Disclose or not discose?

When you download a new computer program or upgrade, you have to first agree to the terms of the contract. By clicking on “I agree.”  you are bound to its terms, though you can bow out by canceling all use of the product. Hidden in that fine print no one reads is a clause that says you agree not to use the program for unlawful purposes, a long list of which is usually spelled out. The point is, if there is illegality involved, the contract is void. In case of a dispute or lawsuit about damages yada yada yada there is usually an agreement to binding arbitration.

Business contracts often use agreements of confidentiality to protect proprietary information, patents and such. The same goes for other contracts, but here’s where it gets sticky. What if you contract with an organization that then, unbeknownst to you, engages in criminal activity? Surely you should elect to bow out to avoid culpability and liability. You could be swept up as a co-conspirator.

But what if that organization that has sworn you to secrecy is a government agency that is involved with criminal activity? Are you bound by your signature to hold to the contractual terms? That’s the dilemma faced by whistle blowers like Ellserg, Manning and Snowden who exposed the illegal activity of government agencies.

Violations of the Geneva Convention, assassinations, torture, and violations of the 4^th Amendment against unlawful search and seizure are crimes the government seeks to conceal behind the Official Secrets Act.  So for speaking out are those men criminals, conscientious citizens, traitors or heroes?