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Security expert Bruce Schneier makes a strong case, with lots of links to background material:
- Government Secrets and the Need for Whistleblowers by Bruce Schneier Crypto-Gram Newsletter (June 15, 2013).
The U.S. government is on a secrecy binge. It overclassifies more information than ever. And we learn, again and again, that our government regularly classifies things not because they need to be secret, but because their release would be embarrassing.
Knowing how the government spies on us is important. Not only because so much of it is illegal — or, to be as charitable as possible, based on novel interpretations of the law — but because we have a right to know. Democracy requires an informed citizenry in order to function properly, and transparency and accountability are essential parts of that. That means knowing what our government is doing to us, in our name. That means knowing that the government is operating within the constraints of the law. Otherwise, we’re living in a police state.
[This essay originally appeared in The Atlantic.]
CRYPTO-GRAM is written by Bruce Schneier. Schneier is the author of the best sellers “Liars and Outliers,” “Beyond Fear,” “Secrets and Lies,” and “Applied Cryptography,” and an inventor of the Blowfish, Twofish, Threefish, Helix, Phelix, and Skein algorithms. He is the Chief Security Technology Officer of BT, and is on the Advisory Boards of the Electronic Privacy Information Center (EPIC) and the Electronic Frontier Foundation (EFF). He is a frequent writer and lecturer on security topics. See http://www.schneier.com.
Rolling Stone‘s Matt Taibbi has a new piece online “Is the SEC Covering Up Wall Street Crimes?” that will churn your stomach. A whistleblower SEC attorney named Darcy Flynn came forward to Congress earlier this summer to describe the systematic destruction of SEC records that were supposed to be archived for 25 years.
Taibbi’s piece shows the worst of the revolving door between .gov regulators and the industry they’re entrusted to regulate and investigate. It also highlights the tenuous nature of the preservation of government information and the critical need for trusted 3rd party organizations — libraries! — to be part of that system of preservation.
This is a different world, one far friendlier to lawbreakers, where even the suspicion of wrongdoing gets wiped from the record.
That, it now appears, is exactly how the Securities and Exchange Commission has been treating the Wall Street criminals who cratered the global economy a few years back. For the past two decades, according to a whistle-blower at the SEC who recently came forward to Congress, the agency has been systematically destroying records of its preliminary investigations once they are closed. By whitewashing the files of some of the nation’s worst financial criminals, the SEC has kept an entire generation of federal investigators in the dark about past inquiries into insider trading, fraud and market manipulation against companies like Goldman Sachs, Deutsche Bank and AIG. With a few strokes of the keyboard, the evidence gathered during thousands of investigations – “18,000 … including Madoff,” as one high-ranking SEC official put it during a panicked meeting about the destruction – have apparently disappeared forever into the wormhole of history.
Under a deal the SEC worked out with the National Archives and Records Administration, all of the agency’s records – “including case files relating to preliminary investigations” – are supposed to be maintained for at least 25 years. But the SEC, using history-altering practices that for once actually deserve the overused and usually hysterical term “Orwellian,” devised an elaborate and possibly illegal system under which staffers were directed to dispose of the documents from any preliminary inquiry that did not receive approval from senior staff to become a full-blown, formal investigation. Amazingly, the wholesale destruction of the cases – known as MUIs, or “Matters Under Inquiry” – was not something done on the sly, in secret. The enforcement division of the SEC even spelled out the procedure in writing, on the commission’s internal website. “After you have closed a MUI that has not become an investigation,” the site advised staffers, “you should dispose of any documents obtained in connection with the MUI.”
Many of the destroyed files involved companies and individuals who would later play prominent roles in the economic meltdown of 2008. Two MUIs involving con artist Bernie Madoff vanished. So did a 2002 inquiry into financial fraud at Lehman Brothers, as well as a 2005 case of insider trading at the same soon-to-be-bankrupt bank. A 2009 preliminary investigation of insider trading by Goldman Sachs was deleted, along with records for at least three cases involving the infamous hedge fund SAC Capital.
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Wikileaks is developing an uncensorable Wikipedia for untraceable mass document leaking and analysis. Our primary interests are oppressive regimes in Asia, the former Soviet bloc, Sub-Saharan Africa and the Middle East, but we also expect to be of assistance to those in the west who wish to reveal unethical behavior in their own governments and corporations.
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Wikileaks expects to go live sometime in February or March 2007.
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