Tag Archives: hacking

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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THREE Comments Of The Day (Really Useful Ones): “Tech Dirt’s Mike Masnick On The Internet Privacy Bill”

There were not one but three excellent, informative, detailed comments, one after the other,  in response to the post about the GOP’s elimination of the recent Obama FCC regulations of Big Data gathering by broadband providers. Technology competence is, I believe, the greatest looming ethics issue for the professions, and it is important for the general public as well. All three of these Comments of the Day are educational. If only the news media and elected officials were as well-informed as Alex, John Billingsley, and Slick Willy.

I am very proud of the level of the discourse on Ethics Alarms, and these three Comments of the Day on the post Ethics Quote Of The Month: Tech Dirt’s Mike Masnick On The Internet Privacy Bill are prime examples.

First, here’s slickwilly:

How to be safe with electronic data

First rule: anything online is vulnerable, no matter who secures it. It follows that any computer/device connected online is also vulnerable.

Second rule: Public WiFi is hack-able, and doing so is not that difficult. Someone just has to want to. Using it for playing games could make you vulnerable, and using it to access your financial information (banks, brokers, etc.) is stoopid

Third rule: Anything you do electronically is forever. Any tweet, snap chat, Facebook post, cell phone text or conversation, email, web post, browsing activity, and anything else may be saved by someone. Some of those are harder to get than others: browsing activity takes a snooper on the data line, or a court order to set a snooper up at your ISP. For instance, all cell phones activity is now all saved by the NSA, including where the phone was when. No, no one looks at it, not until they have a reason to research a person, perhaps years later. ‘Smart’ TVs can record you in your own home, without your knowledge, unless you take steps to stop it (electrical tape over cameras/microphones is a start, but still not enough)

Fourth rule: Any public activity can be recorded today. Besides CCD cameras everywhere and license plate readers on many roads, facial metrics can track you in most urban and many rural areas. Even going into the desert or mountains could be spotted via satellite, should the motivation be enough to look your way.

So don’t leave your computer connected to the Internet 24/7 (a power strip that stops electricity from reaching the computer helps cut connectivity when ‘off’), do nullify the ability of other devices to spy on you in your home, and never say anything electronically you do not want going public. Use complex passwords, and never the same for multiple sites. Password safes are better than written notes (and Apple Notes are silly to use for this.) How much you protect yourself depends on your level of paranoia.

Do you have something to hide? A secret you would rather not be made public? Do not document it electronically! Or use the method below.

Now, how to be safe with electronic information: Place it exclusively on an air-gapped (no network connection at all) computer. Place that computer in a heavy steel safe. Encase that safe in concrete, take it out to a deep ocean trench, and drop it overboard. Forget the coordinates where you dropped it.

The point is, nothing is fool-proof

You can take steps to lower the probability that your information gets out, but even using paper and quill pen was only so good as the physical security the document was placed under. Learn some simple steps and you will remove yourself from the radar of most predators. People are careless, apathetic, and just plain dumb, so anything you do helps keep you safer.

I keep such information in a secure, encrypted flash drive that is not stored in a computer USB slot. Could someone break the encryption, should they find the drive and wish to spend the effort? Sure. But if they want me that badly they will get me, one way or another. Why would they? I do not have any deep dark secrets or hidden crimes in my past. Even so, why should my business be available to anyone just to browse through?

Your mileage may vary, but doing nothing is unethical in my responsibilities to my family.

Now John Billingley’s contribution:

Continue reading

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Filed under Business & Commercial, Comment of the Day, Ethics Alarms Award Nominee, Health and Medicine, Professions, Rights, Science & Technology, The Internet

Comment Of The Day: The Russian Cyber-Attack Report: Observations And Questions

putin

Ethics Alarms is grateful to reader Greg, the author of this first Comment of the Day of the New Year, for supplementing the recent post here, and providing a critical and more detailed assessment of the intelligence community’s much ballyhooed report on its conclusions regarding Russian cyber-attacks during the 2016 election, with the alleged purpose of defeating Hillary Clinton.

I am particularly relieved that he shares my own reaction to the report, which simply did not deliver on what was promised by James Clapper in the hearings earlier in the week. Oddly, the news media and almost everyone I know miraculously seem to think it did.  The two key issues I, and I assume everyone, wants clarified is 1) whether Russia was indeed trying to elect Donald Trump, as opposed to generally gumming up the works, embarrassing the likely President (Clinton, of course), undermining public faith in the democratic system, and basically making everyone involved look like fools, knaves, and boobs (Note that Trump appeared to be handling his side of that task all by himself) , and 2) did their efforts in fact have any effect on the results? Answering the first clearly and decisively is essential to understanding the second: to most people, if Russia’s actions were designed to make Trump President, and in fact Trump did shock the world by becoming President, this creates a rebuttable presumption that in fact the Russian Government, and Vladimir Putin in particular, did affect the results of the election. That millions of people regard the matter in this way is certain, because we know that millions of people are desperately searching for some conspiracy or sinister outside agency to explain an event that shattered their expectations and world view.

We also know that the false belief that the sequence Conduct  A is intended to cause Result B, A occurs,  B occurs after A, ergo A caused B, is widely accepted, because public school  teachers are too busy teaching that the United States oppresses minorities  to get around to logic.  Now, that sequence is utter crap, validating, among other things, superstitions and rain dances, but never mind most people think that way.

Yet the report provides no evidence to support the intelligence community’s conclusions in either matter. I find that incomprehensible, and also irresponsible. What the report does  say, in essence, is, “Trust us, we’re experts,”  and leaves the rest to confirmation bias. Could the authors not have provided some evidence to support these conclusions? If not, why not?

Here is Greg’s Comment of the Day on the post, The Russian Cyber-Attack Report: Observations And Questions:

This so-called “25-page report” is almost entirely padding and filler. I read it and I don’t see anything in it that adds to what we knew before the report was issued. Continue reading

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The Russian Cyber-Attack Report: Observations And Questions

The first page of the Joint Analysis Report narrative by the Department of Homeland Security and federal Bureau of Investigation and released on Dec. 29, 2016, is photographed in Washington, Jan. 6, 2017. Computer security specialists say the technical details in the narrative that the U.S. said would show whether computers had been infiltrated by Russian intelligence services were poorly done and potentially dangerous. Cybersecurity firms ended up counseling their customers to proceed with extreme caution after a slew of false positives led back to sites such as Amazon and Yahoo Inc. Companies and organizations were following the government’s advice Dec. 29 and comparing digital logs recording incoming network traffic to their computers and finding matches to a list of hundreds of internet addresses the Homeland Security Department had identified as indicators of malicious Russian intelligence services cyber activity. (AP Photo/Jon Elswick)

From The New York Times today:

President Vladimir V. Putin of Russia directed a vast cyberattack aimed at denying Hillary Clinton the presidency and installing Donald J. Trump in the Oval Office, the nation’s top intelligence agencies said in an extraordinary report they delivered on Friday to Mr. Trump.

The officials presented their unanimous conclusions to Mr. Trump in a two-hour briefing at Trump Tower in New York that brought the leaders of America’s intelligence agencies face to face with their most vocal skeptic, the president-elect, who has repeatedly cast doubt on Russia’s role. The meeting came just two weeks before Mr. Trump’s inauguration and was underway even as the electoral votes from his victory were being formally counted in a joint session of Congress.

Soon after leaving the meeting, intelligence officials released the declassified, damning report that described the sophisticated cybercampaign as part of a continuing Russian effort to weaken the United States government and its democratic institutions. The report — a virtually unheard-of, real-time revelation by the American intelligence agencies that undermined the legitimacy of the president who is about to direct them — made the case that Mr. Trump was the favored candidate of Mr. Putin.

The Times story is a mostly fair, if incomplete, description of the report itself, which is a provocative, disturbing and infuriating document. Damning? I don’t know about that. Anyone can damn something, but to be sure the damning is just requires evidence.

Observations and Questions:

1. The report isn’t evidence of anything. It just isn’t, and anyone or any source that states otherwise is misleading us. It would not be admissible as evidence if Russia or Putin were on trial in the U.S. for trying to influence the 2016 election. The document is a statement of opinions after analysis of material and sources we are not allowed to see. At the beginning, the report goes to great lengths to explain why this is, and the explanation is sound. Unless, however, the position we are supposed to take is that the intelligence community is to be assumed to be 100% correct, uninfluenced by bias, and  ought to be believed without reservations despite the presence of hard evidence, the declassified report is a statement by experts of an analysis based on experience and study, of exactly what, we don’t know.

2.Regarding the Times story: the intention of the news media to undermine the Trump Presidency and bolster Democrats who want to blame their candidate’s defeat on anything but her own weaknesses and conduct  appears to be on display in the Times story. For example, we have this statement:

“The Russian leader, the report said, sought to denigrate Mrs. Clinton, and the report detailed what the officials had revealed to President Obama a day earlier: Mr. Trump’s victory followed a complicated, multipart cyberinformation attack whose goal had evolved to help the Republican win.”

The leaping to the logical fallacy of post hoc ergo propter hoc (“after this, therefor because of it”) is both a human tendency to be avoided and well-known. This statement appeals to it, intentionally, or incompetently. The fact that Trump’s shocking victory came after the cyber-attacks does not mean or even suggest that the attacks were responsible for that result. The Times immediately, in the next sentence, even states that “The 25-page report did not conclude that Russian involvement tipped the election to Mr. Trump.” Well, those are mixed messages. Do I, based on the uninterrupted anti-Trump attitude of the Times in its headlines, placement of stories, tone and pitch of news reports, op-eds and editorials, conclude that the mixed message is intentional or sparked by negligence seeded by bias?

I do.

3.  Much further down in its story, the Times admits, Continue reading

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The “Russian DNC Hacks”: Who Do You Believe, And Why Should You Trust Them?

russia-sign

Here at Ethics Alarms, the starting point for ethical analysis is the question, “What’s going on here?” It’s impossible to reach a fair and useful conclusion about where any conduct falls on the right/wrong scale unless one has a clear picture of what the conduct is--what happened and why. The still percolating saga of the  hacked Democratic National Committee e-mails so far defies ethical analysis, because so many of the key facts are in doubt, so much of their impact is a matter of speculation, and virtually all of the participants, sources and advocates for one interpretation or another are untrustworthy.

I have never seen anything like it.

“What’s going on here?” I really have no definitive answer, but lets slog though the muck:

I.   Some of what’s going on here is that Democrats, progressives and Clinton bitter-enders are making a concerted effort to use the fact that troubling DNC e-mails were released to the news media and the internet late in the Presidential campaign to prove the theory that Russian interference with the election was responsible for the victory of Donald Trump. This, they argue in turn,  justifies regarding Trump as an “illegitimate President,’ thus justifying ignoring the election results, defying the election results, impeaching Trump immediately, blocking his swearing in, treating him in discourse and conduct as if he had just been convicted of beastiality rather than elected President, “doing something” to “stop him,” and obstructing anything he tries to do to govern.

Another way of putting it is that Democrats want to throw the nation into something perilously close to a Constitution crisis, a revolution, a civil war, and the unraveling of the nation itself because they couldn’t manage to win an election that should have been a breeze, and they refuse to accept accountability.

2. This, I can say without restraint, is unethical beyond question, and despicable as well.

3.The Russian hacks theory is the fourth wobbly leg of the Democratic Party’s  “We refuse to accept the results of the election because Trump is unfit to be President as shown by the fact that he said he might not accept the results of the election” position. The other legs: 1)  the Electoral College isn’t a legitimate way to choose a President, even though it would have been if it elected Hillary Clinton, and should be retroactively repealed, discarded or defied 2) Trump was elected by morons, racists, xenophobes, woman-haters and morons, while the virtuous, intelligent Americans voted for Hillary, and they know best, and 3) The head of the FBI, who saved Clinton’s candidacy by a very generous interpretation of her highly suspicious conduct after a strangely informal interrogation, thus causing Republicans to question his independence and integrity, intentionally sabotaged Clinton’s coronation by keeping his public promise to Congress that he would alert it if there were any new developments.

Since these are 1) ignorant 2) anti-democratic and 3) ridiculous, all adding up to pathetic and desperate, the weight of the whole effort now rests on Leg #4.

4. Much of the mainstream news media is bolstering that leg by short-handing the story in headlines and print as Russian “hacking of the election.” This characterization is a lie. The ongoing Ethics Alarms Fake News Project, which is dedicated to settling on what “fake news” is (another “What’s going on here?” inquiry) questions how this is any less fake news than “Pope Tells Followers To Support Trump.” Both are intentional lies, designed to confuse and mislead, with the mainstream media lie far more insidious, since only microcephalics are even a long-shot to buy the Pope story, whereas the Democratic Deranged, unhinged by confirmation bias and an inexplicable trust in journalism, are eager to accept the Russian lie. Fact: nobody, anywhere, has alleged that the Russians “hacked the election.” The only way an election gets hacked is when there is interference with the vote totals. “The claim that the ‘election was hacked’ is a bit of a misnomer,” writes former CBS reporter Sheryl Atkinson. “There’s no standing allegation by U.S. officials that the Russians (or anyone else) “hacked” into our elections system or altered vote counts.”

No, the term “bit of a misnomer” is a misnomer for “lie.” I would describe Atkinson as a hack by engaging in such equivocation to shield her colleagues, but that might confuse people. Continue reading

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Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading

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The Seventh Annual Ethics Alarms Awards: The Worst of Ethics 2015, Part 1

Donald and Hillary

Sigh.

Watching the (encouraging) Iowa Caucuses results drip in last night, I was reminded that I hadn’t finished the task of completing the Seventh Annual Ethics Alarms Awards for 2015’s Worst in Ethics. There are two reasons for my tardiness: a lot of other ethics issues have arisen of late, and this job makes me physically ill. It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty.

Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…

Ethics Train Wreck of the Year

trainwreck

The Illegal Immigration Ethics Train Wreck

One reason 2015 was a train wreck fest was that last year’s winners, the Ferguson Ethics Train Wreck, which begat the Freddie Gray Ethics Train Wreck, both begat by the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, and The Obama Administration Ethics Train Wreck, were still running amuck this year as well. The latter managed to run head-on into the immigration mess, with the President over-stepping his Constitutional limits to decide unilaterally not to enforce the law, and the Middle East foreign policy fiasco, causing Democrats to bury their heads in the sand and deny that admitting unvetted Syrian refugees into the country was unacceptably dangerous, and Republicans to start talking like 1930s Germans. Then everyone was demonizing the issue, including the President and all of the Presidential candidates. Runners-up: The Donald Trump Presidential Campaign Ethics Train Wreck and the Hillary Clinton Presidential Campaign Ethics Train Wreck

Fraud of the Year

Rachel Dolezal, the militant, angry, anti-white NAACP official who, we discovered, was lily white and had magically become black by “identifying” so.  This ridiculous episode neatly encapsulated the entire year, which included sexual predator-enabler Hillary Clinton becoming a feminist champion by identifying as one, Bruce Jenner turning himself into herself by just saying so (and cashing in as a result), and President Obama making failed policies successful by repeating over and over that they were. RUNNER-UP: The Illinois Lottery, which first lures poor citizens into paying millions they can’t afford for a distnat chance at a jackpot, and then doesn’t pay up when one of them wins.

Incompetent Elected Officials of the Year

Every elected official involved in the Flint, Michigan water disaster. Plenty of unelected officials were accountable too, but I don’t have a category for them.

Sexual Predator Of The Year

 Bill Cosby. He won this category handily in 2014, and added about 20 more alleged victims to his total this year. Who know how long he will hold the title? Meanwhile, his own Ethics Train Wreck sucked in Walt Disney World, the Smithsonian, and Claire Huxtable, among others.

Runner-up: Bill Clinton. Karma’s a bitch. Continue reading

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