breach of trust

The Ohio State Sexual Abuse Scandal: I Might Have Some Trenchant Ethics Observations On This Horrible Story If I Could Figure Out How The Heck It Could Happen.

/ Jack Marshall / 31 Comments

I don’t understand this story at all.

Richard Strauss, a now-deceased doctor who worked at Ohio State University, sexually abused at least 177 male student athletes and probably more during his two decades at the institution. Yet the worst consequences he suffered  was a short suspension. When he retired, Ohio State gave him  an honorary title.

Many, many administrators, coaches and students  knew about the ongoing abuse, which included fondling athletes’ genitals, performing sex acts on them and making lewd comments during exams. According to an investigative report released last week, none of them took decisive action. Of the 177 victims, 153 were student athletes or students affiliated with athletic programs at Ohio State, including 48 members of the wrestling program, 16 from gymnastics, 15 from swimming and diving, 13 from soccer, 10 from lacrosse and seven each from hockey, track and field and baseball.

Some students told officials about Strauss, who killed himself in 2005 (GOOD), but the complaints were ignored. The  report on the  investigation,conducted by the Perkins Coie law firm  concludes that Strauss’s abuse was an “open secret” on campus and athletes came to accept it as a form of “hazing.”

I repeat: I do not understand this at all. Continue reading →

The NBA Coach, The Secrets, The Loving Wife, And Twitter

/ Jack Marshall / 23 Comments

The Colangelos (though she goes by the name of Barbara Bottini)

This isn’t exactly a social media ethics story, not entirely. Yes, it reinforces the Ethics Alarms position that Twitter makes you stupid, and that it is an ethics disaster waiting to happen for the impulsive and the unwary. The main ethics lesson, however, lies elsewhere,

Bryan Colangelo resigned as the president of basketball operations for the Philadelphia 76ers two weeks ago despite leading his perennially doormat team to the NBA play-offs this season for the first time in many years. He resigned in the middle of a Twitter scandal. The Ringer, a sports website,  received an anonymous tip from someone who claimed that he  or she had linked five anonymous Twitter accounts to Colangelo. The accounts had all tweeted about internal matters relating to the 76ers players, personnel and business, even, in one tweet, defending Colangelo for his eccentric shirt collar style, which had been the topic of some social media mockery.

The Ringer contacted the 76ers, but only told the organization about two of the suspicious accounts, not all five. Colangelo informed the team that one of them, @Phila1234567, was indeed his, but insisted that he had never posted anything using it. Coincidentally, or probably not, the other three accounts that the Ringer had not revealed were suddenly switched from public to private after the  76ers had their little talk. After the Ringer published The Mystery Of The Insider Tweets,  the 76ers  hired a large New York law firm  to conduct an independent investigation. Over the course of a week, the firm collected several  suspicious laptops and mobile phones (well, it was the owners who were really the suspected ones; you can’t blame the devices), and retrieved text messages and emails. Investigators also analyzed the involved Twitter accounts to try to determine who was behind them. Continue reading →

Comment Of The Day: “Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?”

/ Jack Marshall / 5 Comments

The comments on this post about the sudden discovery that every computer extant was vulnerable to hacking thanks to two 20-year-old “flaws” were so detailed, informative and excellent that I had the unenviable choice of posting one representative Comment of the Day, or eight. Having just posted eight COTDs on another post last weekend, I opted for one, but anyone interested in the topic—or in need of education about the issues involved— should go to the original post and read all the comments. Forget the post itself—the comments are better.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post, Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

This is not likely to be a popular opinion among professional programmers, but I feel it needs to be said.

The excuse that computers are complex and that testing to remove all of these flaws would take a prohibitive amount of time just doesn’t hold water. I understand that security vulnerabilities are different from outright bugs: security vulnerabilities are only problems because people deliberately manipulate the system in unanticipated ways. Bugs happen when people inadvertently manipulate the system in unanticipated ways. Some of these ways are incredibly sophisticated and may be infeasible to anticipate. However, having supported computers for the past few years, I’ve seen bugs that should have been anticipated, and zero testing would be required in order to do so.

The problem with testing is that the people testing usually understand the software well enough to know how it is supposed to work, or they are given a few basic things to try, but they don’t have time to test a program with heavy use. Luckily, testing is not the problem.

The problem is that in many cases I’ve seen (and I’ve come to suspect most cases across the software industry) the input and output footprints of code modules are not documented (and if your code contains comments laying out the pseudocode structure, I consider you very lucky). From an engineering standpoint, the input footprint of a system or subsystem describes the conditions the system assumes to be true in order to work effectively. The output footprint describes what effects (including side-effects) the system has or could have on its environment, including if the input footprint is not fulfilled. Those aren’t the official names; I’ve just been calling them that. Continue reading →

Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

/ Jack Marshall / 61 Comments

(That’s Meltdown on the left, Spectre on the right.)

From the New York Times:

Computer security experts have discovered two major security flaws in the microprocessors inside nearly all of the world’s computers. The two problems, called Meltdown and Spectre, could allow hackers to steal the entire memory contents of computers, including mobile devices, personal computers and servers running in so-called cloud computer networks.

There is no easy fix for Spectre, which could require redesigning the processors, according to researchers. As for Meltdown, the software patch needed to fix the issue could slow down computers by as much as 30 percent — an ugly situation for people used to fast downloads from their favorite online services. “What actually happens with these flaws is different and what you do about them is different,” said Paul Kocher, a researcher who was an integral member of a team of researchers at big tech companies like Google and Rambus and in academia that discovered the flaws.

Meltdown is a particular problem for the cloud computing services run by the likes of Amazon, Google and Microsoft. By Wednesday evening, Google and Microsoft said they had updated their systems to deal with the flaw.

Here’s the best part:

“Amazon told customers of its Amazon Web Services cloud service that the vulnerability “has existed for more than 20 years in modern processor architectures.”

We trust the tech giants and computer manufacturers to give us secure devices. We then entrust our businesses and lives to these devices.

That there were such massive “flaws” in every computer, and that it took 20 years for those whom we trusted to discover them, is an unprecedented breach of competence, trust and and responsibility. Imagine auto manufacturers announcing that every car in the world had a “flaw” that might cause a fatal crash. I see no difference ethically.

And why is this story buried in the Times’ Business Section, and not on the front page, not just of the Times, but of every newspaper?

 

Salon Asks: “When Is A Leak Ethical?” NEVER. That’s When.

/ Jack Marshall / 58 Comments

Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson,  despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?”

Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.

Never.

She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.

Robertson writes:

“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”

1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.

2. Lawyers may not reveal confidences of their clients, except in specified circumstances.  Here is D.C. ‘s rule (my bolding): Continue reading →

Jimmy Kimmel Once Again Proves He Is An Ethics Corrupter And A Disgusting Agent Of Cultural Rot

/ Jack Marshall / 12 Comments

As you can see above, last night Jimmy Kimmel highlighted numerous parents who thought it was just hilarious to employ their own infants as objects of national ridicule. Encouraging child abuse for laughs is Jimmy’s specialty, as I’ve noted before. This was a bit different, because the children didn’t know they were being abused.

After using social media to recruit parents to participate in the segment called “Fat Baby Bingo,” Jimmy joined the couples in mocking their own kids’ chubby thighs and folds of fat as the audience laughed. I bet Jimmy could recruit enough couples for a segment if he wanted them to set their kids on fire.

Of course, this will be on the web forever. My son has pronounced himself mortified by his baby pictures, as many of us are embarrassed by ours. These parents held up their unaware children to the camera, all but naked in diapers, so Jimmy could make jokes about how fat they were. Abuse of power, breach of trust, infliction of humiliation without consent, cruel and irresponsible. Just because a child doesn’t know he is being made the object of ridicule doesn’t make it right.

The talking heads on CNN today, however, thought it was all hilarious.

To these parents, egged on by Jimmy’s usual contempt for the humanity of kids, their babies were just props, like the gag items used by Carrot Top in his act.

Go ahead, defend Jimmy Kimmel and the parents betraying the privacy and dignity of their own infants, by saying it’s all in good fun and harmless.

I’m ready for you.

“What’s Going On Here?”:The Secret Service’s Vindictive Leak

/ Jack Marshall / 16 Comments
I was going to use another "fish rotting from the head" picture, but Thomas of Beckett's murder---which Henry didn't direct, mind you!---seemed more appropriate.

I was going to use another “fish rotting from the head” picture, but Thomas of Beckett’s murder—which Henry didn’t direct, mind you!—seemed more appropriate.

Last week, we learned that Secret Service Assistant Director Edward Lowery suggested that unflattering information the agency had in its files about a Republican Congressman ­who had been critical of the service—and who hasn’t been?— should be leaked to public as the agency’s revenge. And it was.

“Some information that he might find embarrassing needs to get out,”  Lowry wrote in an e-mail to a fellow director on March 31, commenting on an internal file that was being widely circulated inside the service. “Just to be fair.” Soon an internet source reported that Rep. Jason Chaffetz (R-Utah), chairman of the House Oversight and Government Reform Committee, had applied to be a Secret Service agent in 2003 and was rejected. That information was part of a Chaffetz personnel file stored in a restricted Secret Service database and required by law to remain private.

During an inspector general’s investigation, Lowery denied that he directed anyone to leak the private information about Chaffetz to the press and said his e-mail was simply venting. How Clintonian. No, he didn’t direct anyone to do it: he just said that it should be done, as in “Will no one rid me of this troublesome priest?”

So far, this self-evident dodge has been enough to keep Lowery in his job, because as those who are honest and fair know, there is no accountability in the Obama Administration, and if a Republican Congressman is embarrassed, everyone knows the President is smiling about it. Lowry was  promoted to the post of Assistant Director for Training a month ago to help reform the agency after outrageous security lapses that Chaffetz had helped expose and criticize.

That’s some reformer! Continue reading →

Ethics Dunce: Above The Law

/ Jack Marshall / 3 Comments
Wait, you mean Above the Law ISN'T The News Nerd? Could have fooled me.

Wait, you mean Above the Law ISN’T The News Nerd? Could have fooled me.

The legal gossip and commentary blog “Above the Law” is a useful source of inside-baseball stories about the machinations and peccadilloes  of law firms, lawyers, judges and law students, and occasional hard news of special interest to lawyers. Today it sported an intriguing headline:

Samuel Alito Gets A Supreme Benchslap

…which was filed under the categories of Justice Alito, The Supreme Court, and benchslaps. The latter is legal jargon for a reprimand from a judge. The Supreme Court reprimanding one of its own justices is big news, and unprecedented. Like many others, I clicked on the link, and read a jaw-dropping, insulting rebuke of Justice Alito by Chief Justice Roberts, banishing him to  “to a minor appellate jurisdiction” until he writes ” a few decisions in some lower-pressure situations” and is ready to return.

The post explained at the end of the quote that Justice Alito had been temporarily removed from the Supreme Court and appointed to the Eleventh Circuit, and that, according to reports, Alito will be replaced by Judge Ricardo Gonzalez of the District of Puerto Rico.

Then Above the Law’s writer, Staci Zaretski, revealed that…

(This quote comes from The Onion, a satirical news site, but that in no way takes away from the overall awesomeness of imagining a Supreme Court justice being demoted as a form of spanking.)

Ah. So you just wasted my time, then.

I had begun to suspect that the Roberts quote was fake, both for its use of the neckname “Sammie” for one of his brethren, and also because it sounded so much like a manager’s explanation for why a player was being sent to the minors. Nevertheless, posting a fake story, announced with a plausible headline, is unprofessional and unfair to ABL readers: Continue reading →

Case Study In “When Ethics Fail, Law Takes Over”: Harvard’s Prof-Student Romance Ban

/ Jack Marshall / 12 Comments

Harvard_yard_winter_2009j

Harvard used to just say “it’s wrong,” but left it up to the faculty’s ethics in the school’s infinite faith in its own superior virtue. My Freshman Humanities professor, poet William Alfred, was married to a former student. As is usually the case in this matter, ethics alone often wasn’t enough to restrain the lust of  many aging, prestigious, powerful professors facing a veritable cornucopia of luscious, young, ambitious co-eds they could court using brains, worldly wiles, charm and the promise of good grades. Now the profs have more to bolster their self-control…from the New York Times:

Harvard University has adopted a ban on professors having sexual or romantic relationships with undergraduate students, joining a small but growing number of universities prohibiting such relationships. The move comes as the Obama administration investigates the handling of accusations of sexual assault at dozens of colleges, including Harvard.

The ban clarifies an earlier policy that labeled sexual and romantic relationships between professors and the students they teach as inappropriate, but did not explicitly prohibit professors from having relationships with students they did not teach.

Harvard said in a statement released Thursday that the change was made after a panel reviewing the institution’s policy on Title IX, the federal law prohibiting sex discrimination in education, determined that the university’s existing policy language on “relationships of unequal status did not explicitly reflect the faculty’s expectations of what constituted an appropriate relationship between undergraduate students and faculty members.” It said the committee revised the policy “to include a clear prohibition to better accord with these expectations…Besides banning sexual and romantic relationships between professors and all undergraduates, the policy also bans such relationships between teaching staff, such as graduate students, and the students who fall under their supervision or evaluation.

Good. Long overdue.

This is also an excellent use of Harvard’s status and leadership, as the oldest and most famous institution of higher learning. Other universities will now suddenly be responsible as well.

Gee, do you think Harvard took my advice?

Nahhh.

Is It Ethical For Professors To Date Students?

/ Jack Marshall / 48 Comments

teacher-student datingProfsBlog asks the question regarding law professors and law students, but the question doesn’t change by narrowing the definition. The question is really, and only, “Is it ethical for teachers to have romantic relationships with students?” The answer is, has been, and forever shall be, “No.”

The answer to an ethics question sometimes becomes obvious when it is apparent that every argument on one side is either a logical fallacy, an unethical rationalization, or the application of an invalid ethics principle. Such is the case here, and thus I somewhat question the motives of the author of the post, Kelly Anders. Wishful thinking, perhaps? Asking the question creates the illusion that there is a real controversy. In this case, there isn’t.

I addressed this question a long time ago, in an early post here barely seen at the time but among the most frequently visited since. I wrote:

[P]rofessors [are] obligated to maintain a position of authority, objectivity and judgment as mentors and teachers of the whole student body, and [have] a duty to their schools not to allow their trustworthiness to be undermined by having intimate relationships among the same group that they [are] supposed to be supervising and advising. Dating a student is a professional breach of trust, and one that adversely effects the integrity of the entire educational institution…. The appearance created when a supervisor/manager/leader indulges in intimate relations with someone over whom they have authority, status and power—and every professor has authority over every student, in class or out— undermines the institution and the profession, by sending the false message that such relationships are standard, approved, and implicitly desirable in the culture where they occur…A professor has a potential teacher-student relationship with all students at a university, not just those in his or her classes.

Dating a student who happens not to be in one of those classes is what lawyers call “a distinction without a difference.” Many students and professors will reasonably assume that the pairing arose out of the student-teacher relationship, and in some ways it almost certainly did. A teacher always has superior power over any student by virtue of his or her position of authority, and it is an abuse of that power to use it to entice students into dates or bed…

[It] is naive to ignore the extended conflicts such relationships create. Might the professor’s best friends on the faculty be more generous when grading their friend’s significant other if he or she is one of their students? Will the professor consciously or subconsciously be easier on the friends of his student lover if they are in his class? The fact that the question can be asked shows that the situation should not occur where it can be asked.

Students, all students, must be off-limits as romantic partners for professors and administrators in universities, regardless of what rules are in place.Professors who date students risk their jobs because a student body is not their sexual smorgasbord, and it is a breach of trust and duty to treat it like one.

I wouldn’t change a word, except that typo I just noticed, and just fixed in the original. Nor is anything I wrote then revolutionary or new. These are the realities of authority, professionalism, leadership and power. It’s just that sometimes people really, really wish they were not. Continue reading →