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!
A new freakout!
…and dumber than most, too. U.S. District Judge Robert Lasnik of Seattle issued a temporary restraining order that blocks the Trump administration from refusing to try to block publication of blueprints to produce guns from 3D printers. Eight states and Washington, D.C. had sought the order. A company called Defense Distributed planned to publish the blueprints after the U.S. State Department agreed to settle a suit filed by the company in an agreement made public on July 10. The suit had claimed the State Department violated the First Amendment by warning in 2013 that publication of the blueprints violated export controls and could lead to a jail sentence for the company CEO, Cody Wilson.
It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.
This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration. Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.
Never mind, though. The story sparked a perfect storm of fake news, fear-mongering and incompetent journalism. The Times, among others, called the blueprints a “downloadable gun.” There is no such thing as a downloadable gun. You have a gun when you download a blueprint for a gun just like you have a house when you download a blueprint for a house. That term isn’t short-hand, it’s wrong: misleading, inaccurate, and really, really stupid. Other sources blamed President Trump and his administration for the fact that 3-D printer plans for guns were available. They have been available for years. Here are some downloads in case YOU want to have the plans for weapons that you will only be able to make if you happen to have some very expensive equipment. Continue reading
This morning the Washington Post tries to spin the clear ethics violation by Michael Cohen when he surreptitiously recorded his client, Donald Trump, when his client didn’t know or have any reason to suspect that such a recording was taking place. It was unethical. I have never spoken to a lawyer or ethics authority who didn’t believe such a recording would be unethical, at least until such an ethics breach was made against this particular betrayed client. Now, since the legal profession is one of many that have abandoned integrity and professional standards in the fever of anti-Trump madness, I’m sure several, maybe many, will change their tune. You know: they don’t want their friends to be angry with them.
Yes, Cohen’s taping was legal, because it occurred in New York, where only one party to a conversation has to know it is being taped. That is irrelevant to the ethics breach at issue. For a lawyer to tape a client secretly is always unethical. That’s my position, and I know of no persuasive argument against it. The Post article says that the matter isn’t clear cut. Oh yes it is.
Until 2001, there was little dispute that a lawyer was violating Rule 8.4, which pronounces it misconduct for a lawyer to engage in misrepresentation, dishonesty, fraud or deceit. Taping anyone secretly is misrepresentation. Does anyone want to dispute that? Try. If I am talking to you privately, and you do not tell me that I am being recorded, then you are representing to me that I am NOT being recorded, unless our previous conversations were recorded and I knew that. A few states just ducked the issue, and held that a lawyer could do what any other citizen could do in a state that made one party recordings legal. The American Bar Association, however, right through the 20th Century, held that it was per se unethical for a lawyer to surreptitiously tape anyone.
The absolutist position was an Ethics Incompleteness Principle accident just waiting to happen. In other words, there had to be exceptions, and since almost all states allowed District Attorneys to surreptitiously record suspected criminals without the threat of ethics sanctions, exceptions were already recognized. Thus, in 2001, the ABA revised its position with equivocal, muddled, Formal Opinion 01-422, “Electronic Recordings by Lawyers Without the Knowledge of All Participants,” which the ABA summarized this way:
A lawyer who electronically records a conversation without the knowledge of the other party or parties to the conversation does not necessarily violate the Model Rules. Formal Opinion 337 (1974) accordingly is withdrawn. A lawyer may not, however, record conversations in violation of the law in a jurisdiction that forbids such conduct without the consent of all parties, nor falsely represent that a conversation is not being recorded. The Committee is divided as to whether a lawyer may record a client-lawyer conversation without the knowledge of the client, but agrees that it is inadvisable to do so.
It does not “necessarily” violate the ethics rules because, the opinion explains (as various state opinions have as well), sometimes recording a third party serves the interests of justice, as when, for example, a client is trying to show domestic abuse, or when there is an allegation of illegal loan or housing discrimination. 01-422 wanders into Clintonesque rhetoric, however, when it states, Continue reading
This day in ethics: in 1908: the FBI was founded as the the Office of the Chief Examiner, and re-named a year later. Few American institutions have as mixed an ethical legacy, and the cognitive dissonance continues. In 1984, one of the most evil men in U.S. history died, though his exploits have inspired as many works of fiction and entertainment as many a more virtuous figure. Ed Gein, the serial killer who was the inspiration for “Psycho,” “The Texas Chainsaw Massacre,” “The Silence of the Lambs” and many others novels and films, and about half the episodes on the long-running CBS drama “Criminal Minds, finally went to his maker. The identity of this monster’s “maker” is a matter of debate.
1. Baseball ethics and a troubling societal blind spot. The American League Rangers finally demoted struggling outfielder Delino DeShields to Triple-A Round Rock on Tuesday. The real question should be what too them so long. Despite playing solid defense in the outfield, DeShields, 25, has hit just .204 in 322 plate appearances this season with an On base+Slugging total of .570, which is, for you sad baseball unenlightened, objectively horrible. Any OPS under .700 is unacceptable in the major leagues.
Yet an unnamed Rangers player told reporters that such demotions don’t breed a winning culture and instead breed complacency. Funny, I always thought complacency was when an organization just accepted sub-par performance rather than moving to address it. Yes, even in baseball, the toxic idea that employees have a right to their jobs no matter how well or poorly they perform them is on the rise, and with it support for America’s socialists. Continue reading
A new Code of Ethics was recently released by the Association for Computing Machinery (ACM), a professional organization for programmers and technology companies that has aimed to set the tone for ethics in the industry for decades. Its previous ethics code was last updated in 1992, before social media, e-commerce, widespread GPS tracking, the epidemic pf network hacking, bots, trolls, artificial intelligence, and the proliferation of wired cameras on store fronts, house entryways, and family cars, just to name a few of the ominous new developments that has made expanding technology the single greatest ethical challenge in the history of mankind. Most professional codes of ethics have not kept pace with technology, but for a computer organization to be so far behind is embarrassing.
The ACM committee surveyed the international association’s approximately 100,000 members as part of its process. The result is a list of principles and guidelines rather than rules: there is no enforcement mechanism. Nor is there any way to force members to read the thing, much less use it. I’ll say this: the code is ambitious. For example, the Code addresses”The Terminator’s” Skynet scenario, urging members to take “extraordinary” care to avoid the perils of artificial intelligence, and robots that learn from experience and modify their own actions without the need for re-programming by a human being.
The new code addresses the Big Data ethics issue, and holds that tech companies should collect only the minimum amount of personal information necessary for a task, protect it from unauthorized use, and give users the opportunity to give informed consent regarding their data’s use. This and other provisions in the Code I would mark as “aspirational,” or perhaps “cover” or even “pie in the sky.” Without enforcement, such “rules” amount to lip service at best, deception at worst.
As with most ethics codes, this one indulges in convenient vagueries that purport to give guidance, but really don’t. For example, the Code’s “first principle” states that the primary obligation of all computer professionals is to “to use their skills for the benefit of society, its members, and the environment surrounding them.” And who determines THAT pray tell? The technicians who made Skynet thought that it would be a boon to humanity, and it ended up destroying humanity. “Benefits” is the most subjective of concepts. Similarly, the code exhorts the technical community to mitigate the negative effects of technologies they are responsible for, and if that can’t be done, perhaps to even refrain from marketing some products.
Sure.
To help companies and tech workers apply the ethical code’s principles, ACM is launching an“Integrity Project,” which will produce case studies about particular ethical dilemmas, and an “Ask an Ethicist” advice column.
I’m available.
Sorry for the late Warm-Up: I had to root the Red Sox to victory in an 11 AM game, and will soon celebrate Independence Day by seeing “Jurassic World II”…
1. Ethics Dunce: Siri. A speech by British Defense Secretary Gavin Williamson in the House of Commons yesterday was interrupted when Apple’s smartphone digital assistant, which heard her master mention terrorists in Syria, blurted out, “I found something on the web for Syria!”
2. Good. Let it never be said that the Trump administration didn’t accomplish anything positive. Yesterday the Administration withdrew several Obama Administration policy documents designed to push universities toward admissions policies that involved preferences based on race. Affirmative action, which is government sanctioned race discrimination (because the ends justify the means) has always defied the Constitution, and the Supreme Court has consistently warned that the leash was short, and the breach would not be tolerated forever. With higher education flagship Harvard University being exposed as grossly discrimination against deserving Asian-American applicants in the interest of “diversity,” and an affirmative action-tender majority on the Supreme Court looking like a thing of the past with Justice Kennedy’s retirement, this relic of the Seventies, a policy that exacerbated racial divisions as much as any factor in U.S. society, needs to be rejected completely and finally, and the announcement from the Education Department is an excellent start. In a related statement, as in the earlier withdrawal of the “Dear Colleague letter” that extorted universities into dispensing with due process and a presumption of innocence in student sexual assault cases, Attorney General Jeff Sessions pointedly rejected this method of abusing power that the Obama Administration fine tuned to an art, saying,
“The American people deserve to have their voices heard and a government that is accountable to them. When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President. In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website. That’s wrong, and it’s not good government.”
Exactly. Continue reading
1. “General, I have no division!” At about 2:00 pm, , July 3, 1863, by the little Pennsylvania town of Gettysburg, Robert E. Lee launched his last, desperate and audacious stratagem to win the pivotal battle of the American Civil War, a massed Napoleonic assault on the entrenched Union position on Cemetary Ridge, with a “copse of trees” at its center. The doomed march into artillery and rifle fire, across an open field and over fences, lasted less than an hour. The Union forces suffered 1,500 casualties,, while at least 1,123 Confederates were killed on the battlefield, 4,019 were wounded, and nearly 4000 Rebel soldiers were captured. Lee’s bold stroke had failed spectacularly, and would go down in history as one of the worst military blunders of all time.
That verdict is debatable, but this is not: Pickett’s Charge, as the attack came to be called, holds as many fascinating ethics lessons as any event in American history, and this blog has returned to it for enlightenment time and time again.
There is the matter of the duty to prevent a disaster that you know is going to occur, the whistleblower’s duty, and the theme of Barbara Tuchman’s work, “The March of Folly.” There was Robert E. Lee’s noble and unequivocal acceptance of accountability for the disaster, telling the returning and defeated warriors that “It is all my fault.” The defeat also turned on moral luck, with many unpredictable factors, such as the intervention of a brave and intrepid Union cavalry officer named George Armstrong Custer, who also teaches that our greatest strengths and most deadly flaws are often the same thing, and that the Seven Enabling Virtues can be employed for both good and wrongful objectives. Pickett’s Charge shows how, as Bill James explained, nature conspires to make us unethical.
Pickett’s Charge also teaches that leadership requires pro-active decision-making, and the willingness to fail, to be excoriated, to be blamed, as an essential element of succeeding. Most of all, perhaps, it illustrates the peril’s of hindsight bias, for without a few random turns of fate, Robert E. Lee’s gamble might have worked.
2. Funny how if you continually denigrate someone based on his color and gender, he will eventually stop respecting you. Stanford University has established a Men and Masculinities Project that aims to help men develop “healthy and inclusive male identities”—because they obviously don’t have those now. “We acknowledge that male identity is a social privilege, and the aim for this project is to provide the education and support needed to better the actions of the male community rather than marginalize others,” anti-man-splains Stanford’s gurus. Stanford, of course, is not alone in pushing the ubiquitous progressive narrative that men are toxic, along with whites, making white men the worst of all. Perhaps this might explain why support for Democrats among young white men is falling fast.
Nah, it must be because they are sexist and racist…
3. But..but…settled science! The Economist estimates that as many as 400,000 papers published in supposedly peer-reviewed journals were not peer-reviewed at all. Scientists, scholars and academics are no more trustworthy or alien to unethical conduct than anyone else, but because most of the public (and journalists) don’t understand what they write about and have to accept what they claim on faith, they are presumed to be trustworthy.
Think of them as the equivalent of auto mechanics. Continue reading
I’m going to see “Jurassic World: Fallen Kingdom” just as soon as I can, as I have seen all of the other “Jurassic Park” films since Spielberg’s first. Of course I am: I love dinosaurs.
I have loved dinosaurs since I was about 4, and my dad brought me a bronze model of a T-Rex when he returned from a business trip to Chicago. That five-inch model was the first entry into a collection that eventually reached over thirty dinosaurs, greatly abetted by my mom, who was a ceramicist. She would peruse the dinosaur books I borrowed from the library and pick out artwork that she liked. Thus I became the only kid in Arlington, Mass. with ceramic models of a gorgosaurus and a styracosaurus.When I was in the first grade, I gave a talk about my collection and the species they represented—in those days they hadn’t even discovered velocirapters yet, thought dinosaurs dragged their tails, and assumed they were cold-blooded, like reptiles—at theParmenter School sixth grade hobby show.
The more I learned about dinosaurs the more I loved them. I still can’t get over the fact that these amazing creatures existed, when they look like the results of a fantasy artist’s bad drug trip. I must confess, I also love the fact that dinosaurs drive evolution deniers and Fundamentalists crazy. If the Earth is the only planet with life, doesn’t the fact that God filled it with dinosaurs suggest that they were his favorites too? Might it even suggest that God looks like a T-Rex? My first face to face experience with an intelligent person who simply denied facts that didn’t fit in with her ideology was a U.S. Chamber of Commerce colleague who noted the large, leather pteranodon hanging in my office and said, which a superior smirk, “You don’t really believe those things existed, do you?”
Mostly, however, dinosaurs fill me with wonder, exactly as they did when I was 4.
This was the aspect of the first film that Spielberg captured so well: It’s not a monster movie, but a pro-dinosaur movie. People forget now, but many critics dismissed “Jurassic Park” as junk: they were enthralled with Spielberg’s other movie that year, “Schindler’s List,” an important movie. The critics didn’t get “Jurassic Park,” and still don’t.
Now they are slamming the fifth in the series, the sequel to “Jurassic World,” which they also didn’t get, because most critics equate dinosaurs with Godzilla. I thought “Jurassic World” was easily the best of the sequels. I loved the attack of the pterosaurs (accompanied by air raid sirens!)—I had models of all of them! I loved the mossasaur—Mom made me a couple of different species—and its surprise role in the film’s climax. I loved how the T-Rex, just like in the first film, became an unlikely rescuer of the human stars. And look! There’s an ankylosaurus! Mom made me one of those! Continue reading
1. Shameless self-promotion Dept. Once again, I am presenting my three-hour Clarence Darrow and modern attorney ethics CLE program for the D.C. Bar, and later this summer, Virginia CLE will be sponsoring the same seminar in Richmond and Northern Virginia. As always, my partner and collaborator in All Things Darrow is esteemed D.C. actor (and American University law school instructor, and, I am proud to say, my friend) Paul Morella, who has been Darrowing since he premiered my one-man show about the great and flawed lawyer in 2000, for The American Century Theater. His website is here. This is Paul…
Paul is a lot taller, thinner and better looking than Darrow, and unlike Clarence, he also bathes regularly. It doesn’t matter. I can’t recommend his show, which he performs for bar associations and legal groups around the country, more highly, and would feel this way even if I hadn’t written it. Of course, any group that wants Continuing Legal Education credits can also book today’s seminar, which has many of Darrow’s greatest courtroom orations, but also legal ethics commentary from me.
2. Ah-HA! NOW I understand why I’m being sued for defamation! This is in the “This comes as no surprise” category, but it still explains a lot. The Pew Research Center just released a survey that demonstrates that a large proportion of the public can’t distinguish facts from opinions. The main portion of the study measured the public’s ability to distinguish between five factual statements and five opinion statements. Pew found
“…that a majority of Americans correctly identified at least three of the five statements in each set. But this result is only a little better than random guesses. Far fewer Americans got all five correct, and roughly a quarter got most or all wrong. Even more revealing is that certain Americans do far better at parsing through this content than others. Those with high political awareness, those who are very digitally savvy and those who place high levels of trust in the news media are better able than others to accurately identify news-related statements as factual or opinion.”
I challenge that last part. It may well be that those who place high levels of trust in the news media could distinguish between fact and opinion in those ten statements, but it doesn’t change the fact (now this is my opinion, but I still believe it is demonstrably true) that the news media distorts what it represents as facts based on journalists’ biased opinions. Continue reading
I alluded to Hedy Lamarr in an earlier post about my favorite celebrities, those who manage to be outstanding in multiple diverse fields at once. The glamorous cult actress is a prime example, being known publicly for her pulchritude and in much more rarefied circles as a brilliant inventor. I had been waiting for the release of the documentary–produced by Susan Sarandon!—about Lamarr, called “Bombshell: The Hedy Lamarr Story” ever since a friend and commenter here told me that it was in the works. Now it is on Netflix, and I watched it. You should too. I’ll just jot down some loosely connected thoughts about the ethics lessons of Lamarr’s life.
The episode literally shadowed her life. Yet half a century later, very young actresses like Drew Barrymore and Dakota Fanning were similarly abused by directors, the main difference being that public attitudes now make the resulting stigma less permanent.
Living a lie is not an ethically healthy existence, but Lamarr had few reasons to trust that she would be accepted for who she was….fewer than most, on fact.
Sometimes I think it’s a mircale that women didn’t rise up and slaughter millions of men while they slept. They deserved it.
Think about that. Continue reading
Ethics Alarms 