US data sweep harms press, rights: study

Large-scale surveillance by the US government is starting to impact upon press freedom and broader democratic rights, according to a new study.

Large-scale surveillance by the US government has begun to have an impact on press freedom and broader democratic rights, a study shows.

The report by the American Civil Liberties Union and Human Rights Watch found the vast surveillance efforts aimed at thwarting terrorist attacks have undermined press freedom and the public's right to information as well as rights to legal counsel.

"The work of journalists and lawyers is central to our democracy," report author Alex Sinha said on Monday. "When their work suffers, so do we."

The report is based on interviews with 92 people in the United States, including journalists, lawyers, and current and former US government officials. The group included 46 journalists representing a wide range of news organisations, including several Pulitzer Prize winners.

The journalists said the revelations about widespread surveillance by US intelligence agencies has magnified existing concerns about a government crackdown on leaks.

In the current atmosphere, sources are more hesitant to discuss even unclassified issues of public concern, fearing a loss of security clearances, dismissal or criminal investigation, they said.

The report said some reporters are using elaborate techniques to avoid surveillance such as encrypted communications, use of disposable phones or avoiding the internet and other networks entirely.

The journalists said they feared coming under suspicion for doing their jobs.

They said the increase in the US government's prosecution of officials in leak investigations prompted initial concern, then magnified by revelations from former National Security Agency contractor Edward Snowden.

"It is not lost on us, or on our sources, that there have been eight criminal cases against sources (under the current administration) versus three before" - under all previous administrations combined, said Charlie Savage, a Pulitzer Prize-winning reporter for the New York Times.

Peter Maass of The Intercept said things "got worse significantly after the Snowden documents came into circulation. If you suspected the government had the capability to do mass surveillance, you found out it was certainly true."

Lawyers meanwhile complained that surveillance has created concerns about their ability to build trust and develop legal strategy in a confidential environment.

Some lawyers are using techniques similar to those used by journalists to avoid leaving a digital trail.

"I'll be damned if I have to start acting like a drug dealer in order to protect my client's confidentiality," said one.


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