Ice Bucket Challenge Ethics

Ice Bucket Challenge

The “Ice Bucket Challenge” is a silly, brilliant fund-raising device that has simultaneously increased public awareness of Amyotrophic lateral sclerosis (ALS), better known as Lou Gehrig’s disease, brought over 14 million more dollars of donated funds into the ALS Association than last year for research, and provided some priceless YouTube fare, ranging from celebrity drenchings to this…

Entertainment! Celebrities! Medical research! Charity! Public Education! How could there be anything unethical about such a phenomenon? Well, ethics often throw cold water on all manner of activities human beings crave, so it should not be too great a surprise that the “Ice Bucket Challenge” has generated quite a few ethics-based objections. Let’s examine the potential, alleged and actual ethical flaws of the current fad, and rate them on an Ethics Foul Scale from zero (No ethical concerns at all) to ten ( Very Unethical).

1. It’s dangerous.

Anything can be dangerous if you are not sufficiently careful, and the Ice Bucket Challenge had its consequentialist moment when four firefighters were injured, one very seriously, trying to help the marching band at Campbellsville University get dumped with ice water this week. Two firefighters were in the bucket of their truck’s ladder preparing to douse the students using a firehose when a surge of electricity jumped from nearby power lines and electrucuted them and two colleagues. This was just a freak accident, however. Unlike the so-called Facebook Fire Challenge, the ALS fundraisng stunt shouldn’t be perilous to anyone, as long as practitioners don’t get too grandiose or creative.

Ethics Foul Score:

0

2. It wastes water.

Continue reading

Is There An “Almost Naked Lovely Lawyer Principle”?

cathy-mccarthy

Not really.

But it’s complicated.

Cathy McCarthy (above) is a 2013 graduate of Loyola Law School-Los Angeles, and she is sounding the clarion call for the right of bikini model-lawyers to be taken seriously. She wrote…

I graduated law school a year ago after receiving an academic scholarship and passed the California Bar last November on my first try. I am also a model and have had moderate success, building fan base of over 26,000 people where I do mostly bikini promotions. Does this make me better or worse at my job? According to some people, it makes me unable to be taken “seriously” in the business community. In fact, two weeks ago, I was reprimanded by a coworker for my online presence and was told to “handle the situation.”I fought back and was ultimately let off the hook, but this is not the first time that I have faced backlash from colleagues who think that a lawyer should not also get the privilege of “looking hot in a bikini.”

Unlike the case with primary and secondary school teachers, where a published presence on the web that is sexually provocative can interfere with a healthy student-teacher relationship, there is no automatic impediment to a lawyer client relationship posed by the lawyer moonlighting as a bikini model, a fold-out, or even a porn star. The profession acknowledges this in several legal ethics opinions affirming lawyers’ First Amendment rights. Lawyers can express themselves any way they choose, provided that it does not undermine their ability to represent their clients in any way. Continue reading

Ethics Dunce: Chris Blasko (Whoever He Is)

Chris's photo goes in the lower right...

Chris’s photo goes in the lower right…

A Chris Blasko proudly posts the following on Google Plus:

Today is a good day. I just had a call from a telemarketer. Did I yell and scream at them, you ask? Certainly not. Like a good IT administrator I put my skills to use for their benefit. Here’s how the conversation went:

Computer: “Press 9 to not be contacted in the future. Press 4 to speak to someone about your mortgage issues”
<presses 4>
TM: “Hello, are you having problems paying your mortgage?”
Me: “Hi, this is the IT department. We intercepted your call as we detected a problem with you phone and need to fix it.”
TM: “Oh… ok, well what do we need to do?”
Me: “We’re going to need to fix the settings by pressing 4-6-8 and * at the same time”
TM: “Ok, nothing happened.”
<alright, so he’s not using a Polycom>
Me: “Are you using the new Polycom phones that we deployed?”
TM: “No, it’s a Yealink”
Me: “Ok, I see. You haven’t had the new Polycom phone deployed to your desk yet. Let me check our technical documentations for the Yealink.”
<did a quick Google search, “yealink phone factory reset”>
Me: “Alright, do you see an “OK” button on your phone?”
TM: “Yes I do”
Me: “Alright, you’re going to press and hold that button for 10 seconds.”
TM: “OK, pressing it now”
Me: “Perfect, let me know if you get a password request”
TM: “OK, nothing has popped up ye-
<click>

That’s right. I made a telemarketer unwittingly factory reset his phone which means he will be unable to make anymore calls until someone is able to reconfigure his phone and that will take at least an hour or longer if they can’t do it right away!

I’m sure all of Chris’s fans think this is just the coolest thing in the world, but it’s really not. It’s just gratuitously mean. His victim’s employer is actually pretty ethical, since Chris could have pushed 9 to end the call and not be bothered in the future. Instead, he decided to make life miserable for some poor minimum wage earner in one of the most boring jobs on earth, who is probably trying to eke out a living and support his family during tough economic times. Continue reading

Unethical Website of the Month: Kio’s Asian Stir, Newport, Rhode Island

kios-asian-stir-I hate to pick on a small Chinese restaurant, but this kind of casual incompetence in an electronic age is ridiculous. Besides, I’m tired, hungry, and not in the mood to be tolerant.

I’m in Newport, you see, where I have  presented three-hour legal ethics seminars to two large and responsive groups of lawyers, courtesy of AON and the Rhode Island bar. My wife was kind enough to accompany me, and thus instead of returning from a seminar to a lonely hotel room and endless hours surfing cable TV, I am actually enjoying my surroundings for a change, driving around, checking out galleries, walking along the shore. The only persistent problem is meals. By the time I finish the seminar, talk with participants, get back to our bed-and-breakfast in scenic Newport and walk Rugby (he’s here too), it’s invariably 2:30 0r later; by the time we drive to Iggy’s or Flo’s (double yum) for clams, it’s 4:00, meaning that dinner is up against the hard, generally 9 PM deadline most kitchens observe around here, and the fact that I’m as fried as the clams we ate and barely able to move. This makes carry-out mandatory, but time is tight.

By this time we’re sick of pizza and sandwiches, so after perusing the options, and there goes another 20 minutes, we arrive at the perfect solution: the well-regarded Asian restaurant Kio’s, which is close by (everything is close-by; this is Rhode Island), delivers, and, it announces on it’s website, I can order on-line! See…

We are adding Online service to Kio’s Chinese Cuisine in Newport, RI. You can now online order your favorite chinese dishes such as Chicken Chow Mein, Shrimp with Cashew Nuts and Sauteed Mixed Vegetables. Order online is easy and fun. We provide fast Delivery too (minimum order $10). Order Now!

For the special experience of ordering online at Kio’s, try the link. There’s the tantalizing menu, but oddly, clicking on the various options accomplishes nothing. You will search in vain for a form or anything else that suggests “on-line order,” much less “easy and fun” on-line order. Continue reading

Phtography Ethics, Parenting Ethics, Face-stomping Ethics

no photographs

Item:

“A 32-year-old city resident was arrested for allegedly stomping on the face of a college student who was taking pictures at a Liberty Heights park on Tuesday afternoon. Victoria M. Torres, of 211 William St., was taken into custody for assaulting a 22-year-old student who was taking snapshots for a “photography class project” near the water park in Van Horn Park, Springfield police spokesman Sgt. John Delaney said.”

The student was taking photos of Torres’s young daughter, among other subjects.

More…

“Torres approached the photographer and “demanded in a threatening manner” that she delete any pictures containing images of her children, according to Delaney. The student, who wasn’t publicly identified by police, tried to avoid a confrontation and started to leave the park.”As she was walking out, the outraged female came over and punched her twice in the face, grabbed her by the hair and pulled her to the ground,” Delaney said. Torres then “kicked the victim and stomped her face” after the photographer had fallen to the ground, Delaney said.Torres also tried to take the woman’s camera and equipment, valued at about $4,000. Torres grabbed hold of the camera strap in effort to pull the camera from the student’s neck, Delaney said.”

Let’s stipulate that stomping on the student’s face…indeed, stomping on faces generally, is per se unethical. Now that this is settled, did the t mother have a legitimate objection? Was the student behaving ethically?

Yes, and no. Continue reading

Unethical Website Of The Month: OKCupid…The First Corporate Fick!

cupid5af

The ignominy of mere Ethics Dunce status is too good for OKCupid CEO Christian Rudder and his online dating service, and Unethical Website of the Month doesn’t do it justice either. The online dating website has revealed itself as an ethics outlaw, and a smug one. It is lying to its customers,  toying with the lives of vulnerable people who trust it, and doesn’t see anything wrong with its conduct.

That qualifies OKCupid as a Corporate Fick, the first ever so-identified here. As stated in the blog glossary of terms and concepts, a fick is someone who openly and blatantly violates social norms of responsibility, honesty or fairness without shame or remorse. That description fits OKCupid to a fare-thee-well.

In case you missed the story, the website revealed—proudly, in fact—that it intentionally set up users with bad dates, or mismatched by its own compatibility formulas, to see how people would behave. The uproar over Facebook’s undisclosed manipulation of users’ moods prompted the disclosure.Facebook’s experiment violated research ethics standards, and the company was misrepresenting both law and ethics when it claimed that they had Facebook user’s consent to use them as cyber lab rats. That was bad. This is infinitely worse. Continue reading

Ethics Quiz: Four Young Children Locked In A Hot Car

kid-in-hot-car

Mom and mom advocate Lenore Skenazy writes the Free Range Kids blog, which I have to remember to check out regularly. She is the source of today’s Ethics Quiz, which she obviously believes has an easy answer. We shall see.

Charnae Mosley, 27, was arrested by Atlanta police and charged with four counts of reckless conduct after leaving her four children, aged 6, 4, 2, and 1, inside of her SUV with the windows rolled up and the car locked.  It was 90 degrees in Atlanta that day. The children had been baking there for least 16 minutes while their mother did some shopping. A citizen noticed the children alone in the vehicle and reported the children abandoned.

Skenazy believes that the arrest is excessive—that the mother made a mistake, but that compassion is called for, not prosecution:

“[T]he mom needs to be told that cars heat up quickly and on a hot summer day this can, indeed, be dangerous. She does not need to be hauled off to jail and informed that even if she makes bail, she will not be allowed to have contact with her children…No one is suggesting that it is a good idea to keep kids in a hot, locked car with no a.c. and the windows up. But if that is what the mom did, how about showing some compassion for how hard it is to shop with four young kids, rather than making her life infinitely more difficult and despairing?The kids were fine. They look adorable and well cared for. Rather than criminalizing a bad parenting decision (if that’s what this was), how about telling the mom not to do it again?”

Do you agree with her? Here is your Ethics Alarms Ethics Quiz of the day:

Was it cruel, unfair, unsympathetic or unkind for Atlanta police to arrest Mosely for leaving her four young children locked in a hot car?

I am an admirer of Lenore Skenazy, but her pro-mother bias led her seriously astray this time. I think she is applying rationalizations, consequentialism and dubious, indeed dangerous reasoning to let this mother off a hook that she deserves to stay on. In her post, she even suggests that the car’s air conditioning was on, though there is no reason to believe that it was based on the reports. If the A-C was on, that changes the situation: I very much doubt that a mother would be charged with leaving four children in a locked, hot car if the car was not, in fact, hot. (One report states that the SUV windows were open, but that wouldn’t support the charges. If the windows were open, then Mosely left her children alone in public, which is a different form of child endangerment, but still dangerous. For the purpose of the quiz, I am assuming that the windows were shut, and that the air conditioning was not on. So does Skenazy.)

Let’s look at Lenore’s analysis errors:

  • She notes that the children were “fine.” What if they hadn’t been fine? That wouldn’t change what Mosely had done in any way, and what she did was irresponsible, dangerous and potentially deadly. Sixteen minutes, scientists tell us, is more than enough time for temperatures in a closed car to rise sufficiently high to cause heat stroke. Mosely, and obviously her children, were lucky—this is classic moral luck—and that shouldn’t be allowed to diminish the seriousness of what she did. (Aside: I just realized that to find that link, I made the same Google search that Justin Ross Harris made before leaving his infant son to die in his own hot vehicle, which has added to the circumstantial evidence causing him to be charged with murder.)
  •  The rationalizations peeking through Slenazy’s excuses for the mother’s conduct are quite a crowd. Along with #3. Consequentialism, or  “It Worked Out for the Best,” there is #19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes,” it’s twin, #20, The “Just one mistake!” Fantasy, #22. The Comparative Virtue Excuse: “There are worse things,” #25. The Coercion Myth: “I have no choice,”  #27. The Victim’s Distortion, #30. The Prospective Repeal: “It’s a bad law/stupid rule,” and #33. The Management Shrug: “Don’t sweat the small stuff!” There are probably some more, but that’s plenty.
  • If Skenazy believes that the “it was just a mistake” explanation should protect the mother from prosecution here, presumably she would make the same argument if all four kids (or just one) died. A lot of prosecutors feel the same way. I don’t.
  • If Mosley did this once, she may well have done it before, and is a risk to do it again. The best way to teach her not to do it again is, at very least, to scare her, inconvenience her, publicly embarrass her, and use the legal system to show how serious her wrongful conduct was, and how seriously society regards it. There is no guarantee that a lecture from a cop wouldn’t have just produced just an eye-rolling “Whatever…my kids were just fine, and I know how to take care of them” reaction, a repeat of the conduct, and eventually, a tragedy….followed, of course, by public accusations that the police were negligent and abandoned four children to the care of a dangerously reckless and incompetent mother.
  • I’m sorry, Lenore, but this-“How about showing some compassion for how hard it is to shop with four young kids, rather than making her life infinitely more difficult and despairing?” —makes me want to scream. How about not having more children that you can take care of safely? How about recognizing that your children’s safety comes first, with no exceptions, ever? How about meeting the minimum level of parenting competence, and not remaining ignorant about conduct that has been well publicized as cruel and potentially fatal to dogs, not to mention young children? In this case, compassion is a zero-sum game: compassion for the mother means showing none for her children.

When ethics fails, the law steps in. Too many children die every year from this tragic mistake that arises from distracted parenting, ignorance, and poorly aligned priorities. Prosecuting parents like this one for non-fatal incidents is exactly how the law serves as a societal tool to increase public awareness and encourage better conduct. It is in the best interests of Mosely’s four children as well as the children of every parent who reads about or hears her story to prosecute her to the full extent of the law.

_______________________________

Pointer and Source: Free Range Kids

Facts: Yahoo!, WSB

Flunking Responsibility, Honesty, Common Sense and Ethics: Gov. Deval Patrick, Sen. Patrick Leahy, Daily Kos, and Anyone Else Who Repeats This Idiotic Analogy

Deval Patrick

I thought I might run an ethics quiz asking whether this current and mind-bogglingly stupid argument that keeps popping up from my sentiment-addled Facebook friends is more unethical than the pro-Hamas hashtags being appended to twitter comments by the “Think of the children!” saps led by celebrities like Jon Stewart, Selena Gomez, and John Cusack. Pondering on it, however, I realized that as ethically misguided as Stewart at al. are, the above quote and its ilk are worse….especially since state governors and U.S. Senators have more credibility than comedians and Disney pop tarts. Not that they should, mind you.

If I really have to make a detailed argument explaining why Deval’s quote and  Leahy’s ( “Think of all those Jews that went to the ovens because we forgot our principles. Let’s not turn our backs now.”) are unforgivably irresponsible, we are just as dim-witted as those demagogues (or, more likely, as dim-witted as they hope and think we are.) The statements are no more nor less than an invitation to every parent of every child in every poor, war-torn, politically foul, culturally poisoned, dangerous, corrupt nation in the world to somehow get them to the U.S. border, paying shady and often treacherous agents to do so, because the United States will not “turn its back,” and turn them back. The question isn’t whether this is a legitimate, responsible or sane position worthy of debate and serious consideration: of course it isn’t. The question is how anyone can think it is. Continue reading

Ethics Quiz: Blaming the Messenger

"Hey, I just deliver the boxcar contents to someplace called "Aushwitz." It's not my business what's in them..."

“Hey, I just deliver the boxcar contents to someplace called “Aushwitz.” It’s not my business what’s in them…”

In 2013, the United Parcel Service Inc  agreed to forfeit $40 million in fees that it had received from illegal internet pharmacies shipping bootleg prescription drugs using UPS services, in exchange for a non-prosecution agreement with the U.S. Department of Justice. UPS also agreed to put policies and procedures in place to prevent illegal online pharmacies from distributing drugs through its shipping services in the future. Naturally, the faux pharmacies moved over to FedEx, and when that shipping service refused to cut a similar deal with DOJ under threat of prosecution, the government persuaded a Federal grand jury to indict the company for delivering drugs associated with internet pharmacies, and thus being a willing party to a criminal enterprise.

Now many are cheering FedEx as, in essence, an ethics hero for refusing to knuckle under to the government and accept responsibility where it has none. There are two arguments against the government’s prosecution of FedEx. One is that its natural result would be to require shipping companies to open every parcel and be certain that nothing illegal is inside. The other is that trying to eradicate crime and other misconduct by creating secondary service liability is inherently unjust. By pressuring credit card companies  to refuse payments to companies the government regards as breaking the law, for example, alleged illegal enterprises can be put out of business without the government having to meet its burden of proof to show they really are breaking the law. If the government can intimidate carrying companies into refusing the business of illegal pharmacies, then the illegal pharmacies never have to be prosecuted. There is a third argument, but it is irrelevant: that the government shouldn’t be prosecuting the crime of providing prescription drugs over the internet at all.  This is an entirely different and separate issue: The point is that the shipments are illegal now, and FedEx is facilitating them.

Your Ethics Alarms Ethics Quiz to begin what I sense will be a busy ethics week is…

Is FedEx an Ethics Hero?

Continue reading

Bulletin: It’s Unethical For Government Officials To Use Twitter

no-twitter

Many law firms and other companies specifically prohibit their employees from using social media.  The reasons should be obvious: social media use is inherently reckless and unacceptably risky for professionals and those with high profile jobs. This is especially, and I would say fatally true of Twitter. It is an accident waiting to happen, and the more powerful the user, the more damage the accidents will be.

The latest example is the saga of Richard Stegel, Under Secretary for Public Diplomacy and Public Affairs at the U.S. Department of State. He used his personal Twitter account yesterday to comment on the crisis triggered by the downed airliner in the Ukraine, prefaced the tweet with the State Department’s Twitter handle, and ended it with the hashtag #UnitedForGaza, which would appear to indicate his support of the Palestinians in its violent clash with Israel.

This is disturbing and diplomatically harmful for several reasons: Continue reading