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Cringely Looks at the WikiLeaks Debacle

Posted by ScuttleMonkey on Wednesday February 20, @12:53PM
from the corporate-policy-will-rarely-win-you-votes-for-genius dept.
dtwood writes "Infoworld's Cringely has an interesting take on the Julius Baer bank trying to silence WikiLeaks.org — and how stunningly stupid they've been. 'But the bank's solution is so mind-bogglingly stupid, you have to wonder if these guys need help getting their pants on each morning. First, this is exactly the kind of story bloggers and Net-centric journos crave. Big nasty corporation stomps all over plucky public-serving underdog. Who can resist that plot line? Second, the equation Bank Julius Baer = Money Laundering is now firmly cemented in the minds of everyone who has encountered this story, regardless of whether it's true. Trois: The documents in question, which might have been quickly forgotten alongside the 1.2 million others on the site, are now hotter than the Paris Hilton sex video. Dozens of mirror sites have sprung up, and Cryptome.org and PirateBay have squirreled away copies of the docs for any interested parties. "

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[+] Wikileaks Releases Sensitive Guantanamo Manual 643 comments
James Hardine writes "Wired is reporting that a never-before-seen military manual detailing the day-to-day operations of the U.S. military's Guantánamo Bay detention facility has been leaked to the web, via the whistle-blowing site Wikileaks.org, affording a rare inside glimpse into the institution where the United States has imprisoned hundreds of suspected terrorists since 2002. The 238-page document, "Camp Delta Standard Operating Procedures," is dated March 28, 2003. The disclosure highlights the internet's usefulness to whistle-blowers in anonymously propagating documents the government and others would rather conceal. The Pentagon has been resisting — since October 2003 — a Freedom of Information Act request from the American Civil Liberties Union seeking the very same document. Anonymous open-government activists created Wikileaks in January, hoping to turn it into a clearinghouse for such disclosures. The site uses a Wikipedia-like system to enlist the public in authenticating and analyzing the documents it publishes. The Camp Delta document includes schematics of the camp, detailed checklists of what "comfort items" such as extra toilet paper can be given to detainees as rewards, six pages of instructions on how to process new detainees, instructions on how to psychologically manipulate prisoners, and rules for dealing with hunger strikes."
[+] WikiLeaks Under Fire 280 comments
kan0r writes "The transparency group WikiLeaks.org currently seems to be under heavy fire. The main WikiLeaks.org DNS entry is unavailable, reportedly due to a restraining order relating to a series of articles and documents released by WikiLeaks about off-shore trust structures in the Cayman Islands. The WikiLeaks whistle blower, allegedly former vice president of the Cayman Islands branch of swiss bank Julius Baer, states in the WikiLeaks documents that the bank supported tax evasion and money laundering by its clients from around the world. WikiLeaks alternate names remained available until Saturday, when there seems to have been a heavy DDoS attack and a fire at the ISP. The documents in question are still available on other WikiLeaks sites, such as wikileaks.be, and are also mirrored on Cryptome. Details of the court documents have also been made available."
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Cringely Looks at the WikiLeaks Debacle 25 Comments More | Login | Reply /

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  • Streisand (Score:5, Informative)

    by Hordeking (1237940) on Wednesday February 20, @12:56PM (#22490742)
    I think this is called the Streisand Effect.
  • Sizzling! (Score:5, Funny)

    by Anonymous Coward on Wednesday February 20, @12:56PM (#22490746)
    are now hotter than the Paris Hilton sex video

    That's a pretty fancy way of saying "ice-cold".
  • Just like the Scientology documents (Score:5, Insightful)

    by KublaiKhan (522918) on Wednesday February 20, @12:56PM (#22490748) Homepage Journal
    It's a perfect example of the Streisand Effect in action.
      • by SatanicPuppy (611928) * <Satanicpuppy@noSpAm.gmail.com> on Wednesday February 20, @01:16PM (#22491082) Journal
        Why would you have? It's deadly boring stuff.

        One of the interesting things about journalism is learning how much work goes into those goddamn money mismanagement stories. You have a bunch of journalists, half of whom don't balance their checkbooks terribly well, going over publicly available monetary expenditures line by line by line. They do good work, by and large, but the absurd tedium, the volume of material, and the fact that you may come to the end of two weeks of work with no story, combines to make those stories pretty uncommon. Lot of people get away with a lot of stuff, even when the records are publicly available.

        This is a perfect example. Who in their right mind would have gone through this stuff unless they knew that there was a story there? Who could have gotten permission to work on it? But now it's everywhere! There are smart bastards in media outlets all over the country trying to confirm it, and they will, because the stuff is never hidden all that well once people start looking.
          • by dpilot (134227) on Wednesday February 20, @02:45PM (#22492490) Homepage Journal
            > Fire someone who knows where the bodies are buried, he'll leak the info to the press.

            This reminds me of an episode of "The Man From UNCLE" that I saw as a kid. A couple had served many years with THRUSH (the bad guys) and were having their retirement party. (on the supposedly non-existent 13th floor of some building) After the party, their boss was taking them out of the building, supposedly to start retirement with a pleasant vacation. The real intent was of course to eliminate them.

            The UNCLE guys rescued them once it became apparent that they were going to be executed, and they became a fount of information.

            Relevance... Depending on who you are, you don't fire the guy who knows where the bodies are buried. You either take very good care of him, add him to the pile of bodies, or make sure that he put some of the bodies there, and you have the evidence. (The last choice doesn't always work, either - "State's evidence".)
  • Copy/pasted from the NYTimes (Score:5, Informative)

    by wile_e_wonka (934864) on Wednesday February 20, @12:59PM (#22490808)
    The site itself could still be accessed at its Internet Protocol address (http://88.80.13.160/) the unique number that specifies a Web sites location on the Internet. Wikileaks also maintained mirror sites, or copies usually produced to ensure against failures and this kind of legal action. Some sites were registered in Belgium (http://wikileaks.be/), Germany (http://wikileaks.de) and the Christmas Islands (http://wikileaks.cx) through domain registrars other than Dynadot, and so were not affected by the injunction.
    • Re:Copy/pasted from the NYTimes (Score:5, Informative)

      by OldakQuill (1045966) on Wednesday February 20, @01:49PM (#22491618)
      Wikileaks also has a Tor hidden service, which potentially makes them unlitigatable (should the existing publicly-known host countries turn against them). At the moment, I think the HiddenService just provides a secure connection to one of those known servers, but the server could be located anywhere in the world and it would be close-to-impossible to locate it.
  • Who is stupid? (Score:5, Insightful)

    by whoever57 (658626) on Wednesday February 20, @01:01PM (#22490836) Journal

    'But the bank's solution is so mind-bogglingly stupid, you have to wonder if these guys need help getting their pants on each morning.
    No doubt the lawyers who advised this course of action have been (or will soon be) paid.
    • Re:Who is stupid? (Score:5, Funny)

      by flyingsquid (813711) on Wednesday February 20, @01:15PM (#22491066)
      Perhaps it's all a fiendishly clever ruse. By coming across as incredibly, phenomenally, mind-blowingly stupid, people will automatically assume that these guys can't possibly be intelligent enough to be laundering money. It's a classic Stupidity Defense. It's really quite devious, when you think about it.
    • Re:Who is stupid? (Score:5, Informative)

      From wikileaks, the attorney for the Bank is EVAN N. SPIEGEL, ESQ., of LAVELY & SINGER. Their address is 2049 CENTURY PARK EAST, SUITE 2400, LOS ANGELES, CALIFORNIA 90067-2906, TELEPHONE: (310) 556-3501, FACSIMILE: (310) 556-3615, www.LavelySinger.com, E-MAIL: espiegel@lavelysinger.com.

      http://88.80.13.160/wiki/Full_correspondence_between_Wikileaks_and_Bank_Julius_Baer [88.80.13.160]

      Mr. Spiegel is a pretty senior attorney, so I'm surprised by how inept his actions were. There is no need to write so pointedly. There are times when you need to fight, but they are few and far between. Evan's first message did not mention the DMCA at all; it just asked for contact information. His later e-mails began discussing the DMCA, and then threatened legal actions in the U.S., U.K., and Switzerland. Why didn't he just answer politely in the first place?

      It's just bad lawyering, in my opinion. Proof is the fact you can still access wikileaks, and you're reading this post because of all the publicity. Backfire!
    • Re:Who is stupid? (Score:5, Interesting)

      by Phat_Tony (661117) on Wednesday February 20, @02:27PM (#22492258) Homepage
      I like the analysis of Lawyer's contributions to this sort of disaster here: [slashdot.org]

      lawyers; because they see only the legal aspects of any issue, they are prone to do great harm... in pursuit of insignificant legal points

      The lawyers think- "Having these documents out is bad. But we could bring a legal challenge to their availability. If having them out is bad, it stands to reason that having a chance to try to get them back in is good."

      It almost sounds reasonable, like the government's standard (and always grossly incorrect) estimate of increased tax receipts following a tax hike by multiplying the new rate by people's current reported income almost sounds reasonable.

      What these companies need is some management oversight. Before launching a new PR campaign, most companies have a standard procedure of running it past the lawyers. But they should also be doing the opposite; when the lawyers come and say "hey, we could sue this small public-interest nonprofit into oblivion, which would undoubtedly accomplish halting the spread of this information on the internet," management should run that past PR and IT before implementing it.
  • It's always entertaining... (Score:5, Insightful)

    by SatanicPuppy (611928) * <Satanicpuppy@noSpAm.gmail.com> on Wednesday February 20, @01:07PM (#22490946) Journal
    Something incriminating ends up online, and you have two options.

    1) Ignore it, and hope that no one notices it.

    2) Try to get it removed, guaranteeing that everyone in the world will hear about it.

    Sadly, this works the same way whether its true or false information...The information trail almost always increases when you try to have something taken down, so while it may have been only 1 data point before, your attempts to bring it down can create many more...In cases like this, a ridiculously large number.

    Probably the best policy is trying to brazen it out...Hardly ever is the information that good...You can always try to laugh it off, but trying to bury it makes it look like you've something to hide.

    I'm not a huge privacy nut, so this doesn't necessarily bother me, but I wonder if a lot of the free-speech/privacy buffs are starting to feel a little worried. When everything is free, even the most trivial stuff can end up online, and it's pretty obvious that once it's there, it's never coming down.
    • Re:It's always entertaining... (Score:5, Insightful)

      by iamnafets (828439) on Wednesday February 20, @01:28PM (#22491262)
      I think this idea that having something removed makes it well-known is fallicious at best. There are select few stories covering content being removed that are publicized and the content spread over the entire internet. Meanwhile, there are an uncountable number of things removed from websites every day for legal reasons or for censorship that are simply ignored. The question isn't "ignore it and hope..." or "try to get it removed", it's more of a question "how likely is this to be covered by a major news outlet, and how pissy will they be about it". If there's only a 1% chance that it makes the front page of slashdot, it's not altogether unwise to go for it. Mass publicity does not always follow censorship. And sadly as censorship becomes more prevalent, publicity will die off with the uproar about it.
    • Re:It's always entertaining... (Score:5, Insightful)

      by Anonymous Coward on Wednesday February 20, @01:29PM (#22491284)
      3) Post an informative rebuttal. If necessary, provide evidence of the misinformation; or, if you are indeed guilty of what has been said, post a rational explanation of how/why it happened, and, again, if necessary, an apology.

      You don't need to publicize your rebuttal, however, if it is either incredibly bad or incredibly good, it will get more coverage (or similar coverage) to whatever you are trying to counter. If it's equally silly, it will likely not increase the popularity of either the original information or yours.
    • Re:It's always entertaining... (Score:5, Insightful)

      by Tom (822) on Wednesday February 20, @01:46PM (#22491568) Homepage Journal

      Something incriminating ends up online, and you have two options.
      You have three.

      3. Wash it away in a flood of misleading other information.

      That's what politicians and other people experienced at fooling the general public do. For example, look at when controversial laws are passed, it is often during times where the media's minds are elsewhere.

      I think the CIA and the NSA have the best grip on this. AFAIK there is no word "Uninformation" in their vocabulary, but the words "Disinformation" ranks highly.

      There is no negative to "information", so you can't remove it, mathematically speaking. But you can bury it under more information.
    • Re:It's always entertaining... (Score:5, Interesting)

      by srmalloy (263556) on Wednesday February 20, @02:23PM (#22492206) Homepage
      The only effective way to kill something like this is to supplant it using an equally-powerful perception by the public. One of the best examples of this is the rumor that McDonald's used worms in its burger meat; denials by various managers did nothing to halt the rumors, but were more effectively addressed by Ray Kroc:

      Ray Kroc, who bought McDonald's from Mac and Dick McDonald in 1955, added his own assurances: "We couldn't afford to grind worms into our meat," he countered. "Hamburger costs a dollar and a half a pound, and night crawlers six dollars."

      By playing to the perception of McDonald's being fixated on the bottom line, Kroc linked a more powerful meme into the rebuttal. Unfortunately, there is no comparably strong meme for the Julius Baer bank to use; they are stuck with the association that their actions have built.
  • Pirate Bay (Score:5, Insightful)

    by thewils (463314) on Wednesday February 20, @01:15PM (#22491080) Journal
    I'd be surprised if Pirate Bay has "squirreled away" copies of the leaked docs which would be just asking for trouble. It is my understanding that they don't manage content, only links to torrents providing content from elsewhere.
  • by seanadams.com (463190) * on Wednesday February 20, @01:28PM (#22491272) Homepage
    Everyone knows Cayman banks launder money, but my understanding is that at least in the case of US clients, only the client himself is actually breaking the law in his own country by not reporting those offshore assets. Did the leaked info actually incriminate a _client_ of the bank? Because the bank may in fact be confident enough that they themselves are operating legally within Swiss and or Cayman law that they don't care, or are even happy to have the exposure.
  • Bank Julius Baer had an IPO pending (Score:5, Informative)

    by Animats (122034) on Wednesday February 20, @01:46PM (#22491566) Homepage

    "Cringley" missed a key element of the story. Bank Julius Baer was preparing to take their US operation public via an IPO for about a billion dollars. They filed the prospectus [sec.gov] with the SEC a few weeks ago. "We are an asset management company that provides investment management services to institutional and mutual fund clients. We are best known for our International Equity strategies, which represented 92% of our assets under management as of September 30, 2007." They were going to call the business "Artio" (ticker symbol ART, to be listed on the NYSE). Goldman Sachs and Merrill Lynch were to underwrite the IPO. [bloomberg.com]

    So the last thing they needed was to be the subject of a New York Times story and all over the world press, associated with money laundering. Now the deal goes under a microscope. Their underwriters have to take a second look and the SEC may have questions. Julius Baer will probably have to file a "material event" 8-K report with the SEC. Newspaper and magazine reporters will be looking at Baer. The question will be raised that the rather high returns Baer reports may be achieved via money laundering.

    All this is happening in a down market, in which it's hard to do an IPO and in which investors are very sensitive to unexpected risk. The whole deal may evaporate, or be repriced downward.

    This was a very, very expensive mistake for Baer.

  • With regard to point 2... (Score:5, Funny)

    by exploder (196936) on Wednesday February 20, @01:53PM (#22491716) Homepage

    the equation Bank Julius Baer = Money Laundering is now firmly cemented in the minds of everyone who has encountered this story, regardless of whether it's true.

    If it is true, and if they can continue to get away with it, then that's some great advertising.
    • Just to be clear, this is *NOT* the same as the more famous PBS Cringely [pbs.org].

      Short story: The guy commonly thought of as "Robert X. Cringely" (in reality Mark Stephens [wikipedia.org],) was actually Infoworld's third writer in the Robert X. Cringely column (and therefore, the third to use the name.) He wrote it for so long, that when he left Infoworld, he got to keep the name, as long as he doesn't use it in another computer-industry magazine. Infoworld has been through a number of people writing as "Robert X. Cringely" since Mark Stephens' departure.

      The Infoworld column is pretty standard back-page tech-mag column material, Stephens is the one you think "has been slipping".