Plausible Deniability
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Plausible deniability is the ability of people, typically senior officials in a formal or informal chain of command, to deny knowledge of or responsibility for any damnable actions committed by members of their organizational hierarchy. They may do so because of a lack or absence of evidence that can confirm their participation, even if they were personally involved in or at least willfully ignorant of the actions. If illegal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such acts to insulate themselves and shift the blame onto the agents who carried out the acts, as they are confident that their doubters will be unable to prove otherwise. The lack of evidence to the contrary ostensibly makes the denial plausible (credible), but sometimes, it makes any accusations only unactionable. The term typically implies forethought, such as intentionally setting up the conditions for the plausible avoidance of responsibility for one's future actions or knowledge. In some organizations, legal doctrines such as command responsibility exist to hold major parties responsible for the actions of subordinates who are involved in heinous acts and nullify any legal protection that their denial of involvement would carry. In
politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
and
espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
, deniability refers to the ability of a powerful player or intelligence agency to pass the buck and to avoid blowback by secretly arranging for an action to be taken on its behalf by a third party that is ostensibly unconnected with the major player. In political campaigns, plausible deniability enables candidates to stay clean and denounce third-party advertisements that use unethical approaches or potentially libelous innuendo. Although plausible deniability has existed throughout history, the term was coined by the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
in the early 1960s to describe the withholding of information from senior officials to protect them from repercussions if illegal or unpopular activities became public knowledge.


Overview

Arguably, the key concept of plausible deniability is plausibility. It is relatively easy for a government official to issue a blanket denial of an action, and it is possible to destroy or cover up evidence after the fact, that might be sufficient to avoid a criminal prosecution, for instance. However, the public might well disbelieve the denial, particularly if there is strong circumstantial evidence or if the action is believed to be so unlikely that the only logical explanation is that the denial is false. The concept is even more important in espionage. Intelligence may come from many sources, including human sources. The exposure of information to which only a few people are privileged may directly implicate some of the people in the disclosure. An example is if an official is traveling secretly, and only one aide knows the specific travel plans. If that official is assassinated during his travels, and the circumstances of the assassination strongly suggest that the assassin had foreknowledge of the official's travel plans, the probable conclusion is that his aide has betrayed the official. There may be no direct evidence linking the aide to the assassin, but collaboration can be inferred from the facts alone, thus making the aide's denial implausible.


History

The term's roots go back to US President Harry Truman's
National Security Council A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...
Paper 10/2 of June 18, 1948, which defined "covert operations" as "all activities (except as noted herein) which are conducted or sponsored by this Government against hostile foreign states or groups or in support of friendly foreign states or groups but which are so planned and executed that any US Government responsibility for them is not evident to unauthorized persons and that if uncovered the US Government can plausibly disclaim any responsibility for them." During the
Eisenhower administration Dwight D. Eisenhower's tenure as the 34th president of the United States began with his first inauguration on January 20, 1953, and ended on January 20, 1961. Eisenhower, a Republican from Kansas, took office following a landslide victory ov ...
, NSC 10/2 was incorporated into the more-specific NSC 5412/2 "Covert Operations." NSC 5412 was declassified in 1977 and is located at the National Archives. The expression "plausibly deniable" was first used publicly by
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA) Director
Allen Dulles Allen Welsh Dulles (, ; April 7, 1893 – January 29, 1969) was the first civilian Director of Central Intelligence (DCI), and its longest-serving director to date. As head of the Central Intelligence Agency (CIA) during the early Cold War, he ov ...
. The idea, on the other hand, is considerably older. For example, in the 19th century,
Charles Babbage Charles Babbage (; 26 December 1791 – 18 October 1871) was an English polymath. A mathematician, philosopher, inventor and mechanical engineer, Babbage originated the concept of a digital programmable computer. Babbage is considered ...
described the importance of having "a few simply honest men" on a committee who could be temporarily removed from the deliberations when "a peculiarly delicate question arises" so that one of them could "declare truly, if necessary, that he never was present at any meeting at which even a questionable course had been proposed."


Church Committee

A
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
committee, the
Church Committee The Church Committee (formally the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities) was a US Senate select committee in 1975 that investigated abuses by the Central Intelligence ...
, in 1974–1975 conducted an investigation of the intelligence agencies. In the course of the investigation, it was revealed that the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
, going back to the Kennedy administration, had plotted the assassination of a number of foreign leaders, including
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
's
Fidel Castro Fidel Alejandro Castro Ruz (; ; 13 August 1926 – 25 November 2016) was a Cuban revolutionary and politician who was the leader of Cuba from 1959 to 2008, serving as the prime minister of Cuba from 1959 to 1976 and president from 1976 to 200 ...
, but the president himself, who clearly supported such actions, was not to be directly involved so that he could deny knowledge of it. That was given the term "plausible denial." Plausible denial involves the creation of power structures and chains of command loose and informal enough to be denied if necessary. The idea was that the CIA and later other bodies could be given controversial instructions by powerful figures, including the
president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
himself, but that the existence and true source of those instructions could be denied if necessary if, for example, an operation went disastrously wrong and it was necessary for the administration to disclaim responsibility.


Later legislative barriers

The Hughes–Ryan Act of 1974 sought to put an end to plausible denial by requiring a presidential finding for each operation to be important to national security, and the
Intelligence Oversight Act The Intelligence Oversight Act of 1980 is a United States federal law that amended the Hughes–Ryan Act and requires United States government agencies to report covert actions to the House Permanent Select Committee on Intelligence (HPSCI) a ...
of 1980 required for Congress to be notified of all covert operations. Both laws, however, are full of enough vague terms and escape hatches to allow the executive branch to thwart their authors' intentions, as was shown by the Iran–Contra affair. Indeed, the members of Congress are in a dilemma since when they are informed, they are in no position to stop the action, unless they leak its existence and thereby foreclose the option of covertness.
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
Under Cover, or Out of Control? November 29, 1987 Section 7; p. 3, Column 1 ''(Book Review of 2 books: The Perfect Failure and Covert Action)''


Media reports


Iran–Contra affair

In his testimony to the congressional committee studying the Iran–Contra affair, Vice Admiral John Poindexter stated: "I made a deliberate decision not to ask the President, so that I could insulate him from the decision and provide some future deniability for the President if it ever leaked out."


Declassified government documents

* A telegram from the Ambassador in Vietnam
Henry Cabot Lodge Jr. Henry Cabot Lodge Jr. (July 5, 1902 – February 27, 1985) was an American diplomat and Republican United States senator from Massachusetts in both Senate seats in non-consecutive terms of service and a United States ambassador. He was considered ...
, to Special Assistant for National Security Affairs
McGeorge Bundy McGeorge "Mac" Bundy (March 30, 1919 – September 16, 1996) was an American academic who served as the U.S. National Security Advisor to Presidents John F. Kennedy and Lyndon B. Johnson from 1961 through 1966. He was president of the Ford Founda ...
on US options with respect to a possible coup, mentions plausible denial. * CIA and White House documents on covert political intervention in the 1964 Chilean election have been declassified. The CIA's Chief of Western Hemisphere Division, J.C. King, recommended for funds for the campaign to "be provided in a fashion causing ( Eduardo Frei Montalva president of Chile) to infer United States origin of funds and yet permitting plausible denial." * Training files of the CIA's covert " Operation PBSuccess" for the 1954 coup in Guatemala describe plausible deniability. According to the
National Security Archive The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The Nat ...
: "Among the documents found in the training files of Operation PBSuccess and declassified by the Agency is a CIA document titled 'A Study of Assassination.' A how-to guide book in the art of political killing, the 19-page manual offers detailed descriptions of the procedures, instruments, and implementation of assassination." The manual states that to provide plausible denial, "no assassination instructions should ever be written or recorded."


Soviet operations

In the 1980s, the Soviet
KGB The KGB (russian: links=no, lit=Committee for State Security, Комитет государственной безопасности (КГБ), a=ru-KGB.ogg, p=kəmʲɪˈtʲet ɡəsʊˈdarstvʲɪn(ː)əj bʲɪzɐˈpasnəsʲtʲɪ, Komitet gosud ...
ran OPERATION INFEKTION (also called "OPERATION DENVER"), which utilised the East German
Stasi The Ministry for State Security, commonly known as the (),An abbreviation of . was the Intelligence agency, state security service of the East Germany from 1950 to 1990. The Stasi's function was similar to the KGB, serving as a means of maint ...
and Soviet-affiliated press to spread the idea that HIV/AIDS was an engineered bioweapon. The Stasi acquired plausible deniability on the operation by covertly supporting biologist
Jakob Segal Jakob Segal (17 April 1911 – 30 September 1995) was a Russian-born German biology professor at Humboldt University of Berlin in the former East Germany. He was one of the advocates of the conspiracy theory that HIV was created by the United St ...
, whose stories were picked up by international press, including "numerous bourgeois newspapers" such as the ''
Sunday Express The ''Daily Express'' is a national daily United Kingdom middle-market newspaper printed in tabloid format. Published in London, it is the flagship of Express Newspapers, owned by publisher Reach plc. It was first published as a broadsheet i ...
''. Publications in third-party countries were then cited as the originators of the claims. Meanwhile, Soviet intelligence obtained plausible deniability by utilising the German Stasi in the disinformation operation.


Little green men and Wagner Group

In 2014, "
Little green men Little green men is the stereotypical portrayal of extraterrestrials as little humanoid creatures with green skin and sometimes with antennae on their heads. The term is also sometimes used to describe gremlins, mythical creatures known for cau ...
" — troops without insignia carrying modern Russian military equipment, emerged at the start of the
Russo-Ukrainian War The Russo-Ukrainian War; uk, російсько-українська війна, rosiisko-ukrainska viina. has been ongoing between Russia (alongside Russian separatist forces in Donbas, Russian separatists in Ukraine) and Ukraine since Feb ...
, which ''
The Moscow Times ''The Moscow Times'' is an independent English-language and Russian-language online newspaper. It was in print in Russia from 1992 until 2017 and was distributed free of charge at places frequented by English-speaking tourists and expatriates s ...
'' described as a tactic of plausible deniability. The " Wagner Group" a Russian private military company has been described as an attempt at plausible deniability for Kremlin-backed interventions in Ukraine, Syria, and in various interventions in Africa.


Flaws

* It is an open door to the abuse of authority by requiring that the parties in question to be said to be able to have acted independently, which, in the end, is tantamount to giving them license to act independently. * The denials are sometimes seen as plausible but sometimes seen through by both the media and the populace. * Plausible deniability increases the risk of misunderstanding between senior officials and their employees.
Church Committee The Church Committee (formally the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities) was a US Senate select committee in 1975 that investigated abuses by the Central Intelligence ...
IV. Section C Subsection 5 Page 277: ::''"Plausible denial" increases the risk of misunderstanding. Subordinate officials should describe their proposals in clear, precise, and brutally frank language; superiors are entitled to, and should demand, no less''


Other examples

Another example of plausible deniability is someone who actively avoids gaining certain knowledge of facts because it benefits that person not to know. As an example, a
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
may suspect that facts exist that would hurt his case but decide not to investigate the issue because if he has actual knowledge, the rules of ethics might require him to reveal the facts to the opposing side.


Council on Foreign Relations


Use in computer networks

In computer networks, plausible deniability often refers to a situation in which people can deny transmitting a file, even when it is proven to come from their computer. That is sometimes done by setting the computer to relay certain types of broadcasts automatically in such a way that the original transmitter of a file is indistinguishable from those who are merely relaying it. In that way, those who first transmitted the file can claim that their computer had merely relayed it from elsewhere. This principle is used in the
opentracker Opentracker is a free (licensed as beerware) BitTorrent peer tracker software (a special kind of HTTP or UDP server software) that is designed to be fast and to have a low consumption of system resources. Features Several instances of op ...
bittorrent implementation by including random IP addresses in peer lists. In encrypted messaging protocols, such as
bitmessage Bitmessage is a decentralized, encrypted, peer-to-peer, trustless communications protocol that can be used by one person to send encrypted messages to another person, or to multiple subscribers. Bitmessage was conceived by software developer Jon ...
, every user on the network keeps a copy of every message, but is only able to decrypt their own and that can only be done by trying to decrypt every single message. Using this approach it is impossible to determine who sent a message to whom without being able to decrypt it. As everyone receives everything and the outcome of the decryption process is kept private. It can also be done by a VPN if the host is not known. In any case, that claim cannot be disproven without a complete decrypted log of all network connections.


Freenet file sharing

The Freenet file sharing network is another application of the idea by obfuscating data sources and flows to protect operators and users of the network by preventing them and, by extension, observers such as censors from knowing where data comes from and where it is stored.


Use in cryptography

In
cryptography Cryptography, or cryptology (from grc, , translit=kryptós "hidden, secret"; and ''graphein'', "to write", or ''-logia'', "study", respectively), is the practice and study of techniques for secure communication in the presence of adver ...
,
deniable encryption In cryptography and steganography, plausibly deniable encryption describes encryption techniques where the existence of an encrypted file or message is deniable in the sense that an adversary cannot prove that the plaintext data exists. The users ...
may be used to describe steganographic techniques in which the very existence of an encrypted file or message is deniable in the sense that an adversary cannot prove that an encrypted message exists. In that case, the system is said to be "fully undetectable". Some systems take this further, such as MaruTukku, FreeOTFE and (to a much lesser extent)
TrueCrypt TrueCrypt is a discontinued source-available freeware utility used for on-the-fly encryption (OTFE). It can create a virtual encrypted disk within a file, or encrypt a partition or the whole storage device (pre-boot authentication). On 28 May ...
and VeraCrypt, which nest encrypted data. The owner of the encrypted data may reveal one or more keys to decrypt certain information from it, and then deny that more keys exist, a statement which cannot be disproven without knowledge of all encryption keys involved. The existence of "hidden" data within the overtly encrypted data is then ''deniable'' in the sense that it cannot be proven to exist.


Programming

The
Underhanded C Contest The Underhanded C Contest is a programming contest to turn out code that is malicious, but passes a rigorous inspection, and looks like an honest mistake even if discovered. The contest rules define a task, and a malicious component. Entries m ...
is an annual programming contest involving the creation of carefully crafted defects, which have to be both very hard to find and plausibly deniable as mistakes once found.


See also


References


Further reading

* * * * *


External links

{{Wiktionary * Sections of the Church Committee about plausible denial on wikisource.org
Church Committee reports (Assassination Archives and Research Center)

Church Report: Covert Action in Chile 1963-1973 (U.S. Dept. of State)

Original 255 pages of Church Committee "Findings and Conclusions" in pdf file
Central Intelligence Agency operations Political terminology Military terminology Euphemisms Accountability