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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. "

60 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.

      --

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

    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 CanadianMacFan · · Score: 2

      They are just trying to apply civil forfeiture laws to the Snowden case. It works so well (/s) for other cases why not try it for this one!

    5. 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.

    1. Re: treason by Anonymous Coward · · Score: 2, Interesting

      Your vote isn't what counts. What counts is the person counting your vote.

    2. Re: treason by Midnight+Thunder · · Score: 2

      I don't think it is that simple. Perversion of the constitution appears to go beyond party lines and more into the current culture of the halls of power - congressional, president or bureaucratic. The difference now is that someone noticed and blew the whistle. The result of those who would wish to hide the dirty laundry are doing everything to point fingers elsewhere.

      It can be argued than an NDA that is incompatible with the constitution should be null and void?

      --
      Jumpstart the tartan drive.
    3. Re:treason by smooth+wombat · · Score: 4, Informative

      The current US administration has been caught spying in violation of the constutition.

      Because the Bush administration was never caught spying in violation of the Constitution. Forget the whole PATRIOT Act or the administration forcing phone companies to install digital taps so the government could listen in on everyone's phone calls?

      As soon as Bush and Cheney are swinging from the end of a noose I'll be more than happy to agree with your demand.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    4. Re: treason by LynnwoodRooster · · Score: 2, Interesting

      And thus the reason to push to "Federalize" the counting of the votes. All under DHS auspices.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    5. Re:treason by Desler · · Score: 2

      Violating the Constitution is not treason. Maybe you should actually read the document?

  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 James+McGuigan · · Score: 4, Informative

      Article III, Section 3:

      “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

      If Enemies is a subset of Everyone, then giving Aid and Comfort to Everyone is an act of Treason, at least until the US makes peace with Everyone. Specifically what Snowdon exposed was the difficulty the US Government has in distinguishing between Everyone and Enemy.

      "Eddard Stark: What you suggest is treason.
      Petyr 'Littlefinger' Baelish: Only if we lose."

    3. 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.

    4. Re: "treason" "terrorism" by Anonymous Coward · · Score: 2, Informative

      Whistleblower trumps NDA / Top Secret.

      The entire Executive Branch up to most recent PotUSes, Judicial Branch Judges on those FISA kangaroo Courts and every member of Congress that wrote, voted for and did nothing to stop unconstitutional laws like the Patriot Act are all guilty of Treason by way of extreme harm caused to the Constitution, bill of rights and the people that were supposed to be protected by these.

      In other words, until such time as those I listed above are charged, arrested and judged guilty and had the applicable punishment meted out to them, the terrorists have Won the war on terror.

      That's right, by doing everything in their power to strip us of our constitutional rights, they have done what the terrorists wanted all along. They have aided and abetted Osama Bin Laden and his successors in removing the freedoms that pissed them off so much.

    5. Re:"treason" "terrorism" by CanadianMacFan · · Score: 2

      They are among a small set of words and phrases that let a politician pass almost any piece of legislation without attracting much scrutiny. Other words and phrases include "to protect our children", "socialism", and "communism" (though this is mostly historical).

    6. 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.

    7. Re:"treason" "terrorism" by qeveren · · Score: 2

      The US has an extremely narrow definition of the term "treason", for reasons having to do with the monarchy they rebelled against. Snowden is most certainly not a traitor under his nation's laws.

      --
      Don't just stand there, get that other dog!
  4. Fair is fair... by magusxxx · · Score: 3, Interesting

    How much money have they confiscated from the paid military advisors for the movie Blackhawk Down? While others have been accused, and found guilty, for releasing this same information they were allowed to cash a check.

    --
    Care killed the cat, but satisfaction brought it back.
  5. 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.

    --
    -=This sig has nothing to do with my comment. Move along now=-
  6. 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?

  7. 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.
  8. Re:Fascist big-gov't bastards... by Improv · · Score: 2

    You're going to grumble about how the way used are words nowadays don't fit some ancient definition nobody cares about anymore, while using the word "fascist" that way? That seems a bit odd.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
  9. 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.

  10. Re:Not a strong enough tie by Crashmarik · · Score: 3, Informative

    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.

    When you overthrow the government you too will be able to say what is and isn't treason.

  11. - don't fall for clickbait, be thoughtful - by swell · · Score: 4, Informative

    OK, it's a 'conservative site' that presents this argument against Snowden. And here, for a mostly progressive audience, it is presented as a troll to bait the eager readers to reply with venom. It is a common tactic at slashdot to rile up the readers and it's commonly called clickbait.

    It's an election season in the US and more than usual we see the polarity between left and right, progressive vs conservative. And here we may be encouraging the divide between Americans to assure there is no middle ground.

    I have always thought of slashdot readers as more astute than most. I don't do Fecebook or others because they seem less astute, more strident. I hope to see some balance in this particular discussion. If some consider Snowden to be a criminal, let's examine their motivations and see if there isn't some compelling reason for that belief.

    --
    ...omphaloskepsis often...
    1. Re:- don't fall for clickbait, be thoughtful - by DoofusOfDeath · · Score: 2

      If you think Slashdot is a 'mostly progressive' audience, you're a fucking idiot. Try bringing up subjects like gun control, or feminism, or environmentalism, or racism, or "political correctness," and see the response you get here.

      Just because you disagree with the GP, you don't need to be so rude about it.

    2. Re:- don't fall for clickbait, be thoughtful - by dbIII · · Score: 2

      progressive vs conservative

      The conservatives have left the building. The word you are looking for is "reactionaries". They want a LOT of change so are by no means conservative.

  12. Re:Conservatives are professional complainers by Aighearach · · Score: 4, Informative

    We owed them the money for over 30 years, after all. That's how far from "new" it was.

    The thing is, Iran paid us the money for military equipment right before they experienced regime change, and then afterwards we weren't willing to give them the weapons. However much we hate their new government, we do have to give the money back. They paid us real cash money for products that we refused to deliver. They were owed a refund.

    But relations were so bad, even though we knew we owed them the money we never got along with them well enough to even be able to hand it over to them. Eventually it happened, because of the nuclear deal.

    There is real diplomatic value in paying it, because it has always been an important propaganda point for them. Now the story is, in the end the Americans paid the money they owed, with all the interest, in the amount that was determined by arbitration. Because the American government always pay its debts.

    And we had to pay in euros, because Congress. wtf, why does Congress hate dollars?

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

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

  14. 33 by frovingslosh · · Score: 2

    It is a shame that Snowden isn't old enough to run for president. Otherwise, with our current two despised candidates, he might have been able to win for a third party. I would very much like to see him in the office.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:33 by Anonymous Coward · · Score: 3, Funny

      We already have a candidate Jill Stein that recognizes the power of healing crystals. We don't need anyone else. She is already the best candidate in history.

  15. TERRORISM? by Bruce66423 · · Score: 2

    The claim that Snowden's act constitutes 'Terrorism' is an example of the abuse of the term - and of legislation if it does - that needs to be highlighted. From first principles it can be argued that Snowden shouldn't benefit from his actions, or not, but the use of 'terrorism' legislation should be unacceptable...

  16. 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.

  17. Re:Not a strong enough tie by guruevi · · Score: 2

    The e-mails have already been stolen, the server has been offline for quite some time. Hillary would be insane to continue using any instance of Microsoft Exchange 2003 on an unpatched Windows 2003. It's impossible for the Russian to 'find' the e-mails by hacking into her offline e-mail server.

    As much as I don't like Trump (or Hillary for that matter), I don't see in the quote where he says "please hack my opponent's offline server". He says, you got them, you find them and release them which I would prefer at this time as well (full disclosure). Most likely though, the Russians, not being as stupid or naive as most of our voting populace is going to hold onto them as a bargaining chip for when Hillary becomes president. "So you don't want us to have this nuke, well, I'm sure you don't want us to release the name of this pool boy".

    Everyone should be asking both Hillary and the Russians for full disclosure (what was in the e-mails and what do you actually have respectively) because it IS going to come back and bite the US, perhaps even if she doesn't get elected.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  18. Except he wasn't by duckintheface · · Score: 5, Interesting

    Snowden worked for Booz Allen Hamilton, a contractor to the NSA, at the time he leaked classified documents. 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.

    And if Snowden HAD been a government employee, he would have been covered by the Federal Whistleblower law and would not be at risk of prosecution for the leaks, since he proved that the US government was breaking the law.

    --
    "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    1. 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.

    2. Re: Except he wasn't by duckintheface · · Score: 5, Interesting

      The attempts to smear Snowden continue to this day. Within days of the leaks becoming public, all the news outlets were telling us that he was a college dropout and that his girlfriend was a poledancer. They didn't mention that the NSA was paying him $200,000 per year and that his girlfriend was a ballet dancer who did pole dancing as part of performance with an acrobatic troupe in Hawaii.

      Snowden should get the Presidential Medal of Freedom for his defense of the Constitutional protection of the 4th Amendment.

      --
      "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    3. 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.

    4. 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.

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

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

      --
      Don't just stand there, get that other dog!
    6. 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.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    7. 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.

    8. Re:Except he wasn't by Alypius · · Score: 2

      he would have been covered by the Federal Whistleblower law

      He would most certainly not have been protected, as has been covered ad nauseam elsewhere. One of the critical factors in civil disobedience/whistleblowing is procedual adherance (i.e. going through authorized channels). If you think Snowden is some sort of latter-day Ellsburg, you might want to be aware of the fact that Ellsburg not only attempted Congressional channels but also turned himself in after leaking the information. Civil disobedience means holding yourself accountable to the system. It is most assuredly not an excuse to hoover gigabytes of random data and post it to the 'net (which Snowden did).

    9. Re: Except he wasn't by Desler · · Score: 2

      So true. We all know Judicial Watch is a bastion of Clinton and Obama lovers. /s

      Go choke on a dick and die.

  19. 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
  20. Re:Not a strong enough tie by Uberbah · · Score: 2, Interesting

    Pedantic distinction without a difference. The government of the colonies was British - a government that was overthrown. In the colonies.

  21. Free speech, too? by TheDarkener · · Score: 2

    If I were Snowden I'd be looking at every possible media outlet to get the word out about the disgusting things I've learned. Some of those media outlets require money/funding, and inevitably will return some kind of profit (ticket sales for movies for example). But them trying to play that card on Snowden in the first place is just proof that they need to examine his motives and his position as someone who wants to stop the breaking of laws and constitutional foundations that his country was founded on by its own government. Relating him, even remotely, to "terrorism" is appalling and insulting to his integrity and willingness to essentially throw his life away for the sake of informing people that their government isn't playing by its own rules.

    --
    It is pitch black. You are likely to be eaten by a grue.
  22. Re:Not a strong enough tie by colinwb · · Score: 2

    Sir John Harington: A witty and erudite figure at the court of Elizabeth I, John Harington is now remembered mainly for two things. One is his cynical epigram on treason: ‘Treason doth never prosper, what’s the reason? Why, if it prosper, none dare call it treason.’ The other is his invention of the flush water closet. ... His flush toilet did not catch on and serious improvement of lavatories in England had to wait for the 18th century and the coming of the S-bend.

    (I'd actually prepared this one earlier - I'd intended to post the epigram as a reply to an earlier post - I knew the epigram but had to look up who'd said it.)

  23. Right Idea, Wrong Target by Anonymous Coward · · Score: 2, Interesting

    The DOJ ought to arrest the conservative advocacy site Judicial Watch for treason. Not treason against the nation but treason against their own conservative values.

    Time was an authentic 'conservative' understood the need for privacy, individual liberty, and freedom. The government was potentially dangerous and had to be kept limited. Also, there's this little known and widely abused document called the Constitution that conservatives used to like a lot. Time was.

    Snowden is more 'conservative' by these measures than Judicial Watch. Or maybe Judicial Watch just got a little too excited by the election season, saw a chance to take a shot at Obama, and went off their meds. In this explanation Snowden is just the bait.

    1. Re:Right Idea, Wrong Target by TheRaven64 · · Score: 3, Interesting

      I really hope that the law that they're citing is as badly worded as they claim, because if it is then then that would mean that any elected official who voted for invading Iraq or Syria could be prosecuted for 'providing material support or resources for acts of international terrorism' (after all, we saw a lot more terrorists recruited as a result of the US participation in both). Find a partisan judge and bring a private prosecution against someone in the other party...

      --
      I am TheRaven on Soylent News
  24. Re:Conservatives are professional complainers by Aighearach · · Score: 2

    Definitely, absolutely, without a doubt, and without having to look it up: multiple currencies, specifically not including the dollar.

    And if in fact they were allowed to include dollars, it would have been all dollars.

    Where I said something about Congress, that was the hint that there was something substantial to the comment. A reason for there not be dollars. You got hung up on a pedanticism; that it was a basket of multiple currencies used to pay the debt. True. But actually, it was given in multiple shipments, and the shipment being discussed in the news was mostly euros, and indeed most of the total was euros.

  25. Re:Not a strong enough tie by SuricouRaven · · Score: 2

    He did blow the whistle internally - his concerns were completely ignored, and he was instructed to do his job and stay out of things not his concern. That's why he went public.

  26. Re:Like a true "conservative" web site by SuricouRaven · · Score: 2

    Judicial Watch is... well, you could accurately call them a conservative website, but they reflect only the worst aspects of what conservative means. They also outright lie. A lot. They are responsible for starting and occasionally perpetuating a rumor that ISIS has a training camp in northern Mexico and the Obama administration is covering it up - according to unnamed 'sources,' of course. ( http://www.judicialwatch.org/b... )

  27. Re:Not a strong enough tie by dryeo · · Score: 2

    Yes, it was treason and sedition and particularly pissed off the King, especially as it was triggered by the King proclaiming that all his subjects were equal (Royal Proclamation of 1763), the last thing that the American colonists wanted to admit as obviously Papists, Savages and Niggers weren't equal.
    As for the Second, it is ignored or limited by everyone as it simply says that the People have the right to bear arms. Nothing about only some people having the right like the Bill of Rights of 1689 which only gave Protestants the right to bear arms.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  28. Re:Conservatives are professional complainers by Zontar+The+Mindless · · Score: 2
    --
    Il n'y a pas de Planet B.
  29. Re: You know who else didn't turn themselves in... by serviscope_minor · · Score: 2

    The signatories of that document 'turned themselves in' by publicly announcing their intentions to 'defy (British) authority'

    That's not turning themselves in. If they turned themselves in, they'd have handed themselves over to the crown. Snowden, like them, associated his real name with his actions. Snowden, like them, did not hand themselves over to the authorities to be arested.

    --
    SJW n. One who posts facts.
  30. Re:Not a strong enough tie by sjames · · Score: 2

    What makes you so convinced it's not true? Do you see any reason why secret courts with secret hearings should be considered legitimate? Do you find indefinite imprisonment without trial to meet Constitutional muster? Is there reason to believe it's legitimate for law enforcement and prosecutors to lie in court? How about the director of the NSA perjuring himself before Congress?