In which I raise concerns abt the specific language targeting Wikileaks in the DNC suit.https://twitter.com/pressfreedom/status/1001493006120378373 …
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But I agree that there should be real clarity on difference between recruited leak--especially third party--and a person choosing on their own to leak.
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One concern I specifically raised in the interview is how DOJ is using Reality Winner's access to secure drop--of the Intercept but not WaPo--as a means to incriminate her.
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Yes, and I allude to the SecureDrop issue in the opening of the piece—it's important. I think you raise important questions
@jeffhauser about the distinction between leakers/hackers. Those are questions I would have liked to pose to DNC lawyers, if they had agreed to an interview -
But, I think it's also important to acknowledge the role state-backed hackers are playing in the media these days. look at the Broidy stories. We want to be careful about exposing publishers to liability in those cases as well.
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Agree re Broidy et al. Is there a point at which serving as a knowing "fence" for stolen private data starts becoming something different than publishing genuinely leaked info? And at what point do (or have) people start *actually* adding fake shit into "hacked files"?
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All great questions, no easy answers. I tried to capture that difficulty in the piece. I think what a lot what concerns people is that those lines could be drawn in the wrong place, b/c of political pressure, sloppy lawsuits, etc.
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In general, I'd say that we'd want to be really careful about attaching liability to publishing true information in the public interest..No matter the motivations/activities of the sources, be they hackers/whistleblowers, etc.
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Cultivating sources to leak is different than placing a spy. As a parent, my view is that if you fear your kid being exposed to an idea (religion, political view, whatever) and being corrupted you just stink. You ought to be able to persuade your kids/employees to do right.
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That's why you are supposed to vet your hires! Basically, bribes are one thing, but a shocked conscience should be accorded respect. But encouraging hacking is literally encouraging criminality without the softener of a shocked conscience of someone risking a lot.
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