Snowden circumvented legitimate whistleblower route

Over the last couple of weeks, the a lot has been said on both sides of the argument about Edward Snowden, the NSA leaker, and the balance of national security and privacy. His disclosures have raised a moderate amount of outrage on the part of libertarians of both parties, as well as a great deal of discussion on the proper balance of national security needs and privacy rights.

Interestingly, most representatives in Congress does not seem that perturbed by the idea of these programs, although they are livid that they were disclosed in this manner. And of course the Executive has been outraged that one of its trusted contractors has turned on them. And now, Snowden has been charged with espionage, however poorly that statute may fit the offense.

Something that is lost in all of this debate on whether the surveillance programs in question are legal, ethical, wise, etc. is the question of who should be asking these questions and how. We have a Whistleblower Protection Act for a reason, after all. It reiterates and reinforces the idea that national security policy questions are to be dealt with by our cadre of national security professionals and by Congress.

Snowden claims that he leaked the information in order to allow the American public to decide for itself if these programs were appropriate. But his own actions and methods belie this intent. By releasing the information into the public domain, instead of following the prescribed chain of notification and complaint, Snowden decided himself that the programs were a violation of the public’s privacy rights. So instead of having the decision on the careful balance between national security nd privacy made by our elected representatives, Snowden ensured that it was made by an unaccountable high school dropout.

I do not bring up this last point out of spite, or to merely disparage Snowden; I, too, never completed high school.  However, there is a reason for the overwhelming preference for college graduates with a broad liberal arts background. Such an education promotes better contextual understanding of the fine balances between the different competing factors confronted in any given situation. This is precisely the skill that the central question in this affair requires: whether the value to national security of these programs is worth the loss of a given amount of privacy. Interestingly enough, this is also exactly the type of decision made on a daily basis by our elected representatives in Congress, who (not incidentally) should have been the Snowden’s last stop before going public.

I know understand how powerful the personal belief that a certain national security program or event is unethical and must be exposed can be. I have been personally involved in a whistleblower case, and seen with my own eyes the emotional strain that can be caused by holding back the information that you vehemently believe should be made public. But that does not excuse those like Snowden or Bradley Manning, who have simply bypassed all of the proper channels and taken the decision entirely into their own hands.

If Snowden was a true patriot, he would not broadcast his information from safe havens abroad, on the run from the law (although he claims he is “not here to hide”—again, his actions belie his claimed intent). He would instead do what respectable whistleblowers do: First go through the correct channels, and when that fails and resort to the open media is required, stand up and face the music. Such whistleblowers often go unprosecuted, and when they are, they can at least rely on a jury of their fellow citizens to come to the rescue.

Paul W. Taylor, Senior Fellow
Center for Policy & Research

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About paulwtaylor

Paul is a Senior Fellow at the Center for Policy & Research and an alumnus of Seton Hall Law School and the Whitehead School of Diplomacy and International Relations. Having obtained a joint-degree in law and international relations, he has studied international security, causes of war, national security law, and international law. Additionally, Paul is a veteran of the Army’s 82nd Airborne Division, with deployments to both Afghanistan and to Iraq, and has worked at the International Criminal Tribunal for Rwanda and Global Action to Prevent War. He has also participated in habeas litigation for Guantanamo Bay detainees and investigated various government policies and practices. In addition to his duties as a member of the editorial staff of TransparentPolicy.org, Paul now works at Cydecor, Inc., a defense contractor focused on naval irregular and expeditionary warfare. Paul's research and writing focuses on targeted killing, direct action, drones, and the automation of warfare.

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