Whistle-blowers

Two whistle-blowers are in the news today: Bradley Manning and Edward Snowden. Manning is the Army soldier who was convicted yesterday of 17 of the 22 counts against him. He leaked top secret documents to Wikileaks and was convicted of espionage and theft although found innocent of aiding the enemy. He is now awaiting sentencing. Edward Snowden is the contractor working for the National Security Agency who revealed details of several surveillance programs to the press. He is currently on the run from charges of espionage and theft but is continuing to make headlines with further revelations. Some see these two as heroes and others see them as traitors. I think history will judge which they are. What interests me most are the ways these two cases are being discussed.

We already know that Bradley Manning has been found guilty of most of the charges against him. The prosecutor in the case has said that Manning is not a whistle-blower but is instead a traitor looking for attention via a high-profile leak to Wikileaks. Manning’s defense attorney countered by saying that Manning is naive and well-intentioned and wants to inform the American public. “His motive was to spark reform – to spark change.” Why is his motive important? Since when is intent important in determining whether someone committed a crime or not? Next time I get stopped for a traffic infraction, I’m going to try saying “I didn’t intend to break the law” to the officer. What do you think my chances of getting off will be? I also find it interesting that the prosecutor seems to think that Manning is not a whistle-blower because he believes that Manning wanted attention. A whistle-blower is “a person who exposes misconduct, alleged dishonest or illegal activity occurring in an organization.” Manning might not be a whistle-blower because the activity he revealed was not misconduct, was not dishonest or illegal. But to argue that he’s not a whistle-blower because he didn’t have the proper intentions seems to lead us as a society down a dangerous path. Of course, the Zimmerman verdict might have already sent us down that path.

The Snowden situation is more recent than the Manning case so we don’t know what Snowden will be found guilty of. He’s accused of disclosing details about some secret surveillance programs being conducted by the National Security Agency (NSA) in the United States. The NSA is supposed to gather information about foreign entities strictly outside of US boundaries. Edward Snowden revealed the existence of several NSA surveillance programs focused on domestic as well as foreign communications. He then fled the country with several laptops “that enable him to gain access to some of the US government’s most highly classified secrets.” The question that interests me most about this case is how a contractor, an employee of a private company, an employee who probably should have failed his background check on the grounds that his resume contained discrepancies, was able to gain access to such secret information. “Among the questions is how a contract employee at a distant NSA satellite office was able to obtain a copy of an order from the Foreign Intelligence Surveillance Court, a highly classified document that would presumably be sealed from most employees and of little use to someone in his position.” Yes, that IS among the most important questions to answer. The NSA director, Keith Alexander, has said that the security system didn’t work as it should have to prevent someone like Snowden from gathering the sensitive information that he did. Snowden claims that he was authorized to access this information. The NSA claims that he was not authorized. Why does the NSA think it’s preferable that an unauthorized person gained access to its information?

I’m going to pause here to say that I’ve been reading a lot of speculation about how Snowden gained access to this information that he shouldn’t have had access to. There may be some people who know how he gained this access but in the dross of the Internet, the methods aren’t yet clear. From a technical standpoint, however, I find it incredibly disturbing that someone with Snowden’s computer security background (which appears to be rather mundane–he was no genius computer hacker) was able to gain access to all of this sensitive information within the agency that is supposed to be most expert in the security game. No matter what you think of Snowden and his intentions, I think you have to be concerned about the ease with which someone was able to gain access to these “secrets.” Having now read a whole bunch of information about this case, I feel like it is similar to the one in which the high school student is punished by the school’s IT staff for pointing out how weak the school’s computer security setup is. Perhaps we should be focused on the (lack of) security around this information rather than the fact that it has been disclosed.

In the Senior Seminar that I teach, we often discuss whistle-blowing. If I use the term “whistle-blowing,” my students generally feel that the person doing the disclosing is doing a service to society. If, instead, I say that the employee is revealing corporate secrets, my students generally feel that the person is betraying his/her employer. The cases of Manning and Snowden are more complex than I can easily comprehend but I guess I generally feel that shedding light on situations is better than trying to maintain security by secrecy, by obscuring the facts. In a democracy, sunshine is a good thing.

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