manipulation

Here’s A First: Kansas Suspends A Lawyer For Facebook Bullying

/ Jack Marshall / 22 Comments
It's unethical for a lawyer to play a sad violin over Facebook??? Why yes, it is!

It’s unethical for a lawyer to play a sad violin over Facebook???  Why yes, it is!

Eric Michael Gamble was representing a biological father opposed to the adoption of his daughter, which had been approved by the 18-year-old mother.

After Gamble deposed the young woman, he messaged her on Facebook in a shamelessly manipulative fashion, saying…

‘I wish to offer you some reasons why you should stand up and fight for your daughter. As you know, I am the attorney for [the biological father]. We held your deposition in my office. I wanted to give you the chance to make things right. This may be your last opportunity to be a mom for [the baby]. As I told you after your deposition in my office, it is not too late. You still have a wonderful opportunity to have a real relationship with your daughter if you so choose. I have attached a document for you to consider signing and bringing to court or to my office. It is a revocation of your consent to adopt. If you sign this document there is a very good chance that you will be able to call [the baby] your own and [the baby] will call you her mom. I can’t begin to explain how beautiful and wonderful parenthood is. I have a little girl myself and she is my world just like you are your dad’s world. [The baby] deserves to know her parents. She deserves to know that you love her and care for her as well. Do not let this opportunity pass you by because you will live with this decision the rest of your life and [the baby] will know someday what happened. [The adoptive parents] do not legally have to ever let you see her again after court (although they are probably trying to convince you otherwise with the idea of an ‘open adoption’). The reason why you don’t know about the trial was because they don’t want you there because that doesn’t help [the adoptive parents] case. This is your time to get rid of the guilt and standup and do what is right and what [the baby] deserves. She deserves to have her parents love and care for her. She deserves to know her grandparents and extended family. If she’s adopted, she won’t have that chance. [The biological father] wants to be her dad and to love her. She deserves that. I urge you to print, sign, and notarize this document and bring it to my office before court. Trial is June 27, 2013, at 9:00 a.m. at the Johnson County Courthouse, Division 15. I hope to see you and your father there.’

What’s wrong with this? The legal ethics rules protect unrepresented parties in a matter from exactly this sort of pressure. Rule 4.3, in Kansas and elsewhere, prohibits a lawyer from giving advice to adversaries of his or her client, which statements like “This is your time to get rid of the guilt and standup and do what is right and what [the baby] deserves” clearly are. The rules also require lawyers to treat all participants in the justice system with fairness and respect. That message constitutes neither. Rule 4.4 says that “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.” Gamble has a defense, of course: his substantial purpose was to have the adoption dropped like his client wanted, but since he wasn’t supposed to be talking to her anyway (other than to advise her to get a lawyer), that wasn’t going to fly. Rule 8.4, meanwhile, says that a lawyer must not “engage in conduct that is prejudicial to the administration of justice.”

After he lost the case, Gamble reported himself for the Rule 4.3 violation. This is usually a good tactic to encourage lenient treatment, but in this case, it didn’t work. In suspending Gamble for six months, the Kansas Supreme Court seemed to invoke all three of the violated rules, as it wrote,

“…As the hearing panel noted, respondent “attempted to manipulate the biological mother and, as a result, interfered with justice.” Respondent’s conduct “amounted to emotional blackmail” of an unrepresented 18-year-old who was dealing with a process that was already “’emotionally exhausting.'” His “electronic message was designed to embarrass, burden, and create guilt in the mind of the biological mother.” These “bullying tactics directly reflect on [respondent’s] fitness to practice law as an attorney.” Consequently, we hold that the respondent should be suspended for a period of 6 months. A minority of the court would impose a longer period of suspension. We unanimously order a reinstatement hearing under Rule 219.”

And the social media claims another victim.

Addendum: I was remiss, in posting this, not noting that the underlying issue in the lawsuit is a far more serious and complex ethical and legal one than the topic of this post: the matter of unwed mothers putting their new borns up for adoption without the father’s consent or participation. That has been a battle royale on Ethics Alarms twice, and you can review it here.

_________________________

Pointer: ABA Journal

Facts: Legal Profession Blog

How Media And Academic Bias Make Us Stupid: The “Personal Freedom Study”

/ Jack Marshall / 25 Comments

freedom

“STUDY: American personal freedom now ranks below 20 other nations…” reads a link in this morning’s Drudge Report.

That is NOT what the study shows….not even close.

The link goes to an Examiner story headlined “Under Obama, U.S. personal freedom ranking slips below France.” That’s a little better, but it’s also misleading. Both headlines are attempts to spin a study that tells nobody anything about how much freedom there is in the U.S., under President Obama or otherwise. The study, meanwhile, is easily spun because it was badly conceived, is itself of dubious value, and was also probably the result of a researchers grinding their own axes.

It is early, and I am pretty sure that the cable news sharks and the internet pundits will be latching on to this garbage study in droves, with the result being mass confusion in the public. That’s right: the world of scholarship and research, and the world of journalism, will conspire to make the public less informed than it already is, setting it up for the handiwork of future Jonathan Grubers and the parties that employ them.

You see, the study doesn’t even purport to measure “freedom” in any objective way across different nations. Continue reading →

How Statistics Abuse Make Us Lazy, Biased, Misinformed and Stupid: The Slate Dog Chart

/ Jack Marshall / 24 Comments

Dog-Breeds-MAIN

A pet peeve (HAR!!!): computer geeks and statistics experts reducing complex issue into “simple” charts and graphs that have apparent credibility because of their form rather than their substance. I encounter this seductive form of fake erudition—“You can’t argue with statistics!”—in every field I explore: baseball, politics (Sorry, Nate Silver), social science, science (climate change models are a spectacular example), education. “Simple, straightforward” arrays of statistics that hide biases, dubious assumptions, projections, value judgments, undisclosed definitions, and who knows what else are presented to persuade on the false representation that they are “hard” representations of fact.  Very frequently, they are not, and when they are not, they incompetent, irresponsible and dishonest. Also arrogant to the core.

You could find no better example of this than this dog chart, by David McCandless, which purports to summarize “big data”—read: “data that can be manipulated to show whatever you want it to show” indicating which dog breeds are “over-rated,” as well as how they score on a “costs and benefits” scale. The fact that anyone could take such a garbage graphic seriously is unsettling, but of course, it will only impress people who know absolutely nothing about dogs and dog breeds. That’s what all such arrays of statistics are for: to convince and mislead those who are too lazy or uninformed to really understand the topic at hand and its complexities, but who want to lay claim to an “informed opinion.”

Just look at this monstrosity (you can read it better here): Continue reading →

Ethics Hero: Minnesota Twins Pitcher Phil Hughes

/ Jack Marshall / 5 Comments

Phil Hughes

This is the final day of the regular baseball season, and an appropriate time to salute a major league player who placed principle over cash….even if I disagree with him

Phil Hughes was a bargain pick-up during the off-season for the Twins, a failed pitching phenom for the Yankees widely viewed to be on a fast slope to oblivion. He surprised everyone with a wonderful season for the otherwise woeful Minnesota team this season, potentially setting the all-time strikeout-to-walk ratio record, and began his final start of the campaign needing to throw eight and a third innings to reach 210 and trigger a $500,000 bonus in his contract.He would have made it, too, pitching eight dominant innings against the Diamondbacks and allowing just one run.  Then there was a downpour, with Hughes needing one more out to get the  extra $500,000.

After more than an hour’s rain delay, the game was resumed, but as is the practice in baseball, Hughes did not return to pitch: too long a delay, his arm too cold, too much risk of injury, especially after throwing so many pitches.  Hughes accepted the bad luck without complaint or rancor, saying that “some things aren’t meant to be.” Continue reading →

Unethical Website Of The Month: OKCupid…The First Corporate Fick!

/ Jack Marshall / 7 Comments

cupid5af

The ignominy of mere Ethics Dunce status is too good for OKCupid CEO Christian Rudder and his online dating service, and Unethical Website of the Month doesn’t do it justice either. The online dating website has revealed itself as an ethics outlaw, and a smug one. It is lying to its customers,  toying with the lives of vulnerable people who trust it, and doesn’t see anything wrong with its conduct.

That qualifies OKCupid as a Corporate Fick, the first ever so-identified here. As stated in the blog glossary of terms and concepts, a fick is someone who openly and blatantly violates social norms of responsibility, honesty or fairness without shame or remorse. That description fits OKCupid to a fare-thee-well.

In case you missed the story, the website revealed—proudly, in fact—that it intentionally set up users with bad dates, or mismatched by its own compatibility formulas, to see how people would behave. The uproar over Facebook’s undisclosed manipulation of users’ moods prompted the disclosure.Facebook’s experiment violated research ethics standards, and the company was misrepresenting both law and ethics when it claimed that they had Facebook user’s consent to use them as cyber lab rats. That was bad. This is infinitely worse. Continue reading →

Flunking Responsibility, Honesty, Common Sense and Ethics: Gov. Deval Patrick, Sen. Patrick Leahy, Daily Kos, and Anyone Else Who Repeats This Idiotic Analogy

/ Jack Marshall / 7 Comments

Deval Patrick

I thought I might run an ethics quiz asking whether this current and mind-bogglingly stupid argument that keeps popping up from my sentiment-addled Facebook friends is more unethical than the pro-Hamas hashtags being appended to twitter comments by the “Think of the children!” saps led by celebrities like Jon Stewart, Selena Gomez, and John Cusack. Pondering on it, however, I realized that as ethically misguided as Stewart at al. are, the above quote and its ilk are worse….especially since state governors and U.S. Senators have more credibility than comedians and Disney pop tarts. Not that they should, mind you.

If I really have to make a detailed argument explaining why Deval’s quote and  Leahy’s ( “Think of all those Jews that went to the ovens because we forgot our principles. Let’s not turn our backs now.”) are unforgivably irresponsible, we are just as dim-witted as those demagogues (or, more likely, as dim-witted as they hope and think we are.) The statements are no more nor less than an invitation to every parent of every child in every poor, war-torn, politically foul, culturally poisoned, dangerous, corrupt nation in the world to somehow get them to the U.S. border, paying shady and often treacherous agents to do so, because the United States will not “turn its back,” and turn them back. The question isn’t whether this is a legitimate, responsible or sane position worthy of debate and serious consideration: of course it isn’t. The question is how anyone can think it is. Continue reading →

Ethics Strike Three And Four Against Facebook In Its Creepy Mood Manipulation Study

/ Jack Marshall / 13 Comments

Facebook is so out.

"Meh. Look at this neat picture of my dog!"

“Meh. Look at this neat picture of my dog!”

Ethics Strike One was the research itself, using its own, trusting users as guinea pigs in a mad scientist experiment to determine whether their moods could be manipulated by secretly managing the kind of posts they read from Facebook friends.

Ethics Strike Two was the lack of its subjects informed consent for the study, violating the basic standards of human subject research. A boilerplate user agreement that makes a vague reference to using data for “research” in no way meets the requirements of informed consent for this kind of study.

This brings us to Ethics Strike Three.  In justifying the legality and ethics of the research, Facebook’s researchers explained that leave to perform such experiments was consistent with the user agreement (See Strike Two):  “[the experiment] was consistent with Facebook’s Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research.” As I pointed out above and in my previous post on this topic, this isn’t informed consent as the research field and various ethics codes define it. But even if it was, this statement is a lie. Continue reading →

Obnoxious, Offensive, And Unethical: Facebook “Research” Turning Users Into Guinea Pigs

/ Jack Marshall / 4 Comments

guinea-pig

Facebook apparently has been manipulating the feeds that some users get to see in order to measure how it the content affects the tone of their own posts.

You can read about the research here; I’m not publicizing it, because the Facebook’s research is an abuse of users and their trust. I don’t mind them reading my posts, for they own the service, and the service is in their name. I assume they will use my data and content to make money, but I didn’t agree to allow them to manipulate me, or what I write, feel, or think. I’m also not especially optimistic about the uses the results of such research might be applied to.

The researchers claim that the research is ethical because a computer program scanned for words that were considered either “positive” or “negative,” but the Facebook content wasn’t actually read. Facebook  terms of service state that user data may be used “for internal operations, including troubleshooting, data analysis, testing, research and service improvement.”

Since Facebook users agree to the terms of service, the researchers argue that this constitutes “informed consent” for their experiment.

Wrong.

Also ridiculous.

Continue reading →

Obamacare Game Plan: The Lies Worked, Now On To Deceit

/ Jack Marshall / 47 Comments

gameplan

As President Obama was in the midst of his unseemly, unwise and typically unleaderlike victory lap over the Obamacare sign-up figures, Tonight Show comic Jimmy Fallon had the cheek to point out that it’s amazing how many people will sign up for something when the law says they have to. (In a slightly different version of the same point, Daily Standard editor Bill Kristol said on ABC today that this is like  saying, “…you’ve got to give the Soviet Union a lot of credit. 200 million people bought bread in their grocery stores. If it’s the only place you can buy health insurance, they’re going to get people to buy health insurance there.”)

Yes, that would be an example of the near constant spin and deception that the President and Democrats have been relentlessly throwing at the American public regarding the “success” of the Affordable Care Act.

The way I would put it, as indeed I did when I was shouting at the TV screen during the President’s statement in the wake of the final totals on March 31, is that how many people sign up for the Affordable Care Act doesn’t make the law successful. Whether the law accomplishes its goals at an acceptable cost will determine if the law is successful. Whether the government proves to be capable—as all evidence to date suggests it isn’t—of administering such a complex and wide-reaching law will determine if it’s successful. Most of all, the fact that the law almost certainly can’t be repealed now doesn’t make the Affordable Care Act a success, and any politician who thinks that way should be despised and distrusted.

No law should ever be beyond the possibility of rejection or repeal, if it becomes obvious that it was poorly conceived or that another approach would be better. I understand that’s not the way our busted system currently “works,” as horrible, expensive, corrupt, unworkable and wrongful laws routinely become imbedded in bureaucratic cement, and that the last large scale law to be repealed was probably Prohibition. This forward-ratcheting effect is one of the factors that makes our growing debt so frightening, as our leaders lack both the will and the means to stop anything, no matter how ill-considered, once it has a budget and a lobby. But for any national leader, especially the President, to celebrate this dangerous and dysfunctional feature of American lawmaking is profoundly disturbing, and demonstrates a preference for political warfare over governing. (This is perhaps, understandable in Obama’s case, as he is adept at the former and hopelessly inept at the latter.)

The goal, may I remind all participants, is to come up with policies that are good for the nation, not to “win” by inflicting laws that the other side can never remove. “HA! We won! Now you’ll never be able to repeal the lousy law we rammed down the country’s throat!” (of course, I’m paraphrasing) is unseemly, and shows toxic and unethical priorities .

Whether the verdict on the ACA law is ultimately positive or not—and despite what the pols say, the jury is obviously still out—it should never be forgotten or forgiven that its path has been paved with lies. Yet another one came to light this week. Leading up to March 31, press releases, tweets and blog posts from the Administration emphasized that the last day in March was the final opportunity to get health insurance in 2014, as in this White House blog post on the so-called “deadline”:

Continue reading →

Loathsome Jerk Bites Dumb Gold-digger

/ Jack Marshall / 2 Comments
Fly, meet Spider...

Fly, meet Spider…

I was going to make this an Ethics Quiz, but in part because I find Howard Stern so repugnant that I am incapable of not assigning blame to him, and mostly I am certain that the fact someone consents to do something self-destructive and stupid does not excuse the party who intentionally tempts her with an invitation, I am making this call myself.

Radio’s premiere shock jock, knowing full well that spurned Mel Gibson mistress Oksana Grigorieva would forfeit the remaining $375,000 of her settlement with the actor if she talked publicly about their relationship, invited her on his show. Then, using gentle questioning and seductive tones, Stern got the woman to say just enough violate the settlement terms, which were subsequently declared void by a judge. From TMZ: Continue reading →