Tag Archives: cyber-security

Morning Ethics Warm-Up, 9/16/17: Amazon Purges Reviews For Hillary, Equifax Must Die, Making Literature More Diverse, And The Red Sox Get Away With It…

GOOD MORNING!

1 “It would be wonderful, wouldn’t it?”

This is the response that the widow of writer Roald Dahl to a reporter’s suggestion that Charlie, the hero of Dahl’s “Charlie and the Chocolate Factory” (aka “Willy Wonka and the Chocolate Factory:) should be made black in a future “reworking” of the book. Recently Mrs. Dahl has claimed that Charlie was originally supposed to be black, but that her husband changed the character before the book was published. She blames his agent, who was, she says (none of this is more than hearsay) afraid that the book wouldn’t sell as well in American with a black hero. She blames “American sensibility.”

No, it wouldn’t be wonderful to start changing the races (and inevitably, genders and sexual orientations) in “reworkings” of literary classics. It would be unethical and irresponsible, as well as a defilement of the author’s visions and creations. Whatever the reason was, and we cannot know it regardless of what Mrs. Dahl now claims, Charlie was white in Dahl’s book. If he had wanted his book to be about a black child, or a little girl, or a Muslim transsexual, the author would have made it so. If someone obsessed with tribal identity politics wants to write a new adaptation under their own name so we can jeer and mock him or her, swell. But it isn’t any more “wonderful” to “rework” Dahl’s own story this way than it is to make Bob Cratchit black, or Captain Ahab black, or Bigger Thomas in “Native Son” Asian-American.

Of course, a stage or film adaptation of the book can cast it any way it chooses.

2 The major business ethics story this past week has been that data security breach by credit giant Equifax. An estimated 143 million Americans now face identity theft for the rest of their lives because the company wasn’t competent to be in the business it was in. It’s that simple. The ways in which Equifax blundered into allowing all this data to be hacked are legion, with more revelations almost daily. My personal favorite is that it neglected to install a patch that would have made its files more secure, delaying for months for no good reason.

Business analysts point out that despite this massive demonstration of ineptitude, the company is not likely to suffer more than the cost and inconvenience of a class action lawsuit or five. The companies that pay Equifax weren’t harmed by the breach, just the lives of the credit-seekers who they use Equifax to check. Nobody seems to think that even this massive misconduct will put Equifax out of business.

The company has dumped some executives, and will probably dump some more, reorganize, and padlock that barn door securely now that the horse has fled. TooLate. The company is untrustworthy, and more than that, companies like Equifax that gather personal information about innocent citizens need to be scared sick about what will happen to them if they can’t keep the information from falling into malign hands. Equifax needs to be put out of business. Its leaders and management need to be imprisoned, fined so severely that they are reduced to eating cat food, or blacklisted so their future employment is limited to bait shops and traveling carnivals. Continue reading

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The Unibomber Had A Point. [UPDATED]

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading

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Now THIS Is An Untrustworthy Legislative Staffer…And Incidentally, We’re Doomed

In March of 2016,  Stacey Plaskett, the delegate to the United States House of Representatives from the United States Virgin Islands’s at-large congressional district. entrusted her iPhone and its password to staffer Juan McCullum, who copied nude images and videos of legislator after offering to take the phone to an Apple store for repairs.

After he left Plaskett’s office, McCullum created a Hotmail account and “sent at least eleven e-mail messages to multiple persons, including politicians, members of the media, and other persons known to [Plaskett].” The e-mails contained “one or more of the nude images and videos,” according to this week’s indictment against McCollum. He also created a Facebook account, uploaded the visual content, and then Facebook-friended people in Plaskett’s district to spread the nude images far and wide.

A few questions: Continue reading

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Morning Ethics Warm-Up: 7/13/17

Good Morning!

1. I owe Robin Meade an apology. The astoundingly bright-eyed, bushy-tailed HLN morning host has been used here as an an example of the sexism of broadcast news media producers, and it is true that she is uncommonly attractive even by “news babe” standards. However, I have come to realize that she is also a unique talent, and more than just a pretty face and figure. Meade has natural presence and charisma, projects genuine optimism and and an up-beat nature, and most unusual of all, doesn’t spin the news or tilt her delivery to signal her own opinion. She’s really good at what she does. I’m sorry Robin; I was biased against you because you are attractive, which is just as wrong as being biased for you. You’re a pro, through and through.

2. Constitutional law expert Eugene Volokh (who is also my favorite candidate for a Supreme Court post if one opens up) published what I consider to be a definitive refutation of the claim that receiving opposition research, as in “damaging information about Hillary Clinton,” is a crime under current law. He also makes a case that it couldn’t be criminalized under future law:

“It would raise obvious First Amendment problems: First, noncitizens, and likely even non-permanent-residents, in the United States have broad First Amendment rights. See Bridges v. Wixon, 326 U.S. 135 (1945) (“freedom of speech and of press is accorded aliens residing in this country”); Underwager v. Channel 9 Australia, 69 F.3d 361 (9th Cir. 1995) (“We conclude that the speech protections of the First Amendment at a minimum apply to all persons legally within our borders,” including ones who are not permanent residents).

Second, Americans have the right to receive information even from speakers who are entirely abroad. See Lamont v. Postmaster General, 381 U.S. 301 (1965). Can Americans — whether political candidates or anyone else — really be barred from asking questions of foreigners, just because the answers might be especially important to voters?”

The professor concludes not. I hadn’t even considered the First Amendment issue in determining that the election law prohibition against receiving “anything of value” benefiting a candidate from a foreign nation or individual was not intended to preclude mere information, but Volokh’s argument seems air tight. Continue reading

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KABOOM! A Head-Explodingly Unethical Lawyer!

I have never heard of a lawyer behaving this unethically in such a reckless and transparent manner. I have never heard of anything close to this.

Michael Potere, 32, a recently fired former associate at the large law firm Dentons was arrested last week on charges of trying to extort $210,000 and a valuable artwork from the firm, according to a criminal complaint filed in federal court.

According to his profile on LinkedIn, Potere had a Fulbright Scholarship,  a master’s degree in public policy and administration from the London School of Economics., and had been an associate at renowned law firm Kirkland & Ellis. Something was amiss, however, as Dentons let him go on June 1. Potere did not take this blow well. He reacted by telling partners that he had taken potentially  embarrassing sensitive information from the firm and would leak it all to the legal gossip site “Above the Law” unless he was paid $210,000 and given  a valuable  piece of artwork owned by the firm.

Potere was able to steal the confidential information because a partner gave him  access to his email login information while they were working on a case in 2015, so the associate could access documents related to discovery requests in the case. After he learned that he was being fired, Potere used that login to search through the partner’s emails and download the sensitive documents, including emails between partners, quarterly financial reports, client lists, confidential reviews of associate attorneys, lists of equity partner candidates, documents describing billing rates, details of recruitment efforts, and memos describing how partners should approach clients with outstanding balances” according to the FBI. Continue reading

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The Ethics Alarms “Fake News” Project: Seeking Ethics Distinctions Among Web Hoaxes, False Narratives,”Fake News” And Negligent, Incompetent or Biased Reporting (PART I: The New York Times School Voucher Headline)

I LOVE this story! I wish it WERE true!!!

I LOVE this story! I wish it WERE true!!!

Yesterday’s New York Times included a story headlined  Free Market For Education: Economists Generally Don’t Buy It, and it stated,

The odds are good that privatizing education will be part of the agenda for President-elect Donald J. Trump’s administration. […] You might think that most economists agree with this overall approach, because economists generally like free markets. For example, over 90 percent of the members of the University of Chicago’s panel of leading economists thought that ride-hailing services like Uber and Lyft made consumers better off by providing competition for the highly regulated taxi industry.But economists are far less optimistic about what an unfettered market can achieve in education. Only a third of economists on the Chicago panel agreed that students would be better off if they all had access to vouchers to use at any private (or public) school of their choice.

While economists are trained about the value of free markets, they are also trained to spot when markets can’t work alone and government intervention is required.

That summation, however, was misleading to the point of falsehood. As the Scott Alexander points out at his blog Slate Star Codex,  the source for the story indicated something quite different—materially different:

economists_views

Got that? Scott Alexander writes:

Continue reading

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A Special Ethics Alarms “Fake News” Friday Bulletin: Obama Calls The Hacked DNC E-Mails “Gossip” [UPDATED]

gossip

As I write this, President Obama is using his press conference to spin the Russia-Wikileaks hacked e-mails story. In addition to snidely implying that Americans are idiots for allowing such relative trivia to sway their votes when so much of substance was at stake (note that there is no evidence that any votes were thus swayed), the President referred to the content of the DNC e-mails as “gossip.” Gossip is generally defined as “casual or unconstrained conversation or reports about other people, typically involving details which are not confirmed as true.” Calling the contents of Podesta’s e-mails and others “gossip” is deliberate disinformation by Obama—a lie. The most important revelations were definitely not “gossip.” Like these:

  • A 12-page memo written by Doug Band,  longtime aide to Bill Clinton, describes using his consulting firm to raise money for the Clinton Global Initiative as well as direct personal income for the former president. It describes how Band rallied clients of his firm, Teneo, to contribute directly to Mr Clinton for “in-kind services for the President and his family – for personal travel, hospitality, vacation and the like” referring to that fund as “Bill Clinton Inc”.

The memo confirmed that several companies directly paid the former president for his speeches or advice, while making contributions to the Clinton Global Initiative.  One client, Coca Cola, received a face-to-face meeting with the former president at his home in 2009, after contributing millions to the non-profit foundation.

Verdict: Not gossip, but smoking-gun evidence of Clinton influence peddling.

  • On the fateful day that news of a private email server broke, John Podesta emailed Neera Tanden, who worked for the Clinton campaign in 2008 and has remained a close adviser, to complain, saying, “We’ve taken on a lot of water that won’t be easy to pump out of the boat”, he wrote in September 2015 as Clinton staff feared that Vice President Joe Biden would join the Democratic primary race. “Most of that has to do with terrible decisions made pre-campaign, but a lot has to do with her instincts. Almost no one knows better [than] me that her instincts can be terrible.” In the email exchange, Mr Podesta also complained that Clinton’s personal lawyer David Kendall, and former State Department staffers Cheryl Mills and Philippe Reines “sure weren’t forthcoming here on the facts here”. Mrs Tanden responds “Why didn’t’ they get this stuff out like 18 months ago? So crazy.”

Tanden later answered her own question saying, “I guess I know the answer. They wanted to get away with it.”

Verdict: Not gossip. These were assessments of those who know Clinton best, and their questioning her judgment was significant, as is the last comment, which completely undermines the year-long Clinton camp denial that there was anything amiss with Hillary’s handling of e-mail at State. It would be admissible in court to show state of mind and that the Clinton camp had lied. Continue reading

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