What is, and isn’t, espionage

Greenwald nails it. Here’s an interesting fact about Espionage Act charges, btw:

Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined. How can anyone justify that?

And more:

The Terrorists already knew, and have long known, that the US government is doing everything possible to surveil their telephonic and internet communications. The Chinese have long known, and have repeatedly said, that the US is hacking into both their governmental and civilian systems (just as the Chinese are doing to the US). The Russians have long known that the US and UK try to intercept the conversations of their leaders just as the Russians do to the US and the UK.

They haven’t learned anything from these disclosures that they didn’t already well know. The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true. What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.

I don’t fall into the trap of thinking either McCain or Romney would have been better here; the GOP theory of government power is typically far more offensive to me than the Democratic one – and, besides, everyone inside the Beltway is already lining up to pillory Snowden. The accord the parties find themselves in over this issue is part of the problem.

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