Whistle-blower Mujtaba Hussain 16859 – Farooq Hasan 16030

Project

No Single Definition of Whistle-blower

“One whose loyalty is to the truth

One who reports fraud, corruption, corporate misconduct, or other violations of law to the appropriate authorities, often risking his or her financial security in an effort to stop harmful actions on behalf of the public interest –

One who discloses bribery of government officials by persons seeking to obtain a business advantage.”

[2]

“is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public”[1]

[1] W. Vandekerckhove, Whistleblowing and Organizational Social Responsibility : A Global Assessment. Ashgate. 2006.[2] Blobalwhistleblower.org, “Whistleblower: Definition.” .

HISTORY AND REGULATIONS OF WHISTLEBLOWINGIt not as simple as 2+2

• violation of policy• Civil law• employee regulations• threat to national security• alleged fraud and corruption.[7]

https://www.whistleblower.org/timeline-us-whistleblowers

FIGURE 1 FREQUENCY OF WHISTLEBLOWERS OVER YEARS

[7] Near, “Organizational dissidence: The case of whistle-blowing,” J. Bus. Ethics, 1985.[8] globalwhistleblower.org, “BREAKTHROUGH IN PROTECTING INTERNATIONAL WHISTLEBLOWERS,” 2014. .

Getting GlobalWhistle-blowers who reside outside of the United States have the right to report violations of the Foreign Corrupt Practices and qualify for financial rewards if their information is used as part of a successful prosecution, and they comply with the requirements of the law. [8]

https://www.oecd.org/corruption/Committing-to-Effective-Whistleblower-Protection-Highlights.pdf

Some Global FactsAbout Whistle Blowers

[1] http://www.kroll.com/global-fraud-report

For the eighth year running, The Economist Intelligence Unit, commissioned by Kroll, surveyed senior executives from around the world operating in a wide variety of sectors and functions in order to assess the current fraud environment.

Kroll also revealed a 35 percent increase in the number of cases being reported by whistle-blowers to the U.K.'s Financial Conduct Authority (FCA), from 3,813 to 5,150 between November 2012 and October 2013 [1]

United Kingdon

Canada

China

RussiaIndia

0

10

20

30

40

50

60

70

United Kingdon Canada China Russia India

TIPS TO SEC FROM COUNTRIES

http://www.cnbc.com/2014/01/08/the-snowden-effect-whistleblowing-sees-sharp-rise.html

Four whistle-blowers have cashed in on pay-outs from the SEC in the last fiscal year, with one being awarded $14 million, under the U.S.'s Dodd Frank Act.[2]

[2] http://www.cnbc.com/2013/10/01/sec-awards-record-14-million-to-whistleblower.html

The Department of Justice (DOJ) has announced that, for all of fiscal year (FY) 2015, over $3.5 billion in settlements and judgments were obtained because of fraud cases against the government brought under the False Claims Act (FCA).[3]

[3] http://www.southcarolinalawyerblog.com/2016/04/government-trends-in-whistleblower-actions.html

Reward scheme for reporting tax evasion launched

SR. REGISTRATION NO. TAXPAYER NAME BUSINESS NAME

1 0000090-6 DEEN CHEMICALS (PRIVATE) LIMITED

10,10323 - Records

PAKISTAN – WHISTLE BLOWING ACT

http://www.dawn.com/news/1179101

http://www.nab.gov.pk/PRESS/NEW.ASP?886

In the case of information shared about untaxed wealth, the person providing such information would be offered a specified share of the recovered money without revealing his or her identity to anyone. The proposed law will also provide adequate safeguards against victimisation of the person making such complaint and for matters connected.http://www.thenews.com.pk/print/12288-fbr-to-propose-whistleblower-protection-act

Shawn Carpenter - 2005

• AFFECTED ORGANIZATION: • Sandia National Laboratories, FBI

• OPERATION REVEALED:• Discovered that a sophisticated group of hackers were systematically penetrating hundreds of computer

networks at major U.S. defense contractors, military installations and government agencies to access sensitive information. [3]

• CONSEQUENCES OF WHISTLEBLOWING:• When Sandia discovered his actions, they terminated his employment and revoked his security clearance.

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING• On February 13, 2007, a New Mexico State Court awarded him $4.7 million in damages from Sandia

Corporation for firing him. [3]

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING• The Titan Rain hacking operation was first reported in an August 25, 2005 Washington Post article by Bradley

Graham, which didn't mention Carpenter. [10]

• CURRENT STATUS OF WHISTLE BLOWER• Shawn is working as Board Member and Founding CEO of YCharts since 2009.[11]

Mark Klein - 2006

• AFFECTED ORGANIZATION:• AT&T, National Security Agency

• OPERATION REVEALED:• National Security Agency warrantless surveillance by the Bush administration in the wake of the September

11, 2001 terrorist attacks.[12]

• CONSEQUENCES OF WHISTLEBLOWING:• Fueled the lawsuit that so scared Congress that lawmakers passed legislation immunizing AT&T and any other

telecommunications companies from being sued for assisting the NSA’s dragnet surveillance program.[13]

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• Electronic Frontier Foundation went to into court battle with Government fighting for the bill of rights.

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• After Congress killed the litigation, the EFF sued the government instead. That case is pending in a San

Francisco federal courtroom.[14]

• CURRENT STATUS OF WHISTLE BLOWER:• In recognition of his actions, the Electronic Frontier Foundation picked Klein as one of the winners of its 2008

Pioneer Awards.[15]

Babak Pasdar - 2008

• AFFECTED ORGANIZATION:• Quantico Circuit

• OPERATION REVEALED:• While overhauling security for a major telecommunications company (independently identified as Verizon), computer

security expert Babak Pasdar discovered the "Quantico Circuit"[23] at the company's facility that surreptitiously re-routed and captured all customer mobile phone communications. [24]

• CONSEQUENCES OF WHISTLEBLOWING:• No consequences were reported to whistleblower but he signed a non-disclosure agreement with employer and went out in

establishing three new startup companies.

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• Pasdar’s findings were one of the pioneering disclosures that exposed the full extent of domestic spying on Americans

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• "Quantico Circuit" — a 45 megabit/second DS-3 line linking its most sensitive network to an unnamed third party.[25]

• CURRENT STATUS OF WHISTLE BLOWER:• Bat Blue is his third successful startup, previously he founded Cybernex and IGX Global.[26]

David P. Weber - 2013

• AFFECTED ORGANIZATION:• U.S. Securities and Exchange Commission

• OPERATION REVEALED:• Weber was a whistleblower while at the SEC, reporting allegations about foreign espionage against the stock exchanges,

and concerning misconduct in the Bernard L. Madoff and R. Allen Stanford Ponzi scheme investigations, the two largest fraud cases in the history of the United States.

• CONSEQUENCES OF WHISTLEBLOWING:• He was terminated months later for supposedly unrelated reasons.[33][34]

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• He sued the SEC, claiming wrongful termination and District Court reinstated him with SEC paying him $580,000,.[37]

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• Weber also reported potential "national security" concerns and "possible espionage" by "foreign nationals" related to a case

Weber was investigating that "involved unencrypted computer hard drives that contained sensitive stock exchange information."[38]

• CURRENT STATUS OF WHISTLE BLOWER:• On July 30, 2015, Weber was recognized by six United States Senators and one member of the House of Representatives at

the First Congressional Celebration of National Whistleblower Appreciation Day.[39]

Julian Assange - 2006

• AFFECTED ORGANIZATION:• Numerous (Countries, Politicians and Organizations)

• OPERATION REVEALED:• By 2015 WikiLeaks had published more than 10 million documents and associated analyses, and was

described by Assange himself as "a giant library of the world's most persecuted documents".

• CONSEQUENCES OF WHISTLEBLOWING:• After WikiLeaks released the Manning material, U.S. authorities began investigating WikiLeaks and Assange personally; with a view to

prosecuting them under the Espionage Act of 1917

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• While it is unquestionable that leaks about war crimes and prison violence have given valuable information

for society, it is harder to judge the value of data from large amount of diplomatic cables.

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• 2011; Julian Assange vows to reveal tax details of 2,000 wealthy people. [20]

• CURRENT STATUS OF WHISTLE BLOWER:• Assange lives in Ecuador's London Embassy, unable to leave without being arrested for breaching his bail

conditions.[21]

Anat Kamm - 2008

• AFFECTED ORGANIZATION:• Israeli Defense Force

• OPERATION REVEALED:• The leak suggested that the IDF had defied a court ruling against assassinating wanted militants in the West Bank who could

potentially be arrested safely.

• CONSEQUENCES OF WHISTLEBLOWING:• Kamm was convicted of espionage and providing confidential information without authorization.

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• Israeli law enforcement sources said the documents include "operational military information, security and situation

assessments, meetings' minutes and protocols, highly sensitive intelligence information, orders of deployment and battle, drill briefings, and warfare doctrines for the West Bank".

• Shin Bet chief Yuval Diskin said that the case "had the potential to cause grave damage to state security", and defined the documents as "the kind that any intelligence agency would be delighted to get its hands on".

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• According to the indictment, Kamm illegally copied over 2,000 classified documents during her military service at the IDF.

• CURRENT STATUS OF WHISTLE BLOWER:• Kamm was released after 26 months in January 2014. Anat Kamm is currently an Israeli journalist.

Chelsea Manning - 2010

• AFFECTED ORGANIZATION:• United States Army

• OPERATION REVEALED:• Chelsea Manning was convicted on July 2013 of violations of the Espionage Act and other offenses, after disclosing to WikiLeaks nearly three-

quarters of a million classified or unclassified but sensitive military and diplomatic documents.[27]

• CONSEQUENCES OF WHISTLEBLOWING:• Manning was sentenced in August 2013 to 35 years' imprisonment, with the possibility of parole in the eighth year, and to be dishonorably

discharged from the Army.[30]

• POSITIVE AND NEGATIVE IMPLICATIONS OF WHISTLE BLOWING:• No study was made; and like always with a short storm and thunder even media forget about the information leaked by Chelsea; which

according to Amnesty International “Manning's leaks had exposed violations of human rights[32]

• ISSUES, EVIDENCES AND STATISTICS OF WHISTLE BLOWING:• Baghdad airstrike[31]• Afghan War logs, Iraq War logs[31]• Diplomatic cables, Guantanamo Bay files[31]• Granai airstrike[31]

• CURRENT STATUS OF WHISTLE BLOWER:• In April 2015, Manning began communicating via Twitter, under the handle @xychelsea, by using a voice phone to dictate to intermediaries,

who then tweet on her behalf. [31]

CONCLUSION

Whistleblowing is truly an entirely ethical decision, and action.

1. There are likes of Chelsea Manning, Anat Kamm and Julian Assange who although has put forth information about governments that clearly violated the Human Rights (nothing is important than a human life – right ) and yet they were dubbed and punished publicly.

2. Then there are the likes of David P. Weber, Babak Pasdar, Mark Klein and Shawn Karpenter; who also came forth with allegation of Government bypassing laws; but we see that all of them are rewarded compensated and are very successful with their startup companies.

3. We have seen that Government (US) has law to reward foreign whistle blowers “Whistleblowers who reside outside of the United States have the right to report violations of the Foreign Corrupt Practices Act and qualify for financial rewards if their information is used as part of a successful prosecution, and they comply with the requirements of the law. [8]” Unfortunately those who have come forth with information that can be used to put to task their own people/ country (against war crimes) were dubbed and penalized.

Of course we make laws but surely you

don’t expect us to observer them

Recommendation – Participatory Democracy

• RTI is based on the principle that information belongs not to the government, but to the people.

• “Whistle Blowers are raising Awareness and It has to be on more systematic and large scale.”

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