However, the same situation has reared its head in the former TSA Federal Air Marshal Robert MacLean v. Department of Homeland Security national security whistleblower termination case, which revolves around the TSA's retroactive decision to label a disclosure from MacLean as "Sensitive Security Information," three years after he made his disclosure and four months after terminating him. MacLean argues that his disclosure was protected by the Whistleblower Protection Act; the TSA counters that SSI disclosures are not protected because violations of executive agency regulations are equal to a "violation of law."