Edward Snowden, the NSA whistleblower. Photograph: Getty Images
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Laurie Penny on whistle-blowing: What do Edward Snowden, Bradley Manning and the Steubenville hacker have in common?

Expose injustice and pay the price.

Bad things happen to whistleblowers right now. Last year, two high-school football players in Steubenville, Ohio, raped an unconscious sixteen-year-old girl over several hours. They took photo footage of themselves doing it, and shared it among their friends. When the pair were finally convicted and sentenced to between one and two years in jail earlier this year, mainstream news outlets wailed that two promising athletes had had their futures ruined, the implication being that the victim really should have shut up and kept quiet and understood that her future and her trauma are far less important than the ambitions of young men.

What was truly shocking, however, was that the case was only prosecuted after a sustained campaign by internet activists, including the protest group Anonymous, which released video and photographic evidence of the crime and drew the world's attention to how little local law enforcement cares about rape victims. Now one of the hackers who helped bring the Steubenville rapists to justice, 26-year-old Deric Lostutter — otherwise known as “KYAnonymous” - is being prosecuted by the FBI

If convicted of computer-related crimes, Lostutter could spend ten years in jail. That's at least five times as long as the rapists. Even if he isn't convicted, his defence could cost hundreds of thousands - he is collecting donations online. Lostutter is entirely unapologetic, and told Josh Harkinson at Mother Jones that he believes that the FBI and Steubenville officials are pursuing him to send a message: “They want to make an example of me, saying, ‘You don’t fucking come after us. Don’t question us.’"

This is how the surveillance state works, and it's also how patriarchy works. The message is: don't tell. Don't ever tell. The people who have power, whether that's the state or the boys on the football team, are allowed to know what you're up to, constantly, intimately, and they can and will punish you for it, but if you turn the tables and show the world how power is abused, you can expect to be fucked with, and fast.

I've been trying for a while now to convince the geek activists and hackers in my life that the fight for the principles of free speech, the fight against surveillance and the fight for a society where whistleblowers are protected, is a feminist fight. Steuvenville isn't the only case where the internet has pursued justice for rape victims where the state was unwilling to do so. There is a growing awareness that commitment to openness and transparency as organising principles necessarily involves a commitment to a new kind of sexual politics. Patriarchy doesn't like it when you tell its secrets, and neither does the government.

Secrecy is only supposed to work for the strong against the weak. Right now Edward Snowden, the former CIA technical operative who leaked data exposing the extent of Anglo-American state internet surveillance to the world, is in hiding in Hong Kong. Snowden, 29, sacrificed everything to tell the world. "The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. I don't want to live in a society that does these sort of things," Snowden told the Guardian. "I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under." When asked what he thought was going to happen to him now, Snowden replied: "Nothing good."

For now, Edward Snowden is safe. At Fort Meade, Bradley Manning isn't. The Wikileaks whistleblower is preparing to spend the rest of his life in jail for putting private information about US foreign policy, including the murder of civilians in Iraq, in the public domain. It's no accident that both Manning and Snowden are former soldiers who served in Iraq and enlisted because, in Snowden's words, "I felt like I had an obligation as a human being to help free people from oppression." Both were quickly disabused of the notion that the American war in the Middle East is achieving anything of the sort, were horrified to find themselves complicit, and decided to do something about it.

Edward Snowden. Bradley Manning. Deric Lostutter. These young people are on the frontlines of a different war, a war of the old world of violence enforced by secrecy against the new logic of information transparency. It is generational, and it is gendered, and it's about values. The MO of national security, in a world where both the nation state and the notion of security are tenuous ideals, holds that any state should be able to access any information about any person at any time, but not vice versa. You can't ever turn off the internet, nor prevent people having access to it, so ordinary people must learn to fear cracking or publish the private data of state and corporate institutions. We must learn to be silent, to keep secrets, or pay for doing not doing so with our freedom, and possibly with our lives.

Right now, a few brave souls are refusing to learn that lesson. The risks they are taking today will affect how states operate in the future, wherever we live; they will decide whether an information-rich society frees people to have more control over our lives or simply allows governments more control over people. What these hackers are writing isn't just history - it's the base code of future human relations, on the most intimate level. And it’s not just even about the state.

It takes us right back to that kitchen in Steubenville, Ohio, and those pictures of that half-naked teenager slung like a dead deer between her rapists. It’s about who, in the future, will be allowed to hurt and abuse other people and expect complicity. It’s about who will be allowed to speak up and call out, and who will be made to pay the price.
 

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

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Richmond is a wake-up call for Labour's Brexit strategy

No one made Labour stand in Richmond Park. 

Oh, Labour Party. There was a way through.

No one made you stand in Richmond Park. You could have "struck a blow against the government", you could have shared the Lib Dem success. Instead, you lost both your dignity and your deposit. And to cap it all (Christian Wolmar, take a bow) you self-nominated for a Nobel Prize for Mansplaining.

It’s like the party strategist is locked in the bowels of HQ, endlessly looping in reverse Olivia Newton John’s "Making a Good Thing Better".

And no one can think that today marks the end of the party’s problems on Brexit.

But the thing is: there’s no need to Labour on. You can fix it.

Set the government some tests. Table some amendments: “The government shall negotiate having regard to…”

  • What would be good for our economy (boost investment, trade and jobs).
  • What would enhance fairness (help individuals and communities who have missed out over the last decades).
  • What would deliver sovereignty (magnify our democratic control over our destiny).
  • What would improve finances (what Brexit makes us better off, individually and collectively). 

And say that, if the government does not meet those tests, the Labour party will not support the Article 50 deal. You’ll take some pain today – but no matter, the general election is not for years. And if the tests are well crafted they will be easy to defend.

Then wait for the negotiations to conclude. If in 2019, Boris Johnson returns bearing cake for all, if the tests are achieved, Labour will, and rightly, support the government’s Brexit deal. There will be no second referendum. And MPs in Leave voting constituencies will bear no Brexit penalty at the polls.

But if he returns with thin gruel? If the economy has tanked, if inflation is rising and living standards have slumped, and the deficit has ballooned – what then? The only winners will be door manufacturers. Across the country they will be hard at work replacing those kicked down at constituency offices by voters demanding a fix. Labour will be joined in rejecting the deal from all across the floor: Labour will have shown the way.

Because the party reads the electorate today as wanting Brexit, it concludes it must deliver it. But, even for those who think a politician’s job is to channel the electorate, this thinking discloses an error in logic. The task is not to read the political dynamic of today. It is to position itself for the dynamic when it matters - at the next general election

And by setting some economic tests for a good Brexit, Labour can buy an option on that for free.

An earlier version of this argument appeared on Jolyon Maugham's blog Waiting For Tax.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues.