unconsented recordings

KABOOM! Just…KABOOM!

/ Jack Marshall / 42 Comments

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Now I think understand why Ann Althouse, an intelligent, rational lawyer and law professor, has begun holding a “Most Loved Rat” contest on her blog to see which of her rat doodles are most popular. I’m less creative, I guess (though I also draw good rat cartoons!)—my head just explodes. It exploded last night.

It’s hard to explain exactly what did it.  Here I was, watching a series of baseball play-off games (since the Red Sox had been eliminated by the Cleveland Indians the day before), and Neil Patrick Harris appeared yet again to tell me that “Heineken Light makes it OK to flip another man’s meat.” (I wrote about the gratuitous vulgarity of this ad here. Apparently this makes me a homophobe.)

Wait…isn’t flipping another man’s meat sexual assault? What is the difference, in lack of respect and sexual assault ethics, between grabbing a woman by the pussy, as Donald Trump so eloquently put it, because you’re a rich celebrity, and flipping another man’s meat because…of beer? 
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Nobody Cares, But NBC Has Been Wildly Unethical In The Trump-Bush Video Affair

/ Jack Marshall / 15 Comments

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NBC deserves to be condemned for its conduct in many ways in reference to the Trump Pussy Tape episode, going back eleven years.

1. NBC technicians allowed Trump to continue talking without his realizing that his microphone was on. Unethical, and unprofessional, as well as a pure Golden Rule violation. Basic decency, fairness and professionalism requires that when a guest is doing this, his mistake must be  made known to him at the earliest possible time. This is the rule when someone continues to speak on a conference call believing the call has ended. It is the ethical thing to do  when you are in a bathroom stall and your opponents in a law suit start discussing strategy while they are washing their hands. I have several times, at taped seminars, begun to answer questions during a break and realized that I was still being recorded. Sometimes a technician has reminded me. Worse (but funnier) I have done a full “Naked Gun”, using the Men’s Room while wearing a live mic…and the technician dashed in to get me to turn it off, just in time. (Well, almost.) Allowing a guest to embarrass himself on tape as Trump did is despicable and unprofessional in every way.

2. NBC betrayed its own employee, Billy Bush, by not alerting him, either.  Disloyal, unfair, and uncaring.

3. Once the recording was made, it should have been destroyed as soon as anyone in authority realized the participants were speaking without knowing the mics were on.

4. Attorney Robert Barnes makes a compelling argument that NBC’s conduct violated California Penal Code 632, which criminalizes the act of any person who “without the consent of all parties” records their conversations. Of course, violating the law is also unethical. Trump might  have a just lawsuit, though the damage can’t be undone: the pussy’s out of the bag, so to speak.

5. Bush, as an NBC employee, should have been told about the recording and its contents long, long before it was made public. NBC was obligated to inform him as a basic courtesy. Continue reading →