The Difference Between Whistleblowers and Leakers is a Thin Line

From the start, journalists have been receiving their information from multiple sources, but who are these sources and are there different names for them? In the era of surveillance, it is important for the public to understand the differences between whistleblowers and leakers and how might they be impacted by the Espionage Act?

In Chelsea Manning’s case, the Department of Justice was given the task of deciding whether or not whether or not the Wikileaks staffers aided a leaker or a whistleblower, a distinction that must be made in order to convict them under the Espionage act. The aiding of a leaker is considered a violation of the law, while helping a whistleblower is seen as a cornerstone in investigative journalism. A whistleblower is someone who informs on an organization that is involved in illicit activity in hopes of stopping it. The definition of a leaker is more complicated than that of a whistleblower, it holds a derogatory stigma whereas whistleblowers are seen as noble. The most important distinction between these words are their different impacts on the lives of journalists.

One of the biggest issues in the government’s case against Manning and WikiLeaks, is whether or not Manning is a whistleblower or a leaker. In 2013, Manning was sentenced to 35 years in prison, with hope of parole in the eighth. She was sentenced under the Espionage Act, meaning the Department of Justice found her to be a leaker. Vice staffer, Joseph Bien-Kahn interviewed attorney Jon Eisenberg, who spoke about the thin line between whistleblower and leaker.

“God, where's the line? I don't know. But I think when it's clear that somebody is walking that thin line with good intent—not to hurt the country, but to help it—I think the benefit of the doubt should be given to the journalist, to the blogger, to whoever”, stated Eisenberg.

In years to come, it will be increasingly important for journalists to be aware of who their sources are and which side of the line they may fall. The journalist behind revealing the secrets the Manning held, was Julian Assange, retreated to the Ecuadorian embassy in London after the leaks to avoid any sentencing under the Espionage Act in the United States and other charges he faced in Sweden. Assange’s contact with Manning is a warning to journalists everywhere, to carefully communicate with sources and be mindful of the information that is being offered.