top | item 11472359

Was it wrong to hack and leak the Panama Papers?

36 points| rgarcia | 10 years ago |marginalrevolution.com

69 comments

order

slg|10 years ago

>Yet somehow many of us approve when the victims are wealthy and higher status, as is the case with the Panama Papers. Furthermore most of those individuals probably did nothing illegal, but rather they were trying to minimize their tax burden through (mostly) legal shell corporations.

This is a scary thing that has been building over the last 10 years. Wealthy people are vilified for being wealthy even when they play by the rules. You saw this a lot with Occupy Wall Street and you hear similar rhetoric from Bernie Sanders supporters condemning the "donor class" and being angry at banks for being big regardless of anything else. But these people do exactly the same thing you and I do. I take advantage of the tax system when I deduct education expenses. I lobby the government when I contribute to the EFF. I want the companies I invest in to be as big and as profitable as possible. If I had more money, those things would simply be in higher quantities. That is the only thing most of these people are guilty of, doing the same thing we all do but at a much higher magnitude. We can recognize that magnitude difference is a problem and want to shrink it without resorting to vilifying people who simply play the hand they are dealt.

sliverstorm|10 years ago

IMO there exists behavior I'll call "bad faith tax reduction". You might not be doing anything illegal by the letter of the law, but maybe those education expenses you deducted, went to a business you own (or something like that).

An exploitable tax code is like an exploitable software package. Yes, the software gave you everyone's personal information in the database. But maybe it only did that when you ran a buffer overflow attack to escalate your permissions.

Setting aside exact numbers, I figure a decent razor for whether you're being honest is whether you mind other people learning about what your tax return looks like. I deducted my property tax and my mortgage interest; I will tell you that freely. But if I had twelve offshore shell companies scooting money around through various tax loopholes, even though it's not illegal I probably wouldn't want anyone but the IRS to know...

cloudjacker|10 years ago

The analogy I use is how people go shopping in a neighboring state for lower sales taxes, or buy a house in an inconvenient place for lower property taxes.

Wealthier people are doing the same thing.

People get angry more so because they don't get the privilege to participate in those advantages. While simultaneously taking advantage of what they can.

basch|10 years ago

if you buy a set of rules, and then "play by the rules," I dont think you deserve kudos.

dannysu|10 years ago

I agree with the sentiment of your comment. But I also think some people crossed the line even though legal and playing by the rules.

For example, when law makers do things that would be considered to be a conflict of interest or due to them having insider info on what laws are coming to effect.

Or when people like Marianna Olszewski hiring a stranger to conceal her ownership of offshore accounts.

Somewhere there's a line crossed that isn't just reducing the tax a person has to pay. It went from tax reduction as an incentive to do something to being malicious.

When you deduct education expenses to reduce your tax, it's a reduction meant to encourage you to do something.

forgetsusername|10 years ago

>Wealthy people are vilified for being wealthy even when they play by the rules.

Playing within the rules is irrelevant when you're the one who gets to write the rules.

circlefavshape|10 years ago

Many people here (not me) think the magnitude difference is not a problem, and in fact contend that inequality is a positive

pasquinelli|10 years ago

it really isn't scary. what difference does it make if they "play by the rules"? it isn't a game. the criticism is that the rules are damaging to many and beneficial to few. what's so scary about that? even if you think occupy wall street's and bernie sanders's criticism of the rich is off base, what about it is "really scary"?

sickbeard|10 years ago

Deep down, we all want to be communists. That's what I've learned the last 5 years. Someone is rich and that's not fair. /s

adriand|10 years ago

The difference between sharing information about ordinary people charged with crimes and about the rich and powerful, is that the rich and powerful people are rich and powerful. These are people who exert power over the rest of society and therefore their business dealings - especially shady, quasi-legal or outright illegal business dealings - are in the public interest.

The fact some random person has been charged with a DUI is not comparable with the fact the Icelandic prime minister engaged in questionable business practices and possibly a conflict of interest, especially from the perspective of Iceland's citizens.

kra34|10 years ago

So privacy protection isn't an absolute right, more of a relative / subjective one and the deciding authority on the subject should be the internet at large. Weird to hear that kind of thinking on hacker news...

jessaustin|10 years ago

Slowly but surely, I'm coming to the position that "hacking and leaking" is never "wrong". It's a form of speech, and I'm a free speech absolutist. Let's stipulate that some things are illegal and not "wrong", just as others are legal and "wrong".

It's not clear to me, however, that this case actually is a hack, in the sense that whoever released this material might have had legitimate access to it as a part of doing business. In that case this is certainly an unethical failure to uphold terms of contract. Who's going to enforce that contract, however? Certainly not IRS or any other USA agency.

[EDIT:] In case it's not clear, I don't think that society in general is ethically limited by any "poison tree" doctrine in situations like this. Once this information is public, however it came to be so, we are free to use it as we see fit.

gumby|10 years ago

> Slowly but surely, I'm coming to the position that "hacking and leaking" is never "wrong". It's a form of speech, and I'm a free speech absolutist.

Wow, a "free speech absolutist". How absolute? So if I am a voyeur, poke a camera through your window and put it on the Internet that's OK per my free speech rights? I break into your bank's website and leak all the usernames and passwords -- I can be prosecuted for the break in but not be responsible for the consequences of leaking the login credentials? It's OK for me to publish a front page article claiming you're a convicted rapist, even if that's not true?

slg|10 years ago

>Slowly but surely, I'm coming to the position that "hacking and leaking" is never "wrong". It's a form of speech, and I'm a free speech absolutist.

What about the celebrity iCloud hack? That seems like a cut and dry case of "wrong" and should prevent most of us from using words like "never" and "absolutist". Once that is established, it becomes a question of where that line falls.

dogma1138|10 years ago

So should the police do the same? No need for search warrants anymore...

larrik|10 years ago

Are you suggesting that speech can't be "wrong"?

shitgoose|10 years ago

You don't mind posting a link to your girlfriend nude pics then? In the name and spirit of absolutely free speech. We will be waiting.

goodcanadian|10 years ago

Furthermore most of those individuals probably did nothing illegal, but rather they were trying to minimize their tax burden through (mostly) legal shell corporations.

I've looked into offshore banking and shell companies and the like a bit over the years. I'm not sure why; I guess I just have a fascination with business and finance. My conclusion has long been that, for an individual who intends to comply with the law, there is very little benefit to these structures. Generally, an individual can't legally lower their tax burden through the mechanism of an offshore shell company.

The legal versions of this involve genuine corporations headquartering in a business friendly location. They don't do it secretly, however. It is done in the open, and the corporation's owners (the shareholders) still have to pay their taxes on any dividends or capital gains in whatever jurisdiction they live in. You can argue whether or not Google should be legally allowed to move most of their income to Ireland, but that is a totally different scenario to a single person starting a company in Panama to hold his investments. In the United States, at least, a single shareholder company that does nothing other than hold investments is treated as a pass through for income tax purposes. I.e. you can't avoid taxes simply by keeping the money in the company. Moreover, even if you could avoid the tax on the company profits, you would still have to pay tax when your wanted to take the money out to actually spend it.

circlefavshape|10 years ago

Don't you only become liable to pay the tax when you repatriate the money? So perhaps you can spend it outside the US with impunity?

blainesch|10 years ago

> probably did nothing illegal, but rather they were trying to minimize their tax burden through (mostly) legal

Mostly legal and nothing illegal are contradicting.

ominous|10 years ago

"The internet is used for (mostly) legal purposes"

pbreit|10 years ago

Not when there's as much gray as exists in international tax law.

Karunamon|10 years ago

Our law is not logically consistent - the same action can be legal in some instances yet illegal in others.

jacalata|10 years ago

I like how his comparison implies that of course everyone exposed by the Panama papers is already under criminal investigation.

ttctciyf|10 years ago

An article by Tyler Cowen of the Mercatus Center - "the most important think tank you've never heard of." [1]

If you're interested in the background of this interesting organization, there's some funding information at [2].

It's maybe not that surprising that a board member of an economics outreach effort heavily funded by Koch Industries would argue for the freedom of the very rich to "to minimize their tax burden through (mostly) legal shell corporations," especially considering that the Kochs were exposed doing just this by a previous round of ICIJ published leaks. [3]

But maybe it's worth asking why such a reasonable practice, totally within the law, would be so secret in the first place that it takes leaks like these to make it known.

1: http://web.archive.org/web/20070824203256/http://gazette.gmu...

2: http://www.desmogblog.com/mercatus-center

3: https://www.icij.org/project/luxembourg-leaks/new-leak-revea...

Zikes|10 years ago

That comparison makes no sense to me. There's a world of difference between blowing the whistle and subverting due process.

ianbicking|10 years ago

How many of us would approve of that behavior? Keep in mind the hacker is spreading the information not only to prosecutors but to the entire world, and outside of any process sanctioned by the rule of law.

The Panama Papers didn't get uploaded to the internet, it was distributed to journalists. The person who leaked the information was deferring to the judgement of journalists to publish information in a responsible way. It's entirely possible that there is material in the Panama Papers that is exactly what he describes, but we haven't seen it because it's not being published.

The journalists have come up with some criteria about what's responsible here. It might be not be the right criteria, but it does exist.

darkhorn|10 years ago

The writer assumes that the laws work and asks "Is it ethic leak this illegal activities?". And he says that in this condition, proper way would be the legal ways. No! The laws and legal ways do not work always, in such cases people themselves will be the law and the prosecuters. It is like asking to catch all ISIS members without killing them, that would be the proper law! Not bombarding them! Don't kill ISIS, catch them and prosecute them, oh yeah what lawfull legal world! Would you expect justige from corrupt countries and corrupt procecuters? Revealing these corruptins is proper act and I support these hackers.

awinter-py|10 years ago

These authors are confounding malum in se / malum prohibitum. Common error when the law legislates the boundaries of social / economic class.

Was it wrong for rosa parks to hack the segregated bus system in montgomery?

deong|10 years ago

I think the flaw in the analogy is that we as a society have had the chance to openly debate things like attorney-client privilege. We understand that we have a legal system in which guilty people may enjoy protection, and we understand the reasons for it. At the very least, the fact of the matter is public knowledge. That's not the case for kinds of tax-avoidance and general shadiness being revealed in the Panama Papers.

supercanuck|10 years ago

When is vigilantism morally justified? I'd argue when people need a reminder not to take living in a civilized society for granted.

blueprint|10 years ago

It's quite simple. It's never wrong to reveal facts. It's always right to reveal facts. It's always wrong to hide facts.

deong|10 years ago

I don't believe it is quite that simple.

Suppose you're a gay man living in Yemen. I do not accept any definition of "right" or morality that would compel me to disclose that information.

cmdrfred|10 years ago

If the net effect was good then the action was good.

chopin|10 years ago

The ends justify the means? The road to hell is paved with good intentions.

shitgoose|10 years ago

Crime and Punishment is a thick book, there must be a Reader's Digest version somewhere. Try it.

l34ch|10 years ago

[deleted]

godgod|10 years ago

[deleted]

Kyoushu|10 years ago

arkem|10 years ago

This is one of the least appropriate use of Betteridge's Law of Headlines.

The article starts with 'yes' and waters it down to 'maybe' and a real discussion could be had about whether or not the ends justifies the means, especially when it comes to criminal acts revealing dubious but legal acts.