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Comment by whattheheckheck

8 months ago

Why are you specifically calling out you are not suggesting punishment nor prosecution?

Because I don't know whether either of those are appropriate.

There aren't many comparable breaches to this one. The closest in modern times may be Hillary Clinton's email server being used for government business. In that case, the FBI investigated and declined to bring charges, under the expectation that a jury would be unlikely to render a guilty verdict.

Okay, fine. But the FBI investigated and laid out the facts.

My fear is that the current administration sees this as a PR problem. No, this was an operational failure. We should feel lucky that merely an American journalist was added by mistake.

We should expect the FBI to investigate this, too. But I worry the facts are too inconvenient for even that level of accountability.

  • Why would we expect Patel and Bongino to investigate anything here? They were put there to investigate anyone else other than the current administration.

    Why would any FBI agent take a risk on investigating anyone potentially in current or future administrations? They'll get fired later when the political winds change.

    • With the current administration I expect that fierce loyalty trumps both competence and accountability. Sadly, I expect to see many more such examples of amateur hour.

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  • 18 USC 793(f) seems to apply here:

    "Whoever, being entrusted with or having lawful possession or control of any document, writing ... through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust ... and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

    Shall be fined under this title or imprisoned not more than ten years, or both."

    We can only guess about the "prompt reporting of the issue", but from what I've seen and heard I'm willing to put money on the fact that, no, this was not reported.

    •     > through gross negligence
      

      If you talk to someone with a law degree (judge, lawyer, whatever), they will tell you that "gross negligence" is very high barrier to cross in US law. Most people misunderstand that. It is very unlikely that any of the people in that chat group would be found grossly negligent, especially for their first mistake. Please do not read that last sentence as an apology or excuse for their behaviour; they should be reprimanded for it.

  • There is no reason to believe we are lucky. Instead, this is more of a canary in the coal mine that the DOD OIG and Congress are less able to excuse for a long-running hazard.

    How much of the administration, for how long, and for what, is using hackable systems and without mandated audit trails for protected communications? Whether external hackers are already successfully snooping, or internal cover-ups are happening of ongoing corruption, both are deeply problematic, and can be happening in parallel to stupid leaks like this. Likewise, we can't even investigate and cleanup properly because these people are illegally deleting the forensic data for their illegal and insecure actions.

    It's not even a surprise. Ex: It's already pretty well documented to embarrassing extents like the president flushing official documents down toilets and clogging them. Ex: The admins use of signal was a thing in the first term as well. The only new thing afaict is the public and checks-and-balances people have the evidence in front of them of illegal use when accepting the lies and criminality.

  • > We should feel lucky that merely an American journalist was added by mistake.

    This time. We also have no idea how many times this has happened without the unique circumstances where the person incorrectly included would draw attention to the leak as part of their job as a journalist.

    Generally speaking, if something like this can happen once, it has probably happened more than once.

    We probably are very lucky that the time it very publicly happened was fairly early on in the tenure of this dumpster fire of a Presidential cabinet.

    Of course instead of them seeing it this way they are certain to keep going after the journalist in an attempt to make him the bad guy of the story to project blame away, because that is what incompetent people do.

    • Right, among the reasons not to use Signal for this sort of thing is that it is explicitly difficult to verify within Signal that a contact is who you think it is. It can be a secure channel if used correctly. This shows these people are not using it correctly.

  • > FBI investigated and declined to bring charges

    Does the FBI make this determination? Wouldn’t that be the Attorney General’s call?

    • Yeah, they do. The US Attorneys and the Attorney General are allowed to give input typically into whether any investigation is prosecutable.

      Now did they investigate it? Probably not.

      What's interesting to me is that personal phones were not seized for forensic examination though.

      Were the phones hacked by foreign agents? What other uses was signal used for?

      6 replies →

  • > We should feel lucky that merely an American journalist was added by mistake.

    Might not even be the first time already, just the first time they messed up and we found out...

  • [flagged]

    • The fact that nobody on the thread spoke up and said "we shouldn't be talking about this on Signal" worries me greatly.

      One possible explanation is that it happens all the time.

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    • > There was no classified information on Clinton's server.

      This is absolutely false, or as the kids call it, "misinformation".

      A 3 second Google search confirms:

      100 emails contained information that should have been deemed classified at the time they were sent, including 65 emails deemed "Secret" and 22 deemed "Top Secret". An additional 2,093 emails were retroactively designated confidential by the State Department.

      The whole issue with her emails is she purposely never labeled anything so as to have plausible deniability.

      5 replies →

    • It is significantly more severe than the diplomatic cables and the other leaks that Assange and Manning each did a decade for.

  • Assuming this to be true, this conversation is over.

    "The Biden administration installed the Signal messaging app on CIA computers and approved it for official government use."

    https://pjmedia.com/matt-margolis/2025/03/25/has-the-staffer...

    • It looks like it was approved only for CIA use with permissible use. Even though it was installed, did not mean it was suitable for all communications.

      Here's the important relevant quote:

          "It is permissible to use to communicate and coordinate
           for work purposes. Provided that any decisions that are 
           made are also recorded through formal channels. So 
           those were procedures that were implemented. My staff 
           implemented those processes," Ratcliffe said.
      
          "My communications, to be clear, in a Signal message 
           group were entirely permissible and lawful and did not 
           include classified information," he added.
      
      

      https://www.yahoo.com/news/cia-director-john-ratcliffe-defen...

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    • I think that there is a parallel story to this one that is equally as interesting. There is one group of consumers of this story who see the receipts provided by Jeffery Goldberg, along with confirmation of their authenticity from a spokesperson at the National Security Council, followed by admissions by cabinet member participants of the Signal chat in hearings before congress, and those consumers of all this news can only conclude that the evidence is about as conclusive as you can get that Jeffery Goldberg is telling the truth, that these people are sharing the names of active intelligence officers, and describing imminent plans of action of the US military.

      Then there is another group of consumers of this story, with the same access to all of the same evidence, and all of the same first person confirmations, who confidently declare the argument that this might be illegal null and void because Joe Biden allowed the CIA to use signal, and are persuaded away from accepting all of that evidence by articles with that contain such gems as "what the media wont tell you about the Atlantic hit piece", "Democrats talking points on this story quickly unraveled", and "help us continue to expose the lefts desperate attempts to manufacture scandals".

      How can propaganda be so effective that people lose the skill of object permanence?

      12 replies →

  • Incorrect.

    "Clinton has said that she never used her personal email to send information that was marked classified at the time, although some of her emails had been retroactively classified.

    Comey says that's not true. Of 30,000 emails Clinton turned over to the State Department in 2014, FBI investigators found 110 emails containing information that was classified at the time the email was sent. Eight of those were top secret, the highest level of classification."

    "Another 2,000 emails have been retroactively classified since they were sent, Comey said."

    https://www.npr.org/sections/thetwo-way/2016/07/05/484785586...

    • In reading deeper, many or most of these "classified" emails are comments on news stories that revealed information that another department would rather keep secret, such as news articles about CIA drone strikes, while the CIA at the time wouldn't acknowledge they had a a drone program.

      Clinton argued at the time that such emails aren't and shouldn't be classified, since she didn't discuss any information sourced from the CIA, but only the publicly available news article. That seems to me to be at least a reasonable stance.

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because hackernews is full of people who cultivate a specific naivety when it comes to power so they don't have to contemplate their responsibility or position therin. its endemic and I have a hobby pointing it out again, and again, and again.

Because he wants the behavior to change, as it is a risk to the country's security. Typically these types of things at this level rarely result in prosecution; the compromise typically is a change in behavior / promise to do better / etc.