privacy

Proof of Faulty Ethics Alarms in the Business World

/ Jack Marshall / 1 Comment

We tend to think that unethical conduct by individuals in business arises from “bad” individuals, people who either have no ethics alarms at all, or those whose alarms are merrily ringing loudly while they go about their corrupt ways. Certainly there are people like this, but it is increasingly clear to me that most people behave unethically because they have been completely confused by the rationalizations and unethical arguments all around them. Combine this with the absence of ethics training in the schools, and you have a large segment of the public with ethics alarms that are like digital alarm clocks carelessly set to go off at 7 PM  instead of 7 AM. (An analogy that occurs to me now because that’s exactly what I did last night.)

A stark example was on display over the weekend at Computer World, where Mark Gibbs helpfully presented an ethics quiz to his readers entitled “Seven ethical questions.” 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.]

Public Privacy and the Ubiquitous Camera

/ Jack Marshall / 2 Comments

Everybody has a camera…well, almost everybody. Thanks to cell phones, we can be recorded in still or video formats almost every second of the day. We are our own Big Brother.  So much so, in fact, that it is hard to muster too much fright and indignation over increasing use of public cameras by the government. Boston police, for example, now have immediate access to street video of shootings, robberies, and homicides on many city streets, and use real time images to send information about the suspects and crimes to responding officers. Continue reading →

Outing the Judge

/ Jack Marshall / 12 Comments

“Judge Being Gay a Nonissue During Prop. 8 Trial” says the San Francisco Chronicle headline…outing the judge in the Proposition 8 trial as gay.

If it the judge’s sexual orientation is a non-issue, why does the paper believe it is ethical to reveal it? Continue reading →

A Nation of Unethical Superheroes

/ Jack Marshall / 5 Comments

Among some more substantive questions in the current Vanity Fair’s “60 Minutes”/Vanity Fair poll was this one:

“Suppose you could have THE POWER OF A SUPERHERO. Which power would you choose?”

The choices presented were super strength, flying, invisibility, the ability to read minds, and x-ray vision. When the votes were tallied, the largest group, by far, was made up of those who chose mind-reading.

It is just a silly poll based on fantasy. I still find it alarming that 35% chose the ability to read minds, an unequivocally unethical power. Invading anyone’s private thoughts is per se unethical, although it does beat waterboarding. In a distant second place, with 21%  of the votes, was flying, one of the two ethical powers among the options, along with super strength. The unethical powers—mind-reading, invisibility and x-ray vision—attracted 57% of the votes over-all.

There is nothing wrong with having unethical fantasies as long as they stay fantasies. Still, I would feel better about my fellow citizens if I didn’t think so many of them would choose to violate my privacy and learn my confidences if they had the chance. Now that I think about it, I’m not sure I could trust Superman.

Reid on Obama: When the Apology is Worse Than the Offense

/ Jack Marshall / 2 Comments

Publicly apologizing for conduct that wasn’t wrong creates a cultural misconception that such conduct is wrong. This confuses and misleads everyone. It would be nice, not to mention responsible and courageous, for public figures who find themselves being attacked by public opinion mobs for “offending” the wrong person or group, to demand some precision regarding their so-called offense before begging for forgiveness.

This is obviously too much to expect from politicians, perhaps because they seem to have such a difficult time figuring out the difference between right and wrong in the best of circumstances. Rep. Joe “You lie!” Wilson apologized, but made it clear that he was proud of what he did, making his apology a formality rather than a genuine expression of regret. Now Senate Majority Leader Harry Reid has quickly apologized for private comments he made about Barack Obama, reported in a new campaign ’08 backroom gossip book by journalists Mark Halperin and John Heilemann. Because the reporting of Reid’s comments has resulted in his being accused of racism, and because Reid himself has been quick to accuse others of racism when it suited his purposes, the apology was inevitable. It also has written another incomprehensible definition into Washington’s “Things Politicians Can’t Say” Code. Continue reading →

Is Gossip Unethical? Is the Pope Catholic?

/ Jack Marshall / 9 Comments

A recent Wall Street Journal blog post included this surprising statement:

“Amid a rise in office gossip, researchers are disagreeing over whether it is fundamentally good or bad.”

Pardon? Dictionaries are unanimous in defining  gossip as “idle talk or rumor, especially about the personal or private affairs of others.” That’s pretty clearly unethical, wouldn’t you say? Continue reading →

Student Booze, the Police, and the Facebook Mole

/ Jack Marshall / 5 Comments

The battle to define what is right and wrong regarding social networking sites continues. The Philadelphia Bar Association has decided that it is an ethics violation for a lawyer to recruit someone to make a Facebook “friend request” to a witness to pass on to  the lawyer  the contents of  the witness’s Facebook page. The ethics committee wrote that this was dishonest conduct by the lawyer even though the witness willingly accepted the fake “friend” and would have accepted almost anyone who asked. The same tactic was pulled on University of Wisconsin-La Crosse student Adam Bauer, who has over 400 Facebook friends and who accepted a friend request by an attractive young woman he didn’t know because, well, she was an attractive young woman. She was working for the police, however, and found photos on the site of Adam and a friend, Tyrell Luebker, with adult beverages in hand. They both were ticketed for underage drinking, and ended up paying a fine. Continue reading →