Understanding Secrecy, Upholding the Public Interest: National Security Whistleblowing, Civil Society and Support Networks

Lead Research Organisation: University of East Anglia
Department Name: Art, Media and American Studies

Abstract

When the AHRC research project began to investigate the long history of U.S. national security whistleblowing (AH/P00461X/1), the fate of Edward Snowden, who had revealed warrantless surveillance programmes, was uncertain. It anticipated he would not be the last whistleblower. Three years later Snowden's situation remains precarious while several other whistleblowers have emerged and been charged for disclosing national defense information. European whistleblowers, while generating fewer headlines, have also made disclosures and face prosecution. The twenty-first century has marked a new era of national security whistleblowing around the world, but our understanding of the phenomenon has not kept pace with these developments.

This is also true for the whistleblowing advocacy organisations that provide the essential protection for individuals crossing the secrecy Rubicon to make disclosures in the public interest. The Follow-on Funding for Impact and Engagement looks to bring academic and advocacy groups into sustained dialogue to better understand the past, present, and future of national security whistleblowing. The activities explore how historical approaches can inform, assist, and enhance the work of third sector groups providing whistleblower support and protection today. In sharing research findings and best practises, this project addresses well-defined needs to expand the knowledge base, strengthen links with scholarship, and increase collaboration between organisations working in different national jurisdictions. In a practical sense, a historical perspective can assist advocates in their efforts to inform legal cases, shape legislation, propose reforms, and comprehend the stories behind today's unfolding headlines.

The original research on U.S. national security whistleblowing uncovered a vast, diverse advocacy world. Furthermore, it extended beyond the United States. The proposed activities build on unforeseen impact opportunities to engage this wider whistleblowing advocacy community in the UK and Europe. The proposal seeks to share expertise and skills across national borders. Debates around whistleblowing and national security frequently concentrate on individual states and their respective legal frameworks, but there is a need to address themes that cut across national and regional divides. The questions facing advocates in the United States are similar to those facing counterparts in the UK and Europe. This project aims to bring those voices into conversation with one another and with scholars working on the subject.

This is a particularly opportune moment for closer academic-advocacy collaboration. State prosecutions are on the rise. Whistleblower protection is a live political, legal, and social issue, with legislative bodies in the U.S., UK and Europe debating the adequacy of existing policies and mechanisms. Advocates have made progress in recent years but continue to confront powerful secrecy establishments and expansive national security states. A historical perspective is essential to understanding the present, but also exploring future protection strategies that go beyond legal justice matters to include the civic and social factors behind individuals speaking truth to power.

Planned Impact

The impact plans have been developed alongside leading whistleblowing organisations in the U.S., UK, and Europe to reach other stakeholders in the advocacy community. Through a series of innovative workshops and open-access outputs, the activities foster sustained scholar-practitioner engagement to promote historical approaches in advocacy work. They will explore the political, legal, and cultural contexts in which disclosures in the public interest emerge and state responses to whistleblowers unfold. The project offers important impact for present-day whistleblowing protection debates and support networks. The activities address common questions and bridge the gap between scholars and advocates with the aim of better understanding secrecy and upholding the public interest.

The activities meet well-defined needs by addressing three strands of concern for advocacy groups: understanding the histories of national security and whistleblowing that have shaped the modern legal, political, and social terms of debate; integrating historical findings and methods in protection work; sharing expertise and knowledge to foster more effective long-term protection strategies. The impact has been formulated in close collaboration with four world-leading whistleblowing organisations as Project Partners: Whistleblowing International Network (UK); Government Accountability Project (U.S.); Protect [formerly Public Concern at Work] (UK); and Fundación Internacional Baltasar Garzón [Garzón International Foundation for Human Rights and Universal Jurisdiction] (Spain).

Three interactive workshops will bring academics and advocates together for a series of peer-to-peer roundtable discussions. Topics for discussion include: the legal and philosophical history of public interest defence; the policing of national security information and personnel; the de-criminalisation of disclosures; secrecy cultures in democracies and the challenge of acknowledging whistleblowing. The activities focus on common themes and issues across the international advocacy community. There will also be opportunities for distinct conversations that explore specific cases and regions. For instance, Spain is one of the few member states in the European Union with no legal protection for individuals making public interest disclosures.

Two outputs will be produced: i) a practical 'How To' Guide on researching histories of national security whistleblowing and state secrecy; ii) Report on how scholarly-advocacy collaboration can facilitate more effective whistleblowing protection efforts across national jurisdictions. The outputs will be informed by workshop discussions and comments from Project Partners and an Advisory Board. They will both be open-access PDF documents, available for download as per a CC-BY license. The key target audience is the international advocacy community, although the outputs will also be of interest to academics, journalists, and policymakers dealing with whistleblowing topics.

The short-term impact opportunities include informing current advocacy work and legal cases in the U.S., UK, and Europe. Long-term impact includes reforming whistleblowing protection legislation in the three locales, with possibilities for further academic-practitioner partnerships that extend activities to other geographic regions and areas. Finally, building on the original research project that offered the first comprehensive analysis of the phenomenon in the United States, impact plans encourage new and comparative histories of national security whistleblowing.

Publications

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Description *n.b. The project officially began in January 2020 but was soon in abeyance due to the covid-19 pandemic. The abeyance request was approved by AHRC. The impact of national lockdowns and travel restrictions meant the project had to be reformatted to ensure that the core objectives were met. The project resumed in autumn 2021 concluded in December 2021.* The project brought together civil society groups, scholars, politicians, intelligence and security personnel, lawyers, the media, and whistleblower support networks to better understand state secrecy and promote the public interest. It worked nationally and internationally to secure maximum impact of research findings, demonstrating how historical methods can inform, assist, and enhance the work of third sector groups and contribute to policy forums. Impact was generated in several forms: creating forums and fostering collaboration; informing approaches and strategies; enhancing public awareness. i) FORUMS AND COLLABORATION A series of bespoke workshops brought together stakeholders that primarily operate on an individual basis. The workshops were organised between November-December 2021 alongside project partners: Whistleblowing International Network (WIN) in the UK, Government Accountability Project (GAP) in the U.S., Protect (formerly Public Concern at Work) in the UK, and the Fundación Internacional Baltasar Garzón (FIBGAR) [Garzón International Foundation for Human Rights and Universal Jurisdiction] in Spain. The meetings - focused on issues relating to the UK, U.S., Europe, and Latin America - discussed different secrecy cultures, the possibilities and limits of disclosures, and protection mechanisms for whistleblowers. It featured a range of speakers including journalists, politicians (members of the House of Lords, former MPs), government officials (ombudsmen), lawyers, freedom of information experts, whistleblowing charities, archivists, former intelligence and security officials, and leading academics from law, history, international relations, business, and economics. Six roundtable discussions - each attended by circa 20 individuals - were organised in response to stakeholder priorities alongside forums for open discussion. Participants noted the utility of such spaces in fostering greater dialogue on whistleblower protection, press freedom, and reforming secrecy laws. Furthermore, it provided a model for future collaboration. ii) APPROACHES & STRATEGIES In connecting charities, advocates, scholars, the press, government officials, and lawyers, common themes were identified across different national and geographic political and judicial systems. It also informed strategies and approaches. In December 2021, Protect requested an urgent meeting with the Home Office about its consultation paper on reform of the Official Secrets Act (OSA). Head of Policy at Protect noted to PI Mistry that the framing of the letter was influenced by project findings, especially the historical evolution of the OSA and the public interest considerations for excessive executive power. Mistry was a consultant on the letter, which was signed by leading journalists, press freedom organizations, and whistleblowing charities. In a November 2021 blog post, Protect highlighted the utility of the workshop format and importance of historical methods for campaigning. GAP included historical perspectives in its training and public talks programme, as well as increasing outreach activities with scholars. Building on workshop discussions, FIBGAR began a project with the Spanish State Archivist and Open Access Archivist (February 2022), to improve archive management and public access to information. Another member of the FIBGAR team has taken up a Policy Advisor position at the FCDO. iii) BUILDING PUBLIC AWARENESS The project has shaped international public understanding of secrecy and transparency. To bring key project findings to the wider public, Mistry and WIN Executive Director, Anna Myers produced a special three-part podcast series, entitled "The Public Interest & National Security Whistleblowing: Looking Back, Thinking Forward." Co-hosted by Mistry and Myers, it features world-leading experts discussing the history of secrecy around the world, holding governments to account in the most sensitive areas of state conduct, and the challenges of protecting national security whistleblowers. Two episodes have been released - Episode 1, "Secrets: A Very British Affair," (20 February 2023), Episode 2, "Secrecy Superpower," (6 March 2023) - and the third one is in the final stages of production. Each episode is accompanied by resources relating to whistleblowing, the public interest, and strengthening civil society organisations. The podcasts are freely available to listen online and are downloadable from all major podcast providers. As of 14 March 2023 (three weeks and one week since release), there have been 120 downloads in over 60 countries, including North America, Europe, Latin America, Asia, and the Middle East. (Data regarding online listens only is not accessible.) The series has been promoted widely on social media (twitter and LinkedIn) on UEA and WIN accounts that have over 75,000 followers, as well as listservs that reach over 400 organisations and individuals. WIN social media accounts (UEA data currently unavailable) noted over 6,100 impressions and 1,100 unique impressions, which include retweets, comments, likes, link clicks, and profile clicks. In summary, the impact generated from project findings continues to manifest. The activities have demonstrated how bridging the gap between advocates, scholars, the press, government officials, and lawyers creates stronger partnerships to better understand secrecy, protect whistleblowing, and enhance the public interest. This fosters collaboration, informs approaches, and builds public awareness. In so doing, it strengthens democracy.
First Year Of Impact 2020
Sector Education,Government, Democracy and Justice,Security and Diplomacy
Impact Types Cultural,Societal,Policy & public services

 
Description Workshop: National Security Whistleblowing and the Public Interest 
Organisation Government Accountability Project US
Country United States 
Sector Private 
PI Contribution PI Mistry worked with project partner on all aspects of the workshop, from conceptualisation, creating the programme, organising speakers, and arranging tech and logistics on the day.
Collaborator Contribution The Government Accountability Project (GAP) worked alongside the PI to organise speakers, create the programme, and make logistical plans. The workshop was hosted by GAP (16 November 2021).
Impact The workshop brought together civil society groups, scholars, politicians, former-intelligence officials, archivists, the media, and whistleblower support networks to better understanding state secrecy. It resulted in closer collaboration between stakeholders that has informed best practise (see narrative impact). The collaboration is multi-disciplinary, relating to groups working in law, history, defence and security, politics, international relations, business, economics, and employment. The workshop also led to an output: the second episode of a special three-part podcast series entitled "The Public Interest & National Security Whistleblowing: Looking Back, Thinking Forward," 6 March 2023 (detailed in engagement).
Start Year 2020
 
Description Disclosures, public interest & the Official Secrets Act 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact Blog post on project findings, highlighted the utility of the workshop format and importance of historical methods for third sector campaigning.
Year(s) Of Engagement Activity 2021
URL https://protect-advice.org.uk/disclosures-and-the-public-interest-the-official-secrets-act/
 
Description Invited talk, Kinder Institute on Constitutional Democracy (MO, USA) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Talk at Kinder Institute on Constitutional Democracy, University of Missouri, entitled "Entrenched Secrecy: The Culture of State Secrets in Modern America." The talk was part of a Distinguished Visiting Fellowship at the Kinder Institute.
Year(s) Of Engagement Activity 2022
URL https://www.youtube.com/watch?v=5R_DnOv2U-0
 
Description Secrets: A Very British Affair 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact The podcast brings project findings to the wider public through an episode that is available to listen online and download from all podcast providers. At the time of writing (three weeks since release), the podcast has been downloaded 90 times (data regarding online listens is not accessible) in over 25 countries, including North America, Latin America, Europe, and Asia, and the Middle East. It has been promoted widely on social media (twitter and LinkedIn) on UEA and WIN accounts that have over 75,000 followers. The WIN accounts (UEA data currently unavailable) noted over 1,600 impressions and 700 unique impressions, which include retweets, comments, likes, link clicks, and profile clicks.
Year(s) Of Engagement Activity 2023
URL https://whistleblowingnowandthen.buzzsprout.com/1101926/12211153-secrets-a-very-british-affair
 
Description USA: Secrecy Superpower 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact The podcast brings project findings to the wider public through an episode that is available to listen online and download from all podcast providers. At the time of writing (one week since release), the podcast has been downloaded 60 times (data regarding online listens is not accessible) in over 17 countries, including North America, Europe, and Asia. It has been promoted widely on social media (twitter and LinkedIn) on UEA and WIN accounts that have over 75,000 followers. The WIN accounts (UEA data currently unavailable) noted over 4,500 impressions and 400 unique impressions, which include retweets, comments, likes, link clicks, and profile clicks.
Year(s) Of Engagement Activity 2023
URL https://whistleblowingnowandthen.buzzsprout.com/1101926/12352903-usa-secrecy-superpower
 
Description Workshop participation, White Rose University Consortium 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Kaeten was invited to a workshop at the University of Sheffield on "Violence and the American Century," organised by the White Rose University Consortium. Alongside reviewing works in progress, the group discussed engagement with schools and education stakeholders. Discussions are ongoing about further collaboration and events.
Year(s) Of Engagement Activity 2022