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Monday, June 10, 2013

Possible Legal Defense of PRISM Leaker Edward Snowden

I'm flatly amazed at the seismic furor caused by the UK Gardian's citing Edward Snowden's outing of PRISM, given the lack of media attention given FBI Director Mueller's public attempt over 2 yeas ago to have Silicon Valley software companies build trap doors into their products (see my 2011 report here). Come on, media-tards! Just what do you think has been going on for the last two years?

If Snowden does manage to get himself extradited back to the U.S. for what the Guardian claims will be the risk of "major jail time" (see the story here), I would contend that his attorneys could argue that he did not technically violate the spirit of any NDAs he signed. Whenever I sign an NDA with a high-tech client, there is always a clause that says I'm not in violation of the agreement if the information I disclose is available through other publicly available sources.

I think one could reasonably infer the existence and functionality of PRISM from publicly available documents. I expect, though, that Snowden's trial will not be a public one.

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Implementation suggestions for THE MORGAN DOCTRINE are most welcome. What are the "Got'chas!"? What questions would some future Cyber Privateering Czar have to answer about this in a Senate confirmation hearing?