful

      He gave information that could help the American people make better informed decisions regarding their governance. I think that counts as aiding an enemy of the state at this point.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    5. Re:ramifications by X0563511 · · Score: 1

      There must be a better way.

      Meanwhile, out here in the real world...

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    6. Re:ramifications by gl4ss · · Score: 2

      I honestly don't see what Manning released that made me "safer". Or served my interests in any way. Or those of the people of the United States.

      Snowden... I think you could make an argument since it affects citizens, but even that program was never presented with a list of things where it was used to harm citizens, it has always been just a "hey look at this stuff they could do!" In no way do I think the action he took was the only one he could have taken. It may well have been the quickest and certainly the most dramatic method, but there is a price for doing it that way. I hope it was worth it.

      it would have made you safer if they had done any actions to stop the emberrassing shit released in them. if they would for example review their internal processes to agree to international law, international declarations and agreements and stop trying to affect politics in ways which they actually for a fact know to be "wrong" and "unfair".

      otoh you know if you're going to tell something to the cia or american representative there's a very good chance that some fucking 5000 nobodies are going to be reading what you told - their intelligence system is fuckedly horizontal and apparently either nobody at the top is reading or it never reaches them. that actually makes you safer if you're going to tell them some stuff. it actually matters if you're iranian whisteleblower and don't want to get killed(that is, don't trust the usa to be good in their spy shit because they aren't, they're just good at being goons).

      --
      world was created 5 seconds before this post as it is.
    7. Re:ramifications by anagama · · Score: 3, Informative

      My biggest problem with him is that, in fact, he released so much that I'd have to call him on his statement that he could have had any idea that they would be harmless. His action was more reckless than malicious.

      Wrong.

      To impugn Manning's conduct, it is often claimed - by people who cannot possibly know this - that he failed to assess the diplomatic cables he was releasing and simply handed them over without having any idea what was in them. Here is Manning explaining the detailed process he undertook to determine their contents and ensure that they would not result in serious harm to innocent individuals; listen on the player above.

      Of the documents release, the cables were the only one I was not absolutely certain couldn't harm the United States. I conducted research on the cables published on the Net Centric Diplomacy, as well as how Department of State cables worked in general.

              "In particular, I wanted to know how each cable was published on SIRPnet via the Net Centric Diplomacy. As part of my open source research, I found a document published by the Department of State on its official website.

              "The document provided guidance on caption markings for individual cables and handling instructions for their distribution. I quickly learned the caption markings clearly detailed the sensitivity of the Department of State cables. For example, NODIS or No Distribution was used for messages at the highest sensitivity and were only distributed to the authorized recipients.

              "The SIPDIS or SIPRnet distribution caption was applied only to recording of other information messages that were deemed appropriate for a release for a wide number of individuals. According to the Department of State guidance for a cable to have the SIPDIS caption, it could not include other captions that were intended to limit distribution.

              "The SIPDIS caption was only for information that could only be shared with anyone with access to SIPRnet. I was aware that thousands of military personel, DoD, Department of State, and other civilian agencies had easy access to the tables. The fact that the SIPDIS caption was only for wide distribution made sense to me, given that the vast majority of the Net Centric Diplomacy Cables were not classified.

              "The more I read the cables, the more I came to the conclusion that this was the type of information that should become public. I once read and used a quote on open diplomacy written after the First World War and how the world would be a better place if states would avoid making secret pacts and deals with and against each other.

              "I thought these cables were a prime example of a need for a more open diplomacy. Given all of the Department of State cables that I read, the fact that most of the cables were unclassified, and that all the cables have a SIPDIS caption.

              "I believe that the public release of these cables would not damage the United States, however, I did believe that the cables might be embarrassing, since they represented very honest opinions and statements behind the backs of other nations and organizations."

      http://www.theguardian.com/commentisfree/2013/mar/12/bradley-manning-tapes-own-words

      --
      What changed under Obama? Nothing Good
    8. Re:ramifications by Agent0013 · · Score: 1

      I see one very large problem with applying "Aiding the Enemy" to this release when he wasn't directly giving the information to any enemies. When someone in the government releases a redacted document with those stupid black boxes covering the text that don't even stop you from copy-pasting the text to see what it is, they are also "Aiding the Enemy". So let's start applying that law back on the higher up government and military people who release this stuff. :-/

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  5. Not surprising by cold+fjord · · Score: 3, Insightful

    There wasn't much question of what he had done - he admitted to a number of charges as it was. At the moment he could be facing up to 130 years in prison minus ~200 days from part of his pretrial confinement found to be excessive

    Snowden would probably be looking at a similar outcome.

    Hard to say what, if any, impact this could possibly have on any charges that might be filed involving Assange.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    1. Re:Not surprising by Aryden · · Score: 3, Informative

      no, snowden is a civilian and thus not subject to the UCMJ.

    2. Re:Not surprising by tnk1 · · Score: 1

      Assange is a foreign national and not a member of the US military. He will almost certainly get off less harshly than Manning, assuming he is ever brought to trial in the US, that is. Like Manning, I expect the worst case is probably 10 years under the Espionage Act. Manning may get more, but I am almost certain Assange would not.

    3. Re:Not surprising by CrimsonAvenger · · Score: 1

      Hard to say what, if any, impact this could possibly have on any charges that might be filed involving Assange.

      This is irrelevant to Assange. Assange RECEIVED secret/TS documents, which is, in and of itself, perfectly legal (no, YOU can't go to jail because your girlfriend/brother/whatever tells you something classified).

      Publishing what he got is also legal (see Watergate for reference).

      Alas, Mr. Assange didn't really do anything wrong under US law, and isn't being pursued by US LEOs, much as he'd like to believe so.

      Oh, and pay no attention to what the assorted Congresscritters say about Assange/Wikileaks - it's just political posturing, and utterly irrelevant to a Judge.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:Not surprising by cold+fjord · · Score: 2

      I never wrote anything about Snowden being subject to the UCMJ.

      Snowden, like Manning, is likely to face charges for espionage, theft, and computer fraud. You do know that civilians can be charged with that, right? No UCMJ required.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    5. Re:Not surprising by whoever57 · · Score: 4, Insightful

      Assange is a foreign national and not a member of the US military.

      In other words, he owes no duty to the USA. He has no allegiance to the USA. His actions did not take place on US soil. He did not gather the documents from the USA. He did not violate the confidentiality of the documents (confidentiality was broken by Manning). There is no connection between his actions and the USA.

      He will almost certainly get off less harshly than Manning,

      IMHO, Assange should not face any charges.

      --
      The real "Libtards" are the Libertarians!
    6. Re:Not surprising by icebike · · Score: 1

      Snowden would probably be looking at a similar outcome.

      Except Snowden is still holding a deadman's switch. He has encrypted and distributed much greater and more damaging information.

      He is effectively being bottled up in Russia and told to shut up by Putin himself. What US secrets and concessions did this Administration have to offer the Russians in exchange for that? It won't come out until the party in power leaves office. I predict Snowden will never see South America, because the Russians can contain him far more effectively.

      --
      Sig Battery depleted. Reverting to safe mode.
    7. Re:Not surprising by Aryden · · Score: 1

      Different penalties depending on the court being charged in. As well as different requirements for a conviction between a civilian court an a military court.

    8. Re:Not surprising by cold+fjord · · Score: 1

      The penalties are established in law, not by the court. The burden of proof for conviction are essentially the same for a civilian criminal court and a military general court martial: proof of guilt beyond a reasonable doubt. When it comes to sentencing there is a significant advantage to being tried in a military court - the military apparently still doesn't have sentencing guidelines that establish mandatory minimum sentences for conviction.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    9. Re:Not surprising by cold+fjord · · Score: 1, Insightful

      Assange very likely engaged in a conspiracy with Manning to obtain classified documents. That may be punishable.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    10. Re:Not surprising by dywolf · · Score: 1, Informative

      Conspiracy and Espionage.
      Both very clearly defined, and very illegal, throughout the entirety of the western world.
      Espionage in particular has no "border limitation."

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    11. Re:Not surprising by Wookact · · Score: 4, Insightful

      Why exactly would US laws apply to someone that was not in the US, and not a US citizen.

      Does Sharia law apply to people not living in a Muslim country?

    12. Re:Not surprising by Impy+the+Impiuos+Imp · · Score: 2

      "Yes I'll publish it. See what else you can get."

      Is that a conspiracy? Can't be -- that's the press in action. Now paying or bribing is a different story, but I've never heard that being claimed.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    13. Re:Not surprising by purpledinoz · · Score: 1

      Too bad the Feds aren't going after the real criminals on Wall Street.

    14. Re:Not surprising by Impy+the+Impiuos+Imp · · Score: 1

      The First Amendment clears the motivation of press. It also clears it via speech.

      Were these guys trying to get the info out in the open, or to feed it to the bad guys? As it went out in the open, the Constitution has spoken. All that's left is the crime of breaching the law you agreed to, which applies only to Manning.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    15. Re:Not surprising by CanHasDIY · · Score: 1

      What US secrets and concessions did this Administration have to offer the Russians in exchange for that? It won't come out until the party in power leaves office.

      Shit, longer than that - they've reclassified the JFK assassination documents, what, 3 or 4 times now?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    16. Re:Not surprising by Firethorn · · Score: 1

      What US secrets and concessions did this Administration have to offer the Russians in exchange for that?

      Probably a promise to do the same for any Russian operatives who do the reverse. One hand washing the other and all that...

      A lot of nations are heavily invested in the status quo - unsolicited releases like Manning/Snowden is disruptive and thus not wanted.

      --
      I don't read AC A human right
    17. Re:Not surprising by cold+fjord · · Score: 1

      The concept you are looking for is called "extraterritorial jurisdiction."

      You may recall that hackers from around the world attacking the US are potentially subject to prosecution in the US for their crime? Same basic idea, just a different crime.

      Extraterritorial Issues

      Extraterritorial jurisdiction simply relates to the authority of a government to criminalize activity that occurs outside its territorial borders, or to investigate or prosecute such activity. The exercise of extraterritorial jurisdiction by one state with respect to criminal activity necessarily encroaches, in some measure, upon the sovereignty of the nation where the offense occurred. Under customary international law, there are five generally recognized principles upon which a country can permissibly assert extraterritorial jurisdiction. See United States v. Yousef, 327 F.3d 56, 91-92 (2d Cir. 2003). The jurisdictional bases include the following.

      - The objective territorial principle—where the offense occurs in one country but has effects in another, for example, killing someone by shooting across an international border.
      - The nationality principle—the offender is a citizen of the prosecuting state.
      - The protective principle—the offense offends the vital interests of the prosecuting state, such as counterfeiting that nation's currency.
      - The passive personality principle—the victim is a citizen of the prosecuting state.
      - The universality principle—the offense, such as piracy, is universally condemned by the international community, sometimes in a multinational convention or treaty to which the United States is a signatory.

      If Assange engaged in an active conspiracy with Manning to obtain classified documents, it might be grounds for a conspiracy charge. There are nuances around this issue. It might be possible, it might not. Only a lawyer that practices in this area is likely to really know.

      Many are enthusiastic about extraterritorial or universal jurisdiction when the possibility of prosecuting Dick Cheney is raised, but that enthusiasm tends to wane when the prospect of the US prosecuting Assange comes up.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    18. Re:Not surprising by mendax · · Score: 1

      Depends upon the religious wackos who have established sharia law.

      --
      It's really quite a simple choice: Life, Death, or Los Angeles.
    19. Re:Not surprising by Aryden · · Score: 1
      Penalties are established by law for the civilian world, they are established by the UCMJ for the military.

      The burden of proof is on the prosecution in both instances, however, that which constitutes proof varies between the two.

      Minimum sentencing guidelines aside, the military generally has harsher penalties for crimes than the civilian world. See rape: UCMJ Article 120

      Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.

    20. Re:Not surprising by magic+maverick+ · · Score: 1

      (I tried to post about 12 hours ago (or just after the parent post was posted, whichever is later), but it didn't post. I post it now even though I'm not as angry as I was.)

      Maybe he plead because he hoped to get a lighter sentence? You know, like all those folk who take plea "bargains", despite not being guilty, because they are facing 1000 years in prison.

      The fact that the prosecutors decided to continue to try and get him convicted of all these other charges doesn't mean that this wasn't his thought process.

      The man's a hero if he released the documents.

      Seriously, fuck America, fuck all you Americunts, and fuck your support for totalitarianism and hypocrisy. Oh, yeah, you Americunts supported all these dictatorships in the Arabic world, and if it weren't for Manning, there would still be Mubarak in power in Egypt today.

      And if Manning didn't release the documents (which I still contend is perfectly possible, the military just wanted a scapegoat, any one would do), then the USA is worse than I thought. Which would be pretty hard, considering I think it's basically one of the world's worse countries in so many ways. Yeah, some countries are worse in some ways. But mostly they don't export it. Only you Americunts export your shit so much.

      --
      HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
    21. Re:Not surprising by Eskarel · · Score: 1

      Well, he should probably face his sexual assault charges in Sweden, at least IMO, but as far as the US government is concerned, unless they have evidence of wrong doing we don't, it's extremely unlikely they'd get any conviction at all in a civilian court and even less likely they'd get one which would stand up on appeal. He's certainly pissed some people off, but given it would be astronomically embarrassing to drag him over to the US and then lose, I doubt anyone is even seriously considering it.

      Not to mention the fact that if he were actually facing charges in the US the Australian government would actually become more seriously involved. For sexual assault he gets the same as any other Australian which isn't really all that much as the government doesn't give a flying fuck about saving people from sexual assault charges.

    22. Re:Not surprising by whoever57 · · Score: 1

      So, no, the connection is well established and the concept of extraterritorial jurisdiction for espionage is well established. The only question is whether a court considers the result or motivations to be either insufficient harm, or there is some First Amendment situation. Either way, I assure you, there is no court that would not at least accept the case to be heard on the merits.

      If it is so clear cut, please explain why he has not been indicted by the US?

      --
      The real "Libtards" are the Libertarians!
    23. Re:Not surprising by david_thornley · · Score: 1

      Assuming you're a US citizen, take a rifle to the Canadian or Mexican border, and shoot somebody across the border. You haven't committed murder in the US, but you are going to be extradited to face Canadian or Mexican charges. When you do things that have serious consequences in another country, that country may legally come after you.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    24. Re:Not surprising by tnk1 · · Score: 1

      The fact that someone has not taken an action, in no way implies that the action is illicit or immoral.

      And if you want a good reason they wouldn't: Two words: Political considerations.

      They may be waiting until something happens with Assange being in the embassy on UK soil. While the US has not filed charges, there's nothing more than paranoia to the claim he'll be extradited to the US. After all, there are not (yet) any charges to be be extradited for. As soon as that happens, then there is fuel on that fire.

      Also, the Obama Administration may simply not like the idea of charging him and decide simply not to. They will make noise about it to appeal to the outraged, and then not do it and let it blow over. That still is no judgement on whether they *could* do it.

    25. Re:Not surprising by tnk1 · · Score: 1

      And by extradited, I mean extradited from Sweden to the US. Right now, he's hiding in the UK from Swedish justice, not US justice.

    26. Re:Not surprising by Wookact · · Score: 1

      That is against the law in both countries.

      What if you went to the North Korea border and released balloons with propaganda on them to float over the border and drop leaflets.

      Should the North Koreans be allowed to extradite you and put you in a reeducation camp? What about your family, they often punish the family as well.

    27. Re:Not surprising by david_thornley · · Score: 1

      Sure, murder is illegal both in the US and in Canada. You'll find that espionage is against the law in a similarly broad manner. If you're an Australian citizen in the UK, performing espionage (remotely) in the US, and it's also illegal in the UK, why is this any different from my murder example?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    28. Re:Not surprising by Wookact · · Score: 1

      Dropping flyers is espionage? Espionage is spying, it is retrieving information.

      espionage (sp--näzh, -nj) n.
      The act or practice of spying or of using spies to obtain secret information, as about another government or a business competitor.

      You really need to examine your logic. You have serious flaws in it.

  6. I wonder what the charge was by Anonymous Coward · · Score: 3, Insightful

    For those that lied to Congress (Clapper & Alexander)?

  7. Same system as the Mafia... by gweihir · · Score: 5, Insightful

    Talk to anybody outside, get tortured and killed. They have not quite figured out how to implement that time-tested approach fully, but torture they already do. If "by their methods you shall recognize them" has any truth to it, this makes the nature of the current US administration quite clear.

    Seriously, if what you do is to horrible and repulsive that people inside your organization are willing to risk considerable punishment to leak them, then maybe the things you are doing are wrong and you need to stop?

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Same system as the Mafia... by Anonymous Coward · · Score: 1

      The government is way better than the mafia. When was the last time you heard of the mafia creating new rules to protect whistleblowers, like Obama has done?

  8. He'll still die in Jail by Anonymous Coward · · Score: 1

    The 'powers that be' decided that a long time ago. They want to use him as an example so that no one else even thinks about whistleblowing in the future.

    I fully expect him to get 100 yeas without parole, i.e. the maximum on each count and the sentence to run consequitively.

    1. Re:He'll still die in Jail by crashcy · · Score: 5, Funny

      I hate consequitively run sentences. It's unethiquical.

    2. Re:He'll still die in Jail by steelfood · · Score: 1

      Running consequitively sounds like cruel and unusual punishment.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  9. Befehl ist Befehl by marcovje · · Score: 5, Insightful

    If I look at this case, it returns to the old Prussian adage "Befehl ist Befehl".

    If you break the rules, you will be severely punished, and there is no excuse. No own responsibility, no greater good, just do what you are told, no matter what.

    I don't think I have to explain you what that can lead to......

    1. Re:Befehl ist Befehl by k6mfw · · Score: 1

      If you break the rules, you will be severely punished, and there is no excuse.

      does this include black people breaking laws that say they have to sit in the back of the bus, use "colored" and not "white" bathrooms? Some rules are meant to be broken.

      --
      mfwright@batnet.com
    2. Re:Befehl ist Befehl by steelfood · · Score: 2

      If you break the rules, you will be severely punished, and there is no excuse.

      Sometimes, it's worth it. It all depends on who is breaking the rules, which rule is being broken, the reasons behind breaking the rules, and the punishment. Early Christianity is filled with accounts of martyrdom. It continues today in Islam.

      In fact, the U.S. was founded on breaking the rules. And the punishment for those rules broken wasn't going to be torture and some jail time. It was going to be torture followed closely by death.

      Remember that Nathan Hale was hung. Thoreau went to jail for his act of civil disobedience. Socrates took his poison even when his jailer offered him escape. Punishment is a necessary part of civil disobedience. It magnifies the injustice (though it is arguable whether Thoreau was jailed justly or not) and gives significance to the act itself. Nothing risked is nothing gained.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    3. Re:Befehl ist Befehl by SleazyRidr · · Score: 2

      For those of you you missed the point: "Befehl ist Befehl" translates to "Orders are orders" and the area previously occupied by the nation of Prussia is now principally occupied by Germany. Further reading can be found here: en.wikipedia.org/wiki/Godwin's_law

    4. Re:Befehl ist Befehl by spottedkangaroo · · Score: 1

      Thoreau

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    5. Re:Befehl ist Befehl by marcovje · · Score: 2

      The Wehrmacht and the SS also were military. Yet they were (and IMHO rightly so) convicted by the Neurenburg trials for this attitude.
      So I think my analogy was appropriate .

    6. Re:Befehl ist Befehl by marcovje · · Score: 1

      Hmm, that could be understood wrong. I'm not saying the US military is like the SS.

      I'm just saying that cases like this, and situations like Guantanamo Bay are sawing on the pillars of safety measures that were meant to avoid WW-II excesses to ever happen again. I think that is a wrong signal to send.

    7. Re:Befehl ist Befehl by 0111+1110 · · Score: 1

      You're not supposed to get away with civil disobedience

      So technically Manning was not engaged in civil disobedience. Call it "principled disobedience" if it makes you feel better. There is nothing noble about welcoming an unjust punishment. People like you try to make it sound like you cannot do a good deed unless you are dead or spending the rest of your life in prison at the end of it. That's just silly.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    8. Re:Befehl ist Befehl by LordNacho · · Score: 1

      And how are we to push for change, if everyone who can reveal it is threatened with eternal solitary confinement?

    9. Re:Befehl ist Befehl by mendax · · Score: 1

      Uh, well, sort of. I think the majority of what was Prussia I think is occupied by Poland and Russia. The Germans living in these areas either fled the mass rape, murder, and pillage of the Red Army or, if they had the balls to stay, were forcibly expelled to Germany in an earlier version of ethnic cleansing after the war ended.

      --
      It's really quite a simple choice: Life, Death, or Los Angeles.
    10. Re:Befehl ist Befehl by mjwx · · Score: 1

      The Wehrmacht and the SS also were military.

      A bit of a simplification here.

      The SS weren't strictly military, the SS had a military arm, the Waffen SS but the SS in general was largely a political organisation. The SS infiltrated everything from the military and police to universities, radio, theatre and the arts to science and espionage to make sure it was all in line with Nazi ideals.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  10. Punitive justice by sl4shd0rk · · Score: 5, Insightful

    When does the US military go on trial for the exposed war crimes?

    --
    Join the Slashcott! Feb 10 thru Feb 17!
    1. Re:Punitive justice by csumpi · · Score: 5, Funny

      Which ones? Like killing people with drones? You don't go to trial for stuff like that, you get the Nobel Prize for Peace.

    2. Re:Punitive justice by dywolf · · Score: 1

      Maybe whent hey actually committ them.
      Til then you're barking up the bulls-- tree.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  11. My suggestion to the Nobel committee by photonic · · Score: 1, Troll

    Award this year's peace-prize jointly to Manning and Snowden! Guaranteed to piss of the US big time and make the rest of the world smile. And we will forgive you for ever awarding it to Obama and Gore ...

    --
    karma police: arrest this man, he talks in maths; he buzzes like a fridge, he's like a detuned radio. [radiohead]
    1. Re:My suggestion to the Nobel committee by pr0fessor · · Score: 2

      I was really surprised about Obama getting the peace prize... wasn't Linus Torvalds nominated at some point? I think he is more deserving.

  12. Great infographic by barlevg · · Score: 5, Informative

    Breaking down the verdict by charge, plea and ruling: http://www.washingtonpost.com/wp-srv/special/national/manning-verdict/

  13. Incredible by Anonymous Coward · · Score: 5, Insightful

    A man alerts you to how you're being ripped off by the people who claim to be working for you, and you take the side of the people ripping you off.

    It's amazing how powerful the appeal to coercive authority can be. Nobody would ever knowingly accept being ripped off by a private party. In the private sector, breach of contract results in serious conseqences. Yet somehow, coercive authority gets a free pass. This is a perfect example of how indoctrination works.

    1. Re:Incredible by Anonymous Coward · · Score: 5, Informative

      You haven't reviewed any of the material, have you.

      You probably haven't even looked at the video they deliberately mislabeled "collateral murder". (which, by the way, is almost certainly clearer for you on your computer than the pilot had on their little 4" screen in the apache)

      When that video came out I contacted a guy I know who happens to be an Apache pilot (but who wasn't in Iraq at that time). He quickly pointed out that it was missing a bunch of context because at that time the insurgents had been trying to score an apache kill, so the army was holding apaches back unless there was confirmed need for them (i.e. the ground troops were already engaged with the enemy). So the BS story that there weren't any insurgents around doesn't fly. And for the reporter whose died because his lens looked like an RPG, and he moved like a guy carrying an RPG, he agreeed that it's unfortunate but said with knowledge of what was happening and what the screen showed, he'd have pulled the trigger too.

    2. Re:Incredible by stewsters · · Score: 4, Insightful

      For me it wasn't that they were shooting at samaritans who were trying to help the wounded, its that they were covering it up after it happened.

      Which is what this whole thing is about. A democracy needs to know how the people it voted into office are doing. If the government makes it all top secret and you can only see videos of the candidates hugging puppies, then how do you know you voted correctly? How will you vote for the best candidate if performance is hidden by journalists to afraid to tell the truth?

    3. Re:Incredible by 0111+1110 · · Score: 4, Insightful

      You probably haven't even looked at the video they deliberately mislabeled "collateral murder". (which, by the way, is almost certainly clearer for you on your computer than the pilot had on their little 4" screen in the apache)

      It sounds to me like you are the one who hasn't looked at the video. Try watching it again. The long version. And notice how the helicopter pilot fires on unarmed innocent people including children who clearly are not carrying any weapons. It is true that there was a guy with a camera. And no it didn't look like a rocket launcher. And there were a couple of guys some distance away from the main group who were carrying what may have been rifles, probably guards to try to protect the rest of the people in a war zone.

      But that does not excuse a cold blooded massacre of unarmed civilians including children. They were even cheering and celebrating as they machine gunned innocent children. If they weren't sure they could have moved closer and waited to see if the two guys with rifles fired at them. Or at least picked up their rifles (assuming they actually were rifles) to aim at them.

      That video is probably the most disgusting thing I have ever watched. It is almost impossible for me to watch the whole thing in fact. I just get too angry. Those guys should be executed. I would happily do it myself. Not only have they not been reprimanded. Their names haven't even been released. That is just wrong. Very, very wrong. They committed serious war crimes. As clear cut as any war crimes. Those particular guys were truly no better than Nazis, and I say this as a jew with ancestors in Poland.

      I suppose I was naive, but I never really believed that our military behaved like that. Like vicious animals killing with enjoyment and laughing about it. Showing no honor or mercy even to children. And that is the importance of this video and in my view what really makes Manning a hero. That video needed to be released. Manning has given his life to get that video, among other things, out into the open.

      I can tell you one thing. After watching that video it will be a cold day in hell before I ever approve of us going to war for any reason except to directly defend ourselves here on US territory. Between that video and the revelation of what was going on at Abu Ghraib we have shown that we cannot fight with honor. We cannot be trusted to fight a war without senseless massacres and god only knows what kind of sick war crimes. We truly are just as bad or even worse than what even the most anti-American critics have always claimed.

      He quickly pointed out that it was missing a bunch of context because at that time the insurgents had been trying to score an apache kill, so the army was holding apaches back unless there was confirmed need for them

      In what possible way is that supposed to excuse a massacre of mostly unarmed civilians? Those were not insurgents. They shot at least one child and two guys from Reuters. This was a clear case of massacre an entire crowd of people first. Ask questions later. This is a crime of coward chicken-hawk murderers too afraid to get close enough to their victims to confirm that they really are enemies actively engaging in combat with them. Those are some evil fucks.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:Incredible by CanHasDIY · · Score: 1

      You probably haven't even looked at the video they deliberately mislabeled "collateral murder". (which, by the way, is almost certainly clearer for you on your computer than the pilot had on their little 4" screen in the apache)

      Wow; this has to be the first time I've ever seen someone try to excused fucked-up behavior with the excuse, "well, you could see more detail in the Youtube video than the people who were actually there when it happened!"

      Ho. Lee. Fuck. Man.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Incredible by loshwomp · · Score: 3, Informative

      They shot at least one child [...]

      Just to add a bit to this, the verb "shot" is scarcely appropriate, because the 30mm shells the Apache fired are more like HE grenades than bullets (in both scale and effect). Totally disgusting.

    6. Re:Incredible by Motard · · Score: 1

      Try to post a screen gab that shows children in the helicopter footage. You won't be able to because the children were inside a van. Therefore, you clearly are remembering things that are not there.

      "Even the comedian Stephen Colbert, in an interview with Assange, dropped his rightwing-blowhard persona momentarily to make a serious point, calling the edited version 'emotional manipulation'".

      Indeed.

    7. Re:Incredible by Motard · · Score: 1

      To explain is not to excuse. Don't read more into people's comments than is there.

    8. Re:Incredible by LordLimecat · · Score: 1

      In what possible way is that supposed to excuse a massacre of mostly unarmed civilians?

      From https://en.wikipedia.org/wiki/July_12,_2007_Baghdad_airstrike> Wikipedia
      In the first strike "Crazyhorse 1/8" and "Crazyhorse 1/9" directed 30mm cannon fire at a group of nine to eleven[8][9] men, of whom one had an AK-47 and another an RPG-7;[10][11][12][13]

      mostly unarmed civilians?

      I see what you did there. They were MOSTLY unarmed. A helicopter was called to an area while a firefight is going on in the vicinity, they see a guy with an RPG, and theyre supposed to go "yea theyre mostly unarmed". Makes sense to me.

    9. Re:Incredible by CanHasDIY · · Score: 1

      To explain is not to excuse. Don't read more into people's comments than is there.

      (which, by the way, is almost certainly clearer for you on your computer than the pilot had on their little 4" screen in the apache)

      Not reading anything that's not already there; how the hell does one pilot a $20 million dollar aircraft with only a single 4" monitor, anyway? Don't those things have windows?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    10. Re:Incredible by Motard · · Score: 1

      I can't comment on the capability of their optical sensors, but regarding the windows, how well do you see details when they're 8 football fields away?

    11. Re:Incredible by gweihir · · Score: 1

      I think it is some sort of Stockholm Syndrome what this AC exhibits.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    12. Re:Incredible by 0111+1110 · · Score: 2

      There may have been two guys with rifles who were not aiming them. They were away from the main group that they slaughtered. If they had to murder someone without provocation out of pure fear and cowardice then they could have just aimed for those two. Or better yet acted like actual human being and try to take them prisoner instead of kill them.

      As far as the RPG there was no RPG and there was no firefight in the area until they started massacring civilians at least. If they were so far away that they could not tell the difference between a camera and an RPG then they should have moved closer until they could make a positive ID on it. Instead they just decided to murder everyone in the area.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    13. Re:Incredible by 0111+1110 · · Score: 3, Informative

      Try to post a screen gab that shows children in the helicopter footage.

      If you watch the short version they are labeled on screen. If you watch the long version the little girl / first child is mentioned at 13:29, 17:20, and 18:18 where they finally seem to realize that the little girl who was shot in the stomach was not the only wounded child. They explicitly mention that there were two wounded children at 27:38. The second child can be seen being carried to an APC by a soldier at 23:10 of the long version. The first child / little girl is only seen briefly when she is carried from the van full of bodies, but she is on the video.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    14. Re:Incredible by 0111+1110 · · Score: 3, Insightful

      Maybe that should have been a clue for them to move closer before simply firing machine guns into a small crowd who were not firing at them. Those guys should be known as the Butchers of Baghdad.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    15. Re:Incredible by mjwx · · Score: 1

      A man alerts you to how you're being ripped off by the people who claim to be working for you, and you take the side of the people ripping you off.

      Try explaining to an Apple fanboy how much Apple rips them off.

      The fanboy will turn around and defend what has been done to them. They do this because they cant stand to have two conflicting ideas in their head (1. Apple is the best thing ever and nothing bad can be said, 2. Apple are abusing them), this is commonly known as cognitive dissonance, the idea that they like the least must be expunged.

      People in general are not logical or reasonable. Especially when the beliefs they like to hold are challenged.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    16. Re:Incredible by LordLimecat · · Score: 1

      As far as the RPG there was no RPG and there was no firefight in the area until they started massacring civilians at least

      The sources I have disagree:

      From being in the perspective of the Apache helicopter crew, I can see where a group of men gathering, when there’s a firefight just a few blocks away, which I was involved in, and they’re carrying weapons, one of which is an RPG

      --Soldier who arrived after the fight

      In fact, after calling Robert Gates a liar regarding the firefight, Assange himself admitted to having classified reports of small arms fire immediately prior to this incident:

      "we have classified records to show that all there was... was a report of small arms fire," Assange said. "28 minutes later, after circling around the suburbs of Baghdad, the helicopters identified these men and killed them."

      For the RPG, I would direct you to that wikipedia article, second paragraph; there are 4 citations for the weapons found.

      Or better yet acted like actual human being and try to take them prisoner instead of kill them.

      From a helicopter, vs a supposed enemy who is not in the habit of surrendering but rather detonating suicide bombs when US forces close in. Right.

      As much as you may want to make this into another Mai Lai, its not. Even Stephen Colbert-- not one you would expect to defend the military against wikileaks-- offered this fairly spot-on assessment:

      The army described this as a group that gave resistance at the time, that doesn’t seem to be happening. But there are armed men in the group, they did find a rocket propelled grenade among the group, the Reuters photographers who were regrettably killed, were not identifiedYou have edited this tape, and you have given it a title called ‘collateral murder.’ That’s not leaking, that’s a pure editorial.

  14. Re:Should have been convicted on all counts by TWiTfan · · Score: 5, Insightful

    If the reporters for the Washington Post and New York Times whom he initially approached had done their fucking jobs, he would never have went to WikiLeaks. The reason he had to release the whole cache is because no journalist gatekeeper would take him seriously (the way Glenn Greenwald did with Snowden).

    --
    The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
  15. Espionage vs. Journalism by EmagGeek · · Score: 3, Insightful

    Sorry, but stealing classified information and disseminating it to the public is not "investigative journalism."

    1. Re:Espionage vs. Journalism by Motard · · Score: 1

      Actually, I think he left a message at two newspapers and then got impatient and sent it to Wikileaks. It doesn't appear that he had the attention span to properly figure out how leak the info. Or to look through it all to decide what to leak. Or to thoughtfully consider the context of the airstrike video.

      I hope this isn't a general symptom of our younger people. Too many jump to bizarre conclusions such as the USA is as democratic as the DDR. But with Snowden applying for asylum in Russia, it does seem that this generation has no appreciation of the differences and are lacking the attention spans to truly think matters through.

    2. Re:Espionage vs. Journalism by DeadCatX2 · · Score: 1

      Seems like you didn't have the attention span to investigate what he actually leaked. Mr. Manning only released cables that were designated SIPDIS, i.e. already labeled for wide distribution. Nothing - not a single thing - was Top Secret.

      I would ask what evidence you have that he "got impatient", but I doubt you have any.

      --
      :(){ :|:& };:
    3. Re:Espionage vs. Journalism by CanHasDIY · · Score: 1

      It doesn't appear that he had the attention span to properly figure out how leak the info.

      Hmm, did not know there was an official methodology for how to "properly" point out criminal activities perpetuated by government entities.

      Are these guidelines publicly available, or are you full of shit?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    4. Re:Espionage vs. Journalism by Motard · · Score: 1

      Did I say anything about an official methodology? Um, no. It appears that you're seeing things that are not there.

      Leaking happens all the time without people getting caught. Journalists have often gone to jail to protect their sources.

    5. Re:Espionage vs. Journalism by Motard · · Score: 1

      I don't even know what you're talking about. Not only did I not mention anything being 'Top Secret', I didn't even characterize what he leaked. You must've been waiting to make that Top Secret point, but pulled the trigger in the wrong place.

  16. Ironic..... by houbou · · Score: 3, Interesting

    I remember a movie with Keanu Reeves where he was transporting data using his brain "Johnny Mnemonic".. something about government/big pharma not wanting certain 'cure' information to be leaked and in the end, it was the underground hackers who risked their lives getting the info to all citizens. Seems to me like we are heading up that way... Ironic that certain movies from the 80s and 90s were able to predict scenarios such as theses.

    1. Re:Ironic..... by Graydyn+Young · · Score: 1

      There's a reason that movie has some clever insight... It was based on a novel by William Gibson.

    2. Re:Ironic..... by sconeu · · Score: 1

      The movie sucked. The short story simply said he had some Yakuza data. Never specified what it was... it was irrelevant to the story line.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:Ironic..... by Em+Adespoton · · Score: 1

      I remember a movie with Keanu Reeves where he was transporting data using his brain "Johnny Mnemonic".. something about government/big pharma not wanting certain 'cure' information to be leaked and in the end, it was the underground hackers who risked their lives getting the info to all citizens. Seems to me like we are heading up that way... Ironic that certain movies from the 80s and 90s were able to predict scenarios such as theses.

      I'd bet that most policy makers in the US today watched those movies... so I don't think "irony" is the word you're looking for.

    4. Re:Ironic..... by greg1104 · · Score: 1

      Every time I read about Detroit it seems more Robocop.

    5. Re:Ironic..... by Cederic · · Score: 1

      No, he's not an idiot. In the short story the only thing Johnny knew was that someone else had put data stolen from the Yakuza into his head and that they wanted him dead to prevent its dissemination.

      The whole pharma plot was in the film and not in the short story.

      And yes, the movie sucked. The short story rocks. The first novel set in that world is possibly the finest book ever written.

  17. What's The Point? by Jane+Q.+Public · · Score: 2

    What is the point of convicting him of "espionage", if he wasn't "aiding the enemy"? I understand that those laws may cover different acts, but isn't that against the whole spirit of those laws in the first place?

    Just asking.

    1. Re:What's The Point? by crashcy · · Score: 1

      Espionage is basically hindering the government/military operations. Aiding the enemy is helping the enemy's operations. Yes, there is overlap, in that hindering military operations may help the enemy's operations, but it isn't completely cut and dry. Personally, I mostly agree with this verdict. Manning's actions were clearly espionage, and he confessed to the leaks, but I don't think he intended it as aid to America's enemies, nor can you definitively say that it resulted in such, unless an enemy's mission statement is just embarrassing America. Whether the U.S. government deserved it or not is a different debate.

  18. Investigating the 1st Admendment? by LifesABeach · · Score: 1

    Pfc. B. Manning is the issue, not the U.S.Constitution. The government can investigate till the second comming, and it would not change the 1st Admendment. Of course, if one is NOT a U.S.Citizen News Person; the rules change. From a personal view point, I think the military is more than a little pissed at having to be lawful, in the light of day.

  19. Why is every media outlet skewing the verdict? by GodfatherofSoul · · Score: 1

    All I see everywhere is "NOT GUILTY" and in the fine print "except for the other charges which include the death penalty."

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  20. "Not Guilty" - Straw man by hazeii · · Score: 1

    In case it wasn't totally, blindingly obvious, the only reason for the "aiding the enemy" charge was so they could "lose" that one - and so have the media report "Bradley Manning not guilty of most serious charge".

    --
    All your ghosts are just false positives.
  21. Re:Should have been convicted on all counts by 0111+1110 · · Score: 3, Informative

    He had no business leaking what he did.

    Yes he did

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  22. This all sounds slightly familiar... by Roger+W+Moore · · Score: 5, Funny

    In 2013 a crack intelligence operative was sent to prison by a military court for a crime he didn't commit. This man promptly escaped from a maximum security stockade to the Los Angeles underground. Today, still wanted by the government, he survives as a soldier of fortune. If you have something you need leaked, if no one else can help, and if you can find him, maybe you can hire: THE B-TEAM.

    I'm sure Julian Assange could do double duty as 'Face' and 'Howling mad Murdoch' ;-)

  23. Manning's chat logs show the difference by globaljustin · · Score: 1

    I'm thinking 5-10 years.

    I hope he gets 'time served' which is already 4+ years IIRC (could be 3). They kept him naked in a cell for months...it's legal but it's pushing 'cruel and unusual' IMHO...he's suffered enough. Justice is not furthered by keeping him locked up any more.

    Now you mention Assange and GP mentioned Snowden....

    I think the Snowden comparison is more apt. Both had involvement with Assange at some level, it was only as a channel to leak the info.

    What sets Snowden and Manning apart are their methods and the motives behind them. Both were mid-level (at best) functionaries with **high level** access and their conscience dictated they had to act somehow. They're both a bit 'angst-y'...kind of in the 'it's all bullshit' camp.

    The difference is, Manning was gay and being discriminated against by the military. Snowden didn't have a central personal grievance.

    We see that difference play out in how they attempted to release the info. Snowden **could** have leaked anonymously but he didn't, IMHO b/c of malignant narcissism. There's an established way to leak info to the press anonymously and he did it the egotistical way.

    By contrast, Manning tried to release anonymously, but the Wikileaks que for processing raw incoming data was taking too long and he didn't know if his submission was being read (b/c if it had been they should have gotten back with him or released it somehow or something...)...it's all in the Manning/Lamo chat logs

    He only contacted Lamo (who was an informant/operative...he snitched at best) b/c he thought Lamo could get him direct access to Assange.

    I say let Manning out and throw Snowden in his cell.

    That's also what I would think Julian Assange would get if the Federal Government got their hands on him.

    Probably. Maybe less. See, Manning and Assange and Snowden...their leaks harm the US government, but the real enemy is **illegal actors** within the government.

    The CIA is an empty vessel. An organization with a legal purpose. Beuracratic inefficiencies aside, theoretically in a democracy if the people allow and it is legal then it has a right to exist.

    It's when **people** within an org like the CIA use their position for criminal activity...OR when the **leaders** above the CIA as an entity use it as an arm for their **own** illegal activity...same thing...one feeds into the other...

    So it's the Military/Industrial/Illuminati Complex that is, IMHO, working over Assange.

    If oil interests infiltrate a government and use its military (while engaged in legit military actions) to **also** help their business interests by securing a supply chain...and in that course laws are broken, who is to blame???

    For me I can put *some* blame on a system that bueracratically screwed up self-policing it's own policies...but the main share of the blame is not the entity, but the **people** who MAKE THE DECISIONS...

    So Assange's enemy is not, in the end, the US government...it's the people who USE that government to further their own illegal interests.

    Yes, you rightly may point out that the US would arrest Assange immediately if they could. I won't disagree...my point is that **people want leaks** and that includes the **good people** in government.

    There is a way to leak information that **exposes illegal activity** even if it is from the most powerful government in the world, that does not result in the leaker in prison.

    Assange, Manning, and Snowden all should have taken notice from Deep Throat and the leakers of the Pentagon Papers...all of whom enjoyed privacy and long careers.

    --
    Thank you Dave Raggett
    1. Re:Manning's chat logs show the difference by J+Story · · Score: 1

      I agree that anonymity, including anonymity when meeting with journalists, is by far the most prudent course of action. What Manning and Snowden have both done by revealing themselves is shift the news away from the excesses of the American government and on to the leakers.

      For my part, I think that both of them did a great service to Americans, and innocent citizens of other countries who had been unaware of the extent of government overreach. Their motives, as far as I am concerned, are irrelevant.

  24. Convicted of violation of the Espionage Act? by VortexCortex · · Score: 4, Interesting

    Convicted of violation of the Espionage Act? Ah, well then we should revise said act to retroactively apply exemption to actions which do not aide the enemy. For, if they do not aide the enemy, then they aide the ally or no one. Surely we can't be throwing people in jail for helping us?

  25. Proposed solution to these leaks by BringYourOwnBacon · · Score: 3, Interesting

    It seems tragic that the only way to expose the overstepping of the government on human rights is to have lone leakers throw themselves under the bus and expose information, often haphazardly, to the world. There should be a system in place where government employees can appeal anything they consider unconstitutional to a special court for review. It is up to the judicial branch to uphold the constitution and seems utterly ridiculous that these secret overreaches by the executive branch are not eligible to the same checks and balances put in place for public laws.

    I want to see publicly nominated and vetted judges sitting on a board to review classified procedures and actions for their constitutionality. The proceedings can be secret, but the number of cases overturned and left standing should be made public. It may be a pipe dream, but I think this would go a long way to restoring the people's trust in their government by restoring the accountability that was supposed to be there in the first place.

    1. Re:Proposed solution to these leaks by redlemming · · Score: 1

      It seems tragic that the only way to expose the overstepping of the government on human rights is to have lone leakers throw themselves under the bus and expose information, often haphazardly, to the world. There should be a system in place where government employees can appeal anything they consider unconstitutional to a special court for review. It is up to the judicial branch to uphold the constitution and seems utterly ridiculous that these secret overreaches by the executive branch are not eligible to the same checks and balances put in place for public laws.

      The problem is the judicial branch has been aiding and abetting government overreach. This has been the case throughout US history, since the founding. From time to time, it has also worked to limit it. That contradiction, in a nutshell, is the essence of Constitutional Law.

      The worse abuses of the slave system were tolerated by the judicial branch. It took a civil war to end that. The military was segregated by law, and the legal profession accepted that. It took WWII, and a rare president with integrity, to end that. During WWII, Japanese-Americans were put into concentration camps without evidence, trial, or due process, and the legal profession accepted that. It took more than 50 years to (partially) correct that. The civilian "separate-but-not-actually-equal" segregation system in the South was tolerated by the judicial branch. It took a major civil rights movement to end that.

      Today, we have many laws that violate even the explicit text of the 1st and 2nd Amendments, to say nothing of the (many) laws that violate rights arising under the open-ended Amendments (9th and 10th, rights retained by the people, rights reserved to the people).

      We have judges permitting cases to go forward under a broken patent and copyright system. We have judges permitting cases to go forward that abuse fundamental rights in the name of tort law (hence "Land of the Lawsuit"). We have all kinds of aspects of the legal system that can reasonably be supposed to involve ethical conflict of interest on the part of the legal profession (such as the many abuses in the area of Contract Law), and those legal professionals holding judgeships have allowed that to happen.

      In short, both history and current events suggest there isn't much reason to hope for integrity from the judicial branch, or the legal profession.

      This, of course, is why the Anti-Federalists did not trust the Constitution. It is the nature of power to corrupt. The government that governs best, governs least.

      I want to see publicly nominated and vetted judges sitting on a board to review classified procedures and actions for their constitutionality. The proceedings can be secret, but the number of cases overturned and left standing should be made public. It may be a pipe dream, but I think this would go a long way to restoring the people's trust in their government by restoring the accountability that was supposed to be there in the first place.

      The public nomination part is a nice idea. There are some complications, though. At present, when a federal judge (or group of judges) rules in favour of an issue where a violation of fundamental rights is involved, we have to ask ourselves whether the ruling resulted from simple incompetence, stupidity, ethical conflict of interest, a lack of integrity, or possibly more than one of these. One presumes judges can be influenced to make particular rulings by secret promises for support to higher office. Thus, even public nomination has limited value in getting competent judges with integrity.

      The idea of having secret proceedings is a tricky issue. Certainly in some situations privacy rights will be an issue. However, look up the history of the "Star Chamber" to learn about the history of issues with secrecy in legal proceedings.

  26. Re:Should have been convicted on all counts by anagama · · Score: 4, Informative

    He didn't even release the whole cache. Some reporter let slip the password for the encrypted file. http://boingboing.net/2011/08/31/wikileaks-guardian-journalist-negligently-published-password-to-unredacted-cables.html

    --
    What changed under Obama? Nothing Good
  27. All Governments go corrupt by Vince6791 · · Score: 1

    Hypocrisy, so it's okay for the politicians in government to take your data(emails, cloud storage), wiretap your phone calls, etc.. without your permission or even a court order, but, when somebody does it to the government they throw a tantrum. Nobody is supposed to be above the law(constitution) and that's including those in all three branches of government.

    When you rent an apartment, storage unit, garage, etc... law enforcement can't search without a warrant unless they hear someone in distress, and this applies to email, cloud storage, isp data, voiceip, etc... regardless of the companies policies which can't override the constitution. What NSA is doing is grabbing everybody's data and storing it and than they search through it and if they find anything suspicious they get a court order and use it against the suspect. This process is just wrong. The communists(not really commi's more like feudalism) were doing stupid shit like this to their sheeple, well except for the court order.

    This war on terror was complete bullshit from the beginning, 911. I wouldn't be surprised if there are top secret files hidden away somewhere in DC stating how the u.s government started ww1, ww2, korean war, vietnam,etc... using spy's..

  28. Re:Bin Laden compound? by tnk1 · · Score: 1

    You're probably right about OBL, but he was not an "operator". Many terrorist operators are not well trained in counter-intel techniques by the fact that may of them are out of touch with actual formal training. In fact, AQ wants to create a group of self-radicalized, autonomous operators, who will, in turn, have even less experience and ability to counter intelligence techniques.

    Yes, OBL was very savvy, but I would also suggest that he could have simply been extremely paranoid. He was also probably being tipped off by his buddies in the Pakistani ISI who managed to get him that nice little compound in Pakistan. He had considerable resources at his disposal, as well as decades of personal experience. Most terrorist cells will not have that sort of experience or resources at hand.

    Further, OBL didn't *need* the internet to communicate, he had a network of actual flesh and blood humans who were his jihad buddies and allies. Most terrorists in the West are not going to have an entourage. They will make extensive use of the Internet, and the Internet will be a force multiplier for them unless it is also carefully checked by Intelligence agencies.

  29. Jury of his peers by Firethorn · · Score: 1

    Actually, the 'tribunal' part would be his choice. For charges of this seriousness it would be a 'general court martial' where he is indeed guaranteed a jury of his peers if he so chose - other military members being considered his 'peers'.

    --
    I don't read AC A human right
  30. had to think about it... by globaljustin · · Score: 2

    I think that both of them did a great service to Americans....Their motives, as far as I am concerned, are irrelevant.

    I can't disagree here, but I look at it a bit differently I guess since I worked in journalism.

    They don't control what 'the media' does or how it reacts to unfolding events and they can't be expected to be experts at media relations (even if they are narcissists to varying degrees).

    However, 'the media' is definitely part of the military/industrial/illuminati complex...whole companies with vast media holdings are comprimised. Manning/Snowden knew enough to know their info was 'earth shaking'....if they knew that, they should have known they were at risk of getting in with the Adrian Lamos and Glen Greenwald's of the world.

    I should, if I'm consistent, direct some of my personal outrage at Glen Greenwald, the reporter who originated Snowden's leaks for The Guardian. Greenwald and his bosses are snakes for how they handled Snowden.

    if I was Obama, I'd offer Snowden a deal if he could offer evidence of malfeasence on Greenwald or The Guardian in this. They used him and hung him out to dry!

    --
    Thank you Dave Raggett
  31. There's always one by Safety+Cap · · Score: 1

    Someone will always uphold "the rule of law" as something that must be blindly followed and obeyed no matter how immoral or unjustified that law may be. How will they be judged in the future? Like the Fascist POSes they are. (See what I did there?)

    --
    Yeah, right.
  32. Principles are expensive by TapeCutter · · Score: 1
    Punishment for breaking a formal oath is usually much harsher for the same act performed while not under an oath. A person's "word" should be taken seriously and should be punished if broken. Of course blind trust is pure stupidity, but the expectation that an individual should "keep his word" is not. It's called "having principles", but be warned, these so called "principles" are expensive. Snowden and Manning took an oath that (at the time) they believed did not conflict with other strong principles they already held. Ironically the conflicting principles can both be described as patriotic.

    Outside of a court, an oath means nothing

    If there's an independent witness then it's a solid verbal contract in most legal systems around the world. In this case we're talking about the military who have their own oaths, laws, courts, police, judges, and jails. A soldiers "pinky swear" is taken very seriously by that system, especially when it's broken. I've never been a soldier but the fact that you appear to believe a (wo)man's word means nothing outside a court of law indicates the principle of "integrity" is too expensive for your particular personality.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  33. He gave aid and comfort to the wrong enemy by mendax · · Score: 1

    He gave aid and comfort to the enemy but not the enemy the government was thinking of when they tried to hang that charge on him. Based upon what the NSA and some of the other three-letter agencies do, it's obvious that they think we are the enemy, especially now that so many of us are so upset with what they were doing. WE THE PEOPLE are the enemy that he aided.

    On a somewhat more serious note, as to his alleged espionage what enemy did he give information to? The United States is at war with no country. The last declaration of war was issued by the Congress in 1941. So, who is the enemy? Furthermore, how can giving classified material to a foreign national or somehow facilitating its dissemination to a foreign national (in this case embodied by Julian Assange and Wikileaks) be espionage when that foreign national is a citizen of a friendly power (Australia), an ally for nearly a century? Ironically, what Edward Snowden in revealing that the NSA had cracked the Chinese communications system makes him far more guilty of espionage. But even then, we are not at war with China, neither hot nor cold. We have diplomatic relations with them, citizens of both countries are allowed to freely travel to and from both countries with a tourist visa which is easy to get. If we were in a cold war with them like we were with the Soviet Union I might think differently but there are few signs of them.

    I smell an appeal in the works.

    --
    It's really quite a simple choice: Life, Death, or Los Angeles.
  34. Evidence by quadrox · · Score: 1

    First of all, by very definition the act of making someone disappear is something you wouldn't know about. Whether this does or does not happen can only be guessed at by looking at general behaviour of the U.S. Second of all, executing political activists - there is always stuff like the Ruby Ridge incident http://en.wikipedia.org/wiki/Ruby_Ridge. It didn't work out quite like the FBI had intended, but close enough. I am sure that other slashdotters can contribute with additional cases and/or material.

    1. Re:Evidence by cavreader · · Score: 1

      I am sure someone would miss the person disappeared by the government. Unless you believe the government is disappearing people along with all their friends and families"

      "Whether this does or does not happen can only be guessed at by looking at general behavior"
        And here is the main problem. You can't prove the government is actually killing or disappearing people because of their political stances so you generalize and try to justify your statements and opinions using by trying to predict future behavior. And if you need to use the Ruby Ridge incident to support your opinion that the government is killing political dissidents, journalists, and even leakers is weak. The FBI was going after a white supremist

    2. Re:Evidence by quadrox · · Score: 1
      First of all, I am not trying to prove beyond doubt that the US government is doing these things, I am only trying to point out that it is not quite as simple as your previous post suggest (I hope you understand what I am trying to express).

      I am sure someone would miss the person disappeared by the government. Unless you believe the government is disappearing people along with all their friends and families"

      No need for that, of course friends and family will miss the missing person, but what can they do? File a police report? They can't undisappear him. Who would ever know? There is no guarantee that the media would make a big thing out of it.

      "Whether this does or does not happen can only be guessed at by looking at general behavior"

      And here is the main problem. You can't prove the government is actually killing or disappearing people because of their political stances so you generalize and try to justify your statements and opinions using by trying to predict future behavior.

      As I said, I am not trying to prove anything. I am only saying that whether disappearances happen can not be known for certain. You can only make guesses based on e.g. missing person cases and general government behavior. The extreme exception is of course if is a disappearing action somehow goes wrong and becomes public - but that seems unlikely in any case.

      Oh and did I mention gitmo, the lack of due process, the governments ability to hold citizens in prisons indefinitely when they invoke all those nice patrior act laws? All of that doesn't count as disappearing people?

      And if you need to use the Ruby Ridge incident to support your opinion that the government is killing political dissidents, journalists, and even leakers is weak. The FBI was going after a white supremist

      You and I may not like white supremacists, but that does not make it ok to just go out and kill them either. If the government is ready to do that, there is no reason they wouldn't act similarly with other unwanted persons - except perhaps for public perception. But we have all seen how much they care about public perception these days.

    3. Re:Evidence by cavreader · · Score: 1

      The point I was trying to make is that the US does indeed have policies and activities that deserve scrutiny. However the real problems and issues are being drowned out by all the patently false accusations and wild exaggerations leveled against it. From the very beginning Snowden would have received all his rights as a US citizen if taken into custody. Instead he is floating the idea that his life would be in danger if he was remanded into US custody. The high visibility alone would have guaranteed that the US government could not just disappear him or send him to Gitmo. And if the US government was as nefarious as some people think they could have used Snowdens friends family still living in the US as leverage. That's how China handles these types of issues. The last guy the US granted asylum to from China required the US to grant his entire family asylum to ensure their safety which China eventually agreed to.

  35. It's impossible for people to understand by WOOFYGOOFY · · Score: 1

    It's impossible for people to understand that giving themselves unlimited power over situations they are a participant in is a bad thing. No one ever does this; it's like its a beyond-human task or something.

    The people who charged this guy with espionage - and by implication all future reporters- tell themselves they'll be judicious in their prosecutions. Through a strategic failure of imagination , they don't comprehend that the chilling effect this has on reportage and reporter's initiative, not to mention spineless newspaper boards such the Washington Post's. They poo poo away the vitally important and irreplaceable role an oppositional, truth-seeking press plays in keeping civilization going.

    It's a part of the Masters of the Universe syndrome. Give me all power. I'll wield it wisely. I know myself.

    They're delusional, right? They don't acknowledge that the system is more complex than they can imagine and that there has to be a balance of power... leaks to the press about big things have to happen- including and especially the ones THEY THEMSELVES didn't initiate. In this area of reality, this is how a healthy system stays healthy.

    Look at Snowden. Look at Manning. Look at the insane, hyperbolic vitriol launched against them. What does that say to you? It says that the people in the hierarchy don't get when it's time to just do the old look-away. The wrist slap. Time to size up a situation in its totality, within the broadest historical context and thinking and base their own actions on what ought to be the implicit knowledge of a sophisticated analyst of world events and history. Instead they act like little children. They act like someone called them a name on the playground.

    Congress just barely re-upped the Patriot Act section 215 and the NSA is on notice that it's going to be ended if they don't change their act. The author of that specific section has explicitly denied that the NSA is not in violation of it- they are. SO we don't have to have ivory tower discussion about "the intent of Congress". We know.

    What does that tell you? That the people and Congress see Snowden's point. That it was a GOOD THING he did what he did.

    What it does it tell the NSA ? Nothing- they've done nothing wrong and Snowden is a traitor who aided the enemy.

    Prior to this, the NSA was thrashing around looking for an excuse, some legal justification to read the content of everyone's emails all the time and keep them forever. They don't see how this practice could lead to something really systemically sinister in our democracy. This is another part of the Masters of the Universe delusion. They should not be bound by anything, not Congress's intent, not the 4th not anything. Because they're the Good Guys and always will be.

    This is just a total lack of perspective. If you ask national security experts they will tell you that there's nothing we can do to keep from getting hit by WMD; it's inevitable. The reason it's inevitable is the mechanics of offense vs defense. Offensive power in the hands of a determined foe is just too hard to prevent or defend against. Sooner or later, they're going to succeed spectacularly.

    What will REALLY matter when the inevitable happens , what will really make a difference to the survival of the nation and the government is - are we all together or is their underlying mistrust and seething resentment of the government that takes that event as the last straw ?

    The fact that there are (lunatic) 9-11 truthers out there and in no small numbers ought to be a warning shot over the bow of the government. There is widespread distrust of the motives and morality of the people in government, built up over the decades previous by just the kind of shit the NSA and Gonzales and Yoo and all the rest of these sociopaths have engaged in- lying to Congress. Lying to the American people. Manipulating domestic situations to make them seem to be other than they are. Smearing earnest truth tellers as traitors, opportunists, partisans and attention hou

    1. Re:It's impossible for people to understand by WOOFYGOOFY · · Score: 1

      Obviously that should have been they are NOT engaging in espionage....plus, a few instances of phonic typing their->there etc.....