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The legality of WikiLeaks


  • paul 5 years ago

    You're incorrect about the legal situation around a private company whistleblower. If I sign a document that says I will keep my company's confidential information secret and I turn around and publish that... I'm liable and can/should be prosecuted. I would have broken the contract with my company and am liable. Period. That's not saying that there aren't times when it's a morally superior position to blow the whistle. If I knew of a situation that was dangerous and putting employees at risk for death or injury (AND there was no action on behalf of management) it would be the right thing to do. Lawyers be damned.

    I think wikileaks should still exist, but they need to consider that by releasing secret documents, they are potentially putting the world into an ever more dangerous state. If I sent them plans for a nuclear weapon or a dirty bomb, would they publish it for "freedom of speech?" I fear they would and that makes them naive idiots in my book.

  • pacelegal 5 years ago

    I am not taking sides as I think we need strong Whistleblower laws and the US is currently fast tracking those laws for military and intelligence personnel.

    However you need to draw the distinction between IP and trade secrets versus information that could endanger someone. Almost all privacy legislation, contracts and other legal documentation would have an exemption if not etched in contract then at common law for these situations.

    However in some countries there is official secret information that binds public servants from releasing such information that comes into their possession which reveals wrongdoing.

  • Ivica 5 years ago

    Who decides if WikiLeaks compromises security of the nation or troops?

  • Anonymous 4 years ago

    Government decides. It is their business because it is assumed that the government knows best what should be kept secret from the public. It is regulated by an Executive Order on classified national security information, to be kept secret for national defence or foreign policy) on classified national security information, as stated in Freedom of Information Act. Obama's Executive Order 13526 and Bush's 13292.

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