Daniel in Brookline

Last March, the federal government set up a Web site to make public a vast archive of Iraqi documents captured during the war. The Bush administration did so under pressure from Congressional Republicans who had said they hoped to "leverage the Internet" to find new evidence of the prewar dangers posed by Saddam Hussein.

But in recent weeks, the site has posted some documents that weapons experts say are a danger themselves: detailed accounts of Iraq's secret nuclear research before the 1991 Persian Gulf war. The documents, the experts say, constitute a basic guide to building an atom bomb.
. . .
The documents, roughly a dozen in number, contain charts, diagrams, equations and lengthy narratives about bomb building that nuclear experts who have viewed them say go beyond what is available elsewhere on the Internet and in other public forums. For instance, the papers give detailed information on how to build nuclear firing circuits and triggering explosives, as well as the radioactive cores of atom bombs.
. . .
The government had received earlier warnings about the contents of the Web site. Last spring, after the site began posting old Iraqi documents about chemical weapons, United Nations arms-control officials in New York won the withdrawal of a report that gave information on how to make tabun and sarin, nerve agents that kill by causing respiratory failure.

The campaign for the online archive was mounted by conservative publications and politicians, who said that the nation's spy agencies had failed adequately to analyze the 48,000 boxes of documents seized since the March 2003 invasion. With the public increasingly skeptical about the rationale and conduct of the war, the chairmen of the House and Senate intelligence committees argued that wide analysis and translation of the documents--most of them in Arabic--would reinvigorate the search for clues that Hussein had resumed his unconventional arms programs in the years before the invasion. American search teams never found such evidence.

Banking Data: A Mea Culpa

Since the job of public editor requires me to probe and question the published work and wisdom of Times journalists, there’s a special responsibility for me to acknowledge my own flawed assessments.

My July 2 column strongly supported The Times’s decision to publish its June 23 article on a once-secret banking-data surveillance program. After pondering for several months, I have decided I was off base. There were reasons to publish the controversial article, but they were slightly outweighed by two factors to which I gave too little emphasis. While it’s a close call now, as it was then, I don’t think the article should have been published.

Those two factors are really what bring me to this corrective commentary: the apparent legality of the program in the United States, and the absence of any evidence that anyone’s private data had actually been misused. I had mentioned both as being part of “the most substantial argument against running the story,” but that reference was relegated to the bottom of my column.

The source of the data, as my column noted, was the Society for Worldwide Interbank Financial Telecommunication, or Swift. That Belgium-based consortium said it had honored administrative subpoenas from the American government because it has a subsidiary in this country.

I haven’t found any evidence in the intervening months that the surveillance program was illegal under United States laws. Although data-protection authorities in Europe have complained that the formerly secret program violated their rules on privacy, there have been no Times reports of legal action being taken. Data-protection rules are often stricter in Europe than in America, and have been a frequent source of friction.

Also, there still haven’t been any abuses of private data linked to the program, which apparently has continued to function. That, plus the legality issue, has left me wondering what harm actually was avoided when The Times and two other newspapers disclosed the program. The lack of appropriate oversight — to catch any abuses in the absence of media attention — was a key reason I originally supported publication. I think, however, that I gave it too much weight.

In addition, I became embarrassed by the how-secret-is-it issue, although that isn’t a cause of my altered conclusion. My original support for the article rested heavily on the fact that so many people already knew about the program that serious terrorists also must have been aware of it. But critical, and clever, readers were quick to point to a contradiction: the Times article and headline had both emphasized that a “secret” program was being exposed. (If one sentence down in the article had acknowledged that a number of people were probably aware of the program, both the newsroom and I would have been better able to address that wave of criticism.)

What kept me from seeing these matters more clearly earlier in what admittedly was a close call? I fear I allowed the vicious criticism of The Times by the Bush administration to trigger my instinctive affinity for the underdog and enduring faith in a free press — two traits that I warned readers about in my first column.

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"I heard about the coup this morning when I woke up," said Jay Brooker, a 23-year-old British traveler walking in Khao San, a neighborhood popular with backpackers and foreign youths.

"My friends back in North London were e-mailing me to see if I was all right. I told them that I was just fine. Other than the soldiers, the place hasn't changed one bit."

By choosing not to cover it, the MSM not only violated basic principles of journalism (and the NYT its own credo), but missed the most important story of the day.

When there is a demonstration involving tens of thousands of people, on the steps of the United Nations, when the attendees include the Governor of New York, a Foreign Minister from a nation in the Middle East, three Ambassadors, prominent individuals such as Elie Wiesel and Alan Dershowitz, and when -- in addition -- one of the speakers is . . . the U.S. Ambassador to the United Nations, you might (if you’re the MSM) check in and see if he says anything significant, since he is appearing at an important moment in a highly visible public forum.