Science & Technology

Johnny Manziel’s Lawyer’s E-Mail Ethics Disaster

/ Jack Marshall / 13 Comments

email mistake

In an article last year inspired by increased attention in the legal profession prompted by Hillary Clinton’s epic incompetence handling her e-mail, New York’s Legal Ethics Reporter last year published “Ethical Implications & Best Practices for Use of Email.” It began with a quiz:

Which of the following statements are true?

A. Email is a wonderful tool for the successful practice of law.

B. Email not only saves time and money, but also allows for prompt communication with clients, colleagues, and opposing counsel.

C. Email is overused, often results in incomplete or inaccurate responses to inquiries, and fills up your Inbox with useless information.

D. Careless use of email can subject the sending lawyer to embarrassment, unhappy clients, lost income, breach of the duty of confidentiality, discipline, or claims of malpractice.

E. All of the above.

The correct answer is E— All of the above.

One reason lawyers are, as a group, far less forgiving of Hillary’s nonsense (and lies) is that her conduct, if it involved a client, and not just a relatively minor institution like the U.S. State Department, would constitute a clear violation of  the ethics rules covering competence and confidentiality. (Let’s ignore, for now, the rules requiring honesty and the avoidance of conflicts of interest.). Work- and case-related e-mail must be handled with care, or disasters occur. One of the lawyers for disgraced ex-NFL quarterback Johnny Manziel just provided a lesson in how that can happen, and it is going directly into my next seminar.

Defense attorney Bob Hinton, representing  Manziel  in a hit-and-run case, accidentally sent an Associated Press reporter an e-mail intended for the athlete’s legal team. The misdirection appears to be the result of an auto-address feature that assumed whom Hinton wanted to communicate with based on the first few letters he typed.

In the memo, Hinton expresses exasperation at the extent of Manziel’s dependence on illegal drugs, and reveals that he has a receipt that shows Manziel may have spent more than $1,000 at a drug paraphernalia store just 15 hours after he was involved in the crash. “Heaven help us if one of the conditions is to pee in a bottle,”  the lawyer wrote. This is a problem, since Manziel is seeking a plea deal that almost certainly would require periodic drug tests. Continue reading →

Calling Balls And Strikes

/ Jack Marshall / 28 Comments

Robot Umpire

Calling balls and strikes in major league baseball has to be mechanized. This is obvious and beyond argument, and the only question is what will finally make the bitter-enders abandon their rationalizations and capitulate to reality.

I last wrote about this in 2012 in a post titled “Umpire Accountability, As the Day Of The Robot Approaches,” following a 1-0 game in which a batter in a position to tie the game was called out on strikes by an umpire named Larry Vanover, who rang him up with three balls out of the strike zone for the final 9th inning out. This particular contest was between two teams that had finished the previous season with one of them edging out the other for the play-offs by a single game, on the last day of the schedule. The pitches called strikes in this particular at bat weren’t even close to being over the plate. You could see that all three were wide with the naked eye as they arrived in the catcher’s mitt; you could see it in the computer graphic on the screen, and after the game, the pitches’ locations were charted to show that they were, in fact, balls. I wrote…

Baseball fans invest too much time and emotion into following the games and their teams to just shrug off results warped by obvious incompetence. The kind of atrocious umpiring demonstrated by Vanover…poses a direct challenge to baseball’s integrity. What will baseball’s leaders do about it?

They have only three choices:

1.They can, for the first time, take public and punitive action against umpires whose poor performance exceeds a missed call or a human mistake, and demonstrates inexcusable incompetence or a lack of professionalism. First time: a stiff fine. Second time: a suspension without pay. Third time: dismissal.I know that the umpires union in Major League Baseball protects its incompetents as zealously as the teachers unions, but baseball has its product to protect.

2. Baseball’s leaders can make a commitment to automated strike and out calling, and cut back on crews to one field umpire to keep order and one booth umpire to read the printouts, watch the TV screen, and study the replays.

3. Baseball can reject integrity and credibility, and continue to let the Vanovers on the field wreck the games and alienate fans.

So far, disgracefully, the sport has chosen #3, but the clock is ticking. Continue reading →

How Conservatives Make Themselves Untrustworthy: A Case Study Starring Brent Bozell

/ Jack Marshall / 14 Comments

Brent-Bozell-SC

Brent Bozell, founder of the Media Research Center, is one of the heroes of the hard right. Joined by  reporter Tim Graham on Bozell’s media watchdog website ( it only bites liberal media, but that’s still a mouthful) Newsbusters,  he provides a depressing example of how conservatives sabotage their credibility and end up crippling their ability to persuade even when they are right, which is frequently.

In a column called “America’s Wrong To Love Football?,” Bozell and Graham complain about an NPR segment that makes the exact same point Ethics Alarms has made many times.[ You want one? Here’s one.]  After citing just some of the waves of evidence that professional football (and probably college football too) is maiming and, in slow motion, killing a large percentage of its players, they write one dishonest, irrelevant, fallacious and rationalized argument after another:

“Count on flower children at NPR to go over the edge with this issue..”

Conservatives used to use the ad hominem tactic of denigrating all liberals as hippies–drugged out, long hair, unwashed, funny clothes, pacifists, Communist sympathizers–in the Nixon era. It was a cheap shot even then—Counter their positions, don’t make fun of their haircuts!—but 50 years later it’s pathetic, and screams “I’m estranged from reality!” How many people under the age of 60 even know what “flower children” were?

Bozell and Graham continue..

“The problem isn’t the size and strength, and therefore power of professional football players. No, it’s — ready? — the evil game of football itself…”

This is devoid of logic. If the huge athletes and the way the game of football is played maim human beings, then the sport—game, sport, sport, game– of professional football maims human beings. No, Brent, it’s true, the rule book never hurt anyone. Nevertheless, the sport of pro football, as it is played, results in a large number of young men losing their minds before they are sixty. That doesn’t make the game of football “evil,” it makes the sport unacceptably dangerous. No, that doesn’t make the game “evil”—Deford never says it was “evil.” It makes people–like you, in fact—who pretend the game isn’t unreasonably dangerous and misrepresent the arguments that it is—complicit. It corrupts them. It corrupts society to have the culture spend so much money, passion and time on a sport once we know it kills people and ruins lives.

“Commentator Frank Deford used to love football, but now he just drops bombs on it. On Wednesday’s Morning Edition on National Public Radio, Deford’s weekly commentary was titled “What Is Football Doing to Us as a People?” He asked on air “So what is football doing to us as a people? How do we explain an America that, alone in the world, so loves this savage sport?…”

It is a legitimate and revealing question. Bozell and Graham just don’t like the answer. Yes, Deford loved football, until he learned that it was turning healthy young men into sad, tortured, middle-aged dementia victims while the NFL’s  leadership tried to cover up that fact. Like any decent, ethical person, he changed his mind according to new information, something conservatives like Brent Bozell often regard as heresy. Continue reading →

Madeleine Albright Scores A Perfect #22!

/ Jack Marshall / 13 Comments

perfect-10-score

Former Secretary of State Madeleine Albright is in some respect the perfect surrogate for Hillary Clinton, another former female Secretary of State. She has not been the deftest of supporters, however. The last time she made the news and Ethics Alarms with the statement that women who didn’t support Hillary Clinton would burn. “There’s a special place in hell for women who don’t help each other!” she said, making a pure and shameless group identification argument for Clinton’s candidacy.

Now, however, she has outdone herself, warming the cockles of Ethics Alarms’ heart by giving us a perfect Number 22 on the Ethics Alarms rationalization list [ The last perfect #22 honored here was this, in 2014]. I had conceded the Rationalization Championship in this campaign to Donald Trump and his supporters, as they avoid ethics entirely most of the time and default to rationalizations as a matter of reflex . Do they know rationalizations are neon markers of unethical reasoning? No, they don’t. The Donald’s favorites appear to be… Continue reading →

Lasers, Ethics, And Baseball

/ Jack Marshall / 10 Comments
"TOO MUCH! TOO MUCH!"

“TOO MUCH! TOO MUCH!”

Out of the ever-rich world of major league baseball comes another excellent example of how technology challenges, stretches and confounds traditional ethics.

Over the last decade or so,  it has become possible to track exactly where every ball put into play by every batter goes, and even how fast it gets there. As a result, computers can generate spray charts that will indicate the optimum defensive placements for the opposing team’s players, maximizing the chance that a batter will hit a ball within reach of a fielder. When Cleveland manager Lou Boudreau positioned four infielders on the right side of the field to foil Ted Williams, the “Williams shift” was considered radical and revolutionary. Today, there are shifts designed for a majority of players.

The problem is that with so many shifts, making sure each defensive player is in the right place becomes a challenge.  Now some teams are experimenting with using lasers to mark the grass, so a player will know exactly where to position himself. Continue reading →

What A Surprise: The Inspector General Reports That What We Knew Clinton had Done With Her E-Mails A Year Ago In Fact Was What She Had Done, That She Has Been Lying And Spinning Ever Since, And That Her Supporters Have Either Been Dupes Or Accomplices! OK, I Guess That’s Not Much Of A Surprise…

/ Jack Marshall / 37 Comments

Yawning2I’m not sure what to write about this, except that it has to be reported because the Clinton e-mail scandal has been so extensively discussed here since early in 2015. If it’s surprising to anyone, I pity them. If they try to keep denying it, I have contempt for them. If they don’t understand why this issue matters (Bernie…!), I pity them and have contempt for them.

Today the State Department’s inspector general’s report on the Clinton’s e-mail practices was released to the media.  The report makes it clear that Clinton intentionally set up the private server to avoid scrutiny of her personal e-mails, and the various Stygian activities revealed there. In order to do that, she willfully and knowingly violated State Department policies, and placed national security at potential risk.

The report concluded that Clinton failed to seek legal approval for her use of a private email server and that department staff would not have allowed it had she requested approval, because of the “security risks in doing so.”  Clinton’s use of private email for public business was “not an appropriate method” of preserving documents, the inspector general concluded, and her practices failed to comply with department policies meant to ensure that federal record laws are followed. Clinton should have printed and saved her emails during her four years in office or surrendered her work-related correspondence immediately upon stepping down in February 2013. She did not, choosing instead to provide those records in December 2014, nearly two years after leaving office.

So she was not following policy. What she did was not approved.  She did knowingly take risks with sensitive national security information. It wasn’t because she didn’t make “the best choice” that all of this occurred. Clinton was making the best choice for her…her career, her ambitions, her schemes.  The nation’s interests were secondary. If that. Continue reading →

“Ethical Amnesia”: Science Explains Hillary Clinton!

/ Jack Marshall / 10 Comments

-hillary-clinton email“Ethical Amnesia.” This is the hypothesized malady that some researchers believe could explain instances of repeated unethical behavior by individuals prone to wrongful conduct. The theory is that painful memories of their previous unethical actions are suppressed unconsciously by the habitually unethical, preventing them from learning to be good.

I know, I know. It sounds like a lot of hooey.

Psychologists Maryam Kouchaki from Northwestern University and Francesca Gino from Harvard University designed nine separate studies with about 2,100 participants to test how selective their memories of past unethical acts were. They found that ethical actions (like playing a game fairly) were remembered more clearly than their unethical counterparts (like cheating at the same game).

Barry Bonds, for example, was unable to remember his days playing baseball for the Giants, after steroids had pumped him up like the Michelin Man, but was very clear on his days with the Pittsburgh Pirates, when he was lean, mean, and PED-free.

I’m kidding. Back to the scientists… Continue reading →

“Oh, Didn’t We Tell You? Your Teaching Assistant Is A Robot!”

/ Jack Marshall / 13 Comments
"Uh, class, about my teaching assistant Jill..."

“Uh, class, about my teaching assistant Jill…”

Talk about a lack of transparency.

Students in a class  at the Georgia Institute of Technology were recently stunned to discover that the teaching assistant they knew as “Jill Watson” all semesterwas actually a an on-line artificial intelligence program..

A creation of IBM’s Watson analytics system, “Jill” helped graduate students by answering their questions for  an online artificial intelligence course. Professor Ashok Goel, who led the online course, told The Wall Street Journal that Jill was designed to help burdened TAs field an onslaught of questions from the 300-person class. He did not tell the publication why the school chose to let students think Jill was “a real, live, girl,” as the song goes. This is, and I realize that since the Professor in in the field of computer science and not philosophy, political science  or management, so he may be unfamiliar with the concept, something that is known as perpetrating ” big lie.”

Another story about the incident in Geek Wire notes that “some say it sets a bad precedent.”

Ya think?

I supposed now is as good a time as any to tell you that “Jack Marshall” is really just a private AI program set up in Hillary Clinton’s bathroom.

Facebook Manipulation, Ben Rhodes And Hillary’s Tech Minion’s Missing Emails: Seeking A Path To Objective Analysis (PART 2 of 2)

/ Jack Marshall / 15 Comments

suspicion

In Part I I examined the considerations involved in assessing whether the Ben Rhodes affair, which I also discussed here, is factual and justifies dire conclusions about our government.

Part Two will attempt to objectively assess the two other news stories that seem to compel progressives, in full confirmation bias mode, to deny, ignore, or trivialize, and conservatives, also driven by bias, to take as proof that conspiracies are afoot. Those stories both come down to suspicion and trust:

  • The claims from former Facebook employees that they were directed to suppress news stories of interest to conservative readers from the social network’s “trending” news section, while pushing stories with positive implications for progressive readers.
  • The State Department’s revelation that it can’t locate Bryan Pagliano’s emails from the time he served as Secretary of State Hillary Clinton’s senior information technology staffer during her tenure there.

First, the Facebook charges. From the Gizmodo “scoop”:

“Several former Facebook “news curators,” as they were known internally, also told Gizmodo that they were instructed to artificially “inject” selected stories into the trending news module, even if they weren’t popular enough to warrant inclusion—or in some cases weren’t trending at all. The former curators, all of whom worked as contractors, also said they were directed not to include news about Facebook itself in the trending module.

In other words, Facebook’s news section operates like a traditional newsroom, reflecting the biases of its workers and the institutional imperatives of the corporation. Imposing human editorial values onto the lists of topics an algorithm spits out is by no means a bad thing—but it is in stark contrast to the company’s claims that the trending module simply lists “topics that have recently become popular on Facebook.”

And, like a typical newsroom, Facebook’s bias is heavily weighted to the left. The Senate has announced that it is investigating news manipulation at Facebook, though I can’t see on what theory.

Facebook unequivocally denied the charges, saying in part,

“Facebook does not allow or advise our reviewers to systematically discriminate against sources of any ideological origin and we’ve designed our tools to make that technically not feasible. At the same time, our reviewers’ actions are logged and reviewed, and violating our guidelines is a fireable offense.”

Leaving aside confirmation bias and eschewing the six reactions to such stories I listed in Part I (I don’t believe it, AHA! I knew it!, So what?, ARGHHHH! We’re doomed!, Good, So how did the Mets do today?), we’re left with a “he said/they said” controversy that is either a stalemate, with the default judgment having to go to the side that actually has the guts to reveal its name, or a case of “Who do you trust?”

Does this seem like something Facebook would do? Well, let’s see, Facebook already admitted that it had performed unwilling experiments on random users to see if it could manipulate their moods. Facebook was credibly accused of restricting users from access to 30,322 emails and email attachments sent and received by Hillary Clinton during her tenure as Secretary of State.  Last month, a report found evidence of  Facebook censorship on pro-Trump and negative Hillary news, and a Facebook employee’s question about whether Facebook should actively take measures to impede Donald Trump was discussed here.  Facebook founder and CEO Mark Zuckerberg is a big Democratic donor. Facebook’s fellow social media giant Twitter has been censoring some high-profile conservative users lately.

Gee, are there any reasons not to trust these people? Continue reading →

Comment of the Day: “Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations”

/ Jack Marshall / 11 Comments
"Hello, Dave. You have absolutely no clue how to deal with me, do you?"

“Hello, Dave. You have absolutely no clue how to deal with me, do you? Or even your email…“

Much-abused Ethics Alarms commenter Beth, a D.C. lawyer with impressively thick skin, provided a real service with her comment on today’s post on the widespread obscuring of the Clinton e-mail scandal. Scandal is the right word, even if somehow a plausible and fair conclusion is reached that Hillary didn’t breach national security laws. The incident is shameful, and Clinton’s refusal to acknowledge that is  one of the many ways this episode indicts her character. Beth focuses on a systemic problem of which Clinton is a symptom: the government isn’t keeping up with the challenges posed by its increasing dependence on technology, and it can’t do that.

The public, most of whose interactions with technology is restricted to e-mails, games, social media and videos, if anything, has no idea the degree of competence and care complex organizations and the professions must devote to technology. The challenge is daunting, getting harder by the day, and may be hopeless, which is terrifying. The Obama Administration’s technology disasters, including the Edward Snowden affair, the OPM hack, the ridiculous failure of the Obamacare website and who knows what else they have managed to cover up, far exceed those of any previous administration. Most insiders I talk to are certain that far worse is on the way, and they know enough to be terrified. The public doesn’t understand how important the problem is, and therefore the news media ignores what it perceives as being uninteresting.

Here is Beth’s Comment of the Day on the post Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations:

What Clinton did was atrocious — our agencies need to lead this nation by example, and she was the head of the agency. But, all of our agencies are doing an awful job. There are policies in place that aren’t followed. And I can’t stress this last piece enough. Agencies draft policies, put them on a shelf, and never bother to hire people to update or actually enforce the policies. Further, there are insufficient protections in place — as demonstrated by the OPM data breach.

Continue reading →