Professional Practice and Ethics: Edward Snowden Case Study Report

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This report analyzes the Edward Snowden case, focusing on the ethical issues surrounding the NSA's data collection and Snowden's leak of classified information. Using the 'doing ethics' technique and the Australian Computer Society (ACS) code of ethics, the report examines the situation, facts, issues, affected parties, and ethical implications. The analysis considers utilitarianism, deontology, and contractarianism theories, alongside virtues. The report concludes that, while Snowden's actions were in the public interest, the situation could have been handled more professionally, and it offers recommendations including government authority for whistleblowers, removing charges against Snowden, and establishing an ethics committee. The report also evaluates the case based on the ACS Code of Ethics, particularly the primacy of public interest and the enhancement of quality of life. The report provides a comprehensive overview of the ethical dilemmas and their implications, offering insights into professional responsibilities and the balance between public interest and national security.
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Edward Snowden – Ethical Issues
Professional Practice and Ethics
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Executive Summary
The aim of this report is to evaluate the case study of Edward Snowden to identify the
ethical issues in the case. NSA was collecting and mining personal data of people in order to
find potential terrorist threats, and Snowden leaked classified information about this
program. This report used the doing ethics technique and ACS code of ethics to evaluate the
ethical issues in the case. It was held that although actions of Snowden were in the public
interest, however, the situation could have handled more professionally. Various
recommendations are given in this report:
Implementation of government authority for whistleblowers for professionally
handling this type of situations particularly.
Removing charges of Snowden to bring him back to the country.
Setting up an ethics committee for judging the actions of Snowden.
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Table of Contents
List of Abbreviations and Assumptions Made...........................................................................3
Introduction...............................................................................................................................3
Situation Analysis – Doing Ethics Technique..............................................................................4
What’s going on?...................................................................................................................4
What are the facts?................................................................................................................4
What are the issues?..............................................................................................................5
Who is affected?....................................................................................................................5
What are the ethical issues and implications?......................................................................6
What can be done about it?...................................................................................................7
What are the options?...........................................................................................................7
Which option is the best?......................................................................................................7
Analysis of the case – ACS Code of Ethics..................................................................................9
Conclusion and Recommendations..........................................................................................11
References................................................................................................................................12
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List of Abbreviations and Assumptions Made
ICT: Information and Communication Technology
ACS: Australian Computer Society
NSA: National Security Agency
CIA: Central Intelligence Agency
Introduction
In today’s competitive business world, corporations rely on technologies for generating and
maintaining a competitive advantage in the industry. The significance of information ethics
has grown parallel with the popularity of technological advancements. The information
ethics provides provisions regarding allocation, use, maintenance, and creation of
technologies for ensuring a positive relationship with ethical and moral principles (Smith,
Dinev and Xu, 2011). The importance of information ethics has grown globally.
Organisations and people face a number of ethical issues while using modern technologies.
The ethical issuing includes factors such as ownership of data, privacy concerns, collection of
data and others. In this report, the case study of Edward Snowden will be evaluated by using
the ‘doing ethics technique’. The Code of Ethics will also be evaluated in this report which is
issued by the Australian Computer Society. These standards are required to comply by ICT
professionals while discharging their duties which assist them in resolving different ethical
dilemmas faced by them (Burmeister, 2013). The purpose of this report is to evaluate the
ethical dilemma in the case study of Edward Snowden by using of doing ethics technique.
The structure of this report will include an analysing of Edward Snowden case study by using
the doing ethics technique. Furthermore, this report will evaluate the case study based on
ACS Code of Ethics. Lastly, a conclusion will be drawn from the analysis and
recommendations will be given in the report.
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Situation Analysis – Doing Ethics Technique
What’s going on?
Edward Snowden was an employee of Booz Allen Hamilton where he was appointed as a
defence contractor, and he was working at the National Security Agency (NSA). He was also
a former officer of Central Intelligence Agency (CIA). During his employment at NSA,
Snowden leaked classified information about a program of NSA which is considered as one
of the most significant leaks in the history of the United States (BBC, 2014). He leaked data
to the Guardian and the Washington Post regarding a confidential program of NSA. Through
this program, NSA collected private data of US citizens and performed data mining of such
data. The data was collected by NSA through smartphones and internet traffic records of
people. The purpose of this program was to find any potential link to terrorists.
After the leak, Snowden flew away from the country in order to protect himself because the
government charged him under the Espionage Act 1917. According to the government, he
was charged under the act because his actions were considered as a betrayal towards the
country; his passport was cancelled by the government as well. According to Snowden, he
leaked the data in order to let people know about the confidential program of NSA which is
a significant threat to their privacy (Franceschi, 2014). People were praising his actions
because they resulted in terminating the program of NSA. However, many US citizens were
criticising his actions as well because the program was helping the government in finding
terrorists and their potential targets which saves millions of lives.
What are the facts?
The facts of this case study include that Edward Snowden leaked information about the
classified program of NSA through which the government collects and mines the data of US
citizens. Snowden was a former CIA agent, and he has the skills to leak the information
about the classified program of NSA without letting anyone knew about it. His actions were
considered as a betrayal towards the country, and the government charged him under the
Espionage Act. Quickly after the leak, Snowden flew away from the country. After flying
away from the country, Snowden admitted that he only joined the job a Booz Allen
Hamilton for collecting all the information about their security system which assisted him
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while leaking the data of NSA (Chabrow, 2013). His actions received mixed opinions from
the US citizens as many people considered it an ethical act whereas other considered his
actions dangerous to the nation’s security.
What are the issues?
The primary issue, in this case, is unauthorised access and collection of information by
Snowden regarding a program of NSA without asking for any prior permission of any
government authority or the court. Snowden was an ICT professional, and he breached his
professional duties which he owed towards NSA. Right after the leak, Snowden flew out of
the country to avoid legal charges. Another issue is that he was charged under the
Espionage Act since his actions are considered as a betrayal against the nation and many
government officials criticised his actions for increasing the chances of national threat
(West, 2015). Another issue is people’s mixed feeling towards the incident because some of
them praised him whereas others criticised his actions.
Who is affected?
Edward Snowden
Snowden was affected by this incident because he had to leave his home country and
completely change his lifestyle. The government charged him under the Espionage Act, and
his passport was cancelled as well. His action was not protected under the Whistleblower
Act because he had a contractual relationship with the government (Barth, 2018).
US Government
The leak resulted in shutting down the data collection and mining program of NSA which
made it difficult for the government to find out about potential terrorist threats. The
government faced challenges relating to its foreign relationships. Countries such as
Germany, Russia and Brazil cancelled their treaties with the country. The President of Brazil
cancelled his US trip, and the government of Germany demanded reinvestigation in the
matter (Reuters, 2013). The US government faced humiliation as well because the Russian
government called them two-faced and give asylum to Snowden (Heritage and Holland,
2013).
US Citizens
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People find out that their government is collecting their personal data which is a serious
breach of their privacy. People lose their faith in the government, and they criticised the
program of NSA. Most individuals supported the actions of Snowden since it protected their
privacy.
Terrorists
Due to termination of NSA program, it becomes easier for a terrorist to communicate with
others through smartphones and the internet. It has become easier for them to plot a
terrorist attack on the industry which requires the government to take appropriate
measures.
Cloud services providers (CSP)
The US-based CSPs faced serious financial loss because their customers lose faith in their
services, and they decided to cancel their contract with them. It resulted in reducing their
revenue, and they lost a number of global clients (Thibodeau, 2013).
What are the ethical issues and implications?
Utilitarianism Theory
Due to the consequences of the actions of Snowden, people become aware of the data
mining program of NSA, and it resulted in shut down of the program which secured people’s
data and creates happiness (Camero, 2015).
Deontology Theory
Snowden was an ICT professional, and he breached his duties for leaking classified
information about the program of NSA. He breached his professional duties, and he is
charged by the government under the Espionage Act.
Contractarianism Theory
Snowden breached his professional duties towards NSA by leaking classified information
about NSA which made him legally wrong. On the opposite side, breaching of his
professional duties resulted in saving privacy of millions of people.
Virtues
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The actions of Snowden risked his life, and he had to leave his home country. He is loyal and
honest towards public because he faced all these risks to secure the privacy of millions.
What can be done about it?
In this particular situation, there are a number of options available for both Snowden and
the US government. Firstly, Snowden can surrender himself by coming back to the country,
and the Supreme Court of the US should resolve this case. The government is required
change the policies of the Whistleblower Act to encourage more leaks which are beneficial
for the public. The government should implement strict policies for ensuring that no
governmental authority is collecting or mining personal data of people without prior
permission of the court (Hays, 2015). Another option is instead of hearing the case in the
Supreme Court, an ethics committee can judge the actions of Snowden. Snowden is a
continuous threat for the US because terrorists can capture him to collect classified
information about the US government; therefore, he should come back to the US. Increase
in the security at NSA for avoiding future data leaks and breaches.
What are the options?
1. Rather than coming back to the country, Snowden can save himself from charges
which are imposed by the US government on him. However, the US government will
not be happy by this option since he is a potential threat to the nation’s security if
terrorists capture him.
2. In order to bring him back to the country, the government can remove charges of
Snowden and ensure him that an ethics committee will judge his actions.
3. Change in the governmental policies regarding collecting and mining of private data
without prior permission.
4. Change in the provisions of the Whistleblower Act for encouraging more leaks which
are beneficial for the public.
Which option is the best?
The second option is the best because it will ensure that Snowden comes back to the
country which will make the US government happy. On the other hand, Snowden will be
happy as well because his charges will be removed and an ethics committee will judge his
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actions. It will also avoid the threat of leaking of confidential information to terrorists which
will be beneficial for the public.
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Analysis of the case – ACS Code of Ethics
There are six codes of ethics which are given by ACS which are necessary to be followed by
ICT professionals while discharging their duties.
The Primacy of Public Interest
The first code of ethics issued by ACS provides that ICT professionals should prioritise public
interest while discharging their duties (Clarke, 2016). They should ensure that the interest of
the public is above their personal interest and organisational interest. Snowden violated his
duties towards his employer in order to leak confidential data for the benefit of the public.
Based on these actions, he prioritises the interest of public about his employer and personal
interest because he risked his life to leak such information; therefore, he complied with this
code.
The Enhancement of Quality of Life
While performing his duties, an ICT professional should perform such actions which resulted
in enhancing people’s lives (Goldweber et al., 2011). Snowden risked his life to leak
classified information about the program of NSA which was used by the government for
collecting and mining of data. He leaked such data in order to let people know that their
own government is breaching their privacy. After the leak, the NSA program was terminated
by the government and a rule by imposed that no governmental authority can collect or
mining private data of the public without prior permission of the court. Therefore, the
actions of Snowden resulted in enhancing the quality of people’s lives by improving their
privacy and data security.
Honesty
It is necessary that an ICT professional should have honesty and integrity towards his job,
and he should not use his/her knowledge to misleading his/her clients while giving them
professional advice (Bernoth et al., 2014). Snowden used his knowledge to leak the
classified information about data mining program of NSA. Although he did not have integrity
towards his employer, however he was honest towards the public, and he leaked the
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classified information in order to maintain integrity towards the US citizens. Therefore, he
fulfilled this code of ethics as well.
Competence
During his employment, an ICT professional should ensure full diligence towards his work,
and he should take appropriate actions to protect the interest of the public. Before
accepting any work, an ICT professional should evaluate that whether he is competent to
perform the work (Abdallah, 2010). An ICT professional should ensure that he/she is capable
to discharging his duties effectively, and he/she should ask for help from his/her seniors in
case any issues occurred while discharging of his/her duties. Snowden had appropriate
knowledge of his work, and he was competent to act as an ICT professional for NSA. He was
aware of the codes of ethics which are necessary to be followed by him, therefore, he
leaked the classified information as soon as he realised that the NSA is breaching the privacy
of the public.
Professional Development
An ICT professional should also take actions to improve his/her knowledge regarding the
latest advancement in the ICT field (Al-Saggaf, Burmeister and Weckert, 2015). He/she
should learn about new developments which might affect his/her work while discharging his
duties. It will ensure that he/she is able to provide high-quality services to stakeholders.
Snowden knew about the latest advancement in the ICT field, and he also keeps himself up
to date with the latest information which might affect his work. He joined the job at Booz
Allen Hamilton to learn about their security infrastructure which assists him while leaking
the classified information. Therefore, he complied with this principle as well.
Professionalism
An ICT professional should be highly professional while discharging his/her duties.
Maintenance of high level of professionalism is necessary for ICT professionals because it
assists them in fulfilling the interest of stakeholders (Al-Saggaf and Burmeister, 2012). It also
maintains the trust of the public in ICT professionals. Snowden was unprofessional while
leaking the classified information about NSA data mining program. He violated his duties
towards his employer and the US government by leaking the confidential information. He
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also flew away from the country rather than face the charges. He could have given
information about the program to a government authority which might investigate the
matter and resolve the issues more professionally. Therefore, the actions of Snowden were
not professional.
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Conclusion and Recommendations
To conclude, Edward Snowden was involved in leaking classified information about a data
mining program of NSA through which personal data of public were collected and mined by
the government. As per doing ethics technique, there are different alternative options
available to Snowden and the US government regarding this matter such as setting up of an
ethics committee, bring Snowden back to the country and removing charges of Snowden.
The best option is the formation of an ethics committee to judge the actions of Snowden.
Snowden complied with many ACS codes of ethics such as honesty, prioritising public
interest, competence, professional development and enhancement of quality of life. The
actions of Snowden were for the interest of the public; however, the entire situation could
have handled more professionally. Following recommendations can assist addressing the
issues, in this case, more ethically:
The government should implement a dedicated authority in which whistleblowers
can provide information about illegal or ethical actions of organisations without
risking their lives.
The government should remove charges of Snowden and bring him back to the US
because he is a national threat.
His actions should be judged by an independent ethics community.
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References
Abdallah, S. (2010) Islamic ethics: an exposition for resolving ICT ethical dilemmas. Journal of
Information, Communication and Ethics in Society, 8(3), pp.289-301.
Al-Saggaf, Y. and Burmeister, O.K. (2012) Improving skill development: an exploratory study
comparing a philosophical and an applied ethical analysis technique. Computer Science
Education, 22(3), pp.237-255.
Al-Saggaf, Y., Burmeister, O. and Weckert, J. (2015) Reasons behind unethical behaviour in
the Australian ICT workplace: An empirical investigation. Journal of Information,
Communication and Ethics in Society, 13(3/4), pp.235-255.
Barth, B. (2018) Edward Snowden returns to US! Oops, nope, it’s a phishing scam. [Online]
SC Magazine. Available at: https://www.scmagazineuk.com/edward-snowden/topic/47664/
[Accessed on 19th May 2018].
BBC. (2014) Edward Snowden: Leaks that exposed US spy programme. [Online] BBC.
Available at: http://www.bbc.com/news/world-us-canada-23123964 [Accessed on 19th May
2018].
Bernoth, M., Dietsch, E., Burmeister, O.K. and Schwartz, M. (2014) Information management
in aged care: cases of confidentiality and elder abuse. Journal of business ethics, 122(3),
pp.453-460.
Burmeister, O.K. (2013) Achieving the goal of a global computing code of ethics through an
international-localisation hybrid. Ethical Space, 10(4), pp.25-32.
Camero, J. (2015) NSA´s surveillance leak by Edward Snowden – a utilitarian analysis. [PDF]
Corporate Social Responsibility Network. Available at:
http://www.corporateresponsibilitynetwork.com/wp-content/uploads/topics-corporate-
responsibility-society/regents_151018_snowden.pdf [Accessed on 19th May 2018].
Chabrow, E. (2013) How Did Snowden Breach NSA Systems?. [Online] BankInfo Security.
Available at: https://www.bankinfosecurity.com/blogs/how-did-snowden-breach-nsas-
computers-p-1578 [Accessed on 19th May 2018].
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Clarke, R. (2016) Big data, big risks. Information Systems Journal, 26(1), pp.77-90.
Franceschi, L. (2014) The 10 Biggest Revelations From Edward Snowden's Leaks. [Online]
Mashable. Available at:
https://mashable.com/2014/06/05/edward-snowden-revelations/#Wx3f2OV8KPqW
[Accessed on 19th May 2018].
Goldweber, M., Davoli, R., Little, J.C., Riedesel, C., Walker, H., Cross, G. and Von Konsky, B.R.
(2011) Enhancing the social issues components in our computing curriculum: computing for
the social good. ACM Inroads, 2(1), pp.64-82.
Hays, D. (2015) The Ethics of Government Surveillance: Is Edward J. Snowden a Hero or a
Villain?. [PDF] ID Online. Available at:
http://i-d-online.com/ecaeforg/austrian-economics/essays/vsp2015_hays.pdf [Accessed on
19th May 2018].
Heritage, T. and Holland, S. (2013) Russia gives Snowden asylum, Obama-Putin summit in
doubt. [Online] Reuters. Available at: https://www.reuters.com/article/us-usa-security-
snowden-russia/russia-gives-snowden-asylum-obama-putin-summit-in-doubt-
idUSBRE9700N120130801 [Accessed on 19th May 2018].
Reuters. (2013) Brazil's Rousseff cancels state visit to U.S. over spying –report. [Online]
Reuters. Available at: https://www.reuters.com/article/usa-security-snowden-brazil-
idUSL2N0HD13S20130917 [Accessed on 19th May 2018].
Smith, H.J., Dinev, T. and Xu, H. (2011) Information privacy research: an interdisciplinary
review. MIS quarterly, 35(4), pp.989-1016.
Thibodeau, P. (2013) Snowden revelations may cost U.S. cloud providers billions, says study.
[Online] Computer World. Available at:
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may-cost-u-s--cloud-providers-billions--says-study.html [Accessed on 19th May 2018].
West, A. (2015) 17 disturbing things Snowden has taught us (so far). [Online] PRI. Available
at: https://www.pri.org/stories/2013-07-09/17-disturbing-things-snowden-has-taught-us-
so-far [Accessed on 19th May 2018].
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