Edward Snowden Is A Whistleblower
Monday, November 25, 2013
Some Americans, such as Jeffrey Toobin of the New Yorker, declare that Edward
Snowden is "grandiose narcissist who deserves to be in prison" [1].
He - as well as government leaders such as President Obama and various
Senators - states that Snowden's leaks did not demonstrate true violations but
rather only exposed government policies that "failed to meet his own standards of
propriety" [1]. Thus, his disclosure of classified information is simply a
crime, not a "great public service that more than outweighs any breach of trust he
may have committed" [2]. I disagree with this view. Snowden is a
whistleblower who did not simply dump information to hurt the United States, but
rather revealed government abuses in such a way that the public is now able to
propose changes and reviews that will lead to future transparency, morality, and
reform.
No one can make a claim on Snowden's internal reasoning or motivations. However,
a careful analysis of his actions and words can shed light on whether his
information leaking falls under the Constitutional protections of free speech
and free press or rather if it was an action worthy of prosecution.
In particular, Snowden has been accused of disregarding the security of the
United States and the success of its foreign diplomacy in his selfish pursuit for
fame and acknowledgement. Yet this is clearly not the case when considering the
content of the information that Snowden leaked as well as his method of releasing
it. According to Glenn Greenwald, the journalist who broke Snowden's story,
"Snowden spent months meticulously studying every document. He didn't just upload
them to the Internet" [2]. This was not a data dump in the style of Manning.
Snowden released only a few, extremely significant pieces of information [3].
In fact, when Daniel Ellsberg, the famous whistleblower of the Pentagon Papers,
was asked whether Snowden and Manning had "been discerning what they chose to
release publicly," he responded "Yes, that's obvious with Snowden" [4]. Though
Snowden's judgment has received some criticism when the Washington Post "decided
to publish only four of the forty-one slides that [he] provided" because it
thought they "should not be disseminated to the public" [1], this actually
emphasizes his caution by obtaining a secondary judgment by credible journalists
(rather than posting the files directly to a public site as Manning did).
Each document Snowden chose to reveal was directly related to the lives of
Americans. He provided evidence on the 2015 Program, which "gets data from
service providers like Verizon in bulk" [5], and PRISM, which "gathers data
from Internet companies like Google, Facebook, and others" [5].
His documents also demonstrated the adverse side-effects of federal
laws like FAA 702, which allows the government to save "incidental data" such as
"IPs, raw data, content, attachments" [5] that is gathered along with
anonymous data though its collection is never specifically approved by the Federal
Intelligence Surveillance Court. These various government projects violate the
Fourth Amendment, which guarantees the "right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures."
Though the government states that these projects are necessary in maintaining
national security, Snowden's actions echo the words of founding father James
Madison: "If Tyranny and Oppression come to this land, it will be in the guise of
fighting a foreign enemy.... The means of defense against foreign danger
historically have become the instruments of tyranny at home."
Whistleblowing is defined in the Whistleblower Protection Act as "making a
disclosure evidencing illegal or improper government activities" [6]. Though the intelligence community is exempted from this
protection, Snowden's disclosure does evidence an "abuse of authority" [7]
and thus falls under the general principles of whistleblowing. In fact,
whistleblowers from the intelligence community should be valued particularly
because of the "absence of the governmental checks and balances...in the areas of
national defense and international affairs" [8]. This was true during
the time of Daniel Ellsberg and continues to be true now. An "informed and
critical public opinion" [8] is essential to "protect the values of
democratic government" [8], especially now that "there is a significant
gap between what most Americans think the law allows and what the government
secretly claims the law allows" [9]. In fact, Snowden's revelations
provide evidence that the government is not only violating the Constitution
without the consent of the people, but is also providing "false and misleading
testimony...that threatens democratic control of government" [7].
The positive effect of Snowden's revelations is perhaps most apparent in public and
governmental response. According to Michael German of the ACLU, in the two months
since the disclosures, "no fewer than five lawsuits have been filed challenging
the legality of the surveillance programs" and "over a dozen bills have been
introduced in Congress to narrow these now public surveillance authorities and
increase transparency" [7]. These are clearly positive changes that
demonstrate the importance of an "informed representative government" [8]
that can challenge "questionable activities that those in power would rather have
kept secret" [2] and reinforce Snowden's place in history as an important
whistleblower.
[1] Toobin, Jeffrey. "Edward Snowden Is No Hero." The New Yorker.
10 June 2013. Web.
[2] Cassidy, John. "Why Edward Snowden Is A Hero." The New Yorker.
10 June 2013. Web.
[3] "Revealed Documents." Free Snowden.
Web.
[4] Neuman, Scott. "Pentagon Papers Leaker Daniel Ellsberg Praises Snowden, Manning."
National Public Radio. 03 August 2013.
Web.
[5] Walton, Zach. "Can We Trust Our Government Not To Spy On Us?"
Web Pro News. 18 June 2013.
Web.
[6] Whitaker, L. Paige. "The Whistleblower Protection Act: An Overview."
Congressional Research Service. 12 March 2007.
Web.
[7] German, Michael. "Edward Snowden Is A Whistleblower." American Civil Liberties Union.
01 August 2013. Web.
[8] Supreme Court of the United States. New York Times Co. v.
United States. 30 June 1971. Web.
[9] Greenwald, Glenn. "NSA collecting phone records of millions of Verizon
customers daily." The Guardian. 05 June 2013.
Web.