Q7 · UPSC Civil Services Mains 2018 · GS IV · 20 marks · 4 min read

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Case study. 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 secrets 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 "whistleblowing" by stating that he had a duty "to inform the public as to that which is done in their 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. (250 words).

Topic: Ethics Case Studies. Syllabus: Case Studies on above issues. Same official PYQ from year-wise 2018 and Ethics Case Studies.

Revision summary

Snowden broke secrecy law to expose mass surveillance and claimed a duty to the public. Stakeholders include the surveilled public, agencies, oversight bodies, journalists and persons exposed in a wider dump. Values in clash are privacy, security, democratic consent, oath and the rule of law. A leak is ethically defensible only as last-resort, proportionate, evidence-based disclosure of a grave abuse. The core surveillance warning can meet that test; an unfiltered spill and unaccountable flight weaken it. Legality is not the whole of ethics, and ethics is not a free pardon.

Model answer

Introduction

Snowden exposed secret mass-surveillance programmes and broke United States secrecy law. The case is not a fan debate. It is a clash among privacy, security, democratic consent, loyalty and the rule of law.

Body

Stakeholders

  • The public whose communications were collected, including people who were not suspects.
  • Snowden as employee, contractor and citizen who took an oath of secrecy.
  • Intelligence agencies and the United States government, charged with preventing attacks.
  • Other States and persons named or exposed in the wider document dump.
  • Courts, Congress and oversight bodies that were meant to watch the programmes.
  • Journalists who received and filtered material.
  • Allied governments and their publics, whose data rode on the same pipes.

Ethical issues and competing values

  • Privacy and dignity: secret bulk collection treats a population as a haystack, which sits badly with a free society's idea of the person.
  • National security and non-maleficence: methods, partners and ongoing operations can be harmed if disclosure is crude.
  • Democratic accountability: a programme done "in the people's name" without a meaningful public or even legislative grasp lacks consent.
  • Rule of law: the Espionage Act forbids the leak. Conscience does not, by itself, repeal a statute.
  • Fidelity and oath: a cleared insider is not a freelance philosopher; the job is built on confidentiality.
  • Proportionality and last resort: whistle-blowing ethics asks whether internal inspectors, committees and courts were tried, whether the disclosure was limited to the abuse, and whether the person accepts legal risk rather than a private bargain with a rival State.
  • Integrity of information: dumping more than the abuse, if that occurred, mixes public interest with collateral harm.

Options

  • Option 1: Treat any leak of classified material as ethically forbidden.
  • Merit: protects sources, methods and a professional secret service.
  • Demerit: leaves no moral language for a secret that has become a system of suspicion against the innocent, with captured oversight.
  • Option 2: Treat Snowden as simply a hero and ignore legality and collateral.
  • Merit: names the privacy harm.
  • Demerit: erases oath, allied harm, and the difference between a filtered public-interest leak and a data spill.
  • Option 3: Weigh justification as last-resort, proportionate disclosure to the public through serious journalism, while still facing legal process.
  • Merit: holds both privacy and law in view.
  • Demerit: reasonable people will still disagree on whether his actual path met the test.

Values, action and judgement

  • I do not treat legality as the whole of ethics. Unjust secret programmes can create a moral remainder.
  • I also do not treat every illegal leak as a virtue. Whistle-blowing is justified only when the wrong is grave, evidence is real, internal and legislative paths are blocked or captured, disclosure is minimised to the abuse, and the whistle-blower does not sell the rest to an enemy service.
  • On privacy versus security: security is a public good; bulk suspicion without adequate law and oversight is a different good, closer to domination.
  • On Snowden: the core revelation of bulk collection served a public that could not consent to what it did not know. That part has a strong ethical claim, later echoed in court and legislative argument in several democracies.
  • The claim weakens where the dump risked operations or persons beyond the abuse, and where asylum politics mixed with the moral story.
  • Ethically, a justified whistle-blower still stands trial or a public legal process; flight can be understood as fear, but it is not a full substitute for accountability.
  • Therefore: legally prohibited, partly ethically defensible as a last-resort warning about mass surveillance; not a blank cheque for every classified taking; competing values are not solved by a flag or by a prison slogan alone.

What a similar officer in India should do

  • Use the Whistle Blowers Protection Act, 2014 channels, the competent committee, and, where rights are at stake, courts.
  • Do not dump an unfiltered archive on the internet.
  • If every door is captured, a narrow disclosure to a responsible forum remains the ethical last step, with a file of failed internal attempts.

Flow diagram

flowchart TD
  SEC[Secret bulk surveillance] --> VAL[Privacy versus security]
  VAL --> INT[Internal oversight]
  INT --> FAIL[Captured or blind oversight]
  FAIL --> NARR[Narrow public-interest leak]
  DUMP[Unfiltered dump] --> HARM[Collateral harm]
  LAW[Espionage statute] --> COST[Legal cost remains]

Conclusion

Privacy, security, consent and law all have weight. Snowden's core warning about bulk surveillance can be ethically defended as last-resort speech to a public that had not consented. The same defence does not cover careless spill or a cult of the leaker. Law-breaking remains a cost, not a costume.

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More from this paper

Q1 · UPSC Mains 2018 · GS IV · 10 marks

(a) State the three basic values, universal in nature, in the context of civil services and bring out their importance. (b) Distinguish between "Code of ethics" and "Code of conduct" with suitable examples.

Probity in Governance

The three universal civil-service values are integrity, impartiality and objectivity. Integrity is honest trusteeship; impartiality is equal treatment; objectivity is fact-and-law decisions with recorded reasons. They matter because public money, Article 14 equality and a file that can face a court all depend on them. A code of ethics states values; a code of conduct lists punishable do's and don'ts. Nolan and the Second ARC illustrate ethics; the CCS Conduct Rules, 1964 illustrate conduct.

Q2 · UPSC Mains 2018 · GS IV · 10 marks

(a) What is meant by public interest? What are the principles and procedures to be followed by the civil servants in public interest? (b) "The Right to Information Act is not all about citizens' empowerment alone, it essentially redefines the concept of accountability. Discuss.

Probity in Governance

Public interest is the welfare of the whole community under the Constitution, not popularity or official prestige. Civil servants serve it through legality, impartiality, proportionality, recorded reasons, published criteria and a preference for the weakest. Upward reporting is not enough if the file stays secret. The RTI Act, 2005 empowers citizens to seek information and redefines accountability as an answer owed to the public. Suo motu disclosure, time limits and the Information Commission make that new accountability real, though exemptions and fear still weaken it.

Q3 · UPSC Mains 2018 · GS IV · 10 marks

(a) What is meant by conflict of interest? Illustrate with examples, the difference between the actual and potential conflicts of interest. (b) "In looking for people to hire, you look for three qualities: integrity, intelligence and energy. And if they do not have the first, the other two will kill you." - Warren Buffett What do you understand by this statement in the present-day scenario? Explain.

Ethics in Public Administration

Conflict of interest is a private interest that can twist a public or fiduciary duty. Actual conflict is already operating on this decision; potential conflict is reasonably foreseeable even if today's file looks clean. The cure is disclosure, recusal, divestment and screens, not private hope. Buffett ranks integrity first because intelligence and energy multiply both service and fraud. Present-day scams, surveillance tools and mark-worshipping recruitment make that ranking more, not less, urgent.

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