The Pat-Down Rebellion: Government Arrogance and Abuse of Power, Meet American Culture

We may be seeing a sterling example of the innate American resistance to intrusive and excessive authority, just when it looked as if many citizens were prepared to  accept reductions in their dignity, privacy and freedom that past generations would never have countenanced.

As usual, the fuse has been lit by a combination of incompetence, bad management, and arrogance. Since the tragedy of 9-11, airplane passengers have been remarkably passive and tolerant in accepting increasingly inconvenient and de-humanizing security procedures at airports. They have allowed political correctness to hold sway over fairness and logic, subjecting decrepit seniors,  ten-year-old girls and U.S. Senators to aggressive wanding rather than employing reasonable profiling techniques. They have allowed near-miss terrorist attacks caused by sloppy Homeland Security procedures and execution to be addressed by punishing the public with increasingly more intrusive search techniques. But when new procedures involving full-hand body searches were recently instituted without due warning, while the new full-body scanning devices were standing unused because of a shortage of trained personnel, anger, resistance and traditional American refusal to be pushed around finally made their appearance. Why, passengers are asking, must they be molested to compensate for intelligence failures? Where are reasonable alternatives? Why are we being treated this way? Continue reading →

Krystal Ball, the Dildo Nose, Human Nature, and Trust

Krystal Ball is a Democrat running for an open Virginia Congressional seat in the 1st District. Today, however, most Americans who know her at all only do so because some spectacularly embarrassing photos of her have gone viral on the Internet. In the shots, a Santa-clad Ball is shown in a series of suggestive poses involving a bright red dildo, which is fastened to the nose of young man wearing reindeer antlers. In some shots, she has Rudolph the Dildo-nosed Reindeer on a leash, just to add that dominatrix flair we all associate with the holidays. Continue reading →

Karen Owen’s “Fuck List” and the Rutgers Sex Video Suicide: Not So Different

Karen Owen is a recent graduate of Duke. Either they don’t comprehend the nature of the internet at Duke, or are graduating more than their share of cruel, thoughtless, reckless dolts, because Owen decided it would be a hoot to make a faux “senior thesis” Powerpoint presentation documenting her sexual activity with thirteen Duke athletes, none of whom gave consent to be named in her “study”. She classily dubbed it her “fuck list,” but it was unofficially titled “An education beyond the classroom: excelling in the realm of horizontal academics.”  (“Horizontal academics…get it?) Then she e-mailed the file to three “friends,” and, as you’ve probably guessed, one  or more of them sent it around to their friends, who eventually made it viral. Soon two websites decided to maximize the harm to all concerned, as websites are prone to do…especially websites called “Deadspin.” Continue reading →

The Right Lesson From The Rutgers Sex Video Suicide

The tragedy can be blamed on moral luck.…bad moral luck. The two Rutgers students who humiliated a classmate by secretly taping a gay sexual encounter between him and another young man and live streaming it onto the internet couldn’t know that their sensitive victim would jump off a bridge to his death in despair. Most students would not react this way. Some might have a breakdown; some might seek revenge. Some might not even care. Raunchy teen hi-jinx gross-out comedies often feature equally awful “jokes” or worse, depicted as just part of the carefree, amoral life among uninhibited youths. This time, however, the prank killed. Everyone will look at students Dharun Ravi and Molly Wei as monsters now, because of the unpredictable result brought about by their cruel violation of a fellow student’s dignity and privacy. Continue reading →

Mayhill Fowler and The Ethics of Quitting

The internet creates unfortunate opportunities for the fired, rejected, under-appreciated and disgruntled to do all sorts of harm to their previous employers and themselves. Former Huffington Post blogger Mayhill Fowler has considerately given us an object lesson in how not to leave a job, though at some personal sacrifice. Continue reading →

ER Ethics: “Oh…should I not have done that? Was that wrong?”

Most Unethical Facebook Conduct of the Week: Staff members at a Long Beach, California hospital took pictures of a gruesomely wounded man in the emergency ward (his throat was cut) and posted them on Facebook. Yes, they really did they did. Continue reading →

BREAKING NEWS! Blago’s An Unethical Lawyer, Too!

A librarian at Northwestern University found confidential attorney-client files in eighteen boxes of files belonging to Rod Blagojevich. The librarian purchased them at in an auction held by a moving and storage company that sold Blagojevich’s stored possessions after he stiffed the company on his storage bills. The files date from the ex-Illinois governor and current criminal defendant’s days as a prosecutor. Even though Blago no longer practices law (his bar status is inactive), his duty to protect prior client confidences is sacred and perpetual. The relevant Illinois Rule, 1.6, says:

(a) Except when required under Rule 1.6(b) or permitted under Rule 1.6(c), a lawyer shall not, during or after termination of the professional relationship with the client, use or reveal a confidence or secret of the client known to the lawyer unless the client consents after disclosure.

That means that leaving boxes of former client secrets statements, records and confidences in boxes stored in a facility where you’re not paying your bills is recklessly risking the privacy of those documents, and making it possible for them to fall into untrustworthy hands—not that Rod Blagojevich meets the minimal level of trustworthiness either.

Blago told the AP that he had no idea what was in the boxes. Wrong answer: he has a duty to know where his client files are and that they are secure. He also said that he didn’t know he was in arrears at the storage facility. Also wrong: staying current with the bills was his responsibility as part of his duty to protect his clients’ confidences.

That a man who ignored his duty to the public, and tried to use his power to appoint a U.S. Senator for personal gain, was also cavalier with his ethical duties to former clients should come as no surprise.  People who are unethical in one job are likely to be unethical in others.  And Rod…well, I think it’s fair to say that Rod Blagojevich is likely to be unethical no matter what he does, including eating and sleeping.

Yes, Sookie Stackhouse Is Unethical

From the You Find Ethical Controversies in the Strangest Places Dept., this post from “About the Occult”:

“There are many people (about 0.5%) who use PSI [psychic abilities, to you non-X Files fans] to do evil. Are there laws concerning that? Using ESP AT ALL should be ILLEGAL!!! It is UNETHICAL!!!”

The ethical analysis is certainly sound, even if the assumptions are flawed.

The Ethics Of Using A Facebook Mole

A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.

Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading →

“Genetic Surveillance” and Law Enforcement Ethics

The “Grim Sleeper” serial killer was caught because California authorities found a partial DNA match with an individual in its database. That meant that the killer was probably related to the owner of that DNA, and indeed he was. We see this approach on the various “C.S.I” shows, but in real life using family DNA to identify a criminal is relatively rare, because only two states, Colorado and California, permit a  “familial search,” the use of DNA samples taken from convicted criminals to track down relatives who may themselves have committed a crime.

Why only two? The science is reliable, and a familial search can narrow the pool of suspects to the point where solving a crime becomes inevitable. Nevertheless, civil libertarians argue that the technique raises privacy concerns. Michael Risher, a lawyer with the American Civil Liberties Union of Northern California, told the New York Times there was the possibility of innocent people being harassed in the pursuit of a crime. “It has the potential to invade the privacy of a lot of people,” he said. Continue reading →