Business & Commercial

Harassing McGruff: Oh-Oh…Am I Going Crazy?

/ Jack Marshall / 96 Comments

Being an ethicist, especially a blogging ethicist, has its disadvantages. One bad one is that your ethics alarms are tuned to be so sensitive that you see, or think you see, ethics issues in just about everything. Now I think I just may have crossed the line into ethics-hypersensitivity madness, or EHM.

That GEICO commercial above really, really bothers me, and apparently I am the only one.

What is looks like to me, and did from the very first time I saw it, is cruel bullying and office harassment. Despite the stated gag in the ad, this isn’t human beings talking “baby-talk” to a dog. The ad depicts co-workers being deliberately cruel to a colleague because of his appearance, and arguably his race. (McGruff isn’t a dog; he’s a “Goofy,” one of the strange dog-headed animated human mutants most prominently represented by Disney’s slapstick star. Pluto, as made quite clear by the kids in “Stand By Me,” is the dog..)

I find it incredible that GEICO would put out a TV ad that makes a joke about bigotry and workplace harassment now, of all times. How is that funny? Poor McGruff is trying to do his job, and his entire office refuses to take him seriously because he has a dog-face. They humiliate him. They show they don’t respect him. They gang up on him. And GEICO’s announcer just calls it “surprising,” meaning “hilarious.”

I don’t find someone being made to feel like they are being relegated to the role of an office joke as hilarious. We are watching a classic hostile work environment scenario, and GEICO is telling us that it’s funny. Doesn’t that inform children that this kind of peer bullying and denigration is OK, indeed fun? Why doesn’t it? Because McGruff is a ‘toon?” Why isn’t that tantamount to racism? Because of how he looks? If there was a comedy scene in “Who Framed Roger Rabbit?” where Jessica Rabbit was mercilessly ridiculed and hazed because of her body, would that have been all right? Why isn’t the depicted treatment of McGruff the Crime Dog the equivalent of making relentless comments about a co-worker’s unusually large breasts, or weight?

Or am I just seeing an ethics breach that isn’t there? Go ahead, you can tell me. I can take it.

Unethical Quote Of The Month: Microsoft

/ Jack Marshall / 17 Comments

“By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

….

iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).

b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.”

—-From the revised Microsoft Services Agreement.

I do not trust Microsoft to decide what is “offensive language” in my communications, or anyone else’s. Many people, for example, believe that it is offensive that I assert the duty of citizens to allow an elected President to do the job their fellow citizens exercised their rights to select him to do, and that they have an ethical obligation to treat him with the respect the office of the Presidency requires.

We are already seeing indefensible bias on the part of other big tech companies, such as Google, Twitter, Apple and Facebook, as they favor specific ideological and partisan positions and use their platforms to censor and manipulate public discourse. These are private companies and not constrained by the First Amendment or core ethical principles like fairness and respect for autonomy (and, as we all know, definitely not respect for privacy). The problem is that the big tech companies are ideologically monolithic, virtual monopolies, possess the power to constrain free expression and political speech while leaving no equivalent alternative, and are increasingly demonstrating the willingness to use it.

The big tech companies have proven that they are unethical, ruthless, lack integrity, politically-active and willing to abuse their huge and expanding power to advance their own agendas. At the same time, their products and services  have become essential to the daily lives, recreation and occupations of virtually all Americans. This is a dangerous combination.

They must be regulated as the public utilities they are, and the sooner the better.

Morning Ethics Warm-Up, 3/30/18: Classless

/ Jack Marshall / 18 Comments

 

1. Of unethical, and useless, unpaid internships. There is about as a good a summary of what is wrong with unpaid internships at the UConn website as you will find. My only complaint is that the piece, by Henry Zehner, ignores my long-time objection to these positions based on my experiences with various employers who forced me to use out-of-class students in ill-defined roles. (Yes, one of them was the current Secretary of Education.) Zehner mentions that the law requires interns to do substantive work rather than low level office tasks. He doesn’t mention that only the rare intern is able to do tasks “not requiring specialized training.” My experience was that interns usually had negative effects on my time, management and productivity, as I not only had to instruct them, but also often had to re-do whatever work they completed. (Julie and LeeAnn, wherever you are, I don’t mean you.) But as for the young man who was assigned to assemble  my foundation’s annual meeting board books and explained that it took him so long because the “little slips to label the dividers kept falling into the typewriter,” the less said the better.

2. More on the art vs the artist. Last week we discussed the folly of judging art according to the character of the artist, in my post [#3 in a Warm-Up] on the op-ed. “We’ve been too forgiving of unethical artists.”

Here is an example of an artist of disgusting art being found to be disgusting: John Kricfalusi, the creator of the animated “The Ren & Stimpy Show” has been accused by a 37-year old woman of sexually abusing her 20+ years ago, apparently with her consent, but since she was under 18 at the time, such consent is legally meaningless.  So, really, is her late hit, except to gain #MeToo creds. It’s too late to prosecute the cartoonist, and he was remarkably candid about his relationships with teens while he was having them. Kricfalusi had always admitted to his disturbing taste for under-age teenage girls.

Does this old/new information mean that parents should treat “The Ren & Stimpy Show” as taboo, and that channels that feature cartoons should refuse to show it, thus robbing the show’s creator of residuals and income?

No. Kricfalusi’s art has value, if it has value, independent of his own private misconduct. “Lohengrin” is no worse or better because Wagner was a racist and an anti-Semite. The “Alice” books are wonderful, and our culture shouldn’t be robbed of them because Lewis Carroll was creepily obsessed with little girls.

Kricfalusi, for me, is an easy case. I always thought his work was sick and disturbing, and that no parent should allow any child under the age of 13 to watch it. I would feel the same if Kricfalusi was a certified saint. Continue reading →

Morning Ethics Warm-Up, 3/28/18: Ad-block, Rights-block, Deportation-block, and Stupid-block

/ Jack Marshall / 26 Comments

Good Morning!

1 Different rights, same unethical tactics. Debbie Wasserman Schultz (D-Fla.), whose very existence as a power in the Democratic Party is an indictment of the party’s integrity and trustworthiness, proved it again by proposing a bill that would require background checks for ammunition purchases. “You do not have the right to bear bullets,” she  proclaimed Monday at a news conference at the Pembroke Pines Police Department in Florida.

Progressives, honest observers, and the courts have rightly expressed disgust at various cynical efforts to circumvent other Constitutional rights by similar tactics. In Whole Woman’s Health v. Hellerstedt, for example, decided on June 27, 2016, the Supreme Court held in a 5-3 majority that two provisions of a Texas law, one requiring physicians who perform abortions to have admitting privileges at a nearby hospital and another requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center,  places a substantial and unconstitutional obstacle in the path of women seeking an abortion, because they constituted an undue burden on abortion access.

I wrote at the time,

“Life would be so much simpler if our elected officials and activists employed an adaptation of the Golden Rule, and looked objectively at issues from the other side’s point of view. This is especially true in the realm of rights.  Second Amendment absolutists insist that virtually any laws regulating who can purchase guns… have the ultimate goal of  eliminating that right entirely, which, in many instances is the case, especially if you listen carefully to the rhetoric of the legislators proposing such measures. There is little difference from this and what anti-abortion advocates are attempting to do with laws like House Bill 2 (H. B. 2).”

In fact there was no difference at all, and now Wasserman-Schultz is using the same unethical tactic. (Imagine: Debbie Wasserman-Schultz using an unethical tactic!)  The ethical principle is the same in both matters: a right isn’t a right if legal obstacles make it difficult to exercise that right. Any regulation imposed on a constitutional right must not create “a substantial obstacle” and must be reasonably related to “a legitimate state interest.” Wasserman-Schultz’s statement—I know she’s an idiot, but she is also a member of Congress and is supposed to know something—directly contradicts settled and core Constitutional principles. There is indeed a “right to bear bullets,” because without ammunition, the right to bear arms is an illusion.
Continue reading →

Big Data Ethics: The Facebook-Cambridge Analytica Affair

/ Jack Marshall / 8 Comments

This is supposedly the big ethics story of the past ten days. There are ethics elements involved, but the main ethics stories are how the facts are being spun to try to make this yet another example of sinister doings by the Trump campaign, and how incredibly incompetent and naive social media users are.

In 2016, the Trump presidential campaign paid about $6 million to a firm called Cambridge Analytica to put together a voter database with profiles to allow targeted messaging. Global Science Research was hired by the firm, and reportedly paid Facebook to post a personality quiz and an app that 270,000 Facebook users ultimately consented to. The app allowed the firm to harvest personal likes, attitudes and preferences from 50 million Americans through access to the consenting users Facebook friends. Originally we were told that Cambridge Analytica had used all of that data to target voters during the 2016 presidential election, but that claim seems increasingly dubious. The Trump campaign ended its relationship with the firm well before the election.

Facebook claims it was lied to, and has now banned the firm, which could be fairly classified as misdirection. Facebook, as it has done before on its own, permitted its platform to be used to gather psychological profiles on its users without full disclosure regarding what the data would be used for.  Now Facebook stock is plunging in the U.S., Facebook advertisers are leaving, some users are leaving too, and Congress wants hearings.

What’s going on here?

  • If, in fact, Facebook was deceived into allowing the quiz, that was unethical. Gathering data through such means is not illegal, however, and the ethics of Big Data gathering and analytics are murky at best. The legal profession, for example, has no clear regulation of it or guidance from bar associations.

Facebook did not inform users whose data had been harvested, and that could violate laws in Britain and some  states.

  • The tenor of much of the news reporting and punditry, however, has been  pure fear-mongering and hyperbole. That Cambridge Analytica was evil is presumed, I gather, from the fact that Steve Bannon was one of the founders. The New York Times in various articles described the data gathering as an invasion of “private information,” which is an inflammatory and misleading description, and described “misuse” of the information, as if such use isn’t routine in 21st Century commercial marketing. Here’s the Times, for example,

“The researcher hired by Cambridge Analytica, Alexandr Kogan, told Facebook and his app’s users that he was collecting information for academic purposes, not for a political data firm owned by a wealthy conservative. Facebook did nothing to verify how the information was being used.”

Ah…if it’s for a firm owned by a wealthy conservative, that makes the data gathering sinister, I guess.

  • It is unethical not to let people know why their preferences are being requested, and how they might be used, except that a strong argument could be raised that anyone who didn’t know they were creating a Big Data-base for Facebook is too naive to be allowed on the web without a leash.  Facebook isn’t free: providing data is one of the ways users pay for it. There has certainly been plenty of publicity about this, and it’s not just Facebook. Google, Amazon, Twitter: this is what these companies do.

If it were possible to feel sorry for Mark Zuckerberg (it isn’t) one could conclude that the massive backlash he is receiving is contrived and unfair.

  • The episode is also being called a “breach,” as if there was hacking, or information was stolen.

There was no “breach.” Continue reading →

Morning Ethics Warm-Up, 3/24/18: Ethics Musings While Not Marching [UPDATED]

/ Jack Marshall / 34 Comments

A Good Saturday Morning To All!

[If you had a speech impediment and lisped your “s’s”, would you choose this song as your only solo among the repertoire of your singing group? Why didn’t Karen tell her bother? This has mystified me for decades…]

1  It’s irrational and pointless fury day in D.C. Today hundreds of thousands of intellectually dishonest, ignorant or purely emotional citizens will be doing the equivalent of screaming at the sky to call for “something” to be done about gun violence., because “think of the children.” Yes, I think that’s a fair characterization.

Given the chance to suggest actual measures that would stop the equivalent of the Parkland shooting, one of my usually rational but currently virtue-signalling-to beat-the-band friends really made this pathetic argument in response to a Facebook post that was a shorter, gentler version of what I just posted on Ethics Alarms: ‘Where is your empathy? Would you feel this way if your son had been killed in the Parkland shooting?”

Can you believe that? “How would you feel if you were so emotionally ruined, angry and despairing that you couldn’t think straight?” Why, I believe that I would be so emotionally ruined, angry and despairing that I couldn’t think straight—and thus useless to any serious and objective public policy discussion. As I told my friend, when “Why can’t you be irrationally and emotionally biased like the rest of us?” is your reflex rebuttal, you’ve got nothin.

2. Related: YouTube is banning gun instructional videos. This a part of a growing trend in the online platform world to attempt to constrict information and discourse according to ideology and partisan preferences. There is no more justification for banning how-to videos about guns than there is for banning how-to videos for chain-saws. The social media companies are going to have to be regulated as common carriers, or the right of free speech and access to information will be slowly strangled by these left-wing, high-tech, useful idiots.

3. From the ” Tragic Misunderstandings of the Cognitive Dissonance Scale” files. Lindsay Lohan is the new spokesperson for Lawyer.com. What, O.J. wasn’t available? Continue reading →

Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma

/ Jack Marshall / 54 Comments

Good Morning!

1 . From the “Oh, Come on!” files. As I have mentioned here several times, Georgetown Law professor Professor Paul Butler decided to ambush me with a cheap shot on NPR last year, interjecting “Oh come on!” as I was explaining how a celebrity or prominent man’s inappropriate sexual advances could be initially welcome to a female subordinate, and then later, after, say, the same celebrity is regarded as toxic by that woman’s peer group, what were originally “welcome” (or not unwelcome) attentions could become retroactively unwelcome, prompting an accusation of sexual harassment. I was 100% correct. Last month, in an email exchange on ten topic with the NPR host, I was told that both she and the professor thought I was making excuses for Donald Trump.

Thus does Trump hate and bias make intelligent discourse increasingly difficult. If I had used Al Franken as my example instead of the President, I presume my commentary would not have been kneecapped. But I digress…

In jaw-dropping revelations in a new book coming out in May, actress Pam Dawber and others describe how co-star Robin Williams often treated her and other actresses on the set of “Mork and Mindy.” The book discusses Williams’ “improvisations”…

[M]any of these additions were sexual and directed at the women in the cast, such as when he goosed the actress who played Mindy’s grandmother with a cane.

[Director Howard] Storm said: ‘I’m standing there watching this and I’m thinking, “oh my god” and I just laughed. I thought she was going to turn and say: “How dare you stick a cane in a woman’s ass?” That sweet old lady.’There was nothing lascivious about it, in his mind. It was just Robin being Robin, and he thought it would be funny. He could get away with murder.’

Other times Williams would grab Dawber’s bottom or her breasts simply because he was ‘bored.’ 

‘He’d be doing a paragraph and in the middle of it he would just turn and grab her ass. Or grab a breast. And we’d start again. I’d say, “Robin, there’s nothing in the script that says you grab Pam’s ass.” And he’d say: “Oh, ok,”‘ Storm added.  

Garry Marshall, the producer of the show, said: ‘He would take all his clothes off, he would be standing there totally naked and she was trying to act. His aim in life was to make Pam Dawber blush.’

But Dawber remained unfazed, she admits: ‘I had the grossest things done to me – by him. And I never took offense. I mean I was flashed, humped, bumped, grabbed. I think he probably did it to a lot of people…but it was so much fun.

‘Somehow he had that magic. If you put it on paper you would be appalled. But somehow he had this guileless little thing that he would do – those sparkly eyes. He’d look at you, really playful, like a puppy, all of a sudden. And then he’d grab your tits and then run away. And somehow he could get away with it. It was the Seventies, after all’.

Wait: if it was the 70’s, does that mean that in the parallel universe where Robin Williams has conquered his demons and is running for the U.S. Senate as a Republican (those parallel universes are funky, let me tell you), Dawber couldn’t come out and destroy his candidacy by describing his outrageous behavior? Does it mean everyone would say that she was being unfair, and that she wouldn’t be lionized as another #MeToo hero?

Continue reading →

Self-Driving Cars And The Hindenburg Phenomenon

/ Jack Marshall / 49 Comments

In Tempe, Arizona, a homeless woman was pushing a bicycle carrying plastic shopping bags and walked from a center median into a lane of traffic. She was immediately  struck by a self-driving Uber car operating in autonomous mode.

The car was traveling 38 mph in a 35 mph zone, and never braked. Police say the tragedy wasn’t the car’s fault, but it doesn’t matter. Uber has suspended use of the self-driving cars, and history tells us that the devices may be on a road to oblivion due to an unavoidable collapse of public trust.

I’ve been expecting this. To be precise, I’ve been expecting the first fatality inside a self-driving car, and that will happen soon enough. When it does, I think it is a close call whether self-driving cars ever recover, especially if the fatal accident is especially gory, or involves children.

All it took, remember, to end airship travel forever was one spectacular accident, when the Hindenburg burst into flames and was captured in photographs and newsreels. Before that, airships had a good safety record. Another vivid example was the 1933 Dymaxion, a streamlined car on three wheels created by visionary Buckminster Fuller. All three wheels turned, giving  the Dymaxion the ability to pull into parking spaces in one move. But the design was unstable. Three were built, hailed by investors, the media and celebrities as a break-through, and then one crashed, killing the driver. And that was the end of the Dymaxion. It sure was cool, though… Continue reading →

Morning Ethics Warm-Up, 3/19/18: Unethical Wedding Gifts, The Fairness Conundrum, What Really Makes Students Unsafe, And More

/ Jack Marshall / 79 Comments

Good Morning!

1 A Not Exactly Hypothetical… A family member is getting married, and the social justice warrior spouse has decreed that no gifts should be sent, just contributions in the happy couples’ name to designated charities and causes, all political, partisan, and ideological. Does this obligate guests to give money to causes and organizations they object to or disagree with? One might be tempted to teach a life-lesson in abuse of power, and pointedly give a contribution to, say, The Family Research Counsel, the NRA, or Paul Ryan’s re-election campaign, but that would be wrong. Wouldn’t it?

2. “Progressive fines” poll update. The percentage of readers who regard so-called “progressive fines” as fairer than fining all law violators the same amount regardless of resources is about 6%, in contracts to 40% who think this is less fair. As I suspected, the schism is driven by the long-standing (and resolvable) arguments over what constitutes “fair” government policies, and whether it is the government’s job to try to make life less unfair. Is it “fair” to treat everyone the same, when we know that life doesn’t treat everyone the same? Are those who argue that life’s unfairness should be addressed by individuals, not society, taking that position because they are winners in life’s chaotic lottery? Can society and governments be trusted to address “unfairness” and inequality without being influenced by the conflicts and biases of the human beings making and carrying out laws and policies. I don’t generally care to spend a lot of Ethics Alarms time or space on abstract ethics questions, but some of them can’t be avoided. You can take the poll, if you haven’t already, here.

3. On the topic of fairness, here is a study that will make you bang your head against the wall: Following on the heels of this discouraging study I posted about on March 3 is this report by researchers at Stanford, Harvard and the Census Bureau, as described here by the New York Times. A taste sufficient to ruin your day: Continue reading →

Comment Of The Day (1): “A Cruel And Stupid Flight Attendant, A Dead Puppy, And A Plane Full Of Sheep”

/ Jack Marshall / 3 Comments

Choosing the best among so many excellent comments on this topics was nigh impossible. I chose two in the end, beginning with Michael West’s systemic analysis that also opens several ethics issues that could justify separate posts on their own. The second COTD, coming up forthwith, addresses a completely different aspect of the story.

Here is Michael West’s Comment of the Day on the post, A Cruel And Stupid Flight Attendant, A Dead Puppy, And A Plane Full Of Sheep”

1) Airlines have clearly delineated standards for carry-on sizes. Enforcement of these sizes has been perennially neglected to where passengers routinely carry noticeably larger than permitted carry-on bags. This is marginal rule breaking.

2) No doubt this puppy was in such a carry-on that would never have been permitted if rules were enforced…NOR EVER EVEN ATTEMPTED if the owners knew that rules were enforced. But the larger culture has acquiesced to the flouting of a “no big deal” rule. Continue reading →