On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier near Da Nang. The caption said the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” This picture led to an Army investigation and, two months later, the court martial of the soldier. So if this technique was viewed as torture then, why is it not torture now?