Determining whether Edward Snowden is considered a whistleblower under the law is a complex issue that hinges on the interpretation of specific statutes and the specific actions taken by Snowden. The question of whether Snowden acted as a whistleblower has been widely debated, with arguments both for and against his status.

1. Was Snowden a Whistleblower?

The question of whether Edward Snowden is a whistleblower depends on the specific definition of “whistleblower” being used. In general, a whistleblower is someone who discloses information about wrongdoing or misconduct to appropriate authorities. However, there are different legal and informal definitions of whistleblowing, and there is no single, universally accepted definition.

According to the U.S. Whistleblower Protection Act of 1989, a whistleblower is an individual who reports an alleged violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. The act applies to federal employees and contractors, and it provides certain protections for whistleblowers who make disclosures in good faith.

Under this definition, it is arguable that Snowden could be considered a whistleblower. He disclosed information about alleged violations of the U.S. Constitution and federal law, and he believed that the NSA’s mass surveillance programs were a substantial and specific danger to public health or safety.

However, there are also arguments against considering Snowden a whistleblower. Some argue that he did not follow the proper procedures for reporting wrongdoing, and that he should have first reported his concerns to his superiors or to authorized oversight bodies. Others argue that he acted in a reckless manner, without regard for the potential harm that his disclosures could cause.

Ultimately, the question of whether Snowden is a whistleblower is a matter of opinion. There is no clear consensus on the matter, and there are valid arguments to be made on both sides of the issue.

2. Legal Definition of a Whistleblower

The U.S. Whistleblower Protection Act of 1989 defines a whistleblower as an individual who reports an alleged violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. The act applies to federal employees and contractors, and it provides certain protections for whistleblowers who make disclosures in good faith.

3. Laws Protecting Whistleblowers in the USG

The Whistleblower Protection Act of 1989 is the primary law protecting whistleblowers in the U.S. government. The act prohibits federal agencies from taking disciplinary action against employees who report wrongdoing in good faith. It also provides certain remedies for whistleblowers who are retaliated against, such as reinstatement, back pay, and attorney’s fees.

In addition to the Whistleblower Protection Act, there are a number of other laws and regulations that protect whistleblowers in the U.S. government. These include the False Claims Act, the Intelligence Community Whistleblower Protection Act, and the National Security Agency Disclosure Reform Act.

4. Systems for Reporting Concerns in the USG

There are a number of systems in place for U.S. government employees to report concerns about fraud, waste, and abuse. These include:

• The Inspector General Hotline: The Office of the Inspector General (OIG) is an independent agency that investigates allegations of wrongdoing in federal agencies. Employees can report concerns to the OIG hotline at 1-800-THE-OIG.
• The Whistleblower Protection Act (WPA) Process: Employees can also report concerns through the WPA process. This process involves filing a disclosure with the agency’s Designated Official (DO). The DO is responsible for investigating the disclosure and providing remedies to whistleblowers who are retaliated against.
• Other Reporting Channels: In addition to the OIG hotline and the WPA process, there are a number of other channels that employees can use to report concerns. These include reporting to supervisors, congressional representatives, or the media.

Conclusion

The question of whether Edward Snowden is a whistleblower is a complex one that does not have a simple answer. There are valid arguments to be made on both sides of the issue. Ultimately, whether or not Snowden is considered a whistleblower is a matter of opinion.

However, regardless of whether or not Snowden is considered a whistleblower under the law, his actions have had a significant impact on public discourse about government surveillance and privacy. His disclosures have sparked global debate about the balance between security and liberty, and they have led to changes in government surveillance practices.