Science & Technology

E-mails Aren’t Private? Oh-oh…

/ Jack Marshall / 2 Comments

The Eleventh Circuit Court of Appeals has ruled in the case of Rehberg v. Paulk that one who sends an e-mail has no “expectation of privacy” in its content, once it is sent to a third party—-and that third party can even be the internet service provider. Which means, in essence, that e-mails aren’t private any more, if this ruling stands.

Here you have a good example of how courts can re-define formal ethical standards on multiple planes with a few words. This means that one of the most influential Federal Courts has given the green light to any government agency or employer who chooses to read your e-mails. It may well be that lawyers who send documents containing confidential client information have breached their duty to protect confidences. It means that if your room-mate reads confidential messages on your laptop without your permission, the law says its your fault, not his.

This is the point where ethics, manners and the Golden Rule becomes more important than ever. The court case may change the law, and it may be legal to read other people’s e-mails without permission, but it’s still not right.

For an excellent scholarly dissent from the Eleventh Circuit’s ruling by Prof. Orrin Kerr, see his argument on the Volokh Conspiracy.

[Many thanks to Prof. Monroe Freedman whose post at the Legal Ethics Forum alerted me to both the case and Prof. Kerr’s critique.]

Astrology Ethics

/ Jack Marshall / 7 Comments

Considering absurd hypotheticals can still be valuable. Consider this ridiculous question from a site with the tautological title, “Astrology or Superstition?” :

“Would it be unethical to use astrology to gain advantage over someone in the work environment?”

Obviously not, because astrology is a crock. But if it were not a crock, what would the answer to this question be? Continue reading →

Public Privacy and the Ubiquitous Camera

/ Jack Marshall / 2 Comments

Everybody has a camera…well, almost everybody. Thanks to cell phones, we can be recorded in still or video formats almost every second of the day. We are our own Big Brother.  So much so, in fact, that it is hard to muster too much fright and indignation over increasing use of public cameras by the government. Boston police, for example, now have immediate access to street video of shootings, robberies, and homicides on many city streets, and use real time images to send information about the suspects and crimes to responding officers. Continue reading →

Provocative Links for Ethical Weekend Reading

/ Jack Marshall / 1 Comment

Here is a diverse selection of five ethics-related posts from cyberspace for your weekend reading pleasure:

  • Christopher Hitchens analyzes, critiques and updates the Ten Commandments—and does an excellent job of all three, here.
  • Finally, a former Bush Justice Department official takes aim at the Republican attacks on the so-called “Al Qaeda Seven,” a despicable moniker apparently invented by Mary Cheney. There really is no debate here: the suggestion that attorneys who previously represented accused terrorists cannot be trusted to work in Justice is legally, ethically and logically ignorant. Still, it is good to have a Republican lawyer say so.

Al Gore’s Unethical New York Times Op-ed

/ Jack Marshall / 9 Comments

I swear, this post has nothing to do with whether climate change is soon going to have the East Coast under water and the polar bears playing beach volleyball or not. The ethical  issues raised by Al Gore’s last volley in the global warming wars are journalistic integrity, public honesty, and respect for the intelligence of the American public. Continue reading →

TGIF Ethics Round-up: Killer Whales, Palin-Hatred, MagicJack and More

/ Jack Marshall / 9 Comments

Brief ethics notes on a wild week…

  • How dare the killer whale be a killer?…Tilikum, the killer whale who either playfully or maliciously killed his trainer at Orlando’s Sea World this week, will apparently stay in the facility. Some pundits (the ones I have heard were of the foaming-at-the-mouth conservative fanatic variety) regard it as absurd not to put down a murderous whale when a dog, bear or tiger that similarly ended a human life ( Tilikum may have ended three) would routinely be destroyed. One doesn’t have to be a PETA dues-payer to see this as advocacy for blatantly unfair retribution. Let’s see: Sea World takes a top-of-the-food-chain predator out of the oceans out of its natural environment, earns admission fees by making it perform tricks for the amusement of humans in a theme park, pays relatively tiny and fragile trainers to interact with the three ton beast, and when the predators does what it is naturally designed to do—kill—we blame the whale? Continue reading →

Ethics Dunce: PZ Myers

/ Jack Marshall / 13 Comments

PZ Myers, according to his blog, Pharyngula, is a biologist and associate professor at the University of Minnesota. Yesterday, however, he was just one more arrogant, mean-spirited bully (if this were not an ethics blog, I would have used the term “jackass”), ridiculing Catholics who chose to follow the traditions of their church by displaying a smudge of ash on their foreheads on Ash Wednesday.

Like all bullies, he chose the weakest and most defenseless targets for his attack: “little old ladies,” whose religious devotion made him want to “pull out a hankie, spit on it, and clean them up.” Continue reading →

Stats, Polar Bears, and “Truth by Repetition”

/ Jack Marshall / 6 Comments

When I did marketing for a company that created annuities for the recipients of large court damages, I was armed with alarming statistics I had gleaned from the annuity industry’s publications.  Half of the recipients of large lump sum settlements or damages from personal injury and medical negligence lawsuits had dissipated all of the funds (usually calculated to last a lifetime) within two years or less. More than 75% had blown through all the cash, often millions of dollars, within five years. These figures were accepted as fact everywhere,  and we used them profitably to persuade plaintiffs, lawyers and courts to approve annuity arrangements that would parcel out the funds over the years, keeping the money safe from needy relatives and spending sprees. Then, one day, I decided to track down the studies that were the sources of the statistics I was using.

There weren’t any. I discovered a circular trail, with various sources quoting each other. Continue reading →

Beware of Ethicist Ethics

/ Jack Marshall / 7 Comments

On Ethics Alarms, as with its progenitor, The Ethics Scoreboard, commenters frequently accuse me of manipulating ethical arguments to endorse or support a political agenda. I often find such comments unfair, intellectually lazy and wrong, but please, keep making them. Avoiding a political or ideological slant is one of the most challenging tasks in rendering ethical analysis, and it is so easy (and tempting) to fall into the trap of letting bias rule reason that it helps to be regularly smacked upside the head.

Even with repeated smacks, true objectivity is nearly impossible in ethics, because of the central role played by ethical conflicts—not the ethical problem of conflicts of interest, but the philosophical problem of designating priorities among competing ethical values. Ethical conflicts require choosing which ethical value yields to another: a doctor knows a patient is dying and that nothing can be done. Is the ethical course to be honest, or to be kind? In public policy, ethical conflicts abound, and often involve deciding between two different versions of the same ethical value. Which version of “fair” is fairer, for example: allowing a talented, hard-working individual to keep the money she earns for her and her family, or for her to have to share some of that money with others, perhaps less talented and hard working, but also perhaps less fortunate, who do not have enough to survive? Ethical problems pit compassion against accountability, responsibility against forgiveness, autonomy against fairness, equity against justice. Continue reading →

“Everybody’s Stupid”

/ Jack Marshall / 4 Comments

Please. Make them stop.

It seemed that every conservative talk show host today was getting yuks from the irony of the Obama  Commerce Department announcing the launch of a new government climate change service in the middle of unprecedented snowfall in Washington, D.C. Underlying the hilarity was the persistent implication, and sometimes outright assertion, that the snowfall itself actually undermined the prevailing scientific findings of climate change research. If Hannity, Limbaugh and others who did this (and have done it before) really believe that one snowstorm, or twenty, can have any probative value at all in determining the accuracy of climate change science, then they are too ignorant to participate in policy debates about the issue.  If, on the other hand, the talk show pundits are deliberately pandering to the many science-illiterates among their listeners—and I think that is exactly what they are doing—then they are being dishonest and unfair. Continue reading →