Wednesday, February 16, 2011

Spying On Those Who Support Wikileaks

Recently it was reviled that Bank of America hired internet security firms to discredit Wikileaks and its supporters with one person named that being Glenn Greenwald of Salon.com. One of the firms hired to spy on the those who support Wikileaks was supplied by the U.S. Justice Department.



Given my involvement in this story, I’m going to defer to others in terms of the reporting. But — given the players involved and the facts that continue to emerge — this story is far too significant to allow to die due to lack of attention. Many of the named targets are actively considering commencing civil proceedings (which would entail compulsory discovery) as well as ethical grievances with the relevant Bar associations. As the episode with Palantir demonstrates, simply relying on the voluntary statements of the corporations involved ensures that the actual facts will remain concealed if not actively distorted. The DOJ ought to investigate this as well, but for reasons I detailed on Friday, that is unlikely in the extreme. Entities of this type routinely engage in conduct like this with impunity, and the serendipity that led to their exposure in this case should be seized to impose some accountability. That this was discovered through a random email hack — and that these firms felt so free to propose these schemes in writing and, at least from what is known, not a single person raised any objection at all — underscores how common this behavior is.

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