Gavin Howe
In 2013, Edward Snowden revealed the existence of previously classified mass intelligence-gathering surveillance programs run by the U.S. National Security Agency (NSA) and the U.K.’s Government Communications Headquarters (GCHQ). Snowden was charged with espionage by the U.S. government and fled the country. However, in 2020, a U.S. court ruled that the NSA's mass surveillance program was illegal, vindicating Snowden's decision to go public with the information.
| Characteristics | Values |
|---|---|
| Whistleblower protection | Little to no protection for employees and contractors of national security agencies |
| Constitutionality | NSA's mass surveillance programs ruled likely unconstitutional |
| Espionage | Snowden charged with espionage by the US government |
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What You'll Learn
Intelligence technology for unofficial purposes
Edward Snowden is a whistleblower who leaked documents about the NSA's surveillance of citizens. Snowden took files from the NSA and leaked them to journalists, revealing the extent of the organisation's surveillance of ordinary citizens.
Snowden's actions broke US laws and he was charged with a political crime. However, he has not been jailed because he sought asylum in a non-extraditing country.
Some argue that Snowden's actions were justified because they brought to light government abuses of power and the mistreatment of citizens' rights. They argue that any laws that allow the government to cover up such abuses are illegitimate and have no moral force.
Others criticise Snowden for breaking the law, regardless of his motivations or the content of the leaked documents.
The specific laws that Snowden broke are not clear, but his actions involved the use of intelligence technology for unofficial purposes and the leaking of classified information.
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Taking files out of the NSA
Edward Snowden broke US laws when he took files out of the NSA and leaked them to journalists. He was charged with a political crime, but because he went to a non-extraditing country and was granted asylum, he is not in jail.
Snowden's actions revealed the NSA's surveillance of ordinary citizens, which some argue is a good thing, no matter what laws he broke to do so. Any law or regulation that provides cover for government abuse of citizens' rights is illegitimate and has no moral force. Snowden's actions brought government abuses of power to light, and some argue that this was the right thing to do, regardless of his motivation or the laws he broke.
The specific laws that Snowden broke are not entirely clear, but it is likely that he violated laws related to intelligence technology and the handling of classified information. It is also possible that he broke laws related to whistleblowing and leaking information, as these are controversial topics with varying legal interpretations.
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Leaking documents to journalists
Edward Snowden leaked documents to journalists revealing the depth and breadth of the NSA's surveillance of citizens. Snowden used intelligence technology for unofficial purposes, taking files out of the NSA and leaking them to journalists. This was a breach of US law, and Snowden was charged with a political crime. However, because he went to a non-extraditing country and was granted asylum, he is not in jail.
Some argue that Snowden's actions were justified, as they brought to light government abuses of power and the mistreatment of citizens' rights. Any laws that allow the government to cover up such abuses are seen as illegitimate and anathema to the social contract, which establishes that the government exists to protect citizens' rights, not abuse or deny them.
Snowden's actions have sparked debate about the role of whistleblowers and the balance between national security and transparency. While some view Snowden as a traitor, others see him as a hero for exposing the NSA's surveillance practices, which many believe violated the First and Fourth Amendments of the US Constitution.
The legal implications of Snowden's actions are complex, and opinions vary on whether he should be punished or praised. Snowden himself differentiates between leaking and whistleblowing, believing that his actions fall into the latter category.
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Violation of the First Amendment
The First Amendment protects freedom of speech, and it has been argued that the Espionage Act used against Edward Snowden clashes with these protections. However, this protection is not absolute – the benefit to the public from a disclosure must outweigh the government’s need for secrecy.
Snowden revealed the existence of previously classified mass intelligence-gathering surveillance programs run by the U.S. National Security Agency (NSA) and the U.K.’s intelligence organization, Government Communications Headquarters (GCHQ). He was charged with espionage by the U.S. government and fled the country, living in exile in Moscow.
At the time Snowden blew the whistle, U.S. law provided little to no whistleblower protection for employees and contractors of national security agencies, who are not covered by standard federal employee whistleblower protection laws. In late 2012, President Obama signed the executive order, Presidential Policy Directive 19 or PPD-19, which created administrative procedures to protect whistleblowers who work for U.S. intelligence agencies, including the NSA, CIA, DNI and the Defense Intelligence Agency.
Snowden himself is confident about the positive impact of his disclosures. In a 2019 interview with The Guardian, Snowden said, “we live in a better, freer and safe world because of the revelations of mass surveillance”.
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Violation of the Fourth Amendment
Edward Snowden was charged with a political crime after leaking documents from the National Security Agency (NSA) that detailed government surveillance in the US and abroad. The documents revealed an NSA program for the bulk collection of the phone records of Americans, which prompted concern and criticism from citizens and Congress.
Snowden's actions also ignited a larger conversation about the constitutionality of federal online surveillance programs and the Fourth Amendment. Snowden himself has said that the Fourth Amendment "no longer exists", as the US government has decided in secret and without any public debate to separate the search and seizure aspects of the amendment. This means that all of our data can be collected without any suspicion of wrongdoing on our part, without any underlying justification.
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Frequently asked questions
Snowden revealed that the NSA was building a vast database of US telephone records, including the who, the how, the when and the where of millions of mobile calls. This was ruled as likely unconstitutional by a US federal judge.
Snowden said his "breaking point" was "seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress". He also believed that the NSA's mass surveillance programs would not withstand a constitutional challenge.
Snowden was charged with espionage by the US government and fled the country. He still faces US espionage charges.
