US whistleblower holed up in Hong Kong

2013-06-10 08:42
Edward Snowden (AFP)

Edward Snowden (AFP)

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Washington - A 29-year-old contractor who claims to have worked at the National Security Agency and the CIA allowed himself to be revealed as the source of disclosures about the US government's secret surveillance programs, risking prosecution even as he was holed up in a Hong Kong hotel room.

The leaks, reported over the last week, have reopened the debate about privacy concerns versus heightened measures to protect against terrorist attacks, and led the NSA to ask the Justice Department to conduct a criminal investigation. The Justice Department said it was in the initial stages of an investigation.

The Guardian, the first newspaper to disclose the documents, said on Sunday it was publishing the identity of Edward Snowden, a former technical assistant for the CIA and current employee of defence contractor Booz Allen Hamilton, at his request.

"My sole motive is to inform the public as to that which is done in their name and that which is done against them," Snowden told the newspaper.

Snowden is quoted as saying he chose Hong Kong because "they have a spirited commitment to free speech and the right of political dissent", and because he believed it was among the spots on the globe that could and would resist the dictates of the US government.

Hong Kong, now a semi-autonomous region of China, had an extradition treaty with the United States that took force in 1998, according to the US State Department website. A message to the State Department to confirm that treaty is still in force was not immediately answered.

‘Huge, grave damage’

The recent stories in The Guardian and The Washington Post have revealed two surveillance programs.

One is a phone records monitoring program in which the NSA gathers hundreds of millions of US phone records each day, creating a database through which it can learn whether terror suspects have been in contact with people in the US. The Obama administration says the NSA program does not listen to actual conversations.

Separately, an Internet scouring program, code-named Prism, allows the NSA and FBI to tap directly into nine US Internet companies to gather all Internet usage - audio, video, photographs, emails and searches. The effort is designed to detect suspicious behaviour that begins overseas.

Director of National Intelligence James Clapper has decried the revelation of the intelligence-gathering programs as reckless and said it has done "huge, grave damage". In recent days, he took the rare step of declassifying some details about them to respond to media reports about counterterrorism techniques employed by the government.

Snowden said claims the programs are secure are not true.

"Any analyst at any time can target anyone. Any selector. Anywhere. Where those communications will be picked up depends on the range of those sensor networks and the authority that that analyst is empowered with," Snowden said, in a video on The Guardian's website.

"Not all analysts have the power to target anything. But I, sitting at my desk, had the authority to wiretap anyone, from you or your accountant to a federal judge to even the president if I had a personal email."


He told the Post that he would "ask for asylum from any countries that believe in free speech and oppose the victimisation of global privacy."

Iceland's International Modern Media Institute, a free press group, said it had yet to hear from Snowden directly. But in a statement the institute said it would do what it could to help him find asylum and was working to set up a meeting with Iceland's newly appointed interior minister.

"I'm not going to hide," Snowden told the Post. "Allowing the US government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest."

The spokesperson for the Director of National Intelligence, Shawn Turner, said intelligence officials are "currently reviewing the damage that has been done by these recent disclosures," adding that "Any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law".

"The Department of Justice is in the initial stages of an investigation into the unauthorised disclosure of classified information by an individual with authorised access," said Nanda Chitre, Justice Department spokesperson.


In a statement, Booz Allen confirmed that Snowden "has been an employee of our firm for less than 3 months, assigned to a team in Hawaii". The statement said if the news reports of what he has leaked prove accurate, "this action represents a grave violation of the code of conduct," and the company promised to work closely with authorities on the investigation.

Snowden told The Guardian that he lacked a high school diploma and enlisted in the US Army until he was discharged because of an injury, and later worked as a security guard with the NSA. He later worked for the CIA as an information technology employee and by 2007 was stationed in Geneva, Switzerland, where he had access to classified documents.

During that time, he considered going public about the nation's secretive programs but told the newspaper he decided against it, because he did not want to put anyone in danger and he hoped Obama's election would curtail some of the clandestine programs.

He said he was disappointed that Obama did not rein in the surveillance programs.

"Much of what I saw in Geneva really disillusioned me about how my government functions and what its impact is in the world," he told The Guardian. "I realised that I was part of something that was doing far more harm than good."

Snowden left the CIA in 2009 to join a private contractor, and spent last four years at the NSA, as a contractor with consulting giant Booz Allen Hamilton and, before that, Dell.

Spur debate

The Guardian reported that Snowden was working in an NSA office in Hawaii when he copied the last of the documents he planned to disclose and told supervisors that he needed to be away for a few weeks to receive treatment for epilepsy.

He left for Hong Kong on 20 May and has remained there since, according to the newspaper.

"I feel satisfied that this was all worth it. I have no regrets," Snowden told The Guardian, which said he asked to be identified after several days of interviews.

Snowden could face decades in a US jail for revealing classified information if he is successfully extradited from Hong Kong, said Mark Zaid, a national security lawyer who represents whistleblowers.

"If it's a straight leak of classified information, the government could subject him to a 10 or 20 year penalty for each count," with each document leaked considered a separate charge, Zaid said.

Snowden told the newspaper he believes the government could try to charge him with treason under the Espionage Act, but Zaid said that would require the government to prove he had intent to betray the United States, whereas he publicly made it clear he did this to spur debate.

Chinese intelligence agents

The government could also make an argument that the NSA leaks have aided the enemy - as military prosecutors have claimed against US soldier Bradley Manning, who faces life in prison under military law if convicted for releasing a trove of classified documents through the Wikileaks website.

"They could say the revelation of the [NSA] programs could instruct people to change tactics," Zaid said. But even under the lesser charges of simply revealing classified information, "you are talking potentially decades in jail, loss of his employment and his security clearance".

House intelligence committee member Peter King called for Snowden to be "extradited from Hong Kong immediately...and prosecuted to the fullest extent of the law," in an interview with The Associated Press on Sunday.

"I believe the leaker has done extreme damage to the US and to our intelligence operations," King said, by alerting al-Qaeda to US surveillance and by spooking US service providers who now might fight sharing data in future with the government now that the system has been made public.

King added that intelligence and law enforcement professionals he'd spoken to were concerned that Snowden might be taken into custody by Chinese intelligence agents and questioned about CIA and NSA spies and policies.

President Barack Obama has said the programs are authorised by Congress and subject to strict supervision of a secret court.

"It's important to recognise that you can't have 100% security and also then have 100% privacy and zero inconvenience," Obama said. "We're going to have to make some choices as a society."

Read more on:    cia  |  fbi  |  al-qaeda  |  wikileaks  |  barack obama  |  edward snowden  |  us  |  security  |  privacy

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