Computers, Privacy & the Constitution

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SebastianValdezOrandaySecondPaper 3 - 04 May 2024 - Main.EbenMoglen
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  For the profession that has survived pandemic layoffs, accusations of fake news, and a shift from print to digital consumption, its final opponent might be the government physically blocking access to stories hidden behind anonymous sources and whistleblowers. Without legislative action to reduce warrantless mass surveillance, the journalists of today will be tasked with learning a whole new skillset to bring sources into the fold of seeking the truth and reporting it.
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If this is an argument it needs to be in contact with the points on the other side. I'm not aware that anyone argues that reporters are entitled to converse with sources in a surveillance-free environment. Reporters physically outside the US do not carry with them an extraterritorial immunity either to local listening allied with the US or to US listening which is comprehensive "outside." Without regard to targeting journalists for interception (which raises additional legal issues and is likely to involve far more prospective legal analysis within the relevant agencies than you are following here), our problems concern the collateral consequences of intercepting communications by a non-US target of interception with a US-placed US-national journalist, a situation in which claims of right against something after interception (unmasking, analysis, legal intervention, prosecution) are at their strongest. The analysis should focus as closely as possible, I think.

National security reporters, reporters who cover crime domestic and international, political reporters—they are professionals, not naive. We can assume they have some counter-intelligence capability, and the intention to use it only when it is necessary to protect sources. Reporters cannot and do not assume that their work product is protected against interception by any other than technical means.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Revision 3r3 - 04 May 2024 - 18:16:55 - EbenMoglen
Revision 2r2 - 27 Apr 2024 - 21:39:46 - SebastianValdezOranday
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