While we all live under extensive surveillance, for government employees and contractors - especially those with a security clearance - privacy is virtually nonexistent. Everything they do on their work computers is monitored. Even when they try to outsmart their work computer by taking photos directly of their screen, video cameras in their workplace might be recording their every move. Government workers with security clearance promise never [to] divulge classified information to anyone" who is not authorized to receive it. But for many whistleblowers, the decision to go public results from troubling insights into government activity, coupled with the belief that as long as that activity remains secret, the system will not change. The growing use of the Espionage Act, a 1917 law that criminalizes the release of "national defense" information by anyone "with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation," shows how the system is rigged against whistleblowers. Government insiders charged under the law are not allowed to defend themselves by arguing that their decision to share what they know was prompted by an impulse to help Americans confront and end government abuses. "The act is blind to the possibility that the public's interest ... might outweigh the government's interest," Jameel Jaffer, head of the Knight First Amendment Institute, wrote recently. "It is blind to the difference between whistle-blowers and spies."
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