Ethics Assignment #3（Select one of the laws you examined last week）

For this week’s assignment, the applicable law from last week’s Law and Compliance assignment that comes to mind is the Federal Information Security Management Act of 2002 (FISMA). The purpose of FISMA is to define a comprehensive framework to protect government information, operations and assets against natural or manmade threats. FISMA was signed into law as part of the Electronic Government Act of 2002. FISMA assigns responsibilities to various agencies to ensure the security of data in the federal government.

A situation where it would be morally acceptable to break the law is when that law is breaking a moral law, a law that harms its citizens, unjustly takes something away from its citizens, is inherently unjust, violates an existing law or the U.S. Constitution. The situation I have highlighted is the case of Eric Snowden exposing the fact that the National Security Administration (NSA) has been unlawfully spaying on the citizens of the United States.

The actions of the NSA are in direct violation of the fourth amendment of the U.S. Constitution which states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The NSA is also in violation of the Wiretap Act 18 U.S. Code § 2511 which is a federal law that protects American’s privacy in our communications with other persons. Under the Act, it is illegal to intentionally, or purposefully, intercept, disclose, or use the contents of any wire, oral, or electronic communication through the use of a device.

Eric Snowden was in violations of FISMA, a non-disclosure agreement and the Espionage Act. Why did Snowden knowingly break the law? For money, fame, a victim of blackmail? He considered what he did to be justifiable civil disobedience. He knew what the NSA was doing was wrong on many fronts and that the American people should be protected against state sponsored surveillance. Snowden stated that he wanted to make sure that the NSA adhered to legal and constitutional limits. Snowden’s actions was as he stated, “a moral decision to tell the public about spying that affects all of us.” Especially politicians that were unaware of NSA spying. He wanted the people of the United States to know what their government was doing was wrong and to have it stopped.