Image Provided by Forbes, https://www.forbes.com/sites/tomspiggle/2020/12/22/being-a-whistleblower-whats-protected-and-whats-unlawful/?sh=70c09a4c6792. Accessed January 4th, 2024
TO WHISTLEBLOW: SECURITY OR LIBERTY?
Cesar Lopez
You’ve been an employee at the NSA for 4 years. You’ve worked analyst gigs from intercepting global communications to working as a spy in Geneva under diplomatic cover. You’re recognized as the premier expert on cybersecurity in the entire United States. You have Top Secret/Secure Compartmentalized Information clearance, the highest the United States can issue. This expertise leads you to discover that the United States has been illegally seizing consumer information on the internet through a combination of secretive legislative action and overzealous intelligence officials. You and your colleagues can access banking information, sensitive photos, texts, video recordings, locations, and every detail about a person in less than a second. No warrant. No accountability. Just you.
On the one hand, you could trust your colleagues. While invasive, this information and ability to track American citizens means that there is no way a potential threat will ever harm the United States without it knowing. You can keep track of terrorists’ personal conversations, locations, plans, and more from your desk in Quantico. Expeditionary forces and counter-terrorism teams could be deployed in a heartbeat based on the information you provide. Millions of lives could be saved. On the other hand, you know this isn’t constitutional. You know this is a secret kept from hundreds of millions of Americans in the name of national security. No one is consulted. No one checks your power. You and your compatriots in the NSA have the world at the palm of your hand. What do you do?
In that specific situation, Edward Snowden, a long-time national security analyst, released thousands of classified documents to the American press and published the fact that the NSA was secretly monitoring every American citizen with a digital footprint in the country. He was charged with espionage, a crime punishable by death, and fled to Russia before being prosecuted. His legacy, alongside countless others, is the legacy of the Whistleblower, the unseen and unheard-of government employee who makes a questionable decision and violates the terms of their employment to release information they feel is critical knowledge to the public. It’s a national security debate fought between journalists and generals, white-hat hackers and government cybersecurity specialists, the people and their nation.
Is the right to privacy more valuable than people’s lives? Do we trust our government to be the decision-maker on all matters of security, or do we deserve input and accountability even if it results in the death of others?
This question is neither simple nor peaceful. It is a question of ethics, morality, oaths, contracts, faith, and trust. It can drive friends, families, or organizations apart. And it is one that our editors face today.
If you are faced with information that you feel the American public deserves to know, should you violate the law to bring that information to light? Or should you uphold your oath to keep the American government’s secrets so that the public is never harmed by using that information against the United States’ enemies?
WHISTLEBLOWERS: FRIENDS TO THE AMERICAN PEOPLE
Jose Alvarez
For many years people have pondered the question “Are whistleblowers heroes or traitors to America?”. In this editor’s opinion, whistleblowers are the bravest and most honorable members of our society. They risk their lives telling the people about the horrible things that are secretly happening to Americans and getting hunted down by the place they got these secrets from. They go into these powerful jobs and stick by their oath and contract but when it turns out that the job is doing something bad they go out of their way and tell everyone so that the good people can see the truth and not fall for these schemes. Whistleblowers are now also being more private and careful when doing anything, so some information will be hard to find but this editor will try his best to find as much information that is possible.
We will talk about two different whistleblowers, one who told government secrets and another who revealed the corruption of the police department. When the government tried to collect information about everyone without their permission or knowledge, a computer intelligence consultant named Edward Joseph Snowden leaked this information to the public in 2013. When he tried to go back home there were some complications when he tried to get on a plane. Another person who revealed information about their job was Frank Serpico who worked for the police force and told the public about this corruption. He was shot in the face during an arrest attempt inside an apartment and people think he was led to this apartment by his old colleagues when someone reveals information about certain jobs or positions they are seen as heroes to the people but also traitors to the government.
Edward Joseph Snowden Government Whistleblower
https://simple.wikipedia.org/wiki/Edward_Snowden#/media/File:Edward_Snowden.jpg
Frank Serpico Law Enforcement Whistleblower
https://www.aclu.org/news/free-speech/never-run-when-youre-right-real-story-nypd
Though it appears that whistleblowers can no longer be harmed, there have been cases where these people have been fired or demoted, while others are killed. First of all, when a whistleblower dies it’s often at a young age mostly from murder/accident. When murdered, nobody knows who murdered them or why. Sadly, there isn’t much information that can be found nowadays for whistleblowers or what happened to them because now most whistleblowers are under protection by the Department of Labor and they are also more private/hidden with what they do so they can no longer harmed or found.
Some whistleblowers have been killed or punished for telling the truth and anyone who tries to tell the truth about anything related to the government is usually shut down. With some whistleblowers who did tell these secrets although many Americans are thankful for this kindness it may not have turned out great for whistleblowers and their lives might have been ruined because of this. What they do for Americans when whistleblowing is giving Americans information that they didn’t know and this also sends out a warning to them in case something similar starts so they don’t fall into an endless spiral of getting information taken without anyone knowing. So once again this editor is saying that Whistleblowers are heroes to America and hopefully, more people will rise up and expose the secrets of their jobs if they know what they are doing is wrong.
WHISTLEBLOWERS... THE UGLY
Arun Keshavan
Whistleblowing is an action that refers to exposing the wrongdoings of an organization or government. Whistleblowing exists to “promote transparency, accountability, and justice”, but there is another side to this that the public eye does not entirely understand. Since we tend to bias ourselves with the underdog or even pick sides when we decide who the hero and villain are in a situation it blurs the real truth from coming out. The truth gets covered up in more dirt, not to mention the tax dollars and time wasted. So what can we do? Whistleblowing as an idea is good, but it can be manipulated by people for the sake of money, hatred towards a group of people/ government/ company, or even just for attention.
USA - 2010: Rick Tuma's color illustration of man blowing money out of a giant whistle as coworkers look on;
https://www.gettyimages.ie/detail/news-photo/rick-tuma-color-illustration-of-man-blowing-money-out-of-a-news-photo/166172191?adppopup=true
Everyone wants money, especially in a country where many people still believe that their hopes and dreams can be accomplished easily without doing anything or just the bare minimum. In 2021, “The Securities and Exchange Commission’s chief of the Office of the Whistleblower paid out over half a billion dollars in whistleblower awards —more than any other federal agency. This compelling financial incentive resulted in more than 12,200 whistleblower tips in 2021, nearly doubling the previous year’s number, but it also resulted in numerous baseless and even bad faith tips.”(Carney) The data provided was collected in 2021 and refers to the fact that people are trying to make an extra buck, and you can imagine that the handout money today (2023-24) is much larger than in 2021. We could stop these false and/or bad faith claims from making it in the SEC office if we just dropped the millions of dollars awarded a little, how do they calculate how much money to give the whistleblower? According to NBC News, “The award amount is determined by the SEC based on several factors, including the significance of the information provided by the whistleblower, the level of assistance provided by the whistleblower, and the degree of law enforcement interest in the case.” (Cox)
“This compelling financial incentive resulted in more than 12,200 whistleblower tips in 2021, nearly doubling the previous year’s number, but it also resulted in numerous baseless and even bad faith tips.”(Carney) Let's talk about the bad faith tips, to put it simply, some people want free money and will do anything to get their hands on some cash, in our case, reporting to the SEC on baseless and bad faith claims to see if they can shoot blindly at a target and hope to get some money, and who can tell when a “bad faith claim” is made? No one, it is personal to each person, and “A whistleblower only has to have a reasonable belief”(Kelly) to file a complaint to the SEC. Now the only real problem is that “...the SEC has taken some limited proactive steps to curb bad faith tipsters, but many public companies and senior officers still find themselves under investigation for events that never happened or were fundamentally misunderstood. Each baseless complaint can result in large costs in terms of both time and money, even when the claim is ultimately dismissed.”(Carney) This becomes problematic because if the whistleblower is trying to sell a half-truth for money, it can waste tons of time and create a bad reputation for the company/group if the claim has been withdrawn or dismissed and is still found not guilty.
It is understandable when a whistleblower is described as “altruistic, selfless individuals who take action at extraordinary personal cost… but others can describe whistleblowers as selfish and egotistical”(Cavaiola) it's dependent on the person and their knowledge of the subject. There are some “good” whistleblowers who expose information to the public that needs to actually be seen, but such cases are rare. Whistleblowing has a dark side to it though, some want to climb the political ladder, or they just want more money. Whatever the motive, there is only one side gaining.
The only real way to combat the battle of a true whistleblower is by looking at the real motives behind why the whistleblower is blowing, are they motivated by a sense of moral conscience to right some wrong and shine a light on the dark lies that a corporation/person tries to hide? Or is it for the big paycheck and the happiness of getting revenge on that one supervisor that makes you unhappy? These questions can ultimately decide the motive behind the whistleblower. Although whistleblowing is seen as a major positive by the general public, it can be dangerous when the truth costs people their lives, and some are best left hidden.
THE LIVES OF WHISTLEBLOWERS
Eduardo Perdomo
Whistleblowers, individuals who risk everything to reveal classified information, stand at the crossroads of public interest and government secrecy. Each with a unique story of disclosure, legal battles, and the broader implications of their actions on the delicate balance between security and transparency.
Edward Snowden, a former NSA contractor, catapulted into the international spotlight in 2013 when he exposed extensive NSA surveillance programs. Snowden's revelations ignited debates on privacy and government overreach. Charged with theft of government property and violations of the Espionage Act, he sought asylum in Russia to avoid prosecution. Snowden defended his actions as an effort "to inform the public as to that which is done in their name and that which is done against them." Snowden's actions remain polarizing, sparking discussions on the ethics of surveillance in the digital age.
Younger, Nick. “Edward Snowden: Traitor or Hero?” Ethics Unwrapped, https://ethicsunwrapped.utexas.edu/case-study/edward-snowden-traitor-hero. Accessed 12 Jan. 2024.
Chelsea Manning, an Army intelligence analyst, leaked classified military documents to WikiLeaks in 2010, revealing significant details about U.S. military activities in Iraq and Afghanistan. Manning faced charges under the Espionage Act, leading to a 35-year sentence. Why did she do it? Manning said: “I wanted to show the true cost of war.” In 2017, President Obama commuted her sentence. Manning's case underscores the challenges those who expose government secrets face, raising questions about the balance between national security and the public's right to know.
Reality Winner, a former NSA contractor, leaked an intelligence report on Russian interference in the 2016 U.S. election. Her act led to charges of leaking classified information, resulting in a more than five-year prison sentence. So the big question behind her actions: why? Winner said: “Because I thought Americans were being intentionally misled about Russia's active measures to influence the outcome of the 2016 United States presidential election.” Winner's case highlights the legal consequences whistleblowers may face in disclosing information related to national security.
Thomas Drake, an ex-NSA official, revealed information about the Trailblazer Project, an NSA surveillance program. Initially charged under the Espionage Act (later dropped), Drake pleaded guilty to a misdemeanor. Despite facing professional and personal repercussions, Drake advocates for government transparency and responsible whistleblowing.
John Kiriakou, a former CIA officer, disclosed details about the CIA's waterboarding practices. Charged with leaking classified information, he served 23 months in federal prison after pleading guilty to unauthorized disclosure. Kiriakou's case delves into the ethical considerations of exposing controversial practices within intelligence agencies.
Jeffrey Sterling, an ex-CIA officer, disclosed information about a failed CIA operation involving Iran's nuclear program. Convicted of violating the Espionage Act, he faced more than three years in prison. Sterling alleged racial discrimination during his trial, adding a layer of complexity to his whistleblowing journey.
William Binney, a former NSA official, exposed the NSA's mass surveillance program. Binney was not prosecuted but faced constant surveillance by the FBI. His advocacy for privacy rights and criticism of government surveillance practices showcase the personal and professional consequences whistleblowers may endure.
“Technical Difficulties.” Technical Difficulties, https://share.america.gov/spoke-wrongdoing-boss-safe-job/. Accessed 29 Jan. 2024.
Edward Loomis, an NSA whistleblower featured in "The Program" documentary, did not face prosecution but was forcibly reassigned within the NSA. His case highlights the broader impact on whistleblowers, emphasizing the potential for career-related challenges even without legal action.
Diane Roark, a former NSA staffer, raised concerns about the agency's data collection practices. While not prosecuted, Roark faced retaliation within the NSA for her whistleblowing efforts. Her story underscores the internal struggles whistleblowers may encounter, navigating professional consequences within the very institutions they seek to hold accountable.
The stories of Edward Snowden, Chelsea Manning, Reality Winner, Thomas Drake, John Kiriakou, Jeffrey Sterling, William Binney, Edward Loomis, and Diane Roark offer a myriad of whistleblowing experiences. From legal battles and personal sacrifices to the broader societal impact, these individuals have left an indelible mark on the ongoing dialogue surrounding government transparency, individual rights, and the role of those who choose to unveil the secrets held by powerful institutions. As the world grapples with questions of accountability and the boundaries of classified information, these whistleblowers' narratives continue to shape the complex intersection of security and openness in our modern era.
Sources (Arun)
Barth, Diane. “Why We Love to Hate Whistleblowers.” Psychology Today, 17 August 2018, https://www.psychologytoday.com/us/blog/the-couch/201808/why-we-love-hate-whistleblowers. Accessed 17 January 2024.
Carney, John, and Alexandra Karambelas. “When a Whistleblower Is Wrong—Time for a Proactive Defense.” Bloomberg Law News, 6 January 2022. https://news.bloomberglaw.com/us-law-week/when-a-whistleblower-is-wrong-time-for-a-proactive-defense. Accessed 17 January 2024.
Cavaiola, Alan A. “Beware the Whistleblower.” Psychology Today, 26 October 2016, https://www.psychologytoday.com/us/blog/beyond-bullying/201610/beware-the-whistleblower. Accessed 17 January 2024.
Cox, Chelsey. “SEC awards whistleblower record $279 million.” CNBC, 5 May 2023, https://www.cnbc.com/2023/05/05/sec-record-whistleblower-award.html. Accessed 17 January 2024.
Kelly, Mary Louise, and Jesselyn Radack. “A Look At The Implications Of Outing A Government Whistleblower.” NPR, 5 November 2019, https://www.npr.org/2019/11/05/776496160/a-look-at-the-implications-of-outing-a-government-whistleblower. Accessed 17 January 2024.
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Mueller, Tom. “Why Whistleblowing Is a Bad Sign for American Democracy.” Time, 21 November 2019, https://time.com/5735420/whistleblowers-in-america-2019/. Accessed 17 January 2024.
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White, April. “Truth Be Told: Unpacking the Risks of Whistleblowing.” HBS Working Knowledge, 10 December 2021, https://hbswk.hbs.edu/item/truth-be-told-unpacking-the-risks-of-whistleblowing. Accessed 17 January 2024.
Sources (Eduardo)
Brockes, Emma. “Chelsea Manning: ‘I Struggle with the so-Called Free World Compared with Life in Prison’ | Chelsea Manning | The Guardian.” The Guardian, 22 Oct. 2022, https://www.theguardian.com/us-news/2022/oct/22/chelsea-manning-leaked-military-documents-free-world-prison.
Coll, Steve. “The Spy Who Said Too Much | The New Yorker.” The New Yorker, 24 Mar. 2013, https://www.newyorker.com/magazine/2013/04/01/the-spy-who-said-too-much.
Maass, Peter. “Jeffrey Sterling Took on the CIA — And Lost Everything.” The Intercept, 18 June 2015, https://theintercept.com/2015/06/18/jeffrey-sterling-took-on-the-cia-and-lost-everything/.
McLaughlin, Jenna. “Former CIA Analyst Sues Defense Department to Vindicate NSA Whistleblowers - The Intercept.” The Intercept, 10 Feb. 2017, https://theintercept.com/2017/02/10/former-cia-analyst-sues-defense-department-to-vindicate-nsa-whistleblowers/.
“Oregon’s NSA Whistleblower Sues Feds for Taking Her Computer.” Willamette Week, https://www.wweek.com/portland/blog-28993-oregons-nsa-whistleblower-sues-feds-for-taking-her-computer.html. Accessed 12 Jan. 2024.
“The FRONTLINE Interview: William Binney | United States of Secrets | FRONTLINE | PBS.” FRONTLINE, https://www.pbs.org/wgbh/pages/frontline/government-elections-politics/united-states-of-secrets/the-frontline-interview-william-binney/. Accessed 12 Jan. 2024.
Walsh, Savannah. “Reality Winner Speaks: ‘The Punishment Is the Message’ | Vanity Fair.” Vanity Fair, 12 Oct. 2023, https://www.vanityfair.com/hollywood/2023/10/reality-winner-speaks-the-punishment-is-the-message.
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Sources (Jose A)
List of Whistleblowers from before the 1960s to 2020s. https://en.wikipedia.org/wiki/List_of_whistleblowers#2010s
Edward Snowden's childhood, Job, and what he did. https://en.wikipedia.org/wiki/Edward_Snowden
Frank Serpicos a detective who found out about police corruption exposed it and paid a price. https://en.wikipedia.org/wiki/Frank_Serpico
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