A few weeks ago I wrote a piece published in The Lawyer, a London based legal paper. My column, which questioned whether Edward Snowden is a whistleblower, drew passionate comment from those, like myself, who are counsel for individuals who are called whistleblowers because they have questioned corporate and government misconduct including lies. The discourse has caused me to continue to ponder the issue.
The question of whether an individual is indeed entitled to be called a whistleblower is not just a matter of academic discourse. Whistleblowers are generally entitled to protection from retaliation and, under laws like the U.S. False Claims Act and the Dodd-Frank Amendments; they may even be entitled to a bounty. Setting aside the legal issue, those who properly question immoral processes, laws, or conditions, are in some circles considered heroes. And so this is also about who we place on a pedestal as beacons of ethics, integrity, and plain guts.
For me there are two components to the analysis of who is a "whistleblower”: (1) the reason for questioning a practice or law, an effort which may involve the disclosure of private or confidential information, and (2) the method for doing so.
Merely making public private information - no matter how interesting the information may be - is not by itself a colorable act of whistle blowing unless there is some greater moral or societal purpose to be addressed. Then, of course, there is the question of the process employed to "blow the whistle."