Thursday, April 5, 2018

Whistleblowing and Morality


Whistleblowing and Morality

Whistleblowers are moral warriors, some think.  Lawyer-whistleblower Will Kramer recently argued they often feel a powerful sense of moral obligation.   Myths that they are motivated by money or they are just disgruntled employees are wrong, he wrote.  But morality is tricky.   Mostly people call something right based less on moral reasoning than on moral rationalization[1].  And whether an objection is honestly founded on moral grounds can depend on your perspective.

The Easter-Passover season brings to mind an early whistleblower: Judas Iscariot.  Judas followed Jesus of Nazareth for a couple of years through the Judean desert.  Jesus’ ideas grew increasingly at odds with Jewish tradition, from which Judas and the other disciples came.  While many early followers quit him, Judas stayed on with some reservations.  As their finance guy, he complained, for example, that money spent on Jesus should be used to assist the poor. 

According to familiar biblical reading[2], Jewish leaders decided to arrest Jesus for violating their teachings, but they needed an insider’s help.  In exchange for reward, Judas directed them to Jesus.  After the arrest, Judas was shunned and soon died.  Although his name became synonymous with traitor, his only sin may have been to defend what he considered a valued religious tradition.

This is a common whistleblower’s plight.  We convince ourselves we are doing what’s right for excellent, moral reasons, but others reject our belief.

Last month, Adrian Lamo died.  Lamo rose to fame in the hacker community for authorized and unauthorized security tests of various corporate computer networks.  His 2002 break into The New York Times got him a two-year probation sentence and a $65,000 order for restitution.  He entered a difficult period that included a psychiatric lockup and diagnosis for Asperger’s.  Then in 2010 he and Bradley (later Chelsea) Manning had a conversation.  Manning confided having downloaded 260,000 secret files and sending them to Wikileaks. 

Lamo was no innocent.  Hacking and document theft didn’t bother him, per se.  But he thought the leaks put lives at risk.  So he turned Manning in to the FBI.  He made a moral call.  He blew the whistle on a soon-to-be-famous whistleblower.  For that he was treated as most whistleblowers are: he was vilified by supporters of Manning and Wikileaks.  His tribe judged him a Judas for doing what he thought was right.

Other whistleblowers also experience this: the people she betrays claim they have greater value.  The State found harm, not good, in my whistleblowing because it supposed HomeFirst really helped the homeless.  Christians have the biggest problem with Judas.  And Lamo’s critics tend to find inherent benefit in public disclosure of confidential documents.  When Sherron Watkins brought down Enron, she was heroic because Enron was by that time regarded as scum. 

Another who turned against his clan was Christopher Wylie.  Wylie worked at Cambridge Analytica for about a year ending in 2014.  A data guy, for years he was OK with using Facebook data for political research and psychological profiling.  CA got funding from major Republican donor Robert Mercer and was co-founded by Steve Bannon.  It supported many conservative political campaigns.  Wylie was fine with that, too, at the time.  CA’s clients included Ted Cruz in 2014, maybe Brexit supporters, and then Trump in 2016.

Like Lamo, what pushed Wylie over the edge was not the work itself.  He didn’t mind grabbing personal information from 87 million people.  What bothered Wylie was its outcome: Trump won.  CA’s immorality became evident to him years after he left the company.  Only then did he conclude it was undermining democracy.  His come-lately approach to whistleblowing, however, has drawn criticism from Slate and others.

These whistleblowers are connected by two threads in their projects.  First comes the terrible difficulty in teasing out what is morally correct.  Our complaints can be technical and hard to understand.  Whether we act honorably for the right reasons is always subject to doubt. 

We necessarily offend one morality when we defend another.  One’s judgment on Judas is biased by her feelings toward Jesus.  Even a case as seemingly clear as Watkins’s becomes ambiguous when the thousands of innocent employees at Enron and Arthur Anderson, who lost their jobs, are considered.

Second, a whistleblower’s history provides ready ammunition for her attackers.  Judas is reviled as a traitor because he voluntarily followed Jesus for years.  Lamo received scorn because he was once a lauded hacker and his background led Manning to approach him.  Wylie is maligned because he happily made money on the business he now exposes. 

At HomeFirst, I was CFO for seven years, and some of its problems began years before I disclosed them.  My career made me disingenuous, HomeFirst contended, not a true whistleblower.  The State labor commission agreed with the company: I was a traitor trying to bring it down.  A Judas, I was not acting in good faith, it wrote. 

Each of us emerges from a past that endangers us.

So we whistleblowers usually lose.  That’s no reason to be silent.  Sometimes we’re so upset about our situation, we need to act.  It’s just a warning about what will probably happen when we do.



[1] Greene, Joshua D. “The Secret Joke of Kant’s Soul.” In Moral Psychology: The Neuroscience of Morality: Emotion, Brain Disorders, and Development (Volume 3).  W. Sinnott-Armstrong (ed.). Cambridge: MIT Press, 2008. 35–80
[2] In one alternative reading, Jesus was a rebel who challenged the Roman order.  The Romans, who eventually crucified him, had good reason and authority, which the Jewish leaders lacked, to execute him.  See also this.

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