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Panama Papers source issues statement

panamapapers.icij.org

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Re: Panama Papers source issues statement

#81

Earlier quoted context omitted.

"is that virtually all of what Snowden revealed is illegal action on the part of the government[0]" That's nonsense. Snowden revealed both legal and illegal behavior. In the U.S., as in most countries, it's totally legal to spy on foreign countries for political or economic intelligence. Whereas, it's illegal to spy on our own citizens in the U.S.. Snowden leaked both with full details on how they did it to point opp…

I would argue that's only true depending on where you stand. (and I mean that quite literally, as in Where are you from, what country do you live in?) If you're the state of Germany, they probably don't think it's legal for others to spy on them. That's certainly true in the US. And of course you'll argue that it was a US citizen reporting on US gov't affairs. But, isn't a whistleblower someone who believe they are s…

Now, this was the first, thoughtful reply I got in this. I'm addressing it last as it deserves a bit more thought. Let's look at the points.

" If you're the state of Germany, they probably don't think it's legal for others to spy on them."

It's true. An NSA proponent we shred on Schneier's blog made one good point: each country makes spying on everyone else legal for them but makes it illegal for anyone to spy on them. I call this The Game where they all gripe if they're getting spied on but keep doing it themselves for the benefits. Truth told, major nations have to do it just to break even or else they're going to loose contracts/territory to better equipped nations. NSA always claimed countering that sort of stuff was all they did at economic level with rest being political negotiations and self-defense against threats. I know, I know... ;) Yet, that probably-false claim is a good idea of what spying nations find acceptable in reality and don't do anything besides punishing individual spies as long as it's within the unspoken rules of the game.

"But, isn't a whistleblower someone who believe they are serving the common good by uncovering illegal, immoral and unethical behavior?"

Yes. The Panama Papers, Pentagon Papers, Snowden's leaks of unconstitutional behavior, Snowden's foreign leaks of destroying an ally's telecom (Belgium)... these kinds of things are illegal and abusive to the point they should be leaked. Key factor is they go against what country's citizens has deemed acceptable and endorsed. We're fine with them recording chancellors, business negotiations, whatever to look out for us. Disrupting innocent parties, breaking their oaths to us, selling individual companies' secrets, and so on? Not part of any deal I was made aware of between U.S. voters and intelligence community.

"Can it not be argued that Snowden was helping out the countries (especially our allies) that there government and people were also being spied on? "

Reality: over twenty nations spy on us even stealing our I.P. for their nations' benefits and trying to rig foreign contracts. Many of them are "allies." It's just the real-world in action. They want us to not spy on them? Then they need to disband their own spy agencies or imprison anyone caught spying on us.

"you spy on our citizens, which we can't do as it's illegal, and we will spy on your citizens"

Very worth whistleblowing. I've called out NSA & GHCQ on that for years as have Brits I know. They can't collect info on their own. I don't care how many intermediaries they put between point A and B. Just tells me how guilty their intent was. :)

"If Snowden is a traitor, what does that make the NSA?"

I said Snowden is a whistleblower and traitor depending on specific leaks. This polarization people do is childish and unrealistic. People, organizations, are often a mixed bag. NSA is an organization that has many honest people working to get legal intelligence or more rarely protect us from hacking. It's also got its share of scumbags and illegal activity that betrays its oath to Americans and mandate. Reward the good, punish the bad, and increase accountability where needed. Always my answer.

Re: Panama Papers source issues statement

#82
post #6

There's a lot to parse in that statement, but the call for whistleblower protections seems to be the single most important (and achievable) item. Most people are aware of Snowden and Manning, but it really surprises me that these haven't been reported more: "Bradley Birkenfeld was awarded millions for his information concerning Swiss bank UBS—and was still given a prison sentence by the Justice Department. Antoine De…

I was unaware of - and totally flabbergasted by - the Birkenfeld case. His boss, who did not come forward at all, served 5 months probation and paid a $100 fine. Another extradited executive was not found guilty of anything. The tax evading client Birkenfeld helped (that was the basis for Birkenfeld's prosecution) paid a fine but served no jail time. It's not that whistleblowers aren't receiving protections - it's th…

Shoot the messenger.

https://en.wikipedia.org/wiki/Shooting_the_messenger

Re: Panama Papers source issues statement

#83

Earlier quoted context omitted.

Where's the evidence that his info leaks actually damaged American ops? Oh, right, it comes in the form of testimony from the NSA, CIA, etc... and we all know they never lie. Hope you get it now.

The spy agencies of foreign countries published all the details at http://are.youkidding.com . Go check it out for details. Meanwhile, a rational perdon should assume that if (a) a major method/weakness for NSA surveillance is published then (b) defenders will start addressing that hole/weakness. Further, the proof of subversion for America, but not others doing espionage, means America took a huge financial hit as p…

Right, so no evidence that Snowden's leaks hurt American ops. Sure, we can infer that the terrorists (or whoever) may have tweaked their opsec in response, but it's not like that will drive them to do anything that wasn't simply an opsec best practice all along. If the NSA was simply relying on people being sloppy (not using encryption, etc.) and that changed, well... that was inevitable over time anyway.

As for backdoors in routers, etc... again, it was always just a matter of time until that stuff got caught. And it's not like people haven't always suspected that they were doing that stuff.

And even if some small percentage of what Snowden leaked did harm US operations somehow... I'd argue that it was justified in light of the big picture, in regards to the illegal stuff. Finding out about mass surveillance of US citizens, etc., justifies any collateral damage the spook complex may have suffered, as far as I'm concerned.

Re: Panama Papers source issues statement

#84

But most of all, the legal profession has failed. Democratic governance depends upon responsible individuals throughout the entire system who understand and uphold the law, not who understand and exploit it. Sigh. One of the most puzzling questions I have to deal with in my mind. Why is there so little moral left in this world?

I think it is a bullshit indictment. I'm a corporate lawyer who does a lot of cross borders work. I'm ethical - the lawyers I work with are ethical. The vast majority of lawyers are ethical. If anything, the Panama Papers should be an object lesson that one firm or group of lawyers can be responsible for a huge proportion of activity in a given sector. Do you think, for a minute, that other firms have this astounding…

Would you mind explaining what he meant when he said "[...] there is now no denying that lawyers can no longer be permitted to regulate one another." I don't know anything about the law so I don't understand how lawyers are regulating themselves.

Re: Panama Papers source issues statement

#85

Earlier quoted context omitted.

He's not a traitor because a subset of the things he leaked were actually legal. In fact, the legal stuff may be more damning for the government, since there's even less justification for the government to avoid transparency and accountability for things are are legal. Say the CIA spied on, oh, I don't know, Toyota. And they got some good designs for a new engine or fuel injector or something. Legal, possibly? OK.. n…

"He's not a traitor because a subset of the things he leaked were actually legal." Strawman this time. You m are fun. He's a traitor because he leaked national secrets critical to ongoing operations that were legal and mandated. Further, Americans approved of NSA spying on foreign countries as they know it works both ways. Hope you get it now. Violating classified info laws in a way that damages American ops but does…

Legality aside, those ongoing operation are Un-American and many reasonable people, perhaps a majority, in this democracy of ours never had chance to vote or have any say in their creation.

Then taking into account legality, many consider them a violation of the 4th amendment. And again such a policy was instituted without ever a public discussion in relation to the constitution.

Someone revealing such policy to the Democracy it was forced on can never be a traitor.

Re: Panama Papers source issues statement

#86
post #6

There's a lot to parse in that statement, but the call for whistleblower protections seems to be the single most important (and achievable) item. Most people are aware of Snowden and Manning, but it really surprises me that these haven't been reported more: "Bradley Birkenfeld was awarded millions for his information concerning Swiss bank UBS—and was still given a prison sentence by the Justice Department. Antoine De…

I'd think it's the least achievable thing of all. Governments will happily pass laws to {increase transparency / reduce privacy} and will happily pass laws that {add new taxes / close tax loopholes}, because these things align with their pre-existing agendas. They will not, under any circumstances, make it easier to engage in whistleblowing and especially not large data dumps, because governments absolutely do not wa…

Maybe you should read more about these panama papers before saying he is walking a thin line.

Re: Panama Papers source issues statement

#87
post #47

The call for whistleblower protection is important, but it'll never happen. The powers-that-be don't want to encourage whistleblowers. What may change their mind is if all the data were made public. Since whistleblowers have not much protections, their only protection right now is to release everything on the 'net, anonymously. Now, clearly this is not a good idea, as in many cases there will be collateral damage. Bu…

This is correct. There is Government, but then there are the secret powers-that-be that pull governments' strings. And they can't work effectively to further their own ends while in the light of public scrutiny.

I don't like this attitude. In fact, some whistleblower protection laws already exist (whistleblower protection act).

I'm sure there are forces that act on politicians other than loyalty to their constituents, but there's no reason in the American democracy we couldn't (theoretically) get to a point where we elect representatives who understand the importance of whistleblower protection and care more about their constituents than other influences.

Re: Panama Papers source issues statement

#88
post #50
post #33

Earlier quoted context omitted.

Nature by default doesn't have nuclear weapons, stock exchanges, global supply chains, industrial manufacturing, central banks, etc. Humans need morals (and norms more generally) in order to ensure that the above serve us rather than hurt us. Morals are a cultural technology like language or counting, and like those they may be (at least in their strong form) uniquely human.

>>Nature by default doesn't have nuclear weapons.... While I agree with your sentiment, just would like to point this out that nature does have nuclear weapons, pretty scary ones for that matter: the stars. Also, if we take these things to their logical conclusion, then the nuclear weapons created by human beings are, of course, created by nature - in this case, indirectly, using the humans. This is just to point out…

These are nuclear, but not weapons. Nature doesn't have an enemy.

Re: Panama Papers source issues statement

#89

Earlier quoted context omitted.

The spy agencies of foreign countries published all the details at http://are.youkidding.com . Go check it out for details. Meanwhile, a rational perdon should assume that if (a) a major method/weakness for NSA surveillance is published then (b) defenders will start addressing that hole/weakness. Further, the proof of subversion for America, but not others doing espionage, means America took a huge financial hit as p…

Right, so no evidence that Snowden's leaks hurt American ops. Sure, we can infer that the terrorists (or whoever) may have tweaked their opsec in response, but it's not like that will drive them to do anything that wasn't simply an opsec best practice all along. If the NSA was simply relying on people being sloppy (not using encryption, etc.) and that changed, well... that was inevitable over time anyway. As for back…

"Right, so no evidence that Snowden's leaks hurt American ops."

The ops are classified so it's a bogus point anyway. You're requiring them to commit a felony to prove specific damage. Further, you've already dismissed anything coming from spy agencies as a lie. You've set that line of questioning up to be a fail no matter what they show you. The only exception I'm seeing is a 3rd party or foreign nation detects their ops, then reports on it. Kaspersky already did with Equation Group plus used Snowden leaks to show it was probably NSA.

Anyway, we don't need them to publish anything. Just answer quick question: do you believe that the Snowden leaks improved people's ability to resist NSA surveillance and increase privacy through technological responses? Does that include foreign businesses or governments? If so, then you are already admitting that it reduced NSA surveillance and impacted their operations. One follows the other logically. Either Snowden leaks had no effect on NSA spying, making him a fail outside of legal reform, or they did negatively impact NSA by disrupting their operations.

"even if some small percentage of what Snowden leaked did harm US operations somehow... I'd argue that it was justified in light of the big picture,"

He wasn't justified because he didn't have to leak it. That simple. He could've just leaked the ones that targeted Americans or showed gross abuse rather than a lot of what we already, as Americans, allowed NSA to do. Instead, he turned over everything to many foreign media.

Btw, do you remember why he did that? Did you ever read the reason? He gave two actually. One sheds a lot of light on whether he had to do this and just how heroic he really is.

Re: Panama Papers source issues statement

#90
I think their upcoming release is more interesting:

The International Consortium of Investigative Journalists will release on May 9 a searchable database with information on more than 200,000 offshore entities that are part of the Panama Papers investigation.

The data [...] includes information about companies, trusts, foundations and funds incorporated in 21 tax havens, from Hong Kong to Nevada in the United States. It links to people in more than 200 countries and territories.

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