Snowden as whistleblower - Future of Privacy Forum

26
Snowden as Whistleblower? Kathleen Clark Future of Privacy Forum January 2014 1

description

Provides a definition of whistleblowing; examines whether Edward Snowden is a whistleblower; discusses internal and external whistleblowing; draws a parallel between Snowden's audacious act of civil disobedience with the March 8, 1971 break-in of an FBI office in Media, Pennsylvania.

Transcript of Snowden as whistleblower - Future of Privacy Forum

Page 1: Snowden as whistleblower - Future of Privacy Forum

Snowden as

Whistleblower?Kathleen Clark

Future of Privacy ForumJanuary 2014

1

Page 2: Snowden as whistleblower - Future of Privacy Forum

professor

practitioner

board member

Page 3: Snowden as whistleblower - Future of Privacy Forum

Government Accountability

Project(GAP)

board member

Page 4: Snowden as whistleblower - Future of Privacy Forum

Whistleblowerdiscloses alleged

wrongdoing or danger

in an effort to stop or otherwise address

the wrongdoing or danger

Page 5: Snowden as whistleblower - Future of Privacy Forum

white paperon the

law Of

whistleblowing

Page 6: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 7: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 8: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 9: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 10: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 11: Snowden as whistleblower - Future of Privacy Forum

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 12: Snowden as whistleblower - Future of Privacy Forum

confidentiality obligations

restrictions on personal data

Page 13: Snowden as whistleblower - Future of Privacy Forum

notall

whistleblowingis

legallyprotected

Page 14: Snowden as whistleblower - Future of Privacy Forum

Key Distinctions

recipient accuracy

statustype of alleged wrongdoing

Page 15: Snowden as whistleblower - Future of Privacy Forum

United Statesv.

United Kingdom

Page 16: Snowden as whistleblower - Future of Privacy Forum

PublicInterest

DisclosureAct

(PIDA)

Page 17: Snowden as whistleblower - Future of Privacy Forum

internal v.

external

Page 18: Snowden as whistleblower - Future of Privacy Forum

Whydidn’t

Snowdenuse

internalchannels

?

Page 19: Snowden as whistleblower - Future of Privacy Forum

NSA Whistleblowers

William BinneyKirk Wiebe

Thomas Drake

Page 20: Snowden as whistleblower - Future of Privacy Forum

NSA Whistleblowers

William BinneyKirk Wiebe

Thomas Drake

Page 21: Snowden as whistleblower - Future of Privacy Forum

NSA Whistleblowers

William BinneyKirk Wiebe

Thomas Drake

Page 22: Snowden as whistleblower - Future of Privacy Forum

NSA Whistleblowers

William BinneyKirk Wiebe

Thomas Drake

Page 23: Snowden as whistleblower - Future of Privacy Forum

Edward Snowdenwhistleblower

faceslegal

sanction

Page 24: Snowden as whistleblower - Future of Privacy Forum

whistleblowingas

civildisobedience

Page 25: Snowden as whistleblower - Future of Privacy Forum

Historical parallel:

March 8, 1971break-in atFBI office inMedia, PA

Page 26: Snowden as whistleblower - Future of Privacy Forum

Snowden as

Whistleblower?

Kathleen [email protected]

Future of Privacy ForumJanuary 2014 26