http://www.nytimes.com/2013/06/28/opinion/global/the-service-of-snowden.html

June 27, 2013
The Service of Snowden
By ROGER COHEN

LONDON — Edward J. Snowden, the whistleblower on global U.S. surveillance,
has been called all kinds of things by members of Congress over the past
couple of weeks — including a “defector” and a man guilty of “treason.”
Federal prosecutors have prepared a sealed indictment against him.

At the same time, he has been lauded by Julian Assange, the founder of
WikiLeaks, as a member of the “young, technically minded” generation “that
Barack Obama betrayed.” Assange called President Obama the real “traitor.”
Across the world, and in the United States itself, many people sympathize
with Snowden. They see his leaks as a needed stand for individual freedom
against the security-driven mass surveillance of a U.S. National Security
Agency armed with the technology to gather and analyze the digital trails
of our lives.

So what is Snowden? A self-aggrandizing geek who betrayed his country and
his employer, Booz Allen Hamilton, exposed the United States to greater
risk of terrorist attack, and may now — wittingly or unwittingly — have
made his trove of secrets available to China and Russia, nations that are
no longer enemies but are rival powers?

Or a brave young American determined to fight — at the risk of long
imprisonment — against his country’s post-9/11 lurch toward invasion of
citizens’ lives, ever more intrusive surveillance, undifferentiated
data-hauling of the world’s digital exhaust fumes (for storage in a
one-million-square-foot fortress in Utah), and the powers of a compliant
secret court to issue warrants for international eavesdropping and e-mail
vacuuming?

Snowden, apparently holed up in the transit area of Moscow’s Sheremetyevo
airport, has disappeared from view. Perhaps one way to assess what he has
done is to imagine how things would stand if he had never existed. I am not
big on counterfactuals — hypothetical history is at once tantalizing and
meaningless — but in this case the exercise may be useful.

We would not know how the N.S.A., through its Prism and other programs, has
become, in the words of my colleagues James Risen and Eric Lichtblau, “the
virtual landlord of the digital assets of Americans and foreigners alike.”
We would not know how it has been able to access the e-mails or Facebook
accounts or videos of citizens across the world; nor how it has secretly
acquired the phone records of millions of Americans; nor how through
requests to the compliant and secret Foreign Intelligence Surveillance
Court (F.I.S.A.) it has been able to bend nine U.S. Internet companies to
its demands for access to clients’ digital information.

We would not be debating whether the United States really should have
turned surveillance into big business, offering data-mining contracts to
the likes of Booz Allen and, in the process, high-level security clearance
to myriad folk who probably should not have it. We would not have a serious
debate at last between Europeans, with their more stringent views on
privacy, and Americans about where the proper balance between freedom and
security lies.

We would not have legislation to bolster privacy safeguards and require
more oversight introduced by Senator Patrick Leahy, Democrat of Vermont and
the chairman of the Judiciary Committee. Nor would we have a letter from
two Democrats to the N.S.A. director, Gen. Keith B. Alexander, saying that
a government fact sheet about surveillance abroad “contains an inaccurate
statement” (and where does that assertion leave Alexander’s claims of the
effectiveness and necessity of Prism?).

In short, a long-overdue debate about what the U.S. government does and
does not do in the name of post-9/11 security — the standards applied in
the F.I.S.A. court, the safeguards and oversight surrounding it and the
Prism program, the protection of civil liberties against the devouring
appetites of intelligence agencies armed with new data-crunching technology
— would not have occurred, at least not now.

All this was needed because, since it was attacked in an unimaginable way,
the United States has gone through a Great Disorientation. Institutions at
the core of the checks and balances that frame American democracy and civil
liberties failed. Congress gave a blank check to the president to wage war
wherever and whenever he pleased. The press scarcely questioned the march
to a war in Iraq begun under false pretenses. Guantánamo made a mockery of
due process. The United States, in Obama’s own words, compromised its
“basic values” as the president gained “unbound powers.” Snowden’s phrase,
“turnkey tyranny,” was over the top but still troubling.

One of the most striking aspects of the Obama presidency has been the vast
distance between his rhetoric on these issues since 2008 and any rectifying
action. If anything he has doubled-down on security at the expense of
Americans’ supposedly inalienable rights: Hence the importance of a
whistleblower.

Snowden has broken the law of his country. We do not know what, if
anything, he has offered China or Russia — or been coerced or tricked into
handing over. He has, through his choice of destination, embraced states
that suppress individual rights and use the Internet as an instrument of
control and persecution. His movements have sent the wrong message.

Still, he has performed a critical service. History, the real sort, will
judge him kindly.

-- 
Robert Naiman
Policy Director
Just Foreign Policy
www.justforeignpolicy.org
[email protected]
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