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Wired News: Why We Published the AT&T Docs

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Wired News: Why We Published the AT&T Docs
Topic: Civil Liberties 2:34 pm EDT, May 22, 2006

AT&T claims information in the file is proprietary and that it would suffer severe harm if it were released.

Based on what we've seen, Wired News disagrees. In addition, we believe the public's right to know the full facts in this case outweighs AT&T's claims to secrecy.

Wired has now published ALL of the AT&T documents. I agree with Wired that this information doesn't create a competitive problem for AT&T. AT&T is playing the proprietary card for technical reasons. I also don't think that publishing this information harms national security. Basically, yawn, there is nothing here that indicates that this is anything more then a CALEA compliance room. Mind you, the problem with CALEA is that it creates all of the infrastructure needed to allow access to all of the content, and anyone who had access to the content, or possibly anyone who can guess your SNMPv3 password, can pretty much do whatever they want with it so long as they don't get caught. This is why civil libertarians opposed CALEA. However, proving that the intercepts in this case aren't lawful is going to take more evidence than this.

Suggested reading on Prior Restraint:

* New York Times v. United States (403 U.S. 713) - Pentagon Papers case

The only effective restraint upon executive policy and power in the areas of national defense and international affairs may lie in an enlightened citizenry.

Because of the importance of these rights, any prior restraint on publication comes into court under a heavy presumption against its constitutional validity.

* United States v. Progressive (467 F. Supp. 990) - H-Bomb Case

This case is different in several important respects. In the first place, the study involved in the New York Times case contained historical data relating to events that occurred some three to twenty years previously. Secondly, the Supreme Court agreed with the lower court that no cogent reasons were advanced by the government as to why the article affected national security except that publication might cause some embarrassment to the United States.

The Secretary of State states that publication will increase thermonuclear proliferation and that this would "irreparably impair the national security of the United States." The Secretary of Defense says that dissemination of the Morland paper will mean a substantial increase in the risk of thermonuclear proliferation and lead to use or threats that would "adversely affect the national security of the United States."

Defendants have stated that publication of the article will alert the people of this country to the false illusion of security created by the government's futile efforts at secrecy. They believe publication will provide the people with needed information to make informed decisions on an urgent issue of public concern.

The title of this Wired article is a reference to the issue of The Progressive that revealed the Teller-Ulam design. "The H-Bomb Secret: How we got it, why we're telling it"

Wired News: Why We Published the AT&T Docs



 
 
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