Not much is getting said about the Chelsea/Bradley Manning transgender announcement.

I'm thinking it must be disappointing to some people that mean/stupid things haven't been said. Or did I miss something? There's nothing about Manning at all currently trending on Memeorandum. A search for "Chelsea Manning" at rushlimbaugh.comcomes up empty. The Blaze only quotes the Washington Post on the difficulty of reporting about someone who's acted in the past under one name and gender and now asks to be referred to differently.

I can't find anyone saying anything that gives pro-transgender advocates an opportunity to pounce. Where did all this restraint come from?

Here's James Joyner at Outside the Beltway handling the issue with great sensitivity a day after an almost agonizingly reticent discussion of the topic with Joshua Foust on Bloggingheads:



I don't think I've ever heard more hemming and hawing on Bloggingheads (and that's saying a lot).

ADDED: I do see this piece in NRO by Kevin D. Williamson, "Bradley Manning Is Not a Woman," which comes across as serious and not mean-spirited. Key passage:

We have created a rhetoric of “gender identity” that is disconnected from biological sexual fact, and we have done so largely in the service of enabling the sexual mutilation of physically healthy men and women (significantly more men) by medical authorities who should be barred by professional convention if not by conscience from the removal of healthy organs (and limbs, more on that later), an act that by any reasonable standard ought to be considered mutilation rather than therapy. This is not to discount the feelings of people who suffer from gender-identity disorders — to the contrary, those feelings must be taken into account in determining courses of treatment for people who have severe personality disorders.

That's very focused on surgical intervention, which requires the participation of doctors. Speaking of things that can be disconnected, you could disconnect that surgery from more speech- and expression-based things about names, pronouns, dress, and behavior. Why can't those things be treated more like other matters of conscience, like religion, where we leave people to their own notions?

"I am Chelsea Manning. I am a female. Given the way that I feel, and have felt since childhood..."

"... I want to begin hormone therapy as soon as possible. I hope that you will support me in this transition."

Said Bradley Manning, in a statement released after he received his sentence of 35 years.

The statement went on to request that Private Manning’s supporters “refer to me by my new name and use the feminine pronoun (except in official mail to the confinement facility).” It was signed, “Chelsea Manning.”

Woke up, it was a Chelsea Manning.... and the first thing that I knew/There was milk and toast and honey and a bowl of oranges, too...

Private Manning’s decision to live as a woman raises questions of how the Army prison at Fort Leavenworth, Kan., where he will be held, will respond. A spokeswoman for the prison recently told Courthouse News that the prison does not provide hormone therapy or gender-reassignment surgery. As is the case for all soldiers, transgender inmates are only eligible for psychiatric care, she said....

[Manning's lawyer David] Coombs said that if the military did not provide hormone therapy willingly, “then I’m going to do everything in my power to make sure they are forced to do so.”

When asked whether Private Manning’s ultimate goal was to be housed in prison with women, instead of men, Mr. Coombs said, “No, I think the ultimate goal is to be comfortable in her skin and to be the person that she’s never had an opportunity to be.”

And the sun poured in like butterscotch and stuck to all my senses... That's not really what prison is supposed to be. Not so much butterscotch sun in there. 

Oh, won't you stay/We'll put on the day 35 years/And we'll talk in present tenses....

This is a complicated prison law question which I've never researched, and I don't have a position on what the right answer is. It's easy to say prison should be stark, but medical treatments should not be withheld. The issue of who should be housed with whom is difficult, and we don't want prisoners hurting each other. As for sexuality, is the official policy to deny all sexual expression to prisoners? If so, is that enforced across the board? If not, what should the answer be for someone who chooses/feels called to express himself/herself this way?

And here's the erstwhile "Bradley Manning" page at Wikipedia right now:

"I’m sorry I hurt people. I’m sorry that I hurt the United States."

"I’m apologizing for the unintended consequences of my actions. I believed I was going to help people, not hurt people."

"Snowden is a ‘card’ that China never expected... But China is neither adept at nor used to playing it."

Said an editorial in The Global Times, which the NYT identifies as "a nationalistic mainland Chinese newspaper under the direct control of the Communist Party."

The commentary also called for China and Hong Kong to treat Mr. Snowden kindly enough so that others with national security secrets will not be discouraged from fleeing here. “China should make sure that Hong Kong is not the last place where other ‘Snowdens’ want to go,” it said.

The NYT ends the article with a quote from London lawyer Geoffrey Robertson, who has represented Julian Assange. Robertson criticizes the British government's threatening to fine airlines if they bring Snowden to their country:

“This is a power hitherto used only against those who incite terrorism, race hatred and homophobia — never before against whistle-blowers,” Mr. Robertson wrote in an e-mail. “The British government is simply afraid that its judges, who are fiercely independent, and the European court would embarrass its closest ally by ruling that Snowden could not be extradited because, even if his 'revelations' prove to be mistaken, he would be subjected to oppressive treatment akin to that being meted out to Bradley Manning”....

In Robertson's analysis, disclosing national security secrets is supposed to be less severe than private speech expressing the hateful ideas: Snowden is a "whistle-blower," who has released good and useful speech to the general public.

The source of the NSA link: It's 29-year-old Edward Snowden, who has worked at the NSA for outside contractors.

The Guardian reveals at Snowden's request.

"I have no intention of hiding who I am because I know I have done nothing wrong," he said.... In a note accompanying the first set of documents he provided, he wrote: "I understand that I will be made to suffer for my actions," but "I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant."...

He has had "a very comfortable life" that included a salary of roughly $200,000, a girlfriend with whom he shared a home in Hawaii, a stable career, and a family he loves. "I'm willing to sacrifice all of that because I can't in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they're secretly building."...

He relocated to a hotel in Hong Kong on May 20th, where he worries about being spied on:

He lines the door of his hotel room with pillows to prevent eavesdropping. He puts a large red hood over his head and laptop when entering his passwords to prevent any hidden cameras from detecting them....

He described how he once viewed the internet as "the most important invention in all of human history". As an adolescent, he spent days at a time "speaking to people with all sorts of views that I would never have encountered on my own".

But he believed that the value of the internet, along with basic privacy, is being rapidly destroyed by ubiquitous surveillance. "I don't see myself as a hero," he said, "because what I'm doing is self-interested: I don't want to live in a world where there's no privacy and therefore no room for intellectual exploration and creativity."

ADDED: I suspect that he — and those in media whom he worked with — timed this to shape opinion about Bradley Manning, whose trial began this past week.

"We were obsessed with capturing and killing human targets on lists and ignoring goals and missions."

"I believed if the public, particularly the American public, could see this it could spark a debate on the military and our foreign policy in general [that] might cause society to reconsider the need to engage in counter-terrorism while ignoring the human situation of the people we engaged with every day."

Bradley Manning, pleading guilty.

"Reddit, Creative Commons and Demand Progress co-founder Aaron Swartz committed suicide in New York City on Friday, Jan. 11."

"He was 26 years old."

Aaron Swartz was facing a potential sentence of dozens of years in prison for allegedly trying to make MIT academic journal articles public.... In September 2012, Aaron Swartz was charged with thirteen counts of felony hacking. In July 2011 Swartz was arrested for allegedly scraping 4 million MIT papers from the JSTOR online journal archive....

Swartz's subsequent struggle for money to offset legal fees to fight the Department of Justice and stay afloat was no secret....

Demand Progress — itself an organization focused on online campaigns dedicated to fighting for civil liberties, civil rights, and progressive government reform - compared The Justice Department's indictment of Swartz to "trying to put someone in jail for allegedly checking too many books out of the library."

Swartz's suicide came two days after JSTOR announced it is releasing "more than 4.5 million articles" to the public.

ADDED: Here's a podcast from a year ago in which Swartz discusses his activism stopping SOPA (the The Stop Online Piracy Act). The part with Swartz begins at 17:20.

AND: Here's Swartz's Wikipedia page. Picture:



ALSO: Cory Doctorow:

I met Aaron when he was 14 or 15.... Aaron accomplished some incredible things in his life... His stunts were breathtaking. At one point, he singlehandedly liberated 20 percent of US law. PACER, the system that gives Americans access to their own (public domain) case-law, charged a fee for each such access....

Somewhere in there, Aaron's recklessness put him right in harm's way. Aaron snuck into MIT and planted a laptop in a utility closet, used it to download a lot of journal articles (many in the public domain), and then snuck in and retrieved it. This sort of thing is pretty par for the course around MIT, and though Aaron wasn't an MIT student, he was a fixture in the Cambridge hacker scene, and associated with Harvard, and generally part of that gang, and Aaron hadn't done anything with the articles (yet), so it seemed likely that it would just fizzle out.

Instead, they threw the book at him. Even though MIT and JSTOR (the journal publisher) backed down, the prosecution kept on. I heard lots of theories: the feds who'd tried unsuccessfully to nail him for the PACER/RECAP stunt had a serious hate-on for him; the feds were chasing down all the Cambridge hackers who had any connection to Bradley Manning in the hopes of turning one of them, and other, less credible theories. A couple of lawyers close to the case told me that they thought Aaron would go to jail.

This morning, a lot of people are speculating that Aaron killed himself because he was worried about doing time.... But Aaron was also a person who'd had problems with depression for many years. He'd written about the subject publicly, and talked about it with his friends.

AND: I started a new post for the Lessig commentary.