Civics, First Amendment and Academic Freedom: Barton Gellman at Purdue

Barton Gellman

Eugene Spafford, a Purdue professor of computer science who has held high clearances himself, wrote to me afterward. “We have a number of ‘junior security rangers’ on faculty and staff who tend to be ‘by the book.’ Unfortunately, once noted, that is something that cannot be unnoted.”

Sure enough, someone filed a report with the above-mentioned Information Assurance Officer, who reported in turn to Purdue’s representative at the Defense Security Service. By the terms of its Pentagon agreement, Purdue was officially obliged to be shocked to find that spillage is going on at a talk about Snowden and the NSA. Three secret slides, covering perhaps five of my 90 minutes on stage, required that video be wiped in its entirety.

This was, I think, a rather devout reading of the rules. (Taken literally, the rules say Purdue should also have notified the FBI. I do not know whether that happened.) A more experienced legal and security team might have taken a deep breath and applied the official guidance to “realistically consider the potential harm that may result from compromise of spilled information.”

Or perhaps not. Yes, the images I displayed had been viewed already by millions of people online. Even so, federal funding might be at stake for Purdue, and the notoriously vague terms of the Espionage Act hung over the decision. For most lawyers, “abundance of caution” would be the default choice.

Much more on Barton Gellman here.