Cover -- Half Title -- Series -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Part 1 Overview -- 1 Journalists and their confidential sources: dicing with danger -- Introduction -- The age of the leak -- Freedom of expression, the right to know, and obstacles to information access -- Threats to journalists' confidential sources -- High stakes in exposing corruption, crime, wrongdoing, and injustice -- Conclusion -- 2 Free societies and the struggle for freedom of communication -- Introduction -- United Kingdom -- United States
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Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.
Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism
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Declassified and heavily redacted intelligence report. From Executive Summary: "In June 2013, former National Security Agency (NSA) contractor Edward Snowden perpetrated the largest and most damaging public release of classified information in U.S. intelligence history. In August 2014, the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence (HPSCI) directed Committee staff to carry out a comprehensive review of the unauthorized disclosures. The aim of the review was to allow the Committee to explain to other Members of Congress--and, where possible, the American people--how this breach occurred, what the U.S> Government knows about the man who committed it, and whether the security shortfalls it highlighted had been remedied."
WikiLeaks is famous--or infamous--for publishing secret material, including classified government documents, confidential videos and emails, and information leaked by whistleblowers, some of them anonymous, others revealing their identities. WikiLeaks claims to have compiled a database of more than ten million "forbidden" documents. Its founder and leader, Australian activist Julian Assange proclaims that the public is entitled to the truth and that "information wants to be free." --Publisher
"Whistleblowers are seldom seen as heroes. Instead, they are often viewed through a negative lens, described as troublemakers, disloyal employees, traitors, snitches and, in South Africa, as impimpis or informers. They risk denigration and scorn, not to mention dismissal from their positions and finding their careers in tatters. With corruption and fraud endemic in democratic South Africa, whistleblowers have played a pivotal role in bringing wrongdoing to light. They have provided an invaluable service to society through disclosures about cover-ups, malfeasance and wrongdoing. Their courageous acts have resulted in the recovery of millions of rands to the fiscus and to their fellow citizens as well as improved transparency and accountability for office bearers and politicians. Some would argue it was whistleblowing that brought down a president and the corrupt 'state capture' regime. But in most cases, the outcomes for the whistleblowers themselves are harrowing and devastating. Some have been gunned down in orchestrated assassinations, others have been threatened and targeted in sinister dirty-tricks campaigns. Many are hounded out of their jobs, ostracised and victimised. They struggle to find employment and are pushed to the fringes of society. Where there is litigation, this drags on and on through the courts. Mental health and relationships suffer. The psychological burden of choosing to speak up when there has been little reward or compensation is a heavy one to carry. The Whistleblowers shines a light on their plight, advocating for a change in legislation, organisational support and social attitudes in order to embolden more potential whistleblowers to have the courage to step up. These are the raw and evocative accounts of South Africa's whistleblowers, told in their own voices and from their own perspectives: from the hallowed corridors of parliament to the political killing fields of KwaZulu-Natal, from the fraud-riddled platinum belt to the impoverished, gang-ridden suburb of Elsies River, from the gantried freeways of Gauteng to the Bosasa blesser's facebrick campus in Krugersdorp, from the wild east of Mpumalanga to the corporate jungle of Sandton, and from the wide farmlands of the Free State to that compound of corruption in Saxonwold." --Provided by publisher
Blowing the Whistle: Barriers to Federal Employees Making Disclosures -- Agency Transmittal Letter from the Chairman -- Credits -- Table of Contents -- Executive Summary -- Findings and Recommendations -- Introduction -- Purpose -- Survey Methodology -- Wrongdoing,Whistleblowing, andRetaliation Over Time -- Wrongdoing -- Whistleblowing -- Retaliation -- Barriers andMotivators forWhistleblowing -- Consequences of the Wrongdoing -- Management Reaction to the Report -- Current Perceptions of Agency Culture -- Whom to Tell About Wrongdoing and Preserving Anonymity -- Whom to Tell -- Preserving Anonymity -- Disclosures Matter -- Conclusion -- Appendix: 1992 and2010 MPS Data forWhistleblowing
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I have addressed the subject of whistle-blowing on numerous occasions during these past fifteen years, mostly in University lectures, seminars and published articles. This paper seeks to update and further develops the concerns, themes and proposals first articulated in Fabri (2002) but from a broader conceptual and practical perspective. This paper takes a new look at the whistle-blowing phenomenon and the growing list of true tales, recent media reports and literature on this truly fascinating subject. Starting with snap shot references to a couple of episodes from the Old Testament, it brings together diverse experiences and developments which in unexpected ways somehow manage to link the past with the present, the local with the foreign. The paper argues that whistleblowing should not be examined in isolation but rather in context because, like law itself, it is not an end in itself. The subject has significant moral and practical implications concerning one's personal ethical choices and the protection of the public interest. This last aspect can best be examined in the context of contemporary concerns with good corporate governance and with how public sector and commercial bodies conduct themselves. This paper also suggests that the term whistle-blowing is often used incorrectly and should henceforth be reserved exclusively to voluntary disclosures. A selective annotated bibliography at the end of the paper may hopefully guide readers interested in accessing further relevant materials on the subject. For cogent reasons of space, a comprehensive re-appraisal of the 1985 European Court of Justice judgment given in the case that Stanley Adams instituted against the European Commission will have to be deferred to another occasion. Although originally intended as an integral part of the present paper, only very brief references to this leading case can be made here. The judgment tackled the Commission's liability in damages. Adams is one of the world's most famous whistle-blowers. What is much less known is that he was a Maltese national. ; peer-reviewed