June, 05 2014, 01:17pm EDT
For Immediate Release
Contact:
Dylan Blaylock, GAP Communications Director
Phone: 202.457.0034, ext. 137
Email: dylanb@whistleblower.org
On One-Year Anniversary of Snowden Disclosures, IC Contractors Lack Whistleblower Protections
WASHINGTON
Today marks the one-year anniversary of the first media report based on National Security Agency (NSA) contractor and Government Accountability Project (GAP) client Edward Snowden's disclosures. The whistleblower's revelations sparked a necessary debate over privacy and constitutional rights, and continue to expose the agency's intrusive and unconstitutional surveillance programs.
However, critics continue to proclaim that the whistleblower should have "worked within the system" to report the government's domestic surveillance program. This is a disingenuous and false suggestion. Snowden repeatedly raised concerns internally. More importantly, under current law, intelligence community (IC) government contractors lack any effective rights against retaliation when they report government waste, fraud, and abuse.
On this lack of protections, GAP Legal Director Tom Devine commented:
Intelligence contractor whistleblowers' only chance to defend themselves is in a hearing controlled by the same institutions retaliating against them. That was not always the case. Just six months before Snowden's disclosures began, the House Intelligence Committee removed existing protections for certain IC contractors. Repression is the primary factor causing classified media leaks, because there is no safe legal alternative.
GAP National Security & Human Rights Director Jesselyn Radack, who serves as legal counsel to Snowden, stated:
The best way for the government to stop leaks is to enact meaningful and effective whistleblower protection. It is appalling that a year after Snowden's history-changing disclosures, national security and intelligence contractors still have no viable channels through which they can expose fraud, waste, abuse and illegality.
Background and Need for Reform
Under current law, Intelligence Community (IC) government contractors remain defenseless in terms of genuine protection - an independent due process hearing or day in court - when they blow the whistle on government waste, fraud, abuse of authority, gross mismanagement or a violation of law. But whistleblowers are often the only witnesses to abuses of power that betray the public trust. It is imperative that Congress quickly fills this accountability loophole by providing IC contractors with safe channels to report government wrongdoing. In the absence of adequate protections, whistleblowers will likely remain silent observers of wrongdoing or resort to media disclosures.
Congress has recognized this principle twelve times since 2002 by including best practice whistleblower protections as enforcement cornerstones of major remedial laws. However, the most recent protections passed in the National Defense Authorization Act for FY13 cover all government contractors except those in the intelligence community, which were removed at the insistence of the House Permanent Select Committee on Intelligence (HPSCI). These protections included preexisting rights for defense contractors with access to classified information. Additionally, the Stimulus Law included model IC whistleblower protections for all recipient contracts of stimulus spending. However, those protections expired as stimulus spending came to an end. Recently, Presidential Policy Directive 19 included limited IC contractor rights.
Congressional champions are preparing an IC contractor whistleblower bill that would restore these rights and offer strong uniform whistleblower protections for contractors who disclose waste, fraud, gross mismanagement or a violation of law. If passed, this legislation would safeguard billions of taxpayer dollars in government contracts, grants and reimbursements annually, and it would incentivize IC contractor whistleblowers to work within the system. In its absence, we can only expect leaks to continue if HPSCI continues to successfully deny protections for whistleblowers that work through legal channels.
We only know enough to contemplate the current NSA reform because of public whistleblowing by Snowden, an intelligence contractor who had no specific protections for making legal, nonpublic disclosures. Importantly, Congress must be able to hear from insiders who have critical information regarding intelligence operations, whether the misconduct breaches security, threatens freedom, spreads corruption, or all of the above.
One of the great lessons of the Snowden disclosures has been that members of Congress have not been adequately overseeing these programs. Contractors on intelligence operations must have real protection for legitimate whistleblower disclosures made to Congress, congressional staff with appropriate security clearance, or government watchdogs. Further, it is not adequate only to protect disclosures made to the intelligence committees. Such a monopoly in information needed to conduct congressional oversight does not exist in any other context in the federal government.
There cannot be any doubt about the consequences from congressional action, or inaction, on whistleblower rights. Without authentic legal protections for making disclosures to Congress and government watchdogs, enforcement of the Constitution and privacy rights will remain an honor system for agencies that have been secretly abusing their power. To identify government abuse, Congress must extend best practice whistleblower protections to IC contractor workers.
The Government Accountability Project (GAP) is a 30-year-old nonprofit public interest group that promotes government and corporate accountability by advancing occupational free speech, defending whistleblowers, and empowering citizen activists. We pursue this mission through our Nuclear Safety, International Reform, Corporate Accountability, Food & Drug Safety, and Federal Employee/National Security programs. GAP is the nation's leading whistleblower protection organization.
LATEST NEWS
Congressional Progressives Unveil 'Bold' Agenda for Second Biden Term
The Congressional Progressive Caucus says its legislative blueprint for 2025 and beyond aims to "deliver equality, justice, and economic security for working people."
Apr 18, 2024
The Congressional Progressive Caucus on Thursday published a "comprehensive domestic policy legislative agenda" for U.S. President Joe Biden's possible second White House term that seeks to "deliver equality, justice, and economic security for working people."
The CPC's Progressive Proposition Agenda is a seven-point plan aimed at lowering the cost of living, boosting wages and worker power, advancing justice, combating climate change and protecting the environment, strengthening democracy, breaking the corporate stranglehold on the economy, and bolstering public education.
"Progressives are proud to have been part of the most significant Democratic legislative accomplishments of this century. We have made real progress for everyday Americans—but there's much more work to be done," Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said in a statement.
"That's why the Progressive Caucus has identified these popular, populist, and possible solutions," she added. "Democrats in Congress can meet the urgent needs people are facing; rewrite the rules to ensure majorities of this country are no longer barred from the American promise of equality, justice, and economic opportunity; and motivate people with a vision of progressive governance under Democratic majorities in the House and Senate and a Democratic White House."
Progressive lawmakers have already introduced bills for many items on the agenda, including a Green New Deal for Public Schools, expanding the Supreme Court, comprehensive voting rights protection, and legalizing marijuana.
Critics noted the conspicuous absence of Medicare for All—once a top progressive agenda item—and foreign policy issues including ending Israel's genocide, apartheid, occupation, settler colonization, and ethnic cleansing in Palestine.
Jayapal toldNBC News that the CPC is focusing its blueprint exclusively on domestic goals—especially ones it feels can be achieved.
"The way we came to this agenda is to say that we were going to put into this agenda things that were populist and possible... and affected a huge number of people," she said. "We haven't taken a position on particularly Israel and Gaza in the progressive caucus, and so that's not on here."
The CPC agenda is backed by a wide range of labor, climate, environmental, civil rights, consumer, faith-based, and other organizations.
"The Congressional Progressive Caucus is leading the way for Congress to address the major issues affecting working families, from reducing healthcare and housing costs to strengthening workers' rights to join unions, earn living wages and benefits, and have safe workplaces," Service Employees International Union president Mary Kay Henry said in a statement.
"SEIU is proud to partner with the CPC to move these priorities forward and build a more equitable economy in which corporations are held accountable for their actions," she added.
Mary Small, chief strategy officer at Indivisible, said: "House progressives were the engine at the heart of our legislative accomplishments in 2021 and 2022. They've continued that momentum to be true governing partners to the Biden administration as those laws and programs are implemented."
"That's why Indivisible is so supportive of the CPC's Proposition Agenda, a bold vision for progressive governance in 2025 and beyond. From reproductive rights to saving our democracy to economic security for all, the CPC is driving forward exactly the sort of legislative goals we want to see in our next governing moment."
That moment is far from guaranteed, with not only the White House hanging in the balance as Biden will all but certainly face former Republican President Donald Trump in November's election but also the Senate Democratic Caucus clinging to a single-seat advantage over the GOP. Republicans currently hold the House of Representatives by a five-seat margin.
Keep ReadingShow Less
'McCarthyism Is Alive and Well': Google Fires 28 for Protesting Israel Contract
"These mass, illegal firings will not stop us," said organizers. "Make no mistake, we will continue organizing until the company drops Project Nimbus and stops powering this genocide."
Apr 18, 2024
The peace coalition No Tech for Apartheid accused Google of a "flagrant act of retaliation" late Wednesday night as the Silicon Valley giant announced it had fired 28 workers over protests against its cloud services contract with the Israeli government.
The firings came after Google organizers held two 10-hour sit-ins at the company's offices in Sunnyvale, California and New York City, demanding the termination of Project Nimbus, a $1.2 billion contract under which Google and Amazon provide cloud infrastructure and data services for Israel—without any oversight regarding whether the Israel Defense Forces uses the services in its occupation of Palestinian territories and bombardment of Gaza.
Workers have denounced Project Nimbus since it was announced in 2021, but Israel's killing of at least 33,970 Palestinians in Gaza since October and its intentional starvation of civilians led employees to escalate their protests.
No Tech for Apartheid said in a statement that Google officials called the police to both offices to arrest nine protesters—dubbed the Nimbus Nine—on Tuesday morning, before utilizing "a dragnet of in-office surveillance" to fire nearly two dozen other employees on Wednesday.
"They punished all of the workers they could associate with this action in wholesale firings," said the coalition, which includes Jewish Voice for Peace and MPower Change, a Muslim-led anti-war group.
Google accused the workers of "bullying," "harassment," defacing property, and physically impeding other employees—allegations No Tech for Apartheid rejected as it noted organizers "have yet to hear from a single executive about" their concerns over Google's collaboration with Israel.
"This excuse to avoid confronting us and our concerns directly, and attempt to justify its illegal, retaliatory firings, is a lie," said the workers. "Even the workers who were participating in a peaceful sit-in and refusing to leave did not damage property or threaten other workers. Instead they received an overwhelmingly positive response and shows of support."
The organizers staged the sit-ins on the heels of reporting in Time magazine about new negotiations between Google and the Israeli government regarding further potential tech contracts.
Kate J. Sim, a child safety policy adviser at Google who said she was among those fired this week, said the terminations show "how terrified [executives] are of worker power."
Google employees have a history of harnessing worker power to change policies at the company. In 2018, Google terminated a deal with the U.S. Defense Department to develop drone and artificial intelligence (AI) technology through a contract called Project Maven. The decision followed the resignations of several employees and the condemnation of thousands of workers.
Calling Google CEO Sundar Pichai and Google Cloud CEO Thomas Kurian "genocide profiteers," No Tech for Apartheid said Wednesday that they will not stop demonstrating against Project Nimbus until they get a similar result.
"The truth is clear: Google is terrified of us," said the group. "They are terrified of workers coming together and calling for accountability and transparency from our bosses... The corporation is trying to downplay and discredit our power.
"These mass, illegal firings will not stop us," No Tech for Apartheid added. "On the contrary, they only serve as further fuel for the growth of this movement. Make no mistake, we will continue organizing until the company drops Project Nimbus and stops powering this genocide."
Keep ReadingShow Less
Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
Keep ReadingShow Less
Most Popular