Posted By Paul Miller Share

In 1998 the United States fired cruise missiles at al Qaeda camps in Afghanistan to try to decapitate the group after it bombed two U.S. embassies in Africa. The United States knew about bin Laden and the whereabouts of his camps because, according to Steve Coll's Ghost Wars, "the National Security Agency had tapped into bin Laden's satellite telephone and kept track of his international conversations."

After the missile strike, according to the 9/11 Commission Report, a prominent newspaper revealed the United States' knowledge about bin Laden's phone. As a result, "al Qaeda's senior leadership ... stopped using [the satellite phones] almost immediately. ... This made it much more difficult for the National Security Agency to intercept his conversations." U.S. intelligence lost its most valuable source for tracking the world's most dangerous terrorist.*

The terrorist attacks of Sept. 11, 2001, emphatically could have been prevented if the United States was able to protect classified information. The newspapers' complicity in divulging classified information helped murder some 2,977 people.

I make this point now in response to those who believe the protection of classified information is unjust. There is an anonymous movement now among anarchist hackers to attack government and corporate websites to protest the prosecution of Julian Assange and defend WikiLeaks. Judging from the responses to my last post, in which I advocated the passage of a Secrecy Act, some readers of Foreign Policy would sympathize with the hackers.

The most common argument is that protecting information, and prosecuting offenders, is a violation of free speech. That is simply not true. The Supreme Court has never upheld First Amendment absolutism. There are legal and reasonable restrictions on what people are allowed to say, print, or broadcast. It is illegal to incite a mob to violence. It is illegal to libel others. It is illegal to make false claims in advertising about a product. It is illegal to utter profanity on broadcast television or radio. And it is, in fact, illegal to reveal information that would cause immediate harm to U.S. national security. This was uncontroversial during World War II, when sailors and their families were routinely trained that "loose lips sink ships."

You may quibble with the application of these rules (the rule about profanity seems more and more anachronistic), but it is flatly untrue that citizens or the press have the right to say absolutely anything, anytime, in any medium. Few should disagree with the principle that there are restrictions on speech; the debate is really where the line ought to be drawn and how to enforce it. I argue that we should actually try to enforce the principle at least a little when it comes to protecting classified information, which would be a significant change from our current habit of not enforcing it at all.

Once again, it goes without saying that the Obama administration needs appropriate oversight and accountability, which is why we have the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, and the Foreign Intelligence Surveillance Court, among other organs. No doubt they need to work better. And perhaps there ought to be a standing body charged with reviewing the government's classification decisions. But the need to protect classified information is as obvious as our government's failure to do so.

*(Some newspapers have tried to debunk this story by claiming there was no specific leak of the information about bin Laden's phone, or that it had been leaked previously to no effect. Of course the newspapers have an interest in exonerating themselves. Their efforts are unconvincing. If their claims are true, it is actually more damning that the information about bin Laden's satellite phone stemmed not from a specific leak but from a general culture of impunity among the media to disclose intelligence sources and methods. And the August 1998 reporting plainly had an effect on bin Laden, even if the information had been reported earlier. Both the 9/11 Commission and Clinton-era NSC staffers Daniel Benjamin and Steven Simon wrote in The Age of Sacred Terror, bin Laden stopped using his phone "instantly" after the publication of the story.)

SAUL LOEB/AFP/Getty Images

 

MALICEIT

5:31 AM ET

December 15, 2010

Oh yes...

...because satellite phone killed 3k americans. Here is a parallel for ya:
2,000,000 civilian deaths in Vietnam-Pentagon Papers.
140k civilian deaths in Iraq- Afghan war diaries.

 

JKLAIRWIN

5:45 AM ET

December 15, 2010

Garbage

What utter nonsense. If the info about BinLaden's phone had been properly classified and classification had not been abused as a means to cover up embarrassment of simple screw-ups, there would have been no problem. Unfortunately, Foreign Policy has joined the ranks of the privileged who want to protect their privileges by slavishly following the government line, How can democracy function if the government is able to cover up its stupidity and screw-ups by merely classifying them? Assange is a true hero in the best American tradition of that word.

 

C.L. BALL

7:35 AM ET

December 15, 2010

Bin Laden Phone Phony

This story has been debunked multiple times. It was widely known that bin Laden used a satellite phone -- several news venues reported this, as a Lexis-Nexis search will reveal -- prior to 1998. I believe ABC's interview with him, broadcast in June 1998, or CNN's in 1997 showed him talking on his sat phone. The use of the phone was mentioned by the Taliban in the 1996 Time profile.

This is from the Times (London) on 10 May 1997:
"Born in Saudi Arabia, Mr Bin Laden...was allowed to remain after Taleban captured Jalalabad from the former Government last year, and continued to maintain contacts with the outside world by personal satellite telephone."

The sources of bin Laden's phone prior to Aug. 1998 were not from USG leaks but from people who had met bin Laden, bin Laden himself, and the Taliban speaking directly to reporters.

No sources or methods were leaked by The Washington Times, or others, immediately after the Lewinksy bombings.

Bin Laden stopped using the phone, most likely, because his camps had just been bombed, and he put two-and-two together -- the phone apparently could be tracked.

The fact that the US was intercepting his satellite transmissions was not reported until early Sep. 1998, over two weeks *after* bin Laden had already stopped using the phone, by intelligence officials own claims. It was leaked because the method was obsolete.

Greater damage to stop bin Laden was caused by the NSA refusing to share raw transcripts, rather than summaries by in-house analysts, with the CIA, since al Qaeda agents were speaking in anodyne code-words that could only be deciphered if agents had verbatim transcripts -- not summaries in English.

I'll back an official secrets act when someone can demonstrate three real cases where a leak caused a specific -- not hypothetical, not conjectural -- harm. No one has done so, probably because no such leaks occur. Leaks are not the same as espionage for this very reason.

Meanwhile, classifications for dubious reasons are the norm, and over-classification is rampant.

The cables are not sensitive defense information (plans of bases, aircraft schematics, they are not cryptographic techniques or codes, they are not US undercover officer identities, and they are not nuclear warhead assembly methods.

 

NICOLAS19

10:41 AM ET

December 15, 2010

nonsense

Isn't that quite ironic that with all that secrecy, you still failed to prevent 9/11?

Anyway, this article is complete nonsense. You say that it's the government's right to tap to any individuals phone, make records of it, all this in full secrecy. On what basis? By calling him a terrorist, and in fact there's really nothing more to it than name calling. With this argument you defend methods used by the Stasi, the American government is no better than them.

 

HURRICANEWARNING

5:17 PM ET

December 15, 2010

hmmmm...I'm going to go out

hmmmm...I'm going to go out on a limb here and say that you dont live in America? Here's the real deal (despite what you may hear from some on here, or media outlets). America is without doubt THE most 'free' society on the planet. I ask you, "what secrecy"? I know for a fact that the UK has MUCH, MUCH more secrecy than the U.S. As do many European powers. Their constitutions (or lack of) allow it. Hell, in the UK books and movies can be banned...good luck trying to do that in the U.S....we'd be all over Washington. The fact of the matter is, despite all the griping, we are an incredibly open society, I mean, literally almost anything goes. And if it doesnt now, it will in the future. We've never been able to keep secrets...ever. Russia and Europe always poked fun at us over our inability to keep classified info from being leaked.

So, in conclusion: when you ask if its Ironic that we couldnt stop 9/11 with all our secrecy...I say, what secrecy...we didnt have any...we never really have...that's the problem...and thats whats great about the U.S. so dont tell me that we are no better than the Stasi, it just wont fly....anyone who has ever lived in America knows that people can still do and say almost anything they please without fear of the government. Sounds like you've been living in Europe or Canada too long and you've drunk the "America is evil" coolaid...we're really not so bad.

 

XTIANGODLOKI

3:51 PM ET

December 15, 2010

leaks challenge the status quo

Whether leaks will do harm or good depends on the leak itself. Had wikileaks existed before the Iraq war there would be a chance that the Iraq war would not have started. That would be good for just about everyone.

 

PAULDAVIDMILLER

2:12 PM ET

December 20, 2010

Good for everyone....

...except the Iraqis.

 

SENTIENTHUMAN11

8:11 PM ET

December 22, 2010

begging to differ

I'm quite certain Iraqis are not at all 'grateful' for the mess we've made of their country and the million or more that we've killed. Your article and post is utter and complete propaganda built with highly infected memes. I'm just glad more and more people are able to see through this kind of crap.

 

Shadow Government is a blog about U.S. foreign policy under the Obama administration, written by experienced policy makers from the loyal opposition and curated by Peter D. Feaver and William Inboden.

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