"Whistleblowers should not have to guess whether information that they reasonably believe evidences waste, fraud, abuse, illegalities or public dangers might be later designated as SSI [sensitive security information] and therefore should not be disclosed," Special Counsel Carolyn Lerner wrote in an amicus curiae brief to MSPB supporting former air marshal Robert MacLean. "Rather than making the wrong guess, a would-be whistleblower will likely choose to remain silent to avoid risking the individual's employment."