What the Dog Saw

she’s rushing out of the house and thinking murderous thoughts on the airplane. Dorothy Lewis also charges out of her house and thinks murderous thoughts. But the dramatic function of that scene is to make us think, in that moment, that Agnetha is crazy. And the one inescapable fact about Lewis is that she is not crazy: she has helped get people to rethink their notions of criminality because of her unshakable command of herself and her work. Lewis is upset not just about how Lavery copied her life story, in other words, but about how Lavery changed her life story. She’s not merely upset about plagiarism. She’s upset about art— about the use of old words in the service of a new idea—and her feelings are perfectly understandable, because the alterations of art can be every bit as unsettling and hurtful as the thievery of plagiarism. It’s just that art is not a breach of ethics.

When I read the original reviews of Frozen, I noticed that time and again critics would use, without attribution, some version of the sentence “The difference between a crime of evil and a crime of illness is the difference between a sin and a symptom.” That’s my phrase, of course. I wrote it. Lavery borrowed it from me, and now the critics were borrowing it from her. The plagiarist was being plagiarized. In this case, there is no “art” defense: nothing new was being done with that line. And this was not “news.” Yet do I really own “sins and symptoms”? There is a quote by Gandhi, it turns out, using the same two words, and I’m sure that if I were to plow through the body of English literature I would find the path littered with crimes of evil and crimes of illness. The central fact about the “Phantom” case is that Ray Repp, if he was borrowing from Andrew Lloyd Webber, certainly didn’t realize it, and Andrew Lloyd Webber didn’t realize that he was borrowing from himself. Creative property, Lessig reminds us, has many lives—the newspaper arrives at our door, it becomes part of the archive of human knowledge, then it wraps fish. And, by the time ideas pass into their third and fourth lives, we lose track of where they came from, and we lose control of where they are going. The final dishonesty of the plagiarism fundamentalists is to encourage us to pretend that these chains of influence and evolution do not exist, and that a writer’s words have a virgin birth and an eternal life. I suppose that I could get upset about what happened to my words. I could also simply acknowledge that I had a good, long ride with that line—and let it go.

“It’s been absolutely bloody, really, because it attacks my own notion of my character,” Lavery said, sitting at my kitchen table. A bouquet of flowers she had brought were on the counter behind her. “It feels absolutely terrible. I’ve had to go through the pain for being careless. I’d like to repair what happened, and I don’t know how to do that. I just didn’t think I was doing the wrong thing… and then the article comes out in the New York Times and every continent in the world.” There was a long silence. She was heartbroken. But, more than that, she was confused, because she didn’t understand how 675 rather ordinary words could bring the walls tumbling down. “It’s been horrible and bloody.” She began to cry. “I’m still composting what happened. It will be for a purpose… whatever that purpose is.”

November 22, 2004

Connecting the Dots THE PARADOXES OF INTELLIGENCE REFORM

1.

In the fall of 1973, the Syrian army began to gather a large number of tanks, artillery batteries, and infantry along its border with Israel. Simultaneously, to the south, the Egyptian army canceled all leaves, called up thousands of reservists, and launched a massive military exercise, building roads and preparing anti-aircraft and artillery positions along the Suez Canal. On October 4, an Israeli aerial reconnaissance mission showed that the Egyptians had moved artillery into offensive positions. That evening, Aman, the Israeli military intelligence agency, learned that portions of the Soviet fleet near Port Said and Alexandria had set sail, and that the Soviet government had begun airlifting the families of Soviet advisers out of Cairo and Damascus. Then, at four o’clock in the morning on October 6, Israel’s director of military intelligence received an urgent telephone call from one of the country’s most trusted intelligence sources. Egypt and Syria, the source said, would attack later that day. Top Israeli officials immediately called a meeting. Was war imminent? The head of Aman, Major General Eli Zeira, looked over the evidence and said he didn’t think so. He was wrong. That afternoon, Syria attacked from the east, overwhelming the thin Israeli defenses in the Golan Heights, and Egypt attacked from the south, bombing Israeli positions and sending eight thousand infantry streaming across the Suez. Despite all the warnings of the previous weeks, Israeli officials were caught by surprise. Why couldn’t they connect the dots?

If you start on the afternoon of October 6 and work backward, the trail of clues pointing to an attack seems obvious; you’d have to conclude that something was badly wrong with the Israeli intelligence service. On the other hand, if you start several years before the Yom Kippur War and work forward, re-creating what people in Israeli intelligence knew in the same order that they knew it, a very different picture emerges. In the fall of 1973, Egypt and Syria certainly looked as if they were preparing to go to war. But, in the Middle East of the time, countries always looked as if they were going to war. In the fall of 1971, for instance, both Egypt’s president and its minister of war stated publicly that the hour of battle was approaching. The Egyptian army was mobilized. Tanks and bridging equipment were sent to the canal. Offensive positions were readied. And nothing happened. In December of 1972, the Egyptians mobilized again. The army furiously built fortifications along the canal. A reliable source told Israeli intelligence that an attack was imminent. Nothing happened. In the spring of 1973, the president of Egypt told Newsweek that everything in his country “is now being mobilized in earnest for the resumption of battle.” Egyptian forces were moved closer to the canal. Extensive fortifications were built along the Suez. Blood donors were rounded up. Civil-defense personnel were mobilized. Blackouts were imposed throughout Egypt. A trusted source told Israeli intelligence that an attack was imminent. It didn’t come. Between January and October of 1973, the Egyptian army mobilized nineteen times without going to war. The Israeli government couldn’t mobilize its army every time its neighbors threatened war. Israel is a small country with a citizen army. Mobilization was disruptive and expensive, and the Israeli government was acutely aware that if its army was mobilized and Egypt and Syria weren’t serious about war, the very act of mobilization might cause them to become serious about war.

Nor did the other signs seem remarkable. The fact that the Soviet families had been sent home could have signified nothing more than a falling-out between the Arab states and Moscow. Yes, a trusted source called at four in the morning, with definite word of a late-afternoon attack, but his last two attack warnings had been wrong. What’s more, the source said that the attack would come at sunset, and an attack so late in the day wouldn’t leave enough time for opening air strikes. Israeli intelligence didn’t see the pattern of Arab intentions, in other words, because, until Egypt and Syria actually attacked, on the afternoon of October 6, 1973, their intentions didn’t form a pattern. They formed a Rorschach blot. What is clear in hindsight is rarely clear before the fact. It’s an obvious point, but one that nonetheless bears repeating, particularly when we’re in the midst of assigning blame for the surprise attack of September 11.

2.

Of the many postmortems conducted after September 11, the one that has received the most attention is The Cell: Inside the 9/11 Plot, and Why the F.B.I. and C.I.A. Failed to Stop It by John Miller, Michael Stone, and Chris Mitchell. The authors begin their tale with El Sayyid Nosair, the Egyptian who was arrested in November of 1990 for shooting Rabbi Meir Kahane, the founder of the Jewish Defense League, in the ballroom of the Marriott Hotel in midtown Manhattan. Nosair’s apartment in New Jersey was searched, and investigators found sixteen boxes of files, including training manuals from the Army Special Warfare School; copies of teletypes that had been routed to the Joint Chiefs of Staff; bomb-making manuals; and maps, annotated in Arabic, of landmarks like the Statue of Liberty, Rockefeller Center, and the World Trade Center. According to The Cell, Nosair was connected to