The New Yorker uses the publication of Edward Snowden’s new memoir as an opportunity to explore the state of whistleblowing. Jill Lepore offers this take on what it means that more insiders are coming forwards with evidence of wrongdoing.

Whistle-blowing is very often an upstanding act of courage, undertaken at great personal cost, and resulting in great public good. But the presence of a lot of whistle-blowing—an age of whistle-blowing—isn’t a sign of a thriving democracy or a healthy business world; it’s a sign of a weak democracy and a sick business world. When institutions are working well, either they don’t engage in misconduct or their internal mechanisms discover, thwart, and punish it. Democracies have checks and balances, including investigations, ethics committees, and elections. Businesses have regulations, compliance departments, and inspections. Whistle-blowing is necessary when these safeguards fail. But to celebrate whistle-blowing as anything other than a last resort is to give up on institutions.
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In a brief 3-page report dated September 15, 2016, the House Intelligence Committee concluded that Edward Snowden “was not a whistleblower” because there were “laws and regulations in effect at the time” that “afforded him protection” and he failed to exercise those whistleblower rights.  The Committee report specifically cited the Intelligence Community Whistleblower Protection Act of 1998 (IC WPA) that does permit employees, like Snowden, to make disclosures of wrongdoing to Congress if certain other conditions are met.
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Washington, D.C.  May 7, 2015.  The Second Circuit Court of Appeals ruled today that the National Security Agency’s (NSA) telephone metadata collection program, which gathers up millions of phone records on an ongoing daily basis, is illegal.

NSA whistleblower Edward Snowden first revealed documents confirming the illegal program’s existence in June of 2013.

The government

New intelligence community whistleblower protections lacking

On July 7, 2014, President Obama signed the “Intelligence Authorization Act for Fiscal Year 2014.” This bill includes a section providing “Protection Of Intelligence Community Whistleblowers.” These protections specify that employees who divulge information about possible misconduct within their agencies to their Inspectors General or other designated intelligence offices

Stephen Kohn, Executive Director of the National Whistleblower Center, joined Chuck Todd to discuss Brian Williams’ extensive interview with NSA leaker Edward Snowden, and the various legal challenges that the former NSA contractor faces. Click link below to watch the interview.

Snowden faces felony charges at home

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