http://www.insidebayarea.com/argus/oped/ci_4794574A bad precedent for whistleblowers
Article Last Updated:12/07/2006 07:45:06 AM PST
CASES such as Stephen Heller make whistleblowers an endangered species.
The Van Nuys actor and temporary worker recently pleaded guilty to a computer crime, agreed to pay a $10,000 fine, and write an apology to Diebold and its Los Angeles attorneys, Jones Day, for making confidential Diebold legal memos public in 2004.
Heller had copied and released 500 pages of memos and other data indicating that Diebold violated state election laws by peddling in Alameda and other counties software that had not been tested or approved for use in elections. The Argus published some of the documents. Shortly thereafter, state election officials decertified Diebold touch-screen systems statewide.
Though critics of electronic voting consider Heller a brave whistleblower with the public's interest at heart, the Los Angeles District Attorney's Office announced an indictment on charges of unauthorized access to a computer, second-degree burglary and receiving stolen goods. Each charge could have resulted in his being sentenced to four years in prison.
Working as a word processor, he had heard a taped statement by a Jones Day attorney describing ways Diebold could get around state law and its $12 million contract with Alameda County.
Heller then did what many right-minded, concerned citizens would do. He went public with information indicating wrongdoing. Many consider that responsible conduct.
We agree with Cindy Cohn of the Electronic Frontier Foundation that this case was a "miscarriage of justice."
"They should be giving this guy a medal. The secretary of state should be writing him a letter thanking him ... for helping the people of California and showing a light on what Diebold was really about. ..."
Charges should not have been filed against Heller. The district attorney's office could have dropped — or not filed — them. After all, he revealed information that Diebold and its attorneys were trying to deceive the public and its officials. Given its own deceptions, the law firm should have requested that charges be dropped.
The outcome discourages whistleblowers and others from coming forward when they uncover misconduct and illegal public activity. It runs counter to the best interests of the public and state.
But if you're in that position, it may lead to you being charged with felonies and hauled into court if you act as a whistleblower. Before making a decision to break or try to skirt the law, whistleblowers must weigh the consequences and explore legal avenues for going public with such information. Caution — such actions carry legal consequences — talking to a lawyer, law enforcement and the press first may help inform and guide your decision about such a venture. Gathering information and examining all legal avenues and options is prudent when considering such an undertaking.
We respect Heller for his integrity and attempt to do what's right. We hope eventually his conviction is expunged. And, it would be fitting if some like-minded party stepped forward to pay his fine.
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