WikiLeaks’ whistleblowing

A year ago if you had asked someone about the Sunshine Press you would have received a blank stare in response. Indeed, few were aware of the publisher of WikiLeaks or its founder Julian Assange when they enjoyed a blanket of obscurity. This weeks release of over a quarter of a million documents brings the shadowy world of whistle blowing to the forefront of public scrutiny as people and governments begin to understand the Assange Factor and what it means for open society.

So far the internet has been instrumental in ushering in the information age for us all but the murky depths of cyberspace are breeding grounds for irregularity. In the past decade, we caught a glimpse of the dark side of the internet through the tussle between artists in the music industry and illegal file sharing services like Limewire, Napster and Kazaa. After extensive lawsuits by the industry, it seemed the shutting down of most of these services was the high watermark for internet governance and protection of intellectual property. However, it all seems like childs play compared to the antics of an Australian hacker with a penchant for bringing the world of diplomacy and national security to its knees. As governments worldwide prepare for damage control from the latest leaks, it seems the question why sensitive information such as war diaries or diplomatic cables makes it into the public realm is not half as intriguing as how it gets there? That is how WikiLeaks differentiates itself. Not only does WikiLeaks guarantee an informants anonymity, it has strategically positioned itself to avail protection in jurisdictions that offer legal regimes better suited for public disclosure.

For example, WikiLeaks encrypts submissions and transmits them through servers in Sweden where it is a crime to disclose a source. Data itself is hosted in several countries with liberal free speech laws, including Iceland, where Mr. Assange has been a vociferous free-speech campaigner. Therefore it is legally impossible for a single government or corporation to prevent publication of a document or to force its removal once it appears on the website.

Whereas domestic media in countries normally bogged down by stringent defamation or official secrecy laws may be delighted that WikiLeaks takes on all the responsibility of disclosure, heads of state are already unfriending Mr. Assange on Facebook.

Those who followed WikiLeaks since its inception in 2007 would certainly have been enlightened when Chinese dissidents spoke out or screenshots of Sarah Palins email account made an appearance. One must also admit that there is something devilishly delicious in uncovering what is secret, especially if it involves military excesses, corruption and mismanagement. However the pleasure of discovery quickly gives way to anxiety when disclosure of sensitive information causes irreparable damage to diplomacy and the comity of nations. At a time when geo-political forces are working so hard to bring stability to a polarized world, it seems that WikiLeaks has finally turned a corner. While revelations in the past have been enlightening or even amusing, they are now turning dangerous and test the very limits of free speech in the name of transparency. There has always been a competing right to privacy and security which in normal cases trumps the right of access to information.

Compared to punishment in the music industry, the U.S. Supreme Courts recent ruling to uphold a fine of almost a thousand dollars a song on a file swapping teenager would seem like a slap on the wrist compared to the fate in store for Mr. Assange if his haters ever managed to lay their hands on him. From representatives of the Egyptian government and Swiss banks to the U.S. State Department, there seems to be no shortage of people with a bone to pick with Mr. Assange and WikiLeaks for disclosing information that would normally be confidential under diplomatic or professional privilege.

Fortunately or unfortunately for us, no one is going to be falling on any swords after the new leaks and the worst we can expect is a whole lot of embarrassment from world leaders. However there will finally be a strengthening of systems that prevent such disclosure in the future and as Mr. Assange is soon about to discover for himself, no invites to this years new years bash at the White House. Not that he would be able to attend as Mr. Assange presently lives on borrowed time and has plenty of his own problems to deal with, not least being his detention in Sweden on charges of rape. A handful of countries like Switzerland and Ecuador would grant Mr. Assange sanctuary if he manages to wriggle his way there but it is too soon to comment on how fast this will all play out. What is certain is that if WikiLeaks continues to be irresponsible and shows lack of foresight, international relations will keep taking it on the chin and Mr. Assange will have to invest in something to protect his head and neck.

The writer is a consultant on public policy.