fairness

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.]

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 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 →

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 →

Nomar, Beantown, and the Legacy Obligation

/ Jack Marshall / 5 Comments

Organizations have histories, and that means they have debts to pay. Time moves on, and personnel changes, but the organization that neglects the human beings who played major roles in defining their image, goals, achievements and success has breached its integrity, and violated its Legacy Obligation.

For nearly eight seasons, shortstop Nomar Garciaparra was the face, heart, and soul of the Boston Red Sox. A spidery gymnast in the field who completed the Holy Trinity of Hall of Fame-bound shortstops—Jeter, A-Rod and “Nomah” —who lit up the American League in the mid-Nineties, Garciaparra was a home-grown fan idol. He did everything wonderfully and with panache; Ted Williams, the city’s reigning baseball god, pronounced him his official successor.

Then, suddenly, it all unraveled. Continue reading →

Astrology Ethics

/ Jack Marshall / 7 Comments

Considering absurd hypotheticals can still be valuable. Consider this ridiculous question from a site with the tautological title, “Astrology or Superstition?” :

“Would it be unethical to use astrology to gain advantage over someone in the work environment?”

Obviously not, because astrology is a crock. But if it were not a crock, what would the answer to this question be? Continue reading →

Pit Bulls and Bigotry

/ Jack Marshall / 16 Comments

Writer Charles Leerhsen has experienced a conversion. After witnessing his best friend being viciously attacked and nearly killed on a city street without provocation, he has embraced bigotry with both hands. Now he writes screeds condemning not the attacker, but all individuals of the attacker’s race. In a passionate and angry essay for The Daily Beast, he denigrates not only those individuals but also anyone who defends them, such as “certain PC urban professionals who long to tell the world that they are super-sensitive and understanding souls.”

It’s an ugly essay, emotional, doctrinaire, and illogical, employing the well-worn racist technique of generalizing from the individual to the group and back again. Why would any respectable media outlet print such bile?

Perhaps it is because Leerhsen’s best friend was Frankie, a Wheaton terrier, and Frankie’s attacker was a pit bull. Continue reading →

“Raving Private Gump”: Tom Hanks Lets Political Correctness Eat His Brains, and Gets Called On It

/ Jack Marshall / 4 Comments

I am a big fan of Tom Hanks’ work as an a comic, a dramatic actor, a producer, and in drag, but he has been reliably attached to what may end up being the most infuriating quote of the year. If not the most infuriating, then at least the most ignorant and irresponsible.  In an interview with historian Douglas Brinkley in a Time magazine feature about his upcoming HBO series on World War II in the Pacific, Hanks said this:

“Back in World War II, we viewed the Japanese as ‘yellow, slant-eyed dogs’ that believed in different gods. They were out to kill us because our way of living was different. We, in turn, wanted to annihilate them because they were different. Does that sound familiar, by any chance, to what’s going on today?”

If you are not now running in circles, wide-eyed and screaming, you should be. Continue reading →