Skip to main content

Leakers and governments should work together

By Bruce Schneier, Special to CNN
November 6, 2013 -- Updated 1141 GMT (1941 HKT)
National Security Agency leaker Edward Snowden poses with German Green party parliamentarian Hans-Christian Stroebele in Moscow on October 31. Stroebele returned from the meeting with a letter from Snowden to German authorities, which was distributed to the media. In it, Snowden said he is confident that with international support, the United States would abandon its efforts to "treat dissent as defection" and "criminalize political speech with felony charges." National Security Agency leaker Edward Snowden poses with German Green party parliamentarian Hans-Christian Stroebele in Moscow on October 31. Stroebele returned from the meeting with a letter from Snowden to German authorities, which was distributed to the media. In it, Snowden said he is confident that with international support, the United States would abandon its efforts to "treat dissent as defection" and "criminalize political speech with felony charges."
HIDE CAPTION
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
NSA leaker Edward Snowden
<<
<
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
>
>>
STORY HIGHLIGHTS
  • Bruce Schneier: In today's world, massive leaks of secrets should be expected
  • It may seem odd, but governments should negotiate with leakers, he says
  • Schneier: It's in everyone's interest to avoid unnecessary disclosure of secrets
  • Governments could negotiate what amounts to a plea bargain

Editor's note: Bruce Schneier is a security technologist and author of "Liars and Outliers: Enabling the Trust Society Needs to Thrive." He is working with Glenn Greenwald on analyzing the Snowden documents.

(CNN) -- In the Information Age, it's easier than ever to steal and publish data. Corporations and governments have to adjust to their secrets being exposed, regularly.

When massive amounts of government documents are leaked, journalists sift through them to determine which pieces of information are newsworthy, and confer with government agencies over what needs to be redacted.

Managing this reality is going to require that governments actively engage with members of the press who receive leaked secrets, helping them secure those secrets -- even while being unable to prevent them from publishing. It might seem abhorrent to help those who are seeking to bring your secrets to light, but it's the best way to ensure that the things that truly need to be secret remain secret, even as everything else becomes public.

Bruce Schneier
Bruce Schneier

The WikiLeaks cables serve as an excellent example of how a government should not deal with massive leaks of classified information.

WikiLeaks has said it asked U.S. authorities for help in determining what should be redacted before publication of documents, although some government officials have challenged that statement. WikiLeaks' media partners did redact many documents, but eventually all 250,000 unredacted cables were released to the world as a result of a mistake.

The damage was nowhere near as serious as government officials initially claimed, but it had been avoidable.

Snowden: I did world a public service
Edward Snowden: I'm no criminal

Fast-forward to today, and we have an even bigger trove of classified documents. What Edward Snowden took -- "exfiltrated" is the National Security Agency term -- dwarfs the State Department cables, and contains considerably more important secrets. But again, the U.S. government is doing nothing to prevent a massive data dump.

The government engages with the press on individual stories. The Guardian, The Washington Post, and The New York Times are all redacting the original Snowden documents based on discussions with the government. This isn't new. The U.S. press regularly consults with the government before publishing something that might be damaging. In 2006, The New York Times consulted with both the NSA and the Bush administration before publishing Mark Klein's whistle-blowing about the NSA's eavesdropping on AT&T trunk circuits. In all these cases, the goal is to minimize actual harm to U.S. security while ensuring the press can still report stories in the public interest, even if the government doesn't want it to.

In today's world of reduced secrecy, whistle-blowing as civil disobedience, and massive document exfiltrations, negotiations over individual stories aren't enough. The government needs to develop a protocol to actively help news organizations expose their secrets safely and responsibly.

Here's what should have happened as soon as Snowden's whistle-blowing became public. The government should have told the reporters and publications with the classified documents something like this: "OK, you have them. We know that we can't undo the leak. But please let us help. Let us help you secure the documents as you write your stories, and securely dispose of the documents when you're done."

The people who have access to the Snowden documents say they don't want them to be made public in their raw form or to get in the hands of rival governments. But accidents happen, and reporters are not trained in military secrecy practices.

Copies of some of the Snowden documents are being circulated to journalists and others. With each copy, each person, each day, there's a greater chance that, once again, someone will make a mistake and some -- or all -- of the raw documents will appear on the Internet. A formal system of working with whistle-blowers could prevent that.

I'm sure the suggestion sounds odious to a government that is actively engaging in a war on whistle-blowers, and that views Snowden as a criminal and the reporters writing these stories as "helping the terrorists." But it makes sense. Harvard law professor Jonathan Zittrain compares this to plea bargaining.

The police regularly negotiate lenient sentences or probation for confessed criminals in order to convict more important criminals. They make deals with all sorts of unsavory people, giving them benefits they don't deserve, because the result is a greater good.

In the Snowden case, an agreement would safeguard the most important of NSA's secrets from other nations' intelligence agencies. It would help ensure that the truly secret information not be exposed. It would protect U.S. interests.

Why would reporters agree to this? Two reasons. One, they actually do want these documents secured while they look for stories to publish. And two, it would be a public demonstration of that desire.

Why wouldn't the government just collect all the documents under the pretense of securing them and then delete them? For the same reason they don't renege on plea bargains: No one would trust them next time. And, of course, because smart reporters will probably keep encrypted backups under their own control.

We're nowhere near the point where this system could be put into practice, but it's worth thinking about how it could work. The government would need to establish a semi-independent group, called, say, a Leak Management unit, which could act as an intermediary. Since it would be isolated from the agencies that were the source of the leak, its officials would be less vested and -- this is important -- less angry over the leak. Over time, it would build a reputation, develop protocols that reporters could rely on. Leaks will be more common in the future, but they'll still be rare. Expecting each agency to develop expertise in this process is unrealistic.

If there were sufficient trust between the press and the government, this could work. And everyone would benefit.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Bruce Schneier.

ADVERTISEMENT
Part of complete coverage on
October 31, 2014 -- Updated 1819 GMT (0219 HKT)
As a woman whose parents had cancer, I have quite a few things to say about dying with dignity.
October 31, 2014 -- Updated 1304 GMT (2104 HKT)
David Gergen says he'll have a special eye on a few particular races in Tuesday's midterms that may tell us about our long-term future.
October 31, 2014 -- Updated 1452 GMT (2252 HKT)
What's behind the uptick in clown sightings? And why the fascination with them? It could be about the economy.
October 31, 2014 -- Updated 1301 GMT (2101 HKT)
Midterm elections don't usually have the same excitement as presidential elections. That should change, writes Sally Kohn.
October 30, 2014 -- Updated 1539 GMT (2339 HKT)
Mike Downey says the Giants and the Royals both lived through long title droughts. What teams are waiting for a win?
October 30, 2014 -- Updated 1832 GMT (0232 HKT)
Mel Robbins says if a man wants to talk to a woman on the street, he should follow 3 basic rules.
October 29, 2014 -- Updated 2103 GMT (0503 HKT)
Peter Bergen and David Sterman say more terrorism plots are disrupted by families than by NSA surveillance.
October 29, 2014 -- Updated 2125 GMT (0525 HKT)
Time magazine has clearly kicked up a hornet's nest with its downright insulting cover headlined "Rotten Apples," says Donna Brazile.
October 29, 2014 -- Updated 2055 GMT (0455 HKT)
Leroy Chiao says the failure of the launch is painful but won't stop the trend toward commercializing space.
October 29, 2014 -- Updated 1145 GMT (1945 HKT)
Timothy Stanley: Though Jeb Bush has something to offer, another Bush-Clinton race would be a step backward.
October 28, 2014 -- Updated 1237 GMT (2037 HKT)
Errol Louis says forced to choose between narrow political advantage and the public good, the governors showed they are willing to take the easy way out over Ebola.
October 27, 2014 -- Updated 1803 GMT (0203 HKT)
Eric Liu says with our family and friends and neighbors, each one of us must decide what kind of civilization we expect in the United States. It's our responsibility to set tone and standards, with our laws and norms
October 27, 2014 -- Updated 1145 GMT (1945 HKT)
Sally Kohn says the UNC report highlights how some colleges exploit student athletes while offering little in return
October 26, 2014 -- Updated 1904 GMT (0304 HKT)
Terrorists don't represent Islam, but Muslims must step up efforts to counter some of the bigotry within the world of Islam, says Fareed Zakaria
October 24, 2014 -- Updated 1302 GMT (2102 HKT)
Scott Yates says extending Daylight Saving Time could save energy, reduce heart attacks and get you more sleep
October 27, 2014 -- Updated 0032 GMT (0832 HKT)
Reza Aslan says the interplay between beliefs and actions is a lot more complicated than critics of Islam portray
ADVERTISEMENT