The Internet

Cool It

/ Jack Marshall / 2 Comments

To listen to the conservative talk radio circuit and read the Right’s wing of the blogosphere, one would think that the United States is in the midst of a coup right out of “Seven Days in May,” or a foreign take-over like the one portrayed in “Red Dawn,” or even an alien infestation by disguised lizards, as in the sci-fi mini-series “V.” Hysteria is everywhere. Dark threats of revolution are not being whispered, but shouted. “I really think civil war is inevitable,” one blogger wrote yesterday.

Holy Gamoly! Continue reading →

Provocative Ethics Reading for a Sunday

/ Jack Marshall / 3 Comments

If your endangered Sunday newspaper is as shrunken from cost-cutting as mine, you may need some extra reading material as you wait breathless for the results of the House vote on health care reform. Here are some provocative ethics pieces from around the web:

So Much For “Don’t Be Evil”: YouTube and Google Ethics on Display

/ Jack Marshall / 3 Comments

The Business Insider has posted evidence gathered by Viacom in its lawsuit against Google, consisting primarily  of e-mails and instant messages. It is far from conclusive on the legal issues, which revolve around YouTube and Google’s unauthorized use of copyrighted material. It is very conclusive, however, regarding how often any ethics alarms went off with various Google and YouTube executives as they contemplated bottom line issues: rarely.

Here is a startling example.  In a 2005 e-mail exchange YouTube co-founder Steve Chen reasoned thusly: Continue reading →

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.]

Web Ethics, Due Diligence, and the Happy Maxi-Pad

/ Jack Marshall / 5 Comments

There is no denying it any more. It is per se unethical to pass along information discovered on the web to anyone, much less to put it on a blog or in an e-mail, until you have performed due diligence and determined with reasonable certainty that it is accurate and true.

All the more reason, then, to praise the Snopes “urban legends” website, which does a superb job tracking down and clarifying web hoaxes, rumors and other misinformation. A lot of the latter isn’t even intentional, but the consequences of not checking the facts can still be significant and harmful,

I thought about this after encountering an amusing bit of web lore that many of you may have already seen, on aan old blog post that introduced the piece like this: Continue reading →

Self-Destruction Ethics Alarms: A Woman’s Unethical Quest For Fat

/ Jack Marshall / 3 Comments

Yesterday, the world heard about Donna Simpson, a New Jersey woman who weighs in at about 500 pounds. She sasy she wants to be the fattest woman alive, and is managing her diet and exercise to achieve that lofty goal. Of course, all those Twinkies and pork rinds cost a lot of money—her weekly grocery bill averages more than $800—so she earns extra cash by putting herself on Gluttoncam, or whatever she calls it, where freakophiles can watch her gorge herself online for a reasonable fee. Her partner, the news reports say, is completely supportive. “I think he’d like it if I was bigger,” giggles Donna. “He’s a real belly man and completely supports me.”

Okaaaaay….

Obviously this situation is unusual…at least, I hope it is. Still, it raises many difficult ethics questions, some with broad implications:

  • We are told that it is cruel, greedy and heartless for insurance companies to withhold coverage for “pre-existing conditions,” and should be compelled to insure everyone without regard to special risks. Does this apply to Donna Simpson? Continue reading →

Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

/ Jack Marshall / 2 Comments

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading →

Why Professional Reviewers Are Unethical, and Why We’ll Be Better Off Without Them

/ Jack Marshall / 5 Comments

When Variety recently announced that it was firing its in-house film and drama critics, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in The Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares about theater to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.” (And also: “QUALIFIED?”) If there has ever been an excessively influential non-professional profession that caused as much damage as reviewing, I’m not sure I want to know about it. The end of full-time film and drama critics as we know them can only prove to be a boon for artists and audiences alike. Continue reading →

Ethics Dunces: Prof. Peter Tague and Chief Justice John Roberts

/ Jack Marshall / 4 Comments

In today’s world of text-messaging, Twitter, Facebook and e-mail, intentionally throwing a rumor into a crowded room is only marginally better than falsely shouting “Fire!” in a crowed theater. Thus Ethics Alarms regretfully has to pronounce Georgetown Law Center professor Peter Tague’s puckish stunt of last week irresponsible and unethical.

Demonstrating how unreliable it was to accept media accounts from un-named sources, Prof. Tague told his first year law class that he had learned from a “reliable source” that Chief Justice John Roberts was about to announce his retirement. Some nimble-fingered Twitter-user (or many) promptly sent the rumor into cyberspace, where it rapidly found its way onto scoop-hungry websites, especially those made giddy by the prospect of President Obama having the chance to replace one of the Supreme Court’s most conservative judges with a progressive one. By the time Tague announced to the class that his “scoop” was a fraud, just thirty minutes later, the fake story was multiplying like a virus. Continue reading →

Hollywood Ethics: Variety’s Conflict of Interest Problem

/ Jack Marshall / Leave a comment

That show biz media “bible”, Variety, finally seems to have reached the point where it can no longer pretend that its inherent conflicts of interest don’t exist. The magazine is simultaneously in the business of promoting movies, TV and stage shows, accepting expensive ads from producers, and depending on inside access for its reporting,  yet it purports to offer objective critical reviews of the output of the very people and companies whose patronage it depends upon to exist. It’s an impossible balancing act, and truth be told, Variety reviews have never had much credibility in Hollywood or anywhere else. But whatever pretense of integrity the publication had came crashing down with a lawsuit by Calibra Pictures, a small independent film company that had signed a $400,000 contract with Variety in which the publication promised to help Calibra’s new release, “Iron Cross,” ( featuring the final performance of the late, great, Roy “We’re gonna need a bigger boat!” Scheider, who died in 2008) find both a distributor and critical acclaim. [ Ethics Violations #1 and #2—Dishonesty and Breach of Integrity: Don’t promise what you can’t deliver, and don’t sell your independence and objectivity] Continue reading →