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Freedom Isn’t Free at the State Department

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Posted on Oct 3, 2011
Metropolitan Books

By Peter Van Buren

Peter Van Buren, a Foreign Service Officer, spent a year at two bases in Iraq working on reconstruction efforts. His book-length reflection on that experience, “We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People,” was released in late September. TomDispatch editor Tom Engelhardt praised it as destined to become “a classic in the annals of anti-interventionism.” This article was orginally published on TomDispatch.

On the same day that more than 250,000 unredacted State Department cables hemorrhaged out onto the Internet, I was interrogated for the first time in my 23-year State Department career by State’s Bureau of Diplomatic Security (DS) and told I was under investigation for allegedly disclosing classified information. The evidence of my crime? A posting on my blog from the previous month that included a link to a WikiLeaks document already available elsewhere on the Web.

As we sat in a small, gray, windowless room, resplendent with a two-way mirror, multiple ceiling-mounted cameras, and iron rungs on the table to which handcuffs could be attached, the two DS agents stated that the inclusion of that link amounted to disclosing classified material. In other words, a link to a document posted by who-knows-who on a public website available at this moment to anyone in the world was the legal equivalent of me stealing a Top Secret report, hiding it under my coat, and passing it to a Chinese spy in a dark alley.

The agents demanded to know who might be helping me with my blog (“Name names!”), if I had donated any money from my upcoming book on my wacky year-long State Department assignment to a forward military base in Iraq, and if so to which charities, the details of my contract with my publisher, how much money (if any) I had been paid, and—by the way—whether I had otherwise “transferred” classified information.

Had I, they asked, looked at the WikiLeaks site at home on my own time on my own computer? Every blog post, every Facebook post, and every tweet by every State Department employee, they told me, must be pre-cleared by the Department prior to “publication.” Then they called me back for a second 90-minute interview, stating that my refusal to answer questions would lead to my being fired, never mind the Fifth (or the First) Amendments.

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Why me? It’s not like the Bureau of Diplomatic Security has the staff or the interest to monitor the hundreds of blogs, thousands of posts, and millions of tweets by Foreign Service personnel. The answer undoubtedly is my new book, “We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People.” Its unvarnished portrait of State’s efforts and the U.S. at work in Iraq has clearly angered someone, even though one part of State signed off on the book under internal clearance procedures some 13 months ago. I spent a year in Iraq leading a State Department Provincial Reconstruction Team (PRT) and sadly know exactly what I am talking about. DS monitoring my blog is like a small-town cop pulling over every African-American driver: vindictive, selective prosecution. “Ya’ll be careful in these parts, ‘hear, ‘cause we’re gonna set an example for your kind of people.”

Silly as it seems, such accusations carry a lot of weight if you work for the government. DS can unilaterally, and without any right of appeal or oversight, suspend your security clearance and for all intents and purposes end your career. The agents questioning me reminded me of just that, as well as of the potential for criminal prosecution—and all because of a link to a website, nothing more.

It was implied as well that even writing about the interrogation I underwent, as I am doing now, might morph into charges of “interfering with a government investigation.” They labeled routine documents in use in my interrogation as “Law Enforcement Sensitive” to penalize me should I post them online. Who knew such small things actually threatened the security of the United States? Are these words so dangerous, or is our nation so fragile that legitimate criticism becomes a firing offense?

Let’s think through this disclosure of classified info thing, even if State won’t. Every website on the Internet includes links to other websites. It’s how the Web works. If you include a link to say, a CNN article about Libya, you are not “disclosing” that information—it’s already there. You’re just saying: “Have a look at this.”  It’s like pointing out a newspaper article of interest to a guy next to you on the bus.  (Careful, though, if it’s an article from The New York Times or The Washington Post.  It might quote stuff from WikiLeaks and then you could be endangering national security.)

Security at State: Hamburgers and Mud

Security and the State Department go together like hamburgers and mud. Over the years, State has leaked like an old boot. One of its most hilarious security breaches took place when an unknown person walked into the secretary of state’s outer office and grabbed a pile of classified documents. From the vast trove of missing classified laptops to bugging devices found in its secure conference rooms, from high ranking officials trading secrets in Vienna to top diplomats dallying with spies in Taiwan, even the publicly available list is long and ugly.

Of course, nothing compares to what history will no doubt record as the most significant outpouring of classified material ever, the dump of hundreds of thousands of cables that are now on display on WikiLeaks and its mushroom-like mirror sites. The Bureau of Diplomatic Security (an oxymoron if there ever was one) is supposed to protect our American diplomats by securing State’s secrets, and over time they just haven’t done very well at that.

The State Department and its Bureau of Diplomatic Security never took responsibility for their part in the loss of all those cables, never acknowledged their own mistakes or porous security measures. No one will ever be fired at State because of WikiLeaks—except, at some point, possibly me. Instead, State joined in the federal mugging of Army Pvt. Bradley Manning, the person alleged to have copied the cables onto a Lady Gaga CD while sitting in the Iraqi desert.

That all those cables were available electronically to everyone from the secretary of state to a lowly Army private was the result of a clumsy post-9/11 decision at the highest levels of the State Department to quickly make up for information-sharing shortcomings. Trying to please an angry Bush White House, State went from sharing almost nothing to sharing almost everything overnight. They flung their whole library onto the government’s classified intranet, SIPRnet, making it available to hundreds of thousands of federal employees worldwide. It is usually not a good idea to make classified information that broadly available when you cannot control who gets access to it outside your own organization. The intelligence agencies and the military certainly did no such thing on SIPRnet, before or after 9/11.

State did not restrict access. If you were in, you could see it all. There was no safeguard to ask why someone in the Army in Iraq in 2010 needed to see reporting from 1980s Iceland. Even inside their own organization, State requires its employees to “subscribe” to classified cables by topic, creating a record of what you see and limiting access by justifiable need. A guy who works on trade issues for Morocco might need to explain why he asked for political-military reports from Chile.

Most for-pay porn sites limit the amount of data that can be downloaded. Not State. Once those cables were available on SIPRnet, no alarms or restrictions were implemented so that low-level users couldn’t just download terabytes of classified data. If any activity logs were kept, it does not look like anyone checked them.

A few classified State Department cables will include sourcing, details on from whom or how information was collected. This source data allows an informed reader to judge the veracity of the information; was the source on a country’s nuclear plans a street vendor or a high military officer? Despite the sometimes life-or-death nature of protecting sources (though some argue this is overstated), State simply dumped its hundreds of thousands of cables online unredacted, leaving source names there, all pink and naked in the sun.

Then again, history shows that technical security is just not State’s game, which means the WikiLeaks uproar is less of a surprise in context. For example,in 2006, news reports indicated that State’s computer systems were massively hacked by Chinese computer geeks. In 2008, State data disclosures led to an identity theft scheme only uncovered through a fluke arrest by the Washington, D.C., cops. Before it was closed down in 2009, snooping on private passport records was a popular intramural activity at the State Department, widely known and casually accepted. In 2011, contractors using fake identities appear to have downloaded 250,000 internal medical records of State Department employees, including mine. 


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By Tom Edgar, October 6, 2011 at 8:37 pm Link to this comment

When will Americans realise they are not a democracy but a neo Fascist country posing as a democracy.

From the Depression and Union suppression to present day government opposition oppression. There are too many instances of European style fascist activities of the past to enumerate here but this article alone is a supreme example.

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By prosefights, October 6, 2011 at 8:28 am Link to this comment

This is FISA judge John Edwards Conway.
http://cryptome.org/fisc-members.htm

1 Whether by inadvertence, the press of federal caseloads, or design, the court suggested at a pretrial conference in May 1993, that both parties suspend further discovery until it ruled on defendants’ summary judgment motion. Discovery has ceased ever since.

2 Nearly one year ago, on August 19, 1993, the court issued its amended protective order, effectively sealing all substantive pleadings in this case.

3 Before issuing that order, the court considered plaintiff’s written response against sealing. Judge Conway informed all counsel in open court that James R. Gosler [a Sandia manager] would be permitted to deliver unknown documents to Judge Conway at time and place certain.

4 Judge Conway apparently reviewed those documents in camera without counsel for plaintiff.

5 The communication with Gosler constitutes an improper, ex parte communication with the one defendant who has been charged in plaintiff’s amended complaint with the most outrageous and culpable acts.

6 Given the nature of this lawsuit, where defendants allege some sort of security infraction by plaintiff as justification for his firing, such communication under the guise of national security violated plaintiff’s due process rights. Plaintiff has been prejudiced by this improper communication coupled with protracted delays. ...

WHEREFORE Plaintiff William H. Payne requests that:

A Judge Conway recuse himself from further participation in these proceeding, based on improper communication with defendant Gosler,

B The newly designated judge reconsider the standing protective order without recourse to ex parte communications with a named defendant, or in the alternative, allow counsel for plaintiff to review and respond to such communications, and,

C The court deny defendants’ long-standing motion for summary judgment, set new discovery deadlines under the circumstances, and grant such further relief as justice requires.

Aarons Law Firm
Counsel for Plaintiff

Recovery of our stolen $22,036 would only be possible because of Internet.

http://www.prosefights.org/deaton/deaton.htm#titomadrid

‘A short and deadly history of how we got to where we are’ details why it was stolen.

http://www.prosefights.org/nmlegal/shorthistory/shorthistory.htm#shorthistory

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By gerard, October 4, 2011 at 11:40 am Link to this comment

Post postscript:  And certainly the Supreme Court!
Any body of serious people who can seriously think that “corporations equal people” ... or are they pretending?

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By gerard, October 4, 2011 at 11:34 am Link to this comment

Postscript:  I strongly suspect that Obama’s predicament is largely due to the fact that he lacks a sense of irony.

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By gerard, October 4, 2011 at 11:23 am Link to this comment

Lack of a sense of irony is a HUGE disadvantage.  It
means you can never see the bitter (often damaging) inconsistencies in things you and others do and say, all unconsciously of course, which prevents situations that might be remedied instead come crashing down on everybody’s head, including your own.

This obvious lack of a sense of irony permeates the behaviors of the most “serious” people in the world:  rulers, legislators, judges, military leaders—all people who take their power so seriously that they abuse it repeatedly, and never learn. 

Learning to view human affairs with a sense of irony points out inconsistencies, foolish, prideful decisions, short-sighted policies and all kinds of
future pratfalls.  Irony might help to eliminate
colossal errors, if only .....

Wall Street sitting on its balconies drinking cocktails while Occupy Wall Street representing 99% of “the people” fills the streets below—is totally ironic.  Think Nero fiddling while Rome burned, anybody? It’s not like we don’t know.  It’s that we refuse to see the whole picture. The most important—and often the funniest (sardonic) part is on the back side of the mirror.

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By bram druckman, October 4, 2011 at 11:01 am Link to this comment
(Unregistered commenter)

If we don’t want to become the next terror-filled Stalinist state where free speech
and freedom of expression have been banned and the terror apparatus of
authority operates with impuity, we need to nip the this race to totalitarianism
starting now. Start by naming names: Don’t just say two Department of Security
blah, blah, blahs conducted a Nazi-style interrogation, tell us who they are so the
rest of us can decide on our own if we wish to have anything more to do with
them. Or is that crime too, a violation of state secrets to let the public know who is
doing the threatening - in the name of national security, of course?

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By faultroy, October 4, 2011 at 10:49 am Link to this comment

Thanks for posting this. This is nothing new. People would be appalled at what is going on in terms of denying all Americans the right to be heard.
  It should be noted that this is not a problem with just government and other civic institutions.
  Almost all internet sites are actively moderated. Larry Flynt of Hustler Magazine, who has probably done more for free speech rights than any man in modern day America, says that this is part of the corporatization of the media.
  It seems ironic to me that the very media organizations that decry the limiting of free speech are the very ones limiting free speech.
  CNN, MSNBC, Fox News, The Daily Beast, Slate, and now Salon all aggressively limit free speech rights via moderation. It is rather amusing that the Huffington Post—the champion of liberalism—was and is the most heavily moderated of all sites. They consistently violate their own Terms of Agreement in that each moderator is allowed to decide what they feel is appropriate.
  Salon, the only place I knew of where one can freely post, has now gone to a new format and eliminated almost all of those posters that did not follow the corporate the Salon narrative.
  It used to be the internet term: “troll” meant someone creating controversy in order to start a fight. Today, “troll” means someone that does not agree with you and makes a good case against your position and you don’t like that.
  The relatively new website: “Big Think,” which is supposed to be an intellectual area for discussion, has become consistently scrubbed and utilizes a “word moderating program.” So if you make any comment even remotely negative, it will be moderated.
  They also have gone corporatist as they are now aggressively hawking their “floating university.”
  Most of these organizations are private businesses, and they have a right to do as they choose, but my point is that it is becoming more the standard that regardless as to where you go on the web, and regardless as to your political persuasions, the feeling is that Free Speech is a very important right—but just not here.
  One thing is clear: our issues with the economy pale in comparison the the fundamental rights of being heard which we are quickly loosing.
  And we are seeing a scary “tribalization,” of all media that purports to be public. The bad part about this is that disagreeing parties will circle the wagons and only preach to the choir. The end result may be the unraveling—or at the very least—the diluting of our traditional Constitutional safeguards.
  The only way to counteract this trend, is by not patronizing these heavily moderated sites. That way, you hit them where they live—in their pocketbooks.

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By Wogga, October 4, 2011 at 7:01 am Link to this comment
(Unregistered commenter)

Would be interesting to contrast this with a similar person in a Russian Ministry.  I guess you can imagine what I’m suggesting the difference would be.

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By balkas, October 3, 2011 at 12:11 pm Link to this comment

this just proves that nothing can be a secret, top secret, toppiest-tippiest-tipsiest ever
secret as long as even just one person knows what it is.

the highest of all secrets appears to be the secret how secrets are discovered; or, rather,
why are they that much unguarded that even a passerby can palm some of them on
her/his way to lunchbreak or to see a senator.

i keep all my secrets by simply not putting them on paper. and i got thousands of such
secrets; all kept in the safest place possible: in my brain.

mystery appears to be that what u.s does against econo-military-diplomatically
weak[est] peoples [own weakest people also] and regions/lands is not a secret or
mystery, anyway.

and one can see this with even one poor eye let alone with two good/healthy ones—
along with, u guessed it, sane thinking.

with no sane looking, no sane thinking or doing, or viceversa. tnx

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