Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading

A Christmas Story Redux: Alek and the Controllable Christmas Lights

Go ahead! Try em!

Go ahead! Try em!

Christmas is right around the bend, so it is again time to celebrate Alek O. Komarnitsky and his creative, slightly wacky, Christmas lights extravaganza that he has transformed from a mildly unethical spoof to an act of charity and generosity.

Back in 2004, Alek received national attention for his whimsical holiday website that allowed people all over the world to turn his elaborate Christmas lights on and off from their home computers. Everyone had fun, which was clearly Alek’s design. Still, when it became known that his site was a hoax and that the lights going on and off were only an illusion, I weighed in (on The Ethics Scoreboard) with the opinion that perpetrating such a large-scale deception was wrong, no matter how well-intentioned and light-hearted. Alek took issue with my criticism, and we had a spirited e-mail debate.

Then, at a significant cost in time and money, Alek devised a way to really let people all over the world turn on his lights. He has done this ever since, and uses the site to raise money to cure Celiac disease. He writes: Continue reading

Yahoo Flunks A Confirmation Bias Test

Just as you always suspected: THIS is the average Fox News viewer.

Just as you always suspected: THIS is the average Fox News viewer.

Be honest now: If you were a news editor and this press release came across your desk, what would you think? What would you do?

Birmingham, Alabama (PRWEB)

December 04, 2012

The results of a 4 year study show that Americans who obtain their news from Fox News channel have an average IQ of 80, which represents a 20 point deficit when compared to the U.S. national average of 100. IQ, or intelligence quotient, is the international standard of assessing intelligence. Researchers at The Intelligence Institute, a conservative non-profit group, tested 5,000 people using a series of tests that measure everything from cognitive aptitude to common sense and found that people who identified themselves as Fox News viewers and ‘conservative’ had, on average, significantly lower intelligent quotients. Fox Viewers represented 2,650 members of the test group.

One test involved showing subjects a series of images and measuring their vitals, namely pulse rate and blood pressure. The self-identified conservatives’ vitals increased over 35% when shown complex or shocking images. The image that caused the most stress was a poorly edited picture of President Obama standing next to a “ghostly” image of a child holding a tarantula. Test subjects who received their news from other outlets or reported they do not watch the news scored an average IQ of 104, compared to 80 for Fox News viewers. Continue reading

Football Fashion, Ethics, and Our Wasteful Consumption

The many fashion choices of the Oregon Ducks...and children are starving in Appalachia.

The many fashion choices of the Oregon Ducks…and children are starving in Appalachia.

On his excellent ethics blog, the Ethics Sage, a.k.a. Dr. Steven Mintz, recently expressed dismay at the increasing trend in college and high school football teams that has them changing uniform designs for no discernible reason, but at significant expense. Focusing on the multiple uniforms used over a season by the Oregon Ducks, he wrote:

“The poverty line threshold in the U.S. ($23,050 for a family of four) is, on a daily basis, about $16 per person per day. If my estimates are close, the cost to outfit the Duck football players for a year is about $48,000, double the poverty level for a family of four and enough to sustain 3,000 people for one day or about 8 people for one year. When you think about the extravagant spending on uniforms by the Ducks, you begin to understand that it reflects a society where glitz and glamor are valued over feeding the hungry — not a pretty picture”

I am not sure what to make of this argument. Is Mintz arguing that the Ducks are ethically obligated to send the money they spend on extravagant uniform diversity to the poor? Isn’t this really just the old “How dare you waste those perfectly good peas when children are starving in Ethiopia?” argument? Realistically , there is no way the university’s football uniform budget is going to be able to help feed the poor. Why pick on the Ducks? He goes on to write, Continue reading

The Ethics Attic: Notes From Around The Web

messy attic

[I’m still feeling lousy, so in an effort to conserve some energy while keeping the torch high, I’m presenting a few links that the ethics-minded might enjoy visiting. Normally I would write about some of these, so consider yourselves lucky.]

  • Historian Paul Finkleman delivers that harshest verdict yet on the hypocrisy of Thomas Jefferson regarding civil rights and slavery. You should then read David G. Post’s splendid contra essay here. (The last two sentences in Finkleman’s op-ed are pretty much indefensible.)
  • A fascinating reflection, inspired by the movie “Lincoln,” on Utilitarianism and “the ends justifies the means.”
  • In fact, the program is a benign one, but considering the issue raised in my last post, it is hard to imagine more perfect symbolism for the American public trading self-sufficiency for government protection than the trade described here.
  • If you missed the recent George Will column, a frightening one, about the assaults of free speech and thought around the campuses of American universities, you have another chance to read it, here.
  • I only recently learned that 3-D copiers are a reality, and Dr. Chris MacDonald, on his always excellent Business Ethics Blog, has some insight on their ethical implications here.
  • Once again this year, I have an essay in The 2013 Hardball Times Baseball Annual, and publisher Dave Studenmund references my analysis of the Stephen Strasburg affair here.
  • Finally, thanks to Mary Wright on the HR Gazette for posting the Ethics Alarms Apology Scale.

Comment of the Day: “The Idiot, the Ex, and the Consequences”

I’ve been remiss in posting “comments of the day” of late; it is not a reflection on comment quality, which has been excellent, but rather on my own distractions. Here is a new one at last, from new commenter Kathryn. It appeals to me because it nails the subtext of the original post, and like most Comments of the Day, takes the original topic to the next stage of analysis. I hope we hear more from her. Here is Kathryn’s Comment of the Day on the post, “The Idiot, the Ex, and the Consequences.”

“I am waiting, perhaps overly optimistically, for culture to catch up with information availability and develop new ways of handling privacy outside of responding to information when it is made public, regardless of the source or context for that information. Everyone says/does something particularly unwise/unwell/without grace during their life. Technology is getting to the point that these moments, rather than being forgotten or a story told among friends, are fairly permanently in the public record. (The Internet is public, whatever Facebook settings attempt to convince you.) Continue reading

Why Nate Silver Is Wrong

Funny, Nate, I don’t see “leadership” anywhere in here…

I have wrestled with whether to write this post for about a month now. I am not in the election predicting business, which is a fool’s game, and this is tangential to ethics at best. On the other hand, leadership and American culture are among the subjects frequently explored here. Nate Silver’s analysis of the Presidential election on his New York Times blog has been at once fascinating and aggravating for me, though it has been a godsend to my nervous friends on the ideological left. Silver has insisted that his statistical analysis of the polls fortells an Obama victory with increasing certainty. Last I looked, his model was showing the election to be all but in the bag for the President, with, Silver calculates, an 86% chance that Romney goes down to defeat.

I don’t question Silver’s figures or formula. He’s a statistics whiz. His mistake is trying to use the tools he has used to great success on the poker table and in the world of sabermetrics to analyze the election of a President of the United States, without acknowledging or understanding the core of the process, or the culture and context in which it occurs. In many elections, most perhaps, his model would work perfectly. This time, it is going to fail. Silver won’t see his failure coming because as brilliant as he is in his chosen field, his demonstrated expertise is in economics and statistics. He really believes, apparently, that American history doesn’t matter, that what Americans think about when they choose a President is irrelevant, and that numbers purify the discussion and remove all the bias and static. He couldn’t be more wrong. Continue reading

Lance Armstrong As The Status Quo: An Unethical Essay From An Ethics Expert

Don’t worry, Lance. Braden Allenby understands you. You were just ahead of your time, that’s all.

There are many things to learn from Prof. Braden Allenby’s Washington Post essay, “Lance Armstrong’s fall: A case for allowing performance enhancement,” none of which have anything to do with Lance Armstrong. Among the lessons:

  • “Everybody does it “really is the most seductive and sinister rationalization for unethical conduct.
  • Someone really shouldn’t write about sports ethics when they know nothing about sports.
  • If you only understand an author’s bias after reading the short biographical sketch at the end of the article, then he wasn’t responsibly correcting for his bias in his article.
  • When someone uses the worst of all rationalizations, the deplorable, “It’s not the worst thing,” neither their judgment nor their argument can be trusted.
  • Some ethics experts have appalling judgment in regarding ethics.

Allenby’s essay takes the position that all sports should allow athletes to take whatever performance enhancing drugs that become available, beginning with the tragedy of Lance Armstrong’s final disgrace as a cheater and corrupter of his sport. Seldom do you see an argument clothesline itself so quickly: here is Allenby’s opening sally:

“In the past month, cyclist Lance Armstrong has been stripped of his seven Tour de France titles. His commercial sponsors, including Nike, have fled. He has resigned as chairman of Livestrong, the anti-cancer charity he founded. Why? Because the U.S. Anti-Doping Agency and the International Cycling Union say he artificially enhanced his performance in ways not approved by his sport and helped others on his team do the same. This may seem like justice, but that’s an illusion. Whether Armstrong cheated is not the core consideration. Rather, his case shows that enhancement is here to stay. If everyone’s enhancing, it’s a reality that we should embrace.” Continue reading

If You Liked “Enhanced Interrogation,” You’ll Love The “Disposition Matrix”

Is THIS the Administration’s secret weapon against terrorists?

The Washington Post launched a three-part series today about the U.S. drone strike program, in which terrorists abroad are targeted and assassinated from the sky. I’m not prepared to attempt an ethical analysis of this deadly tool against international terrorism, although I will acknowledge that my initial, gut level assessment is that the unique nature of terrorism requires adjustments in the ethics of national security and warfare, and drone killings seem to be a fair and reasonable adjustment.

Yet it is still killing. It is also controversial, with many human rights activists, international law specialists and ethicists vehemently condemning the tactic, especially when used against turn-coat Americans abroad without due process of law. Consequently, the Post’s revelation that the Administration’s “kill list” is called something else rings the ethics alarms.

The Post:

“Over the past two years, the Obama administration has been secretly developing a new blueprint for pursuing terrorists, a next-generation targeting list called the “disposition matrix.” The matrix contains the names of terrorism suspects arrayed against an accounting of the resources being marshaled to track them down, including sealed indictments and clandestine operations. U.S. officials said the database is designed to go beyond existing kill lists, mapping plans for the “disposition” of suspects beyond the reach of American drones.” Continue reading

The Global Warming Debate Is The World Series of Confirmation Bias

Confirmation bias is the dastardly human thought tendency that makes objectivity virtually impossible, and fair analysis nearly so. It is the human instinct to view external facts and events in such a way that they confirm preexisting beliefs, or, if they challenge these beliefs, to find reasons to distrust the facts or explain them away.

A line in a Washington Post book review caused me to realize that nothing  exemplifies confirmation bias at work better than the global warming controversy. It was a review by Post business editor Alan Sipress of “Spillover,”  a new book about how pandemics spread. He wrote:

“This year, a mild winter and an unusually hot summer — which look suspiciously like results of man-made climate change — yielded a bumper crop of virus-carrying mosquitoes. The result is an unprecedented outbreak that has sickened people in almost every state.”

Wait a minute: why does the past year’s mild winter and unusually hot summer “look suspiciously like results of man-made climate change”? Were there never mild winters with scorching summers before scientists developed climate change models? And why do those two factors, when paired, “look suspiciously” like man-made climate change? What about the winter and summer of 2012 screamed “man-made”? Continue reading