WikiLeaks and the liberal mind

Transparency is not the only liberal value.

The release by WikiLeaks of US government cables is a sheer triumph for transparency.

Transparency in diplomatic and governmental matters is important, for behind the cloak of secrecy and plausible deniability can lie malice, selfishness and incompetence. Open access to reliable information enables us to participate effectively in a democratic society: in particular, voters can get beyond the self-serving spin of politicians and media outlets. In the wise words of Louis Brandeis, one of the greatest jurists in American history, sunlight is the best disinfectant.

But transparency is not the only liberal value. There are others, and these are important, too.

For example, there is the value of legitimacy: those who wield power in the public interest should normally have some democratic mandate or accountability.

However, no one has voted for WikiLeaks, nor does it have any form of democratic supervision. Indeed, it is accountable to no one at all. One may think that this is a good thing: that with such absolute autonomy WikiLeaks can do things that it otherwise might not be able to do. One could even take comfort that WikiLeaks represents the "good guys" and is "doing the right thing".

Be that as it may: one must remember that such self-assumed moral authority is conceptually indistinguishable from the vigilante. If transparency is important, then so is accountability.

Another liberal value is legality: the belief that actions – especially those that affect others – should have a basis in law. The Guardian and New York Times quite rightly have taken the newsroom of the News of the World to task because of the alleged unlawful and criminal conduct of reporters and investigators in gaining unauthorised access to mobile telephone voice messages.

But legality is not just for tabloid newspapers: it (presumably) applies also to broadsheets. Transparency may well be trumping legality in this particular instance, but this does not negate that legality is also important in a liberal society.

A third liberal value is privacy: the belief that, in certain human affairs, private space is required. Here, it is important that people retain the ability to conduct some communications strictly on the basis of confidentiality. If there is no such assurance of confidentiality, there may be no flow of useful information. For example, even the Guardian and its journalists do not publicly disclose their internal legal advice.

In dealing with those who can provide useful information about illiberal and perhaps dangerous regimes sometimes such an assurance of confidentiality can be crucial. Privacy will be less important than transparency in most cases, but such a presumption cannot be an absolute rule.

The disclosure of diplomatic cables appears so far to have been a good thing, and no obvious harm has yet been caused. WikiLeaks has come out of this exercise rather well, notwithstanding the off-putting moral certainty of some of its supporters and their eccentric tendency to un-evidenced conspiracy stories.

Nonetheless, WikiLeaks remains a powerful but undemocratic and unaccountable entity that shows a general disregard for both the rule of law and the practical need for certain communications and data to be confidential. So, from a liberal perspective, there is a great deal to commend WikiLeaks, but there is also a lot that should cause a liberal to be concerned.

David Allen Green is a lawyer and writer. He is legal correspondent of the New Statesman and was shortlisted for the George Orwell Prize in 2010.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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I'm a Remain voter who feels optimistic about Brexit - here's why

Take back control is more than just a slogan. 

Most politics geeks have found themselves deliciously sucked into a soap opera over the last few days. It’s fast-paced, personality-based and ripe for speculation. But underneath it all, the deeper, harder questions remain – what does Brexit look like, and how can we make it work?

When news of Leave’s victory broke in the early hours of Friday morning (is it possible that was just a week ago?) I felt like the only Remain voter who had some kind of optimism. Fellow Remainers still reeling from the result berate me for it, but I continue to find two reasons for hope.

First, leaving gives us a chance to build a different type of economy. I don’t wish to belittle the recent economic fallout, but with the right leadership and negotiations, we could use this moment to push for an increase in trade with the Commonwealth and beyond. A fall in the pound will disappoint many, but it could help with a much needed rebalancing of our economy, moving from one predominantly based on financial services in London to manufacturing across the regions. 

Second – and perhaps more importantly – leaving is a chance to rebuild our politics. For too long, millions of people in this country have felt ignored or exploited by those who call themselves democratic leaders. In protest, they have left mainstream parties to join UKIP or the hordes of non-voters. In winning this referendum, they have finally been listened to. Perhaps the pressure cooker of discontent can finally be taken off the boil. Perhaps parties can use this result as a chance to rebuild trust and shake up some of our other institutions that are badly in need of reform. 

This point was really brought home to me by a student in the school where I teach. The morning of the referendum she told me that she didn’t think we’d leave the EU, even if the people voted for it. Her friends agreed, saying it was “weird you have to vote in pencil”. They were scared the people’s voice could so easily be rubbed out. When I saw her the next day, a small part of me was relieved that these students had seen that people can genuinely trump the establishment. 

If you’re not convinced, just imagine the backlash if Remain had won by a point or two. We almost certainly would then have voted in an extremely right-wing government, much the same way that the SNP saw a boost after they lost the independence referendum last year. 

Of course, a positive path for Brexit is far from guaranteed. Any leader that goes back on the vote, or tries to fudge it by saying that open borders are a price worth paying, is going to do worse than plummet in the polls - they are going to undermine our entire democracy. And a whole generation’s trust in politicians is already dangerously low.

But this doesn’t have to be a moment for the right. Good leaders understand that Leave’s “take back control” message was about a genuine concern with our borders. Great leaders will acknowledge that it also reflected a deeper concern about the need for agency. They understand the vote was a rejection of a neoliberal approach to the economy that fails to make space for well-paid work, family and community.

The public voted for decreased pressure on public services and a Britain that would negotiate as hard in India as it would in Germany for trade deals. They voted to end a perceived overcentralisation of power by elites, and create a more democratic Britain that gives more dignity to its people. I might not have believed that leaving the EU was the best way to achieve these things, but I’m on the left because I believe we are best placed to make these desires real.  

The vote to Leave or Remain was a binary decision. But Brexit is not. What type of path we take now depends entirely on the direction we choose, and the perseverance we show along the way.

Rowenna Davis is Labour PPC for Southampton Itchen and a councillor for Peckham