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be strengthened and made more accessible.
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Appendix D sets forth
existing mechanisms for whistle-blowing.
The secrecy vs. transparency issue also has serious repercussions
today for the freedom of the press. It is the responsibility of our free press
to expose abuse, over-reaching, waste, undue influence, corruption, and
bad judgment on the part of our elected officials. A robust and fearless
freedom of the press is essential to a flourishing self-governing society. It
will not do for the press to be fearful, intimidated, or cowed by
government officials. If they are, it is “We the People” who will suffer. Part
of the responsibility of our free press is to ferret out and expose
information that government officials would prefer to keep secret when
such secrecy is unwarranted. This point raises fundamental issues about
press shield laws, spying on members of the press and their sources,
investigating members of the press, and attempting to intimidate members
of the press.
At the same time, the potential danger of leaks is more serious than
ever, especially in light of the fact that information can be spread instantly
across the globe. The fact that classified information can now be stolen,
either by insiders or outsiders, in massive quantities, creates
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On October 10, 2012, President Obama issued Presidential Policy Directive/PPD-19, which prohibits
any retaliatory employment action against any government employee with access to classified
information who reports any instance of “waste, fraud, and abuse,” including violations “of any law,
rule, or regulation,” to “a supervisor in the employee’s direct chain of command up to and including the
head of the employing agency, to the Inspector General of the employing agency or Intelligence
Community Element, to the Director of National Intelligence, to the Inspector General of the Intelligence
Community.” Id. Although this is an important step in the right direction, it does not go far enough. First,
it covers only government employees and not government contractors. Second, it requires the would-be
whistle-blower to report to a person in his “direct chain of command,” rather than to an independent
authority. We discuss whistle-blowing in Chaper VI.