3 ms·

From where do you get the notion that something illegal needs to take place for someone to qualify as "whistleblower"? First time I encounter this idea.

by 3np 5y ago

bink 5y ago
I think there's a legal definition of a whistleblower that would protect them from civil litigation. That usually involves criminal conduct on the part of the company.
robbrown451 5y ago
Honestly, I got it from the at-the-time topmost comment on this discussion, which said she's not a whistleblower because FB didn't do anything illegal. https://news.ycombinator.com/item?id=28742045 https://news.ycombinator.com/item?id=28742045 (I also replied to that comment directly) I did look it up though, and the dictionary seems to suggest it needs to be illegal or against rules or something, as opposed to simply being harmful.
theevilsharpie 5y ago
(Disclaimer: IANAL) A "whistleblower" in the USA is a legal term of art used to describe someone who reports wrong-doing to the government. The conduct being disclosed doesn't necessarily have to be explicitly illegal, but in order to be considered a whistleblower under the law, the information has to be disclosed to the appropriate government agency (i.e., reporting wrong-doing to a private organization or going public in the media wouldn't legally be considered protected whistleblowing). More info here: https://en.wikipedia.org/wiki/Whistleblower_protection_in_the_United_States https://en.wikipedia.org/wiki/Whistleblower_protection_in_th... The OP's article says that Frances Haugen reported Facebook's actions to the SEC, so that may make her a whistleblower legally, but it's not clear if the SEC is the appropriate agency to handle social media regulation. That seems more like something the FTC or the FCC would be responsible for.
- 3np 5y ago
  Ah. IMO "whistleblower", much like e.g. "refugee", is an attribute you can have regardless of if your status as such is protected by local law. You can be a whistleblower even if US or state regulation doesn't explicitly classify you as one.
  - fidesomnes 5y ago
    you should really stop forming a priori opinions about legal concepts you have no experience with.

From where do you get the notion that something illegal needs to take place for someone to qualify as "whistleblower"? First time I encounter this idea.

by 3np 5y ago

From where do you get the notion that something illegal needs to take place for someone to qualify as "whistleblower"? First time I encounter this idea.

bink 5y ago

I think there's a legal definition of a whistleblower that would protect them from civil litigation. That usually involves criminal conduct on the part of the company.

robbrown451 5y ago

Honestly, I got it from the at-the-time topmost comment on this discussion, which said she's not a whistleblower because FB didn't do anything illegal. https://news.ycombinator.com/item?id=28742045 https://news.ycombinator.com/item?id=28742045 (I also replied to that comment directly) I did look it up though, and the dictionary seems to suggest it needs to be illegal or against rules or something, as opposed to simply being harmful.

theevilsharpie 5y ago

(Disclaimer: IANAL) A "whistleblower" in the USA is a legal term of art used to describe someone who reports wrong-doing to the government. The conduct being disclosed doesn't necessarily have to be explicitly illegal, but in order to be considered a whistleblower under the law, the information has to be disclosed to the appropriate government agency (i.e., reporting wrong-doing to a private organization or going public in the media wouldn't legally be considered protected whistleblowing). More info here: https://en.wikipedia.org/wiki/Whistleblower_protection_in_the_United_States https://en.wikipedia.org/wiki/Whistleblower_protection_in_th... The OP's article says that Frances Haugen reported Facebook's actions to the SEC, so that may make her a whistleblower legally, but it's not clear if the SEC is the appropriate agency to handle social media regulation. That seems more like something the FTC or the FCC would be responsible for.

3np 5y ago
Ah. IMO "whistleblower", much like e.g. "refugee", is an attribute you can have regardless of if your status as such is protected by local law. You can be a whistleblower even if US or state regulation doesn't explicitly classify you as one.
- fidesomnes 5y ago
  you should really stop forming a priori opinions about legal concepts you have no experience with.