But the pending federal prosecution of 31-year-old Barrett Brown poses all new troubling risks. That's because Brown - who has been imprisoned since September on a 17-count indictment that could result in many years in prison - is a serious journalist who has spent the last several years doggedly investigating the shadowy and highly secretive underworld of private intelligence and defense contractors, who work hand-in-hand with the agencies of the Surveillance and National Security State in all sorts of ways that remain completely unknown to the public. It is virtually impossible to conclude that the obscenely excessive prosecution he now faces is unrelated to that journalism and his related activism.
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But the work central to his prosecution began in 2009, when Brown created Project PM, "dedicated to investigating private government contractors working in the secretive fields of cybersecurity, intelligence and surveillance." Brown was then moved by the 2010 disclosures by WikiLeaks and the oppressive treatment of Bradley Manning to devote himself to online activism and transparency projects, including working with the hacktivist collective Anonymous.
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In December, the DOJ filed a second indictment, which is now the heart of the government's case against him. It alleged that he "trafficked" in stolen goods, namely the Stratfor documents leaked by Anonymous and published by WikiLeaks. The indictment focuses on one small part of the leak: a list of Straftor clients and their credit card numbers. Critically, the indictment does not allege that Brown participated in the hack or in obtaining any of those documents.
Instead, it simply alleges that he helped "disseminate" the stolen information. He did that, claims the DOJ, when he was in a chat room and posted a link to those documents that were online. As the harsh Anonymous critic Adrian Chen of Gawker wrote:
"Is it a crime for someone simply to share a link to stolen information? That seems to be the message conveyed by today's indictment of former Anonymous spokesman Barrett Brown, over a massive hack of the private security firm Stratfor. Brown's in legal trouble for copying and pasting a link from one chat room to another. This is scary to anyone who ever links to anything . . . .
"This charge does not allege Brown actually had the credit card numbers on his computer or even created the link: He just allegedly copied a link to a publicly-accessible file with the numbers from one chat room and pasted it into another. . . . As a journalist who covers hackers and has 'transferred and posted' many links to data stolen by hackers - in order to put them in stories about the hacks - this indictment is frightening because it seems to criminalize linking."
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The US government's serial prosecutorial excesses aimed at internet freedom activists, journalists, whistleblowers and the like are designed to crush meaningful efforts to challenge their power and conduct. It is, I believe, incumbent on everyone who believes in those values to do what they can to support those who are taking real risks in defense of those freedoms and in pursuit of real transparency. Barrett Brown is definitely such a person, and enabling him to resist these attacks is of vital importance.
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