Are there adequate procedures in the NSA for staff to signal wrongdoing? - Unfortunately not. The culture within the US Intelligence Community is such that reporting serious concerns about the legality or propriety of programs is much more likely to result inyour being flagged as a troublemaker than to result in substantive reform. We should remember that many of these programs were well known to be problematic to the legal offices of agencies such as the GCHQ and other oversight officials. According to their own documents, the priority of the overseers is not to assure strict compliance with the law and accountability for violations of law, but rather to avoid, and I quote, damaging public debate, to conceal the fact that for-profit companies have gone well beyond what is legally required of them, and to avoid legal review of questionable programs by open courts. (theguardian/uk- news/2013/oct/25/leaked-memos-gchq-mass-surveillance-secret-snowden) In my personal experience, repeatedly raising concerns about legal and policy matters with my co-workers and superiors resulted in two kinds of responses. The first were well-meaning but hushed warnings not to rock the boat, for fear of the sort of retaliation that befell former NSA whistleblowers like Wiebe, Binney, and Drake. All three men reported their concerns through the official, approved process, and all three men were subject to armed raids by the FBI and threats of criminal sanction. Everyone in the Intelligence Community is aware of what happens to people who report concerns about unlawful but authorized operations. The second were similarly well-meaning but more pointed suggestions, typically from senior officials, that we should let the issue be someone elses problem. Even among the most senior individuals to whom I reported my concerns, no one at NSA could ever recall an instance where an official complaint had resulted in an unlawful program being ended, but there was a unanimous desire to avoid being associated with such a complaint in any form. Do you feel you had exhausted all avenues before taking the decision to go public? - Yes. I had reported these clearly problematic programs to more than ten distinct officials, none of whom took any action to address them. As an employee of a private company rather than a direct employee of the US government, I was not protected by US whistleblower laws, and I would not have been protected from retaliation and legal sanction for revealing classified information about lawbreaking in accordance with the recommended process. It is important to remember that this is legal dilemma did not occur by mistake. US whistleblower reform laws were passed as recently as 2012, with the US Whistleblower Protection Enhancement Act, but they specifically chose to exclude Intelligence Agencies from being covered by the statute. President Obama also reformed a key executive Whistleblower regulation with his 2012 Presidential Policy Directive 19, but it exempted Intelligence Community contractors such as myself. The result was that individuals like me were left with no proper channels.
Posted on: Sat, 08 Mar 2014 10:54:18 +0000
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