Ethics Alarms Award Nominee

Senator Feinstein’s Chinese Mole

/ Jack Marshall / 14 Comments

In hindsight, Senator, that flag he kept putting on your limo should have tipped you off.

This month we learned that Senator Dianne Feinstein (D-Calif.) had a Chinese spy on her staff for about 20 years, including while she headed the Senate Intelligence Committee . (Wait…did you learn that? See the poll below…) The mole was listed as an “office director” on payroll records and served as her driver when she was in San Francisco. Meanwhile, he reported to China’s Ministry of State Security through China’s San Francisco Consulate.

Confronted with this embarrassing information, Feinstein virtually pronounced it a “nothingburger.” (Current definition of “nothingburger”: any scandal involving the Obama administration or a prominent Democrat office-holder that would be headlines for weeks if the officials involved were Republicans.)  “Five years ago the FBI informed me it had concerns that an administrative member of my California staff was potentially being sought out by the Chinese government to provide information,” Feinstein said in a statement. “He never had access to classified or sensitive information or legislative matters.”

It’s not that simple, and if Feinstein really thinks that, then she was an extremely incompetent chair of the Intelligence Committee. In a Washington Post opinion column—the paper barely mentioned the story in its news pages–Mark Thiessen revealed what he was told by several former senior intelligence and law enforcement officials. The consensus: this was a significant breach:

A former top CIA clandestine officer explained to me what the agency would do if it had recruited the driver of a senior official such as Feinstein. “We would have the driver record on his phone all conversations that Feinstein would have with passengers and phone calls in her car. If she left her phone, iPad or laptop in the car while she went to meetings, social events, dinners, etc., we would have the driver download all her devices. If the driver drove for her for 20 years, he would probably would have had access to her office and homes. We would have had the source put down an audio device in her office or homes if the opportunity presented itself. Depending on the take from all of what the source reported, we would use the info to target others that were close to her and exhibited some type of vulnerability.”

“In short,” this officer said, “we would have had a field day.”

Continue reading →

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 18 Comments

The sky’s the limit!

High school  wrestler and football player Logan Michael Osborn, then 18, met a 14-year-old girl at a high school play in April 2017. After the curtain fell, they went for a walk down a secluded path, where Osborn overcame the young woman, tied a belt around her neck and hands, and performed a sex act. Osborn’s defense attorneys argued that it all was consensual, but consensual or not, she was still only 14, making this statutory rape.

In September 2017, Osborn pleaded guilty to sexual assault, saying that his conduct was the result of  “poor judgement.”  The judge sentenced Osborn to 10 years in prison with eight years suspended on his conviction of having carnal knowledge of the girl without use of force, a felony. Osborn also had to register as a sex offender. In January, however,  Chesterfield (Virginia) Circuit Judge T.J. Hauler stayed the  two-year term, saying he wanted to review the case further,and this week, he revealed the result of his review. The entire 10-year sentence is now stayed, meaning that Osborn will receive no prison time at all.

At last week’s hearing, Judge Hauler asked to hear “some positive things” about Osborn so James Trent, a foreman at an electrical company where he now works, commended Osborn’s work ethic and performance, saying that “sky’s the limit” for his future. The negative things? Well, he does appear to be a habitual sexual predator, if that counts. He has been accused of engaging in inappropriate sexual conduct with girls seven previous times, including when he was 12. In that case, Osborn was charged with grabbing the genitals of another student. (The case was dismissed.) Continue reading →

Morning Ethics Warm-Up, 8/7/2018: Back in the USSR

/ Jack Marshall / 18 Comments

Good Morning!

1. Self-Promotion Dept. I’m heading off to New Jersey today, to present one of my musical legal ethics seminars—3 hours!—for the New Jersey Bar Association. The real star is my long-time partner in these shows, New York-based singer/musician Mike Messer, who channels Freddie Mercury, Bob Dylan (with harmonica!), Paul Simon, even Johnny Cash in the various song parodies.  This one is called Ethics Rock Extreme, and ends, like all of my musical seminars, with a sing-along. Yes, we get lawyers to sing the chorus of the “Piano Man Parody”…

Sing us the Rules, you’re the ethics man
Sing us the Rules tonight!
We’re stuck in an ethics dilemma here
So tell us what’s wrong and what’s right!

(No, “Back in the USSR” is not one of the songs we do.)

2. First Amendment for me, but not for thee: In an embarrassing episode that is also telling, the Newseum has capitulated to a storm of protests from journalists and will no longer sell its popular “Fake News” mercahndise…like this shirt…

online or in its gift shop. “We made a mistake and we apologize. A free press is an essential part of our democracy and journalists are not the enemy of the people,” the Newseum announced Saturday in a groveling blog post. “Questions have also been raised regarding other merchandise. As an organization that celebrates the rights of people from all political spectrums to express themselves freely, we’ve historically made all types of political merchandise available for our guests to purchase. That has included former and current presidential slogans and imagery and merchandise from all political parties. We continue to do so in celebration of freedom of speech.”

Translation: “In celebration of free speech, we will acquiesce in the censoring of a particular expression of opinion on a humorous T-shirt, because it hurts journalists’ feelings.”

Again, I ask: why does anyone trust journalists and the organizations they represent? Continue reading →

Unethical Quote Of The Month: Apple, Or “Stop Making Me Defend Alex Jones!”

/ Jack Marshall / 22 Comments

“Apple does not tolerate hate speech, and we have clear guidelines that creators and developers must follow to ensure we provide a safe environment for all of our users. Podcasts that violate these guidelines are removed from our directory making them no longer searchable or available for download or streaming. We believe in representing a wide range of views, so long as people are respectful to those with differing opinions.”

—-A spokesperson for Apple last week, following confirmation that it had removed five out of six podcasts by far-right conspiracy theorist Alex Jones,  including “The Alex Jones Show” and some of his InfoWars audio streams. 

This is a terrifying statement…almost as terrifying as the fact that so many Americans won’t understand why it’s terrifying. Unless one does not understand the First Amendment and why its principles are the beating heart of American democracy, or unless you are an increasingly typical 21st Century progressive, who feels that the Left should have the power to decide what kind of speech is tolerable, Apple is telling us that it is going to use its immense power and influence over the distribution of ideas to suit its preferences regarding what people should see, hear, and think. Continue reading →

Sunday Ethics Reflections, 8/5/2018: Abdication, Arrogance, Airbrushing

/ Jack Marshall / 43 Comments

1. If you want to seed a civil war, this is how you do it…Why is this incredible story just an item on the daily ethics potpourri? For one thing, I don’t see why much commentary is necessary, or should be. I don’t typically  write about robberies or murders, or other outright unethical acts that all but the worst sociopaths can recognize in a trice as unethical.  I feel the same way about this, from the Wall Street Journal:

A mob surrounded ICE’s office in Southwest Portland June 19. They barricaded the exits and blocked the driveway. They sent “guards” to patrol the doors, trapping workers inside. At night they laid on the street, stopping traffic at a critical junction near a hospital. Police stayed away. “At this time I am denying your request for additional resources,” the Portland Police Bureau’s deputy chief, Robert Day, wrote to federal officers pleading for help. Hours later, the remaining ICE workers were finally evacuated by a small federal police team. The facility shut down for more than a week. Signs called ICE employees “Nazis” and “white supremacists.” Others accused them of running a “concentration camp,” and demanded open borders and prosecution of ICE agents. Along a wall, vandals wrote the names of ICE staff, encouraging others to publish their private information online.

Federal workers were defenseless. An ICE officer, who asked that his name not be published, told me one of his colleagues was trailed in a car and confronted when he went to pick up his daughter from summer camp. Later people showed up at his house. Another had his name and photo plastered on flyers outside his home accusing him of being part of the “Gestapo.”

Where were the police? Ordered away by Democratic Mayor Ted Wheeler, who doubles as police commissioner. “I do not want the @PortlandPolice to be engaged or sucked into a conflict, particularly from a federal agency that I believe is on the wrong track,” he tweeted. “If [ICE is] looking for a bailout from this mayor, they are looking in the wrong place.”

The phrase, “particularly from a federal agency that I believe is on the wrong track” mandates impeachment on its face. It is not the mayor’s proper role to decide who deserves the protection of the city against lawbreakers. “There is no place for personal, political bias when it comes to providing public safety services to our communities,” Portland Police Association president Daryl Turner said in a statement on Facebook. “In that respect, our Mayor, who is also our Police Commissioner, has failed miserably.”

Also:

  • How many readers of Ethics Alarms saw broadcast news accounts of this incident and the Portland mayor’s conduct? It is the tendency to set out to bury and hide the worst examples of progressive and resistance excess that is the smokiest of smoking guns showing the degree to which journalists are actively attempting to indoctrinate and mislead rather than inform.
  • Do the citizens of Portland really condone this?

Continue reading →

The Signature Significance Of The Left’s Endorsement Of Sarah Jeong (Part I)

/ Jack Marshall / 14 Comments

Hi, White America! I want you dead! And now, the technology news…

Are you already sick of the controversy over the New York Times hiring Sarah Jeong? Don’t be. The mainstream media and the now officially-derailed progressive establishment want you to move on, as in Move-On.Org’s definition, meaning …

… but there is a lot to see, and it is important to see it clearly.

Are these…

…racist tweets? Of course they are. Denying that they are is Orwellian, but progressives have been tending to 1984 for quite a while now, and denying it all the while. Would any journalist tweeting the equivalent sentiments about any other race have a career left in anything but wreckage? No. Rosanne Barr, a comic, not a journalist, was fired, branded a pariah and non-person, and had her hit ABC show cancelled for a single racist tweet about one woman. These are but a sample of many tweets from Jeong about an entire race (and often an entire gender). Not only is her career not in tatters, it is advancing.

What this means is that the Left, including the mainstream news media that is represented by the New York Times, the traditional exemplar, the role model, the standard-setter, now unapologetically and openly endorses an unethical, dangerous and divisive double standard. Non-whites can engage in hateful, racist speech against whites, and women can use sexist, misandrous rhetoric against men, and that’s not only acceptable, but deserved. Continue reading →

Ethics Dunce: WeWork

/ Jack Marshall / 29 Comments

I wonder: how many of the sensitive progressives doubtlessly applauding the fear-monger about President Trump being an “authoritarian” see the obvious hypocrisy on working for a comany like the shared workspace company WeWork, that uses its power of its employees to force them to accept the company’s social values in their personal choices?

On July 13,  WeWork announced that it is banning red meat, pork, or poultry at company events like its “Summer Camp” retreat and internal kiosks, called “Honesty Markets.” (Yecchh. Do you dislike this preening company already like I do?) It also announced that WeWork’s 6,000 global employees won’t be reimbursed if they eat meat at their business meals, except for fish. Eating fish is OK, because…well, just because. The owners didn’t like “Finding Nemo,” or something. You know, fish have mothers too.

The company boasts that these policies  will save 445 million pounds of carbon dioxide emissions, more than 16 billion gallons of water, and the lives of 15,507,103 animals by 2023. 15,507,103. Wow—those are some precise statistics. Of course, the policy makes no sense. Why are eggs acceptable to WeWork, when egg-raising causes as much theoretical environmental damage as raising chickens to eat? Oddly, WeWork doesn’t impose strict environmental controls on the buildings it uses for offices and work space.

Could it be that this is just blatant, shameless, cynical virtue-signaling? Of course it is. Continue reading →

Saturday Morning Ethics Warm-Up, 8/4/18: Baseball And Bisons And Jerks, Oh My!

/ Jack Marshall / 29 Comments

Good Morning, Fenway!

Going to make sure the Sox beat the Yankees again today?

1. Nice. The Democratic National Committee declined to play the Republican National Committee in their annual softball game this year.

You know, I now actively search for examples of Republicans behaving like divisive, snotty assholes, because I’m really sick of being accused of favoring that hollowed out, irresponsible. principle-free party. But when it comes to demonizing the opposition and bottom-of-the-barrel civility, the Democrats always seem to lap the field. Of course, this latest insult is pure virtue-signaling to the “resistance” base. Where a responsible party would be trying to lead its members and followers in the direction of comity and respectful disagreement, the DNC is taking a stand in favor of ideological apartheid.

2. This is great: I get to criticize the New York Yankees! Do say a little prayer, or something, for poor Chance Adams, the New York Yankee farmhand summoned to pitch today’s game against the Boston Red Sox with the Yankee season on the line.

The Yankees have the second best record in baseball, but also have the misfortune to play in the same division as the team with the best record, the Boston Red Sox. If the Yanks finish second, their play-off, and thus World Series chances, will rest on a single game between them and the other  American League Wild Card team, who will almost certianly have a better starting pitcher on the mound. New York has lost the first two games of a four game series in Boston, dropping them from 5 and a half games behind the Sox (not too bad, with 50 games to go) to 7 and a half games ( scary, when chasing a team with a current winning percentage of just under .700). If the team falls 8 and a half games behind, especially with its best player injured, gargantuan slugger Aaron Judge, that one game crap shoot will become the most likely scenario.

Thanks to some bad luck and some miserable management of the pitching staff, the assignment of navigating the Good Ship Yankee away from the shoals of ignominious defeat has been shifted to the shoulders of Adams, who 1) has never pitched in a major league game before, 2) will be facing the top offense in baseball, 3) in front of the famously rabid Fenway Park faithful, and 4) isn’t all that good. This is profoundly unfair. It almost seems as if Yankee management wants to use the rookie as an excuse for failure.

Meanwhile, he will become an infamous answer to a trivia question, like ill-fated Booby Sprowl, a Boston rookie pitcher who was thrust into a similar crisis by Boston manager Don Zimmer when the position of the two teams was reversed in 1978. Like Zimmer, Yankee manager Aaron Boone had other options that didn’t involve over-burdening a green young athlete of uncertain skills. For example, he could resort to a “bullpen game,” like the Tampa Bay Rays have been doing, with surprising success, all season. After all, the Yankees have the best and deepest bullpen in the universe.

Of course, baseball being baseball, anything can happen. Maybe Chance Adams will shock the baseball word with a pitching gem, and become a Yankee legend. Stranger things have happened. That, however, will be pure moral luck, and will not change the fact that Adams should not be put in this position.

Now what I really want to know is whether Chance was named after John Wayne’s character in one of my favorite Westerns. “Rio Bravo”… Continue reading →

Afternoon Ethics Jolt, 8/3/2018: A Lawyer Finds A New Way To Be Unethical, Verizon Makes Our Kids Obnoxious And Ignorant, And The Times Decides To Show Its Colors…

/ Jack Marshall / 22 Comments

 

Good…afternoon.

Yes, I couldn’t get this up before noon again. Mornings have been crazy lately. And no, I’m not at the beach…I just WISH I was at the beach.

1. A legal ethics “Kaboom!“ From the New York Times account of the litigation surrounding New York Yankee great Thurmon Munson’s death when his private plane crashed in 1979:

James Wiles, one of FlightSafety International’s lawyers at the time, still contends there was no culpability in Munson’s death on the part of either company. But a trial, he said, was just too risky…. Wiles, who was present for all the depositions…said that when Yogi Berra testified, he put a box of 24 baseballs in front of him and requested he sign them. Berra, who was a Yankees coach when Munson died, grudgingly obliged, but at one point asked if Wiles was authorized to make such a demand.

“It’s my deposition,” Wiles said he told Berra.

My head exploded after reading that. There is no rule I can find that declares such a blatant professional abuse unethical, unless it is the deceitful “It’s my deposition” response, which is literally true but falsely implies that the lawyer has the power to force a witness in a deposition to do something completely unrelated to the case for the lawyer’s personal benefit. Rule or no rule, this was incredibly unethical, and a perfect example of how lawyers will come up with ways to be unethical that they can’t be sanctioned for.

2. More on the New York Times’ new editor: Yesterday, I covered the astounding—but maybe not so astounding—appointment of far-left journalist Sarah Jeong as its technology editor despite a huge archive of explicitly racist and sexist tweets. The Times’ defiant explanation, a rationalization, really, stated:

“We hired Sarah Jeong because of the exceptional work she has done … her journalism and the fact that she is a young Asian woman have made her a subject of frequent online harassment. For a period of time she responded to that harassment by imitating the rhetoric of her harassers. She regrets it, and The Times does not condone it.”

Jeong’s statement was simply dishonest:

“I engaged in what I thought of at the time as counter-trolling. While it was intended as satire, I deeply regret that I mimicked the language of my harassers. These comments were not aimed at a general audience, because general audiences do not engage in harassment campaigns. I can understand how hurtful these posts are out of context, and would not do it again.”

The issue is not whether she will “do it again”—presumably even the Times wouldn’t stand for that, but whether her many racist outbursts online do not raise the rebuttable presumption that she is, in fact, a racist. Nothing in her statement tells us that she doesn’t believe such things as “white men are fucking bullshit,” only that she didn’t aim these comments at the general public.

I find it hard to believe that the even Times is so stupid and arrogant that it will dig in its metaphorical heels and refuse to admit its gross mistake. As Glenn Reynolds writes today, Continue reading →

Comment Of The Day: “Look! Computer Professionals Have An Ethics Code!”

/ Jack Marshall / 4 Comments

There were eight comments on the July 18 post about the Association for Computing Machinery (ACM) ethics code, and four of them were Comment Of The Day-worthy. In addition to the chosen honoree here by Alex, I highly recommend the related comments by Glenn Logan, mariedowd, and Windypundit.

This is an Ethics Alarms record, and speaks volumes about the quality of commentary here.

This is Alex’s Comment of the Day on the post, Look! Computer Professionals Have An Ethics Code!

As a member of the ACM for the past 18 years, I did review earlier drafts and submitted comments. I was especially critical of the vagueness, but in general welcomed the update, as the old code was pretty outdated by now.

I did not think about the enforcement mechanism, but that is because I still don’t see Software Engineering/Programming as a profession. This has been a very contentious point for years. On the one hand, “hackers” (I use this in the original sense of the word, as it describes a very common ethos in the occupation) are terribly skeptical of any authority, and pride themselves that you can become a proficient programmer without formal training. Funny enough, programmers subscribing to this point of view are very supportive of apprenticeships and mentoring… go figure.

On the other hand, corporations will *strongly* resist any sort of licensing, and use the current, informal, certification system as a first filter only. Formal requirements would make software engineers more expensive and possibly lead to some system to deal with liability. Much better to keep to current system with the ability to outsource to the lowest bidder. Continue reading →