U.S. Society

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 →

The Damage of Health Care Reform “By Any Means Necessary”

/ Jack Marshall / 5 Comments

I have no idea whether the health care reform bill, assuming it finally gets passed in one form or another, will make things better or worse, and if you are honest about it, neither do you…and neither, I am certain, do most of the elected representatives who will have voted for it or against it (or for it and against it) by the time the dust clears. To only cite the most obvious proof, the bill’s current form was just posted yesterday, giving Congress 72 hours to read and understand over 2,000 pages of technical jargon and badly-written prose. I don’t believe I have ever read 700 pages a day for three days at any point in my life, and if I have, I know it had to be something more diverting than a health care bill.

Relying on second-hand analysis—also by individuals who haven’t read the current bill—simply puts us (and the members of Congress) at the mercy of the biases of those rendering the opinions. For example, one of my favorite commentators, Robert Samuelson, has persuasive arguments against the bill here and here, while one of my least favorite, Paul Krugman, weighs in on the bill’s virtues here and here. Now, I think Krugman has squandered his credibility by blatant untruths in the past (One howler, his infamous statement about the national health care systems of Canada and Great Britain that “We’ve all heard scare stories about how that works in practice; these stories are false” is derisively quoted almost daily by Wall Street Journal blogger James Taranto as he relays tales of national health care horrors from the London press), but the man has won a Nobel prize: maybe he’s right and Samuelson is wrong. I really don’t know.

I do know this, however: whether the bill proves to be disaster or panacea, the manner in which President Obama and the Democrats have gone about passing it has done real and lasting harm.  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.]

Remember Davy Crockett (and thank you, Fess Parker!)

/ Jack Marshall / 4 Comments

If you don’t remember Fess Parker, who died this week as an 85-year-old winery owner, you missed the Fifties. Parker played Davy Crockett in Walt Disney’s TV miniseries about the lively Tennessee frontiersman, and did it with such sincerity and style that he not only turned coonskin caps into a national craze, he also rescued Davy Crockett from creeping obscurity. Continue reading →

Ethics and Irony: the Postman Rings Twice for ACORN

/ Jack Marshall / 15 Comments

“The Postman Always Rings Twice,” James M. Cain’s novel that is better known as a 1946 film noir classic starring Lana Turner and John Garfield, has a famous ironic twist. The story’s hapless drifter narrator escapes punishment for a murder he helped commit, but gets executed anyway for a death that was really an accident. Cosmic justice is done, if not legal justice. It turns out that the postman rang twice for ACORN, the Association of Community Organizations for Reform Now, too. Continue reading →

Ethics Dunce: Judge Darrell Russell

/ Jack Marshall / 6 Comments

Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading →

The Sestak Affair, the White House, and the Corruption of America

/ Jack Marshall / 2 Comments

The Rep. Joe Sestak affair, still playing out, is a depressing reminder of how the process of corruption works, and more depressingly, how corruption spreads like a virulent flu, leaping from individuals  to organizations to institutions and finally to our culture itself.

Back in September, the Denver Post ran a well-sourced article stating that in order to protect Democratic Sen. Michael Bennett from the threatened primary challenge of popular former state Colorado House Speaker Andrew Romanoff, the White House, in the person of Jim Messina, President Barack Obama’s deputy chief of staff, told Romanoff  that a plum position in the administration would be his if he avoided the primary. The Post’s sources said that Messina offered specific suggestions, including a job at USAID, the foreign aid agency.  Romanoff, who apparently turned down the deal and is currently opposing Bennett in Colorado, refused to answer any questions.

This was treated as a local story, and the national media ignored it. Then, last month, a similar story surfaced, this time from a Congressman. Pennsylvania Congressman Joe Sestak, gearing to to run against party-switching  U.S. Senator Arlen Specter in the Pennsylvania primaries, told a Philadelphia TV news anchor that “someone” at the White House tried to discourage him from running, and also offered him a job (rumored to be Secretary of the Navy)  if he would back off. Like Romanoff, Sestak refused.

Again, hardly anyone paid attention, because all the national media wanted to do is talk about health care reform, the economy, and really important stuff like how Ellen was going to do on American Idol. Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 10 Comments

“One of my students this year has a vaguely Hispanic name but is literally the whitest girl you’ve ever met. Her mother straight out asked, ‘If we mark she’s Latino on the application, is that something that they would ever challenge?’ I told her honestly my best guess, which was no. And, if early admissions are any indication, it seemed to work.”

—-A  guidance counselor (and former Ivy League admission officer) at a private school in the South, quoted by Kathleen Kingsbury in her report for The Daily Beast on dubious college admission tactics.

This, of course, is completely unethical for both the student and the counselor, who is exactly like a tax attorney or accountant who lets a client know that his fraudulent return will almost certainly not be audited by the I.R.S. Both of those professionals violate their ethics codes by aiding and abetting such conduct, and the quoted counselor is just as bad.

What should the counselor have said? 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 →