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Conservative Site Argues Profiting from Snowden 'Treason' May Violate Law (judicialwatch.org)

"A federal appellate court has ruled that government employees, such as Snowden, who signed privacy agreements can't profit from disclosing information without first obtaining agency approval," writes the conservative advocacy site Judicial Watch. Slashdot reader schwit1 quotes their article: This would make it illegal to profit from his crimes and the Department of Justice should confiscate all money made by the violators. Snowden is no whistleblower. In fact he violated his secrecy agreement, which means he and his conspirators can't materially profit from his fugitive status, violation of law, aiding and abetting of a crime and providing material support to terrorism.
In addition, they argue that both an upcoming movie about Snowden by Oliver Stone and the 2014 documentary Citizenfour "may be in violation of the Anti-Terrorism Act, which forbids providing material support or resources for acts of international terrorism... It's bad enough that people are profiting from Snowden's treason, but adding salt to the wound, the Obama administration is doing nothing about it. "

26 of 236 comments (clear)

  1. But.... by Anonymous Coward · · Score: 5, Insightful

    This "Conservative site" is also profiting from Snowden with their bullshit click-bait article.

    1. Re: But.... by Anonymous Coward · · Score: 3, Insightful

      So did the 90% of the media, heck Slashdot has ads and is profiting right now. I say lockem all up!

    2. Re:But.... by dgatwood · · Score: 5, Insightful

      This "Conservative site" is also profiting from Snowden with their bulls**t click-bait article.

      That about sums it up. Their analysis is fundamentally flawed. As a general rule, "Son of Sam" laws make it illegal to profit from your own crime. Snowden can't legally sell his movie rights. They don't prevent him from giving those rights away, nor prevent anyone from making a movie about him or profiting from it, so long as those people were not involved in the original crime. Any law that went further than that would almost certainly fail a first-amendment challenge.

      More significantly, those laws apply only after conviction for that crime, or in some cases after a plea bargain. In this case, he hasn't been tried (even in absentia), so those laws don't factor in.

      And that's assuming those laws even pass constitutional muster. Many of these laws have been overturned for unconstitutionality. And because laws can't generally be overturned until someone can show harm from the law, the fact that they haven't been overturned yet does not necessarily mean that the laws are constitutional, because there may not have been anyone with standing to challenge them yet.

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    3. Re:But.... by Anonymous Coward · · Score: 2, Insightful

      Study Soviet History, and you will see many parallels between Stalin's goons and "the conservative advocacy site Judicial Watch". Vile and Unamerican.

    4. Re:But.... by LifesABeach · · Score: 4, Insightful

      Lets see if I understand this. The US government is violating constitutional law. A US citizen tells the US people that this is happening. And the US government says that this bad. US government employees say they can do this unlawfulness because they were ordered to. I guess the defenses and verdicts at Nuremberg were forgotten. If the CIA doesn't know how the folks like the Bin Laden group get their money. Maybe they should get training on something else; because they sure as hell don't know how to do their jobs.

  2. treason by Anonymous Coward · · Score: 5, Insightful

    The current US administration has been caught spying in violation of the constutition. The penalty for treason includes death. I'm not sure why snowden gets brought up when I would like to see the current heads of the FBI and homeland security swinging from the end of a noose as justice demands.

  3. "treason" "terrorism" by Anonymous Coward · · Score: 2, Insightful

    You keep using those words, but I don't think you know what they mean.

    1. Re: "treason" "terrorism" by Anonymous Coward · · Score: 2, Insightful

      unless, of course the US regards journalists as enemies.

      The right wing certainly does.

    2. Re:"treason" "terrorism" by Uberbah · · Score: 5, Insightful

      I think you could at least argue treason

      Only if the facts of what he leaked and why are completely ignored, along with his Oath of Office, the definition of Treason, the 4th Amendment...

      Certainly what he did violated Federal laws.

      Federal laws meant to cover up shredding of our 4th Amendment rights. But hey, we gotta have priorities, like talking about how Snowden must must must face trial, while ignoring the fact that each and every warrantless NSA wiretap is punishable by 5 years in prison and a $10,000 fine.

    3. Re:"treason" "terrorism" by Creepy · · Score: 4, Insightful

      The current government only prosecutes peons and gives themselves exception, so they will never face trial. Hell when the White House itself committed treason a few years back for violating the same law as Snowden (the Espionage Act of 1917) by releasing a CIA agent's name and it was pretty much laughed off as a mistake. Pretty much the same thing happened in Plamegate.

  4. Re:Not a strong enough tie by Calydor · · Score: 4, Insightful

    Y'know what else was treason?

    Back in the late 1700s, there was this infamous gang of subversives calling themselves the Founding Fathers. Oh, the things they did. It ended with bloody revolution.

    Anyone that profits from anything they did back then should have all their assets seized, it is only right. Let's start with all the politicians.

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  5. Re:Not a strong enough tie by Anonymous Coward · · Score: 5, Insightful

    Did Snowden have any choice? He couldn't blow the whistle as it would have been covered up and he would be in a very dark hole. What the government agencies did was illegal, unethical and they abused their powers without oversight. Should Snowden have remained silent?

  6. Re:Not a strong enough tie by Improv · · Score: 3, Insightful

    The founding fathers certainly committed treason. The term doesn't necessarily mean something bad in every circumstance.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
  7. Conservatives are professional complainers by HangingChad · · Score: 1, Insightful

    I know conservative publications make a living by complaining about the president, but fabricating something new to be offended about every single day eventually leads to some really bizarre complaints. Like the $400 million payment to Iran that was part of a deal announced in January.

    It's just not working anymore.

    --
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  8. Why stop there? by Anonymous Coward · · Score: 5, Insightful

    Plenty of congresscritters, state legislators, justices of the court, prosecutors, law enforcement, and military personnel who similiarly deserve a trip to hangtown for taking actions in direct contradiction to their oaths.

    Did Snowden take an oath, or did he merely get security clearance and an NDA? Because if it was the latter then he's a hell of a lot less guity of wrongdoing that the aforementioned parties.

  9. Re:Not a strong enough tie by NoNonAlphaCharsHere · · Score: 4, Insightful

    It's only treason if you lose. If you win, it's revolution.

  10. Re:Not a strong enough tie by ArtemaOne · · Score: 3, Insightful

    Trump, as vile as he is, asked for previously stolen information to be turned over. Suggesting that Clinton's private email server is in any way related to "us" as in the United States is revolting. This concept that he asked Russia to hack the United States is partisan bull.

  11. Re: Except he wasn't by WarJolt · · Score: 3, Insightful

    Quiet....this the year of no accountability. We can't have whistle-blowers running rampant in our federal government.

  12. Re:Not a strong enough tie by dryeo · · Score: 3, Insightful

    Did the Americans overthrow the King? Did they at least overthrow Parliament? Did they even get within 3000 miles of the King and Parliament? Or did a bunch of colonial governments in N. America decide to secede?
    Secession is not a successful revolution.
    Next people will be claiming that it is perfectly fine for the American Congress to pass laws limiting speech even though the 1st amendment to the American Constitution stops them.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  13. Re:Except he wasn't by schwit1 · · Score: 4, Insightful

    When has a common sense interpretation of the law stopped prosecutors from twisting its purpose to suit their agenda, such as trying to force a plea bargain. By the time Snowden won on the law he could be $10M in debt.

  14. Re:Except he wasn't by Anonymous Coward · · Score: 2, Insightful

    Since he was NOT a government employee, he is not covered by the court decision mentioned in the article. Of course, Judicial Watch knows that.

    Snowden was an CIA employee before going to work for Booz Allen, so he would have, like the former CIA employee Snepp in the court case, signed a standard agreement not to divulge classified information either during employment or after. In addition, he would also have to sign a similar document working for Booz Allen since it was doing contract work for the NSA and he couldn't gotten clearance otherwise.

    So yeah, he was covered by the court decision.

  15. Re: Except he wasn't by WindBourne · · Score: 1, Insightful

    No, he would be. Had he released just information related to NSAs illegal activities, then he would be fine. But, he detailed how spy on other nations and even terrorist groups. IOW, he is a traitor.

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  16. Re: Except he wasn't by qeveren · · Score: 3, Insightful

    Not by the American definition of 'traitor', he isn't.

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  17. Re: Except he wasn't by Calydor · · Score: 3, Insightful

    Because 'Interesting' and 'Insightful' have a lot of overlap depending on the reader's state of mind.

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  18. Re: Except he wasn't by Anonymous Coward · · Score: 0, Insightful

    President Obama and President-to-be Clinton decide what the American definition of "traitor" is. You just listen and shut up.

  19. Re:Except he wasn't by Kindaian · · Score: 3, Insightful

    Only, he would lose on the first round because his assets would all be impounded, and he couldn't afford to hire a lawyer in the first place.

    I'm sure that is called by another name, yes, blackmail.