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People are constantly seeking new and better ways to protect their
privacy and information in a digital era where hacking and leaking
information has become easier and more common. However, while hacking
personal information is condemned conduct, many, including journalists and
civil libertarians celebrate leaks of governmental information “as a source of
accountability and transparency, a check on executive power, and a
corrective to over-classification”. (Pozen, 2013 p.541) Therefore, leaks of
governmental information can be seen as both damaging and advantageous
for “some leaks highlight unflattering or disturbing conduct, some prompt
congressional scrutiny or media investigations, some reveal vulnerabilities
or degrade strategic advantage”. (Pozen, 2013 p.542) Leaking governmental
information is not a new phenomenon as government officials and
employees have at times leaked information to the media, such as the case
with the Pentagon Papers that were released to the media by Daniel
Ellsberg, former United States military and RAND Corporation Analyst.
However, advances in technology have increased the reach of hackers and
leakers who can access governmental servers, emails and even confidential
and top-secret information, and spread them for the entire world to see.
Since 2006, two major leakers have received endless media attention, stirred
controversy, jeopardized relationships between countries and, unexpectedly,
led to an increase in surveillance.
Increased Surveillance
Snowden’s disclosures and the scandal that followed promised “an
upcoming rollback of the techno-legal apparatus developed by the NSA, the
GCHQ and their counterparts to intercept and analyze large portions of the
world’s Internet traffic”. (Tréguer, 2017, p.25) as well as the relocation of
surveillance programs within the limits of the law. However in reality, what
happened was quite the opposite as the post-Snowden revelations period
witnessed an increase rather than a decrease in surveillance measures in several
countries. For “in spite of the widespread indignation by political actors and
civil society, the Snowden revelations have not led to extensive and tangible
policy changes”. (Audenhove and Pohle, 2017, p.2) Rather, some governments
found out that their own intelligence agencies have benefited from data
collection by the NSA and even that their own agencies have been using rather
dubious methods to gather excessive information. As a consequence, many
countries, including the US, implemented surveillance reforms in response to
the leaks. Yet most of the reforms “rather served to adapt the legal foundations
to the already existing practices or even to expand the agencies’ authority for
surveillance”. (Audenhove and Pohle, 2017, p.2) Therefore, instead of
reforming the system, the system became consolidated.
For instance, in 2016 the British Parliament passed the Investigatory
Powers Bills that, instead of limiting surveillance, legalized a range of tools for
prying and hacking by security services that had previously been illegal. A
similar situation can be seen in Germany where “amendments to the so-called
‘G-10 law’ were adopted to validate the large-scale surveillance powers of the
country’s foreign intelligence agency, the BND— also embroiled in the NSA
scandal”. (Tréguer, 2017, p.25) Furthermore, Snowden’s leaks served as a
justification for US’s adversaries to increase surveillance. For example, in 2014,
five Chinese military officers were indicted by the US on charges of hacking
into commercial networks. In response, the Chinese Ministry of National
Defense issued a statement accusing the US of being hypocritical, and stating
that “double standards of the United States regarding Internet security issues
have been abundantly obvious from WikiLeaks to the Snowden affair.” (The
New York Times, 2014) Therefore, Snowden’s leaks “served deeper Chinese
strategic interests in weakening U.S. ideas, interests, influence, and credibility
in cyberspace and cyber security matters in international politics.” (Fidler, 2015,
p.164) For, while the US has been vocal against China’s censorship and
surveillance of its citizens, after Snowden’s revelations, China felt comfortable
increasing surveillance as it now operates over 170 million CCTV cameras
across the country equipped with facial recognition software. According to a
BBC report, an estimated 400 million new cameras are to be installed in the
next three years (BBC, 2017)