After receiving this letter, the Marine Committee investigated Commodore Hopkins. He reacted by dismissing his officers and crew, and in a fit of rage filed a criminal libel suit against Midshipman Samuel Shaw and Third Lieutenant Richard Marven, the two officers who admitted to having authored the petition. The suit was filed in the courts of Rhode Island, whose last colonial governor had been Stephen Hopkins, a signatory to the Declaration of Independence and the commodore’s brother.
The case was assigned to a judge appointed by Governor Hopkins, but before the trial commenced Shaw and Marven were saved by a fellow naval officer, John Grannis, who broke ranks and presented their case directly to the Continental Congress. The Continental Congress was so alarmed by the precedent being set by allowing military complaints regarding dereliction of duty to be subject to the criminal charge of libel that it intervened. On July 30, 1778, it terminated the command of Commodore Hopkins, ordered the Treasury Office to pay Shaw and Marven’s legal fees, and by unanimous consent enacted America’s first whistleblower protection law. This law declared it “the duty of all persons in the service of the United States, as well as all other inhabitants thereof, to give the earliest information to Congress or any other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge.”
The law gave me hope—and it still does. Even at the darkest hour of the Revolution, with the very existence of the country at stake, Congress didn’t just welcome an act of principled dissent, it enshrined such acts as duties. By the latter half of 2012, I was resolved to perform this duty myself, though I knew I’d be making my disclosures at a very different time—a time both more comfortable and more cynical. Few if any of my IC superiors would have sacrificed their careers for the same American principles for which military personnel regularly sacrifice their lives. And in my case, going up “the chain of command,” which the IC prefers to call “the proper channels,” wasn’t an option as it was for the ten men who crewed on the Warren. My superiors were not only aware of what the agency was doing, they were actively directing it—they were complicit.
In organizations like the NSA—in which malfeasance has become so structural as to be a matter not of any particular initiative, but of an ideology—proper channels can only become a trap, to catch the heretics and disfavorables. I’d already experienced the failure of command back in Warrenton, and then again in Geneva, where in the regular course of my duties I had discovered a security vulnerability in a critical program. I’d reported the vulnerability, and when nothing was done about it I reported that, too. My supervisors weren’t happy that I’d done so, because their supervisors weren’t happy, either. The chain of command is truly a chain that binds, and the lower links can only be lifted by the higher.
Coming from a Coast Guard family, I’ve always been fascinated by how much of the English language vocabulary of disclosure has a nautical undercurrent. Even before the days of the USS Warren, organizations, like ships, sprang leaks. When steam replaced wind for propulsion, whistles were blown at sea to signal intentions and emergencies: one whistle to pass by port, two whistles to pass by starboard, five for a warning.
The same terms in European languages, meanwhile, often have fraught political valences conditioned by historical context. French used dénonciateur throughout much of the twentieth century, until the word’s WWII-era association with being a “denouncer” or “informant” for the Germans led to a preference for lanceur d’alerte (“one who launches a warning”). German, a language that has struggled with its culture’s Nazi and Stasi past, evolved beyond its own Denunziant and Informant to settle on the unsatisfactory Hinweisgeber (a “hint- or tip-giver”), Enthueller (“revealer”), Skandalaufdecker (“scandal-uncoverer”), and even the pointedly political ethische Dissidenten (“ethical dissident”). German uses few of these words online, however; with respect to today’s Internet-based disclosures, it has simply borrowed the noun Whistleblower and the verb leaken. The languages of regimes like Russia and China, for their part, employ terms that bear the pejorative sense of “snitch” and “traitor.” It would take the existence of a strong free press in those societies to imbue those words with a more positive coloration, or to coin new ones that would frame disclosure not as a betrayal but as an honorable duty.
Ultimately, every language, including English, demonstrates its culture’s relationship to power by how it chooses to define the act of disclosure. Even the nautically derived English words that seem neutral and benign frame the act from the perspective of the institution that perceives itself wronged, not of the public that the institution has failed. When an institution decries “a leak,” it is implying that the “leaker” damaged or sabotaged something.
Today, “leaking” and “whistleblowing” are often treated as interchangeable. But to my mind, the term “leaking” should be used differently than it commonly is. It should be used to describe acts of disclosure done not out of public interest but out of self-interest, or in pursuit of institutional or political aims. To be more precise, I understand a leak as something closer to a “plant,” or an incidence of “propaganda-seeding”: the selective release of protected information in order to sway popular opinion or affect the course of decision making. It is rare for even a day to go by in which some “unnamed” or “anonymous” senior government official does not leak, by way of a hint or tip to a journalist, some classified item that advances their own agenda or the efforts of their agency or party.
This dynamic is perhaps most brazenly exemplified by a 2013 incident in which IC officials, likely seeking to inflate the threat of terrorism and deflect criticism of mass surveillance, leaked to a few news websites extraordinarily detailed accounts of a conference call between al-Qaeda leader Ayman al-Zawahiri and his global affiliates. In this so-called conference call of doom, al-Zawahiri purportedly discussed organizational cooperation with Nasser al-Wuhayshi, the leader of al-Qaeda in Yemen, and representatives of the Taliban and Boko Haram. By disclosing the ability to intercept this conference call—that is, if we’re to believe this leak, which consisted of a description of the call, not a recording—the IC irrevocably burned an extraordinary means of apprising itself of the plans and intentions of the highest ranks of terrorist leadership, purely for the sake of a momentary political advantage in the news cycle. Not a single person was prosecuted as a result of this stunt, though it was most certainly illegal, and cost America the ability to keep wiretapping the alleged al-Qaeda hotline.