← All questionsGS4 · 2018 · Case Studies — Individual Morality ·Snowden: Law vs Conscience (Case)
QUESTION 12
GS4
20 marks

Edward Snowden, a computer expert and former CIA administrator, released confidential Government documents to the press about the existence of Government surveillance programmes. According to many legal experts and the US Government, his action violated the Espionage act of 1971, which identified the leak of State secret as an act of treason. Yet, despite the fact that he broke the law, Snowden argued that he had a moral obligation to act. He gave a justification for his “whistle blowing” by stating that he had a duty “to inform the public as to that which is done in there name and that which is done against them.” According to Snowden, the Government’s violation of privacy had to be exposed regardless of legality since more substantive issues of social action and public morality were involved here. Many agreed with Snowden. Few argued that he broke the law and compromised national security, for which he should be held accountable. Do you agree that Snowden’s actions were ethically justified even if legally prohibited? Why or why not? Make an argument by weighing the competing values in this case.

WRITE IN
14 min
250 words

What the examiner wants

Judge whether Snowden's illegal disclosures were ethically justified, weighing privacy and security.

Case studyName the stakeholders and the issues, weigh the options, and say what you would do and why.

Demand-wise check

  1. 1Stakeholders: citizens, government, intelligence agencies, allies, Snowden≈50 words
  2. 2For: public right to know, privacy, secret mass surveillance, democratic oversight; programme later found unlawful≈50 words
  3. 3Against: breach of oath and law, risk to agents and operations, no use of internal channels, bulk dump of documents≈50 words
  4. 4View: partly justified on mass surveillance, but the method (wholesale leaks, flight) weakens it; need strong whistleblower channels and oversight≈50 words

Open in about 30 words and close in about 30.

Answer plan

FactsCompeting valuesArguments for and againstBalanced judgmentLessons for IndiaConclusion

Where marks usually go

  • One-sided praise or condemnation
  • No link to privacy law or whistleblower protection

Draw this

  • Scale: privacy and transparency vs security and rule of law

Value addition

  • CaseUS Court of Appeals (Ninth Circuit), 2020: NSA bulk phone-records programme exposed by Snowden was unlawful.US v Moalin, 2020
  • LawUSA FREEDOM Act, 2015 ended NSA bulk collection of phone metadata.US Congress, 2015
  • LawIndia's Whistle Blowers Protection Act, 2014 protects disclosures to a competent authority, not to the public.Parliament, 2014

Mapped topper copies

Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.

Links open original public sources. MainsBuddy does not host these answer sheets.