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US drone whistleblower Daniel Hale sentenced to 45 months in prison
27 Jul, 2021 17:42
A Predator drone is prepared for operations in this November 9, 2001 file photo at an undisclosed location.
© US Air Force/Handout
Daniel Hale, a former US Air Force intelligence analyst who leaked information about civilian deaths caused by drone strikes overseas, has been sentenced to almost four years in prison under the Espionage Act.
US District Judge Liam O’Grady passed the sentence on Tuesday in a federal court in Alexandria, Virginia, saying that the 45-month sentence was needed as a deterrent to others from disclosing government secrets. O’Grady told Hale he had other options than to share classified documents with a reporter.
Under the plea deal, Hale faced up to 10 years in prison – far less than the 50 years the original charges would have carried, had he gone to trial.
Other whistleblowers such as Edward Snowden, John Kiriakou, Daniel Ellsberg and WikiLeaks have advocated on Hale’s behalf, but prominent human rights organizations such as the ACLU and PEN have mostly remained silent. Freedom of the Press Foundation called his punishment “shamefully excessive.”
The ACLU reacted after the sentencing, saying Hale "helped the public learn about a lethal program that never should have been kept secret. He should be thanked, not sentenced as a spy."
As Kiriakou told RT in April, prosecuting whistleblowers under the Espionage Act robs them of the opportunity to explain their motivations.
“He did it because he was exposing a war crime. He is not allowed to say that. And he really doesn't have any chance of acquittal,” Kiriakou said.
While working as a private contractor, Hale leaked a number of documents to the Intercept’s Jeremy Scahill, showing the extent to which President Barack Obama’s drone warfare program in places like Afghanistan, Pakistan and Yemen resulted in civilian casualties.
Documents showed that, of the 200 people killed between January 2012 and February 2013, only 35 were the intended targets. During one five-month period, nearly 90% of those killed were innocents, who were nonetheless classified as “enemies killed in action.”
Hale is the third Intercept source to be arrested and put on trial by US authorities. The FBI’s Terry Albury and the NSA’s Reality Winner – only recently released on parole for good behavior – were both caught due to errors on part of the outlet’s staff. It wasn’t clear whether the same happened to Hale, but his attorney blamed “failure of source protection” for his 2014 arrest.
Snowden skewers Big Tech, ‘amoral’ capital firms for enabling
‘Insecurity Industry’ & calls for urgent action before it’s too late
27 Jul, 2021 12:00
Warning that companies that claim to protect national security are the “greatest danger” to it, Edward Snowden has urged the dismantling of this ‘Insecurity Industry’ by banning trade in intrusive software and penalizing enablers.
In a searing post on his blog, ‘Continuing Ed’, the NSA whistleblower pointed to the Pegasus scandal as a “turning point” that exposed the “fatal consequences” of private-sector companies like the NSO Group that are part of this “out-of-control” industry – whose “sole purpose is the production of vulnerability.”
“The phone in your hand exists in a state of perpetual insecurity, open to infection by anyone willing to put money in the hand of this new Insecurity Industry,” Snowden noted, adding that its clients range from countries to “sex-criminal Hollywood producers who can dig a few million out of their couch cushions.”
The entirety of this industry’s business involves cooking up new kinds of infections that will bypass the very latest digital vaccines (security updates) and then selling them to countries that occupy the red-hot intersection of a Venn Diagram between ‘desperately craves the tools of oppression’ and ‘sorely lacks the sophistication to produce them domestically.’
As news of the Pegasus scandal broke last week, it emerged that over 50,000 phones were infected by Israeli surveillance firm NSO Group’s flagship malware. Many of the numbers on the leaked list reportedly belong to political opponents of these client countries.
The former US intelligence contractor described the mobile ecosystem as a “dystopian hellscape of end-user monitoring and outright end-user manipulation.” Similarly, he stated that the world is “in the midst of the greatest crisis of computer security in computer history.”
This is partly because, he noted, software developers and device manufacturers like “Apple, Google, Microsoft (and) miserly chipmakers who want to sell...not fix things” are still writing code in “unsafe” programming languages because it is easier and more cost-effective than modernizing.
In recent years, both Google and Microsoft engineers have said that roughly 70% of all serious security bugs in the Chrome codebase and Microsoft products respectively are related to memory safety problems – that Snowden puts down to the lack of incentive to switch to a safer programming language.
“The vast majority of vulnerabilities that are later discovered and exploited by the Insecurity Industry are introduced, for technical reasons related to how a computer keeps track of what it’s supposed to be doing, at the exact time the code is written,” he noted.
As examples of “incentivizing change,” Snowden suggests that “defining legal liability for bad code in a commercial product” would give Microsoft a “heart attack.” As well, he noted, make Facebook legally liable for any leaks of its users’ “unnecessarily collected” personal records and “Mark Zuckerberg would start smashing the delete key.”
Similar liability clauses needed to be applied to “amoral” global capital firms that bankroll companies like the NSO Group. Without these funds, Snowden noted, neither the scale nor the global consequences of ‘Insecurity industry’ activities would be possible.
However, the “first digital step” must be to “ban the commercial trade in intrusion software.” By “eliminating the profit motive” there would be a reduction in the risk of proliferation by private companies while preserving avenues for genuine research.
“If we don’t do anything to stop the sale of this technology, it’s not just going to be 50,000 targets: It’s going to be 50 million targets, and it’s going to happen much more quickly than any of us expect,” Snowden noted, warning of a future where “people (are) too busy playing with their phones to even notice that someone else controls them.”
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