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steer August 21 2013, 13:42:49 UTC
Yes... the whole "he was a journalists partner" was a bit disingenuous to say the least.

Well, I'm going by the Guardian's own story -- it's pretty carefully framed.

http://www.theguardian.com/world/2013/aug/20/nsa-snowden-files-drives-destroyed-london

"They argued that the material was stolen and that a newspaper had no business holding on to it. The Official Secrets Act was mentioned but not threatened. At this stage officials emphasised they preferred a low-key route rather than go to court."

"After three weeks... The same two senior officials who had visited the Guardian the previous month returned with the message that patience with the newspaper's reporting was wearing out."

"At one point the Guardian was told: 'We are giving active consideration to the legal route.'"

"once it was obvious that they would be going to law I preferred to destroy our copy rather than hand it back to them or allow the courts to freeze our reporting."

"Talks began with government officials on a procedure that might satisfy their need to ensure the material had been destroyed, but which would at the same time protect the Guardian's sources and its journalism."

And then -- hammers/tongs/computer.

It seems, at no point were there legal proceedings or a request to do so... and, in fact, it seems clear the govt did not request this.

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andrewducker August 21 2013, 13:45:25 UTC
The explanation for why he didn't want to go to court is here:
http://liberalconspiracy.org/2013/08/20/guardian-editor-cannot-explain-why-gchq-agents-destroyed-computers-at-their-offices/

Basically, if they went to court the judge could say "Not only must you hand it back, but you can't talk about it any more." It was less of a risk to destroy it than go to court.

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steer August 21 2013, 14:05:17 UTC
I can't see anything in the article you link to saying that?

If the government went to court the court could rule "the Guardian may not report any more on this data"?

I guess we're to presume from the bottom of this:
http://www.theguardian.com/commentisfree/2013/aug/19/david-miranda-schedule7-danger-reporters#comment-26171966

That the guardian is under a D-Notice about some/all of this anyway.

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andrewducker August 21 2013, 14:10:41 UTC
It's right there in the Twitter conversation:

Malik: The @arusbridger story both shocking & surreal. But he doesn't fully explain why Gdn agreed to destroy hard drives, or how it was forced to.
Rusbridger: well, couldn't personally see how fighting govt in courts was better than being free to carry on reporting Snowden material...
Malik: Surely open and public opposition to such state interference is exactly what is needed.
Rusbridger: i think being free to report on Snowden better than sitting back & handing control over to judges
Malik: But why you think that publicly challenging such state interference amounts to 'sitting back'?
Rusbridger: because once a court freezes t material there's nothing you can do. End of reporting...

Rusbridger is saying that if they fought it (by going to court) then he risked handing control over judges and having the court freeze all of the material.

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steer August 21 2013, 14:23:49 UTC
Hahaha... oh dear. I'm so used to "comment" pages that when it turned to twitter I thought that was just random people and immediately went into "don't read beneath the line" mode and thought the article finished on "On the second point, it looks like the reason the Guardian didn’t report on this, or fight it, is because they wanted to avoid the courts."

Heh.. OK, I've ACTUALLY read what you intended now... rather than reading it and thinking it's uninformative.

"because once a court freezes t material there's nothing you can do. End of reporting..."

I like the way he sounds Lancashire here.

But it's not clear why, if they wanted to do that, the court can't freeze it anyway. What does the fact that the guardian has a physical copy on their file system have to do with that? Well, I guess we would need to be legal experts to answer questions like that.

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andrewducker August 21 2013, 14:39:09 UTC
There seems to have been a lot of political stuff around this.

Nick Clegg's office has put out a statement:
http://www.libdemvoice.org/nick-cleggs-office-speaks-out-on-miranda-detention-and-destruction-of-guardian-data-35823.html

in which it's clear that he was pressuring to avoid legal action while ensuring the data was destroyed. Paragraphs two and three of the quote, in case your eyes skip straight to the bottom :->

I can understand that the government didn't want to be taking a newspaper to court, and vice versa, so negotiation was the best way forward.

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steer August 21 2013, 14:49:52 UTC
Yes, the original Guardian article I linked to says as much. The agents wanted to make the data go away but not to involve the courts -- which seems not unreasonable as a response.

By destroying the data in so graphic a way the Guardian has found a way to make the data go away (in the UK) but the story stay around -- which I guess is a win for them.

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andrewducker August 21 2013, 15:03:21 UTC
Oh yes, I'm sure they're using this to blow their trumpet as guardians of freedom.

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steer August 21 2013, 15:09:01 UTC
This discussion has got me wondering about the whole D Notice thing and also about why they took so long to mention the whole computer destruction thing. Clearly there's a lot more to this than meets the eye.

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steer August 22 2013, 09:56:35 UTC
Hate to sound like a Lib Dem apologist but I don't think Nick Clegg is being unreasonable here. A non-court approach to destroy the potentially dangerous data seems pretty much exactly what to do if you genuinely believe the data could be potentially dangerous. Not knowing what it is I can't be sure whether that angle is real or contrived.

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andrewducker August 22 2013, 09:58:55 UTC
No, I'm pretty much with you.

There appears to have been a Massive Panic, which the actual facts do not match up with.

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steer August 22 2013, 10:04:18 UTC
This is reassuring as I respect your opinion and the majority of posts I read on this are "oh my god, we're living in Big Brother".

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andrewducker August 22 2013, 10:07:41 UTC
I do think there are still issues here, around transparency, what the legality was of taking away Miranda's property if there was no proof of wrongdoing, denying him his lawyer for several hours, etc.

But the basic facts were misrepresented, and when you go from "Secret Agents intimidating journalist's innocent husband" to "Secret agents recovering stolen national secrets" the story is radically different.

I _really_ wish that we'd had statements from the government/Nick Clegg/etc. rather sooner. Their lack of understanding of people's basic concerns bothers me.

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steer August 22 2013, 10:09:39 UTC
Yes... the legality of the detention is by far the most concerning part. (Apparently the other side says he was allowed a lawyer.) If it is legal to detain someone for nine hours without a lawyer that is not at all a good thing.

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andrewducker August 22 2013, 10:40:54 UTC
My understanding is that he was offered _a_ lawyer, but denied _his_ lawyer. And in his situation I wouldn't trust whichever lawyer the police happened to have handy.

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