20 People Found Refuge In A Famous Paris Bookstore During Attacks; Huffington Post, 11/14/15

Ron Dicker, Huffington Post; 20 People Found Refuge In A Famous Paris Bookstore During Attacks:

"A famous Parisian bookstore turned into a makeshift shelter Friday, housing 20 customers who waited out the attacks, according to Twitter users.

Patrons at Shakespeare and Company, the Left Bank literary institution opened in 1951 by American George Whitman, watched from darkened windows as police raced by. They called friends and relatives, and checked on the news, Harriet Alida Lye told The Guardian...

Author Jamie Ford, who recently visited the store, was one of many to tweet about Shakespeare and Company. He told The Huffington Post: "There's a communal spirit about that place, so the idea that they would take in strangers (in need or otherwise) wasn't a huge surprise, but was definitely a much needed reminder of how beautiful humanity can be on a terrible night.""

Encrypted Messaging Apps Face New Scrutiny Over Possible Role in Paris Attacks; New York Times, 11/16/15

David E. Sanger and Nicole Perlroth, New York Times; Encrypted Messaging Apps Face New Scrutiny Over Possible Role in Paris Attacks:

"“I think this is going to open an entire new debate about security versus privacy,” said Michael Morell, a former deputy director of the C.I.A., whose book this year, “The Great War of Our Time,” traced the efforts, and failures, in tracking terror plots.

“We have, in a sense, had a public debate” on encryption, he said over the weekend on CBS News’s “Face the Nation.” “That debate was defined by Edward Snowden,” the former National Security Agency contractor who revealed much about the agency’s efforts to break encryption. Now, he said, a new argument will be “defined by what happened in Paris.”"

Anne Frank’s Diary Gains ‘Co-Author’ in Copyright Move; New York Times, 11/13/15

Doreen Carvajal, New York Time; Anne Frank’s Diary Gains ‘Co-Author’ in Copyright Move:

"Copyright protections vary from country to country. The classic novella “The Little Prince” fell into the public domain this year in much of the world but remains under copyright in France because of an exception that grants a 30-year extension to authors who died during military service in World War I and II.

Some critics of the foundation have already tested its resolve by posting bootleg copies of the diary online.

Olivier Ertzscheid, a lecturer in communications and researcher at the University of Nantes, received a warning letter this month from a French publisher of the diary after he started circulating a copy online in protest. He removed it, but he and a French politician, Isabelle Attard, said they were waiting to see what happens in January before pressing forward with a plan to encourage publication of the original manuscript more widely online.

“The best protection of the work is to bring it in the public domain, because its audience will grow even more,” said Ms. Attard, who noted that her own Jewish relatives were hidden or deported during the German occupation in France. “What is happening now is a bluff and pure intimidation.”

The foundation insists that by issuing an early warning of its intent to extend the copyright, it is acting ethically to prevent publishers from pursuing a course that might be unproductive and costly.

But if the foundation succeeds, publishers may wind up waiting even longer than the 70 years allowed after Otto Frank’s death."

We Are All Parisians, Again; Huffington Post, 11/13/15

Howard Fineman, Huffington Post; We Are All Parisians, Again:

"Once again, we are all Parisians.

Once again, the ideals of freedom and peace are under attack on the very streets that helped give birth to the idea that you can’t have one without the other in modern life.

Once again, President Barack Obama went to a podium in Washington to declare American solidarity with France -- and to vow that an attack on French society was an attack on the very ideas of decency, modernity and sanity.

And once again, the world -- or that part of it that doesn’t love murder and hate peace -- must rise up and say, simply: Stop."

Mizzou, Yale and Free Speech; New York Times, 11/11/15

Nicholas Kristof, New York Times; Mizzou, Yale and Free Speech:

"More broadly, academia — especially the social sciences — undermines itself by a tilt to the left. We should cherish all kinds of diversity, including the presence of conservatives to infuriate us liberals and make us uncomfortable. Education is about stretching muscles, and that’s painful in the gym and in the lecture hall...

My favorite philosopher, the late Sir Isaiah Berlin, argued that there was a deep human yearning to find the One Great Truth. In fact, he said, that’s a dead end: Our fate is to struggle with a “plurality of values,” with competing truths, with trying to reconcile what may well be irreconcilable.

That’s unsatisfying. It’s complicated. It’s also life."

Ban Before Reading; New York Times, 11/6/15

David K. Shipler, New York Times; Ban Before Reading:

"The American Library Association gets 300 to 500 reports of book challenges annually and estimates the actual volume at five times that number. If you picture citizens in towns across America parsing every line, however, you’ll be disappointed to learn that many passionate parents are not passionate about reading the books in question.

So it is with would-be censors everywhere. At Theater J, a Jewish theater in Washington, D.C., several conservative activists campaigned last year against an Israeli play they never went to see. And who thinks the Ayatollah Khomeini read past the title of “The Satanic Verses” before issuing his fatwa against Salman Rushdie?"

Grades for all 50 states on corruption; USA Today, 11/9/15

Yue Qiu, Chris Zubak-Skees and Erik Lincoln, USA Today; Grades for all 50 states on corruption:

"How does each state rank for transparency and accountability? The State Integrity Investigation used extensive research to grade the states based on the laws and systems they have in place to deter corruption. Use the interactive to see how states scored overall and explore how they performed in each of the 13 categories."

Understanding the Free Speech Issues at Missouri and Yale; HuffingtonPost.com, 11/11/15

Geoffrey R. Stone, HuffingtonPost.com; Understanding the Free Speech Issues at Missouri and Yale:

"How should we think about the free speech issues in the recent controversies at the University of Missouri and Yale? In my view, universities have a deep obligation to protect and preserve the freedom of expression. That is, most fundamentally, at the very core of what makes a university a university...

In my view, a university should not itself take positions on substantive issues. A university should not declare, for example, that abortion is moral, that undocumented immigrants have a right to remain in the United States, that the United States should abandon Israel, or that a flat tax is the best policy. It is for the faculty and students of the institution to debate those issues for themselves, and the university as an institution should not intrude in those debates by purporting to decide on the "correct" point of view.

On the other hand, a university can promote certain values both to educate its students and to foster an intellectual environment that is most conducive to the achievement of the institution's larger educational goals. To that end, a university can appropriately encourage a climate of civility and mutual respect. It can do this in a variety of ways, as long as it stops short of censorship. More specifically, a university can legitimately educate students about the harms caused by the use of offensive, insulting, degrading, and hurtful language and behavior and encourage them to express their views, however offensive or hurtful they might be, in ways that are not unnecessarily disrespectful or uncivil."

The Ethics Behind Driverless Cars; NPR, 11/7/15

Scott Simon, NPR; The Ethics Behind Driverless Cars:

"Despite the optimism behind driverless cars, at times they will have to decide whether it is better to harm the driver or pedestrians. NPR's Scott Simon talks with philosophy professor Patrick Lin."

The Digital Disparities Facing Lower-Income Teenagers; New York Times, 11/3/15

Natasha Singer, New York Times; The Digital Disparities Facing Lower-Income Teenagers:

"Teenagers in lower-income households have fewer desktop, laptop and tablet computers to use at home than their higher-income peers, according to a new study. And those disparities may influence more than how teenagers socialize, entertain themselves and apply for college or jobs.

At a time when school districts across the United States are introducing digital learning tools for the classroom and many teachers give online homework assignments, new research suggests that the digital divide among teenagers may be taking a disproportionate toll on their homework as well.

Only one-fourth of teenagers in households with less than $35,000 in annual income said they had their own laptops compared with 62 percent in households with annual incomes of $100,000 or more, according to the report, to be published on Tuesday by Common Sense Media, a nonprofit children’s advocacy and media ratings group based in San Francisco."

The Facebook Intifada; New York Times, 11/3/15

Micah Lakin Avni, New York Times; The Facebook Intifada:

"The companies who’ve turned social media platforms into very big business argue, and rightly so, that monitoring each post is nearly impossible, that permitting users the freedom of expression is essential, that there are already steps in place to combat hate speech. All that is true. But something new is happening today, and what Facebook, Twitter and the others must realize is that the question of incitement on social media isn’t just a logistical or financial question but, first and foremost, a moral one.

This wave of terrorism is different from anything we’ve seen, involving not terrorists recruited by shadowy organizations but ordinary young men and women inspired by hateful and bloody messages they see online to take matters and blades into their own hands. Just as many of us now argue that we should hold gun manufacturers responsible for the devastation brought about by their products, we should demand the same of social media platforms, now being used as sources of inspiration and instruction for murderers.

One immediate solution is to remove blatant incitement without waiting for formal complaints — it’s one thing to express a political opinion, even one that supports violent measures, and another to publish a how-to chart designed to train and recruit future terrorists."

The Patent Troll Smokescreen; New York Times, 10/23/15

Joe Nocera, New York Times; The Patent Troll Smokescreen:

"But what if, in the name of cracking down on trolls, Congress passes an anti-troll law that winds up having huge negative consequences for legitimate inventors? What if a series of Supreme Court rulings make matters worse, putting onerous burdens on inventors while making it easier for big companies to steal unlicensed innovations?

As it happens, thanks to the 2011 America Invents Act and those rulings, big companies can now largely ignore legitimate patent holders.

Of course, they don’t call it stealing. But according to Robert Taylor, a patent lawyer who has represented the National Venture Capital Association, a new phrase has emerged in Silicon Valley: “efficient infringing.” That’s the relatively new practice of using a technology that infringes on someone’s patent, while ignoring the patent holder entirely. And when the patent holder discovers the infringement and seeks recompense, the infringer responds by challenging the patent’s validity.

Should a lawsuit ensue, the infringer, often a big tech company, has top-notch patent lawyers at the ready. Because the courts have largely robbed small inventors of their ability to seek an injunction — that is, an order requiring that the infringing product be removed from the market — the worst that can happen is that the infringer will have to pay some money. For a rich company like, say, Apple, that’s no big deal."

Free speech is flunking out on college campuses; Washington Post, 10/22/15

Catherine Rampell, Washington Post; Free speech is flunking out on college campuses:

"Crippling the delivery of unpopular views is a terrible lesson to send to impressionable minds and future leaders, at Wesleyan and elsewhere. It teaches students that dissent will be punished, that rather than pipe up they should nod along. It also teaches them they might be too fragile to tolerate words that make them uncomfortable; rather than rebut, they should instead shut down, defund, shred, disinvite.

But the solution to speech that offends should always be more speech, not less."

When The Hackers Become The Hacked: Why Reading John Brennan's Emails Feels Wrong; HuffingtonPost.com, 10/21/15

Ali Watkins, HuffingtonPost.com; When The Hackers Become The Hacked: Why Reading John Brennan's Emails Feels Wrong:

"But Wikileaks is not bound by the journalistic code that most news organizations adhere to. (A request for comment from a public relations representative for the group was not returned.)

To some, it seemed a delightfully cruel irony: America’s spy chief, keeper of secrets, forced to frantically try and guard his own. But to others -- including some of the people whose very job it is to be critical of Brennan and his agency -- Wednesday's email dump felt different. It felt slimy. A bit exploitative. It feels odd to challenge Brennan and the CIA on things like his agency’s historical disregard for citizens' personal privacy -- and then turn around and casually disregard his."

Film-maker sues Chinese censors over 'ban' on gay-themed movie; Guardian, 9/24/15

Ben Child, Guardian; Film-maker sues Chinese censors over 'ban' on gay-themed movie:

"A Chinese film-maker is to sue state administrators in a quest to discover how and why his gay-themed documentary was removed from local streaming sites, in a legal case that could have powerful ramifications for film censorship in the world’s most populous nation.

Fan Popo says his documentary Mama Rainbow, which follows six Chinese mothers as they learn to love their gay or lesbian children, disappeared without explanation from video sites such as Youku, Tudou and 56.com in 2014."

Why do drug companies charge so much? Because they can.; Washington Post, 9/25/15

Marcia Angell, Washington Post; Why do drug companies charge so much? Because they can. :

"Drugmakers are now getting some pushback from the public in response to their claims that they need the money, but they fall back on the rhetoric of the free market. They are investor-owned businesses, after all, they say, and they have a right to charge whatever the market will bear (which for desperately sick patients or their insurers is quite a lot). But the pharmaceutical market is hardly an example of unfettered capitalism, because the companies are totally dependent on government support. In addition to receiving huge tax breaks and government-granted exclusive marketing rights, they are permitted to acquire drugs that resulted from NIH-funded university research."

Researchers wrestle with a privacy problem; Nature, 9/22/15

Erika Check Hayden, Nature; Researchers wrestle with a privacy problem:

"But for many social scientists, the most impressive thing was that the authors had been able to examine US federal tax returns: a closely guarded data set that was then available to researchers only with tight restrictions. This has made the study an emblem for both the challenges and the enormous potential power of 'administrative data' — information collected during routine provision of services, including tax returns, records of welfare benefits, data on visits to doctors and hospitals, and criminal records. Unlike Internet searches, social-media posts and the rest of the digital trails that people establish in their daily lives, administrative data cover entire populations with minimal self-selection effects: in the US census, for example, everyone sampled is required by law to respond and tell the truth.

This puts administrative data sets at the frontier of social science, says John Friedman, an economist at Brown University in Providence, Rhode Island, and one of the lead authors of the education study1. “They allow researchers to not just get at old questions in a new way,” he says, “but to come at problems that were completely impossible before.”...

But there is also concern that the rush to use these data could pose new threats to citizens' privacy. “The types of protections that we're used to thinking about have been based on the twin pillars of anonymity and informed consent, and neither of those hold in this new world,” says Julia Lane, an economist at New York University. In 2013, for instance, researchers showed that they could uncover the identities of supposedly anonymous participants in a genetic study simply by cross-referencing their data with publicly available genealogical information."

Tech giants warn cybersecurity bill could undermine users' privacy; Guardian, 10/15/15

Sam Thielman, Guardian; Tech giants warn cybersecurity bill could undermine users' privacy:

"Some of the biggest names in tech including Google, Yahoo, Facebook and T-Mobile have come out against a controversial cybersecurity bill, arguing that it fails to protect users’ privacy and could cause “collateral harm” to “innocent third parties”.

In an open letter published on Thursday the Computer and Communications Industry Association (CCIA), a trade group representing those and several other major tech firms including eBay and RedHat, came out staunchly against the Cybersecurity Information Sharing Act (Cisa).

The bill, which has bipartisan support, would, among other things, allow companies to share users’ personal information with the US government in exchange for immunity from regulators and the Freedom of Information Act. It will receive a Senate vote later this month."

Data Privacy Pact Must Be Forged Between Europe And U.S., Regulators Warn; HuffingtonPost.com, 10/16/15

Julia Fioretti, HuffingtonPost.com; Data Privacy Pact Must Be Forged Between Europe And U.S., Regulators Warn:

"Companies could face action from European privacy regulators if the European Commission and United States do not come up with a new system enabling them to shuffle data across the Atlantic in three months, the regulators said on Friday.

The highest EU court last week struck down a system known as Safe Harbour used by over 4,000 firms to transfer personal data to the United States, leaving companies without alternatives scrambling to put new legal measures in place to ensure everyday business could continue.

Under EU data protection law, companies cannot transfer EU citizens' personal data to countries outside the EU deemed to have insufficient privacy safeguards, of which the United States is one."

Pennsylvania bills aim to protect students’ data; Pittsburgh Post-Gazette, 10/14/15

Rich Lord, Pittsburgh Post-Gazette; Pennsylvania bills aim to protect students’ data:

"The introduction follows by two months the Pittsburgh Post-Gazette’s series on student data privacy, which showed that most of the state’s largest districts did not control the flow of their kids’ information through education technology companies. Fewer than half of the districts’ vendors publicly outlined their policies for deleting student data or pledged to protect it in a merger or bankruptcy, and just 10 of 143 promised to report any breach.

The bills wouldn’t ban apps like the poster-making program Glogster, which markets to teachers and indicates in its privacy policy that it may share “personal information” with “consumer products, telecom, financial, military, market research, entertainment, and educational services companies and their third party service providers.” But the districts would first need to notify parents, who could say no."

Author explains why libraries matter even in the Internet age; Deseret News, 9/21/15

Chandra Johnson, Deseret News; Author explains why libraries matter even in the Internet age:

"Today, when people want information on the Internet, they turn to Google.

The search engine has grown in popularity exponentially since its first year in the late 90s. In 1998, Google averaged 9,800 searches per day and 3.6 million searches that year. In 2014, there was an average of 5.7 billion Google searches per day and 2 trillion searches that year.

All of this is good news for Google and anyone with money for a computer and Internet connection. But it's not great for libraries, the go-to for information in the pre-Google days, says John Palfrey, a director of Harvard's Berkman Center for Internet & Society and founder of the Digital Public Library of America.

In his new book, "Bibliotech: Why Libraries Matter More Than Ever in the Age of Google," Palfrey argues that society still needs libraries for many reasons, including that the Internet doesn't provide free access to information for anyone as libraries do."

Handheld DNA reader revolutionary and democratising, say scientists; Guardian, 10/15/15

Ian Sample, Guardian; Handheld DNA reader revolutionary and democratising, say scientists:

"Ip believes that people will soon be connecting MinIONs to smartphones, and with Oxford Nanopore due to offer a pay-as-you-go pricing model, that could transform access to genetic testing. “If anyone had the ability to do DNA sequencing with a mobile phone with attachable DNA sequencer, what could you do with it?” she said.

If that pans out, the possibilities are almost endless. GPs could analyse patients’ breath to identify bacteria that are making them ill. Health workers could use them to hunt for reservoirs of drug-resistant microbes in hospitals. Animal hairs and skin could be analysed to catch poachers and traffickers of endangered animals. Inspectors at fish markets could verify what fish is being sold. In the water-cooling towers of office buildings, you could install a device to scan for the bacteria that causes Legionnaire’s disease.

But that is not all. “There will be undoubtedly be Gattaca-style apps which, given a hair, will tell you the genetic compatibility of a potential boy or girlfriend, although doing so is fraught with ethical issues of data interpretation,” Ip said."

Stop Googling. Let’s Talk; New York Times, 9/26/15

Sherry Turkle, New York Times; Stop Googling. Let’s Talk:

"I’ve been studying the psychology of online connectivity for more than 30 years. For the past five, I’ve had a special focus: What has happened to face-to-face conversation in a world where so many people say they would rather text than talk? I’ve looked at families, friendships and romance. I’ve studied schools, universities and workplaces. When college students explain to me how dividing their attention plays out in the dining hall, some refer to a “rule of three.” In a conversation among five or six people at dinner, you have to check that three people are paying attention — heads up — before you give yourself permission to look down at your phone. So conversation proceeds, but with different people having their heads up at different times. The effect is what you would expect: Conversation is kept relatively light, on topics where people feel they can drop in and out."

Wikileaks release of TPP deal text stokes 'freedom of expression' fears; Guardian, 10/9/15

Sam Thielman, Guardian; Wikileaks release of TPP deal text stokes 'freedom of expression' fears:

"One chapter appears to give the signatory countries (referred to as “parties”) greater power to stop embarrassing information going public. The treaty would give signatories the ability to curtail legal proceedings if the theft of information is “detrimental to a party’s economic interests, international relations, or national defense or national security” – in other words, presumably, if a trial would cause the information to spread...

“The text of the TPP’s intellectual property chapter confirms advocates warnings that this deal poses a grave threat to global freedom of expression and basic access to things like medicine and information,” said Evan Greer, campaign director of internet activist group Fight for the Future. “But the sad part is that no one should be surprised by this. It should have been obvious to anyone observing the process, where appointed government bureaucrats and monopolistic companies were given more access to the text than elected officials and journalists, that this would be the result.”"

India’s Attack on Free Speech; New York Times, 10/2/15

Sonia Faleiro, New York Times; India’s Attack on Free Speech:

The realization has made for decisions that were once unthinkable.

Last December, the acclaimed author Perumal Murugan informed the police that he’d received threats from Hindu groups angered by a novel he wrote in 2010. Extremists staged burnings of his book and demanded a public apology from him. The police suggested he go into exile. Realizing he was on his own, in January Mr. Murugan announced the withdrawal of his entire literary canon. On Facebook, he swore to give up writing, in essence apologizing for his life’s work out of fear for his family’s safety...

The attacks in India should not be seen as a problem limited to secular writers or liberal thinkers. They should be recognized as an attack on the heart of what constitutes a democracy — and that concerns everyone who values the idea of India as it was conceived and as it is beloved, rather than an India imagined through the eyes of religious zealots. Indians must protest these attacks and demand accountability from people in power. We must call for all voices to be protected, before we lose our own."

The 10 most frequently banned books since 2001; Entertainment Weekly, 9/29/15

Christian Holub, Entertainment Weekly; The 10 most frequently banned books since 2001:

"'And Tango Makes Three,' Justin Richardson and Peter Parnell

Years on Most Challenged list: 2014, 2012, 2010, 2009, 2008, 2007, 2006

Reasons cited: “Homosexuality, anti-family, religious viewpoint, unsuited to age group”

Based on the true story of Rory and Silo, two male penguins in New York’s Central Park Zoo who formed a couple and raised a baby together, And Tango Makes Three has been controversial ever since its 2005 publication. The depiction of a natural, healthy homosexual relationship among animals has raised the ire of conservative parents and advocates, some of whom believe the book promotes “the homosexual agenda.”"

#WatchWhatYouSay; Chronicle of Higher Education, 9/28/15

Frank Donoghue, Chronicle of Higher Education; #WatchWhatYouSay:

"Most academics are familiar with one or more well-­publicized incidents in which professors were suspended, were fired, or had a hiring contract rescinded because of controversial statements they had made on social media. That common denominator should give pause to all academics who value their jobs...

The courts may ultimately decide these cases, but as things stand now I think they illustrate that academic freedom is in danger of becoming a hollow concept as academics are increasingly active, if naïve, users of social media.

Even given the high cost to colleges of trying to remove a tenured professor, tenure obviously doesn’t provide adequate protection. What’s more, a smaller and smaller proportion of the higher-education teaching work force has tenure or is eligible for it; removing the tenure-ineligible is as simple as not renewing their contracts.

That demographic development, combined with the impossibility of containing social media, means that all academics must exercise extreme caution."

The Coddling of the American Mind; Atlantic, September 2015

Greg Lukianoff and Jonathan Haidt, Atlantic; The Coddling of the American Mind:

"Two terms have risen quickly from obscurity into common campus parlance. Microaggressions are small actions or word choices that seem on their face to have no malicious intent but that are thought of as a kind of violence nonetheless. For example, by some campus guidelines, it is a microaggression to ask an Asian American or Latino American “Where were you born?,” because this implies that he or she is not a real American. Trigger warnings are alerts that professors are expected to issue if something in a course might cause a strong emotional response. For example, some students have called for warnings that Chinua Achebe’s Things Fall Apart describes racial violence and that F. Scott Fitzgerald’s The Great Gatsby portrays misogyny and physical abuse, so that students who have been previously victimized by racism or domestic violence can choose to avoid these works, which they believe might “trigger” a recurrence of past trauma."

Lawmaker proposes revamp of Pittsburgh Ethics Committee that last met in 2008; WPXI.com, 9/30/15

WPXI.com; Lawmaker proposes revamp of Pittsburgh Ethics Committee that last met in 2008:

According to the city’s website, the Ethics Hearing Board was established to maintain high standards of personal integrity, truthfulness and fairness among employees. However, the mayor’s office said the board’s last meeting took place in November 2008...

This week Gilman proposed legislation to fix what he calls the loopholes in the city’s ethics system. He wants to create a new board staffed with experts independent from City Hall and with whistleblower protection.

"If they speak out about something, they're not going to face reprisal from the people who have power. The thing about power is that it always needs to be checked,” Dr. Alex John London, of Carnegie Mellon University’s Center for Ethics and Policy, said."

Complex Car Software Becomes the Weak Spot Under the Hood; New York Times, 9/26/15

David Gelles, Hiroko Tabuchi, and Matthew Dolan, New York Times; Complex Car Software Becomes the Weak Spot Under the Hood:

“We should be allowed to know how the things we buy work,” Mr. Moglen of Columbia University said. “Let’s say everybody who bought a Volkswagen were guaranteed the right to read the source code of everything in the car,” he said.

“Ninety-nine percent of the buyers would never read anything. But out of the 11 million people whose car was cheating, one of them would have found it,” he said. “And Volkswagen would have been caught in 2009, not 2015.”

Automakers aren’t buying the idea...

Volkswagen, through its trade association, has been one of the most vocal and forceful opponents of an exemption to a copyright rule that would allow independent researchers to look at a car’s source code, said Kit Walsh, staff attorney at the Electronic Frontier Foundation, a nonprofit advocacy group for user privacy and free expression.

“If copyright law were not an impediment,” he said, “then we could have independent researchers go in and look at the code and find this kind of intentional wrongdoing, just as we have independent watchdogs that check vehicle safety with crash-test dummies.”"

The Potential Criminal Consequences for Volkswagen; New York Times, 9/24/15

Peter J. Henning, New York Times; The Potential Criminal Consequences for Volkswagen:

"It appears automakers have become the latest source of corporate misconduct after Volkswagen admitted installing software to fool emissions tests.

It comes after the General Motors settlement of a criminal investigation into how it handled defective ignition switches that caused at least 124 deaths. And when there is a video in which the head of Volkswagen’s American operations tells an audience in Brooklyn that the company was “dishonest” and “totally screwed up,” then it is only a matter of time before the company has to deal with multiple civil and criminal penalties.

The question is what types of proceedings Volkswagen is likely to face and how far up the corporate ladder prosecutors can go in seeking to hold individuals accountable."

Meet John German: the man who helped expose Volkswagen's emissions scandal; Guardian, 9/26/15

Rupert Neate, Guardian; Meet John German: the man who helped expose Volkswagen's emissions scandal:

"John German has barely had time to catch his breath all week between appearances on TV news channel and radio phone-in shows. He’s an unlikely media star, not a pop singer or reality TV contestant, but a grey-haired automotive engineer thrust into the global spotlight after he and his colleagues were credited with helping uncover one of the biggest ever corporate scandals.

“We really didn’t expect to find anything,” German said of his research that found Volkswagen had installed sophisticated software designed to cheat strict emission tests across the world. His simple test – checking the car’s emissions on real roads rather than in lab test conditions – led to the resignation of VW’s chief executive after the German company was forced to admit it installed “defeat devices” in 11m cars. The scandal has wiped more than €24bn ($26.8bn) off VW’s market value.

Many questions remain but one thing is clear to German: “It was not an accident,” he said. “A lot of work has gone into this.”"

How A Little Lab In West Virginia Caught Volkswagen's Big Cheat; NPR, 9/24/15

Sonari Glinton, NPR; How A Little Lab In West Virginia Caught Volkswagen's Big Cheat:

"Volkswagen was recently brought to its knees when scientists discovered the company had installed a device in its diesel-powered cars to fool emissions tests. Its stock price tanked, its reputation has been damaged and its CEO resigned on Wednesday.

So who made the discovery that sent the German car giant into a tailspin? A group of scientists at West Virginia University.

WVU research assistant professor Arvind Thiruvengadam and his colleagues test and experiment on cars and engines. He admits his is not the sexiest lab on campus, but he says he got superexcited when they won a grant in 2012 to test a few diesel cars...

The question now for investigators and prosecutors from Korea to Germany to the U.S. is how many people at Volkswagen knew and how far up that knowledge went."

Engineers, Ethics, and the VW Scandal; IEEE Spectrum, 9/25/15

Prachi Patel, IEEE Spectrum; Engineers, Ethics, and the VW Scandal:

"Volkswagen’s installation of a software “defeat device” in 11 million Volkswagen and Audi diesel vehicles sold worldwide has led to a massive vehicle recall in the United States and an official apology from the company’s now-ex CEO.

The clever and sneaky algorithm, installed in the emissions-control module, detects when the cars were undergoing emissions testing. It ran the engine cleanly during tests and switched off emissions control during normal driving conditions, allowing the car to spew up to 40 times the U.S. Environmental Protection Agency’s maximum allowed level of nitrogen oxides, air pollutants that cause respiratory problems and smog.

“This is shocking,” says Yotam Lurie, a senior lecturer of business ethics at Ben-Gurion University of the Negev in Israel. “It’s shocking that the software engineers of Volkswagen overlooked and neglected their fiduciary responsibility as professionals. Professionals who have a semi-regulatory responsibility within the organization to ensure safety, in this case environmental safety, even when this is less efficient or economical.”

Lurie’s recently published paper on Professional Ethics for Software Engineers touches on the heart of this matter."

Big new copyright fair use decision involving part owner of Miami Heat; Washington Post, 9/17/15

Eugene Volokh, Washington Post; Big new copyright fair use decision involving part owner of Miami Heat:

"I blogged about this case back when the magistrate judge issued his report, but today the U.S. Court of Appeals for the 11th Circuit affirmed (Katz v. Chevaldina), and concluded that defendant Irina Chevaldina’s use of the photo shown above is a fair use. The twist: The subject of the photo, Raanan Katz, bought the photo after it was published and used by Chevaldina, and then sued her in his capacity as now-owner of the photograph. No dice, said the court, concluding — in my view correctly — that Chevaldina’s use was a “fair use” and thus not an infringement..."

Tim Cook Tells Stephen Colbert The Real Reason He Came Out As Gay; HuffingtonPost.com, 9/16/15

Ron Dicker, HuffingtonPost.com; Tim Cook Tells Stephen Colbert The Real Reason He Came Out As Gay:

"Apple CEO Tim Cook, who came out as gay last year, told "The Late Show" host Stephen Colbert Tuesday he made the move out of social responsibility...

Cook gave a thoughtful answer.

Citing a quote about the importance of doing for others by Dr. Martin Luther King Jr., Cook then told Colbert: "It became so clear to me that kids were getting bullied in school, kids were getting basically discriminated against, kids were even being disclaimed by their own parents, and that I needed to do something.And that where I valued my privacy significantly, I felt that I was valuing it too far above what I could do for other people. And so I wanted to tell everyone my truth.""

Volkswagen apologizes, stops diesel sales in wake of US emissions scandal; CNet.com, 9/21/15

Antuan Goodwin, CNet.com; Volkswagen apologizes, stops diesel sales in wake of US emissions scandal:

"Volkswagen Group is apologizing after the US Environmental Protection Agency accused the automaker of using illegal software in its TDI diesel cars to skirt US emissions standards.

In a statement over the weekend, Volkswagen Group CEO Dr. Martin Winterkorn said he's "deeply sorry that we have broken the trust of our customers and the public." The German automaker ordered its US Volkswagen and Audi dealerships to halt sales of affected vehicles until a fix can be issued. In a further statement, issued Tuesday morning, VW indicates that 11 million Volkswagen Group autos (which includes Audi, Porsche and other brands) contain the software, and that the company has set aside EUR 6.5b to address costs.

The EPA claims certain VW and Audi vehicles use software that meets clean diesel emissions standards when hooked up to testing equipment but then switches to a dirtier mode when disconnected."

G.O.P. Anti-Gay Bigotry Threatens First Amendment; New York Times, 9/12/15

Editorial Board, New York Times; G.O.P. Anti-Gay Bigotry Threatens First Amendment:

"This past June, in the heat of their outrage over gay rights, congressional Republicans revived a nasty bit of business they call the First Amendment Defense Act. It would do many things, but one thing it would not do is defend the First Amendment. To the contrary, it would deliberately warp the bedrock principle of religious freedom under the Constitution.

The bill, versions of which have been circulating since 2013, gained a sudden wave of support after the Supreme Court legalized same-sex marriage nationwide. It is being hawked with the specter of clergy members being forced to officiate such marriages. This is a ploy, as the bill’s backers surely know: There has never been any doubt that the First Amendment protects members of the clergy from performing weddings against their will.

In reality, the act would bar the federal government from taking “any discriminatory action” — including the denial of tax benefits, grants, contracts or licenses — against those who oppose same-sex marriage for religious or moral reasons. In other words, it would use taxpayers’ money to negate federal anti-discrimination measures protecting gays and lesbians, using the idea of religious freedom as cover."

Obama Thinks Students Should Stop Stifling Debate On Campus; HuffingtonPost.com, 9/15/15

Tyler Kingkade, HuffingtonPost.com; Obama Thinks Students Should Stop Stifling Debate On Campus:

"President Barack Obama wants college students to hear the arguments of people they disagree with, not try to block them from speaking...

"I've heard some college campuses where they don't want to have a guest speaker who is too conservative or they don't want to read a book if it has language that is offensive to African-Americans or somehow sends a demeaning signal towards women," Obama said. "I gotta tell you I don't agree with that either. I don't agree that you, when you become students at colleges, have to be coddled and protected from different points of view."

The president said that when he was in school, listening to people he disagreed with helped to test his own assumptions and sometimes led him to change his mind.

"Sometimes I realized maybe I've been too narrow-minded, maybe I didn't take this into account, maybe I should see this person's perspective," Obama said. "That's what college, in part, is all about...""

"Part of what a college education is for is to be real people, to be citizens -- not to protect them from discomforts of life," Stone told The Huffington Post...

The professor theorized that students have been "indoctrinated" by their parents that they are "entitled to be safe and comfortable."

"The consequence, I guess, of parents that are hovering all the time and telling everyone they're the best," Stone said."

A Constitution Day Panel: Marriage Equality and Beyond; University of Pittsburgh School of Law, 9/17/15

University of Pittsburgh School of Law; A Constitution Day Panel: Marriage Equality and Beyond:

"Marriage Equality and Beyond: An Armchair Discussion of Obergefell v. Hodges, the Fight for Marriage Equality, and the Future of the LGBT Civil Rights Movement

Moderator: William M. Carter Jr. Professor and Dean, University of Pittsburgh School of Law

Please join us for a special Constitution Day program, featuring attorney Evan Wolfson, who often is credited with being the founder and leader of the same-sex marriage movement. Wolfson, along with Pitt Law Professor Anthony Infanti, will discuss the U.S. Supreme Court’s recent landmark decision in Obergefell v. Hodges; the history of the effort to attain marriage equality for members of the lesbian, gay, bisexual, and transgender community; and what legal and social challenges lie ahead for the community. Rounding out the discussion will be PA Representative Dan B. Frankel who represents the 23rd District.

Evan Wolfson is founder and president of Freedom to Marry, the campaign to win marriage equality nationwide. He wrote his Harvard Law School thesis in 1983 on gay people and the freedom to marry, served as cocounsel in the historic Hawaii marriage case that launched the ongoing global movement for the freedom to marry, and has participated in numerous gay rights and HIV/AIDS cases. Citing his national leadership on marriage and his appearance before the U.S. Supreme Court in Boy Scouts of America v. Dale, The National Law Journal in 2000 named Wolfson one of the 100 Most Influential Lawyers in America. Newsweek and the Daily Beast dubbed him “the godfather of gay marriage,” and TIME magazine named him one of the 100 most influential people in the world in 2004. In 2012, he received the Barnard Medal of Distinction alongside President Barack Obama.

This program is free and open to the public."

Pitt Constitution Day event explores gay rights movement; Pittsburgh Post-Gazette, 9/17/15

Kim Lyons, Pittsburgh Post-Gazette; Pitt Constitution Day event explores gay rights movement:

"With the Supreme Court’s Obergefell v. Hodges ruling in June, same-sex marriage advocates celebrated a victory that was a long time coming. But there are still smaller obstacles to be met in the quest for marriage equality, said Anthony Infanti, a professor at University of Pittsburgh’s School of Law.

“It’s the lesser-known things, issues of discrimination, that will take longer,” Mr. Infanti said.

There already has been pushback, most recently from a clerk in Kentucky who refused to issue marriage licenses to same-sex couples on religious grounds, he said.

“There will always be the Kim Davises and other resistance and other kinds of backlash. But there are also a lot of heteronormative issues to think about, especially looking through a legal lens.” One example he gave from his own experience: Having to cross out “mother” and “father” and write in “parent and parent” on his daughter’s school forms.

To commemorate Constitution Day, which marks the adoption of the U.S. Constitution, the Pitt law school is presenting a discussion on same-sex marriage issues tonight, featuring Mr. Infanti and Evan Wolfson, founder and president of the Freedom to Marry campaign. The talk will look at the history of the marriage equality movement and the challenges that lie ahead for the LGBT community...

Tonight’s event is free and open to the public. For more information, call 412- 648-1418."

Federal patent office rules against two Pitt doctors on vaccine application; Pittsburgh Post-Gazette, 9/11/15

Mark Roth, Pittsburgh Post-Gazette; Federal patent office rules against two Pitt doctors on vaccine application:

"When Dr. Kolls failed to add her name, Dr. Norris sought a university investigation. That was carried out by a faculty committee, which ruled in 2013 that even though the Norris lab had made the original discovery of the protein fragment cited in the patent application, it could not determine whether Dr. Kolls and Dr. Zheng had engaged in outright misconduct. Instead, the panel said, the two physicians were guilty of “research impropriety.”

Ironically, the patent office cited the Pitt faculty committee’s own report as the primary basis for ruling against Dr. Kolls and Dr. Zheng on the patent application. “The threshold question in determining inventorship is who conceived the invention,” the office said. “Unless a person contributes to the conception of the invention, he is not an inventor.” The “evidence appears to indicate that Kolls and Zheng do not meet the requirements of inventorship.”

The patent office gave Pitt, which is the lead party in the application, until Dec. 10 to respond to the decision. Pitt released a statement Friday saying it “appreciates the detail and attention the [patent office] is devoting to the careful evaluation of this patent application,” but “would continue its vigorous pursuit of the patentability of the remaining claims, in support of the science and each of the four named inventors.”

Pitt spokesman Ken Service said that meant the university would submit evidence advocating for inventor rights for all four scientists, and then let the patent office make the final decision."

Not all comments are created equal: the case for ending online comments; Guardian, 9/10/15

Jessica Valenti, Guardian; Not all comments are created equal: the case for ending online comments:

"Comments sections also give the impression that all thoughts are created equal when, well, they’re not. When Popular Science stopped publishing comments, for example, it was because “everything, from evolution to the origins of climate change, is mistakenly up for grabs again...scientific certainty is just another thing for two people to ‘debate’”. When will we see the humanity and dignity of women as a fact, rather than an opinion?

It’s true, I could just stop reading comments. But I shouldn’t have to. Ignoring hateful things doesn’t make them go away, and telling women to simply avoid comments is just another way of saying we’re too lazy or overwhelmed to fix the real problem.

Websites and news sources are increasingly moving forward without comments because they find them unnecessary and counterproductive. In my perfect world, more places would follow their lead – at least until publishers find lasting solutions to making comments worth it. Worth it for readers and for writers. Because the nastiness on our doorstep has piled too high for too long, and I just want to get out of the house."

The Need To Be Anonymous: Empowering and liberating free expression; Library Journal, 9/8/15

John N. Berry III, Library Journal; The Need To Be Anonymous: Empowering and liberating free expression:

"I’m always surprised when librarians who read LJ complain because we allow anonymous comments to be published or posted. In a message on our Feedback page, Andrea Segall, a retired librarian who worked at the Berkeley Public Library, CA, and is involved in a protest against that library’s current weeding practices and program, takes LJ to task for allowing anonymous comment.

“I’m disappointed that LJ permits this cowardly method of communication. People should be required to identify themselves when submitting opinions and information,” writes Segall...

Anonymity is as American as the Fourth of July. Thomas Paine’s Common Sense, which incited our revolution, was first published anonymously.

Yes, anonymity can frequently hide the biases and prejudices of those who comment. It can allow parties who have a major stake in the outcome of debates to hide that fact. The anonymous can, and often do, use language and make charges that are stronger and more snarky. But there can be as much misinformation in signed comments as there is in unsigned ones. We are smart enough to figure out the misinformation and hyperbole in either. The added accountability of messages from identified speakers is hardly as valuable as the open expression empowered by allowing commenters to remain anonymous. It can even improve the debate, by forcing commenters to focus on the merits—or lack thereof—of the argument itself rather than on who said what."

Older People Are Invisible in Key Data, Study Warns; New York Times, 9/9/15

Rick Gladstone, New York Times; Older People Are Invisible in Key Data, Study Warns:

"Vast gaps in data on older people threaten to undercut new goals established by the United Nations for raising living standards over the next 15 years, advocates for the aging said in a report being released on Wednesday.

Poverty rates among older people, a rapidly growing segment of the global population, are missing from data in at least 93 countries, many of them among the least equipped to compile this information, according to the report, the 2015 Global AgeWatch Index. It is created by HelpAge International, a nonprofit organization that calculates an index of the best and worst countries in which to grow old. But the index is based on data from only 96 countries, including all of the most developed and affluent.

“The big story this year in the index is that millions of older people are invisible, living their lives in countries where information on the quality of older age is missing from international data sets,” Toby Porter, chief executive of the organization, said in releasing the 2015 ranking. Of 54 countries in Africa, he said, there was enough data available to include only 11 in the index."

Premature Babies Study Raises Debate Over Risks and Ethical Consent; New York Times, 9/7/15

Sabrina Tavernise, New York Times; Premature Babies Study Raises Debate Over Risks and Ethical Consent:

"Professor Annas said the ruling simply meant that the families could not prove the study had caused the injuries, but that did not mean that it had not or that the consent forms, which he argues played a small role in the case, were obtained properly.

A good analogy, he said, was the decision by a federal judge last week to throw out a four-game suspension of the New England Patriots quarterback Tom Brady over his role in the deflation of footballs.

“That decision does not mean Brady is innocent any more than the Bowdre decision means that informed consent was properly obtained,” he said.

But others said the lawsuit’s failure was important, because it tipped the scales in favor of the researchers.

“This decision will mean, from a policy and practical point of view, that this kind of research is going to move on,” said Arthur Caplan, head of the division of medical ethics at NYU Langone Medical Center. He said if the judge had agreed to hear the case, “we’d have research slowing down, everyone waiting to see the outcome of a trial before starting projects.”

As for the New England Journal of Medicine authors, “they are a little enthusiastic,” he said, “but they are mainly right because they are breathing a giant sigh of relief that the legal system didn’t find enough to call the Support study researchers to task.”

Even so, the issue remains unresolved. The federal government is trying to come up with more explicit guidance about the consent process. A final version is expected next year. And the office that first found the trial’s consent practices lacking stands by its conclusion."

Henrietta Lacks biographer Rebecca Skloot responds to US parent over 'porn' allegation; Guardian, 9/9/15

Alison Flood, Guardian; Henrietta Lacks biographer Rebecca Skloot responds to US parent over 'porn' allegation:

"Skloot, writing on Facebook, said that “Just in time for Banned Books Week,” a US-wide celebration of the right to read which takes place at the end of the month, “a parent in Tennessee has confused gynaecology with pornography and is trying to get my book banned from the Knoxville high school system”.

Skloot pointed to the “many other local parents” who disagree with Sims, and to the “other schools throughout the US” who support her biography, saying: “I choose to focus on those stories, and I hope the students of Knoxville will be able to continue to learn about Henrietta and the important lessons her story can teach them. Because my book is many things: It’s a story of race and medicine, bioethics, science illiteracy, the importance of education and equality and science and so much more. But it is not anything resembling pornography.”...

Skloot was later contacted on Facebook by Jimm Allen, assistant principal of the school attended by Sim’s son, who told her: “Know that the book and teachers have the complete support from the administration of the school. It’s an amazing book that fits with our Stem curriculum better than almost any book could. The next book that the sophomores are reading? Fahrenheit 451... Oh, sweet, sweet, irony.”

Ray Bradbury’s dystopian novel about a world in which books are burned has been the subject of repeated attempts to ban it since it was published in 1953."

New Zealand protests planned in solidarity with banned book; Guardian, 9/9/15

Alison Flood, Guardian; New Zealand protests planned in solidarity with banned book:

"Silent readings of Ted Dawe’s Into the River are being planned across New Zealand tomorrow in protest at the much-praised young adult novel’s nationwide ban.

Following a complaint from Christian group Family First about the award-winning title’s “detailed descriptions of sex acts, coarse language and scenes of drug-taking”, New Zealand’s Board of Film and Literature Review has placed an interim restriction order on Into the River, meaning that “no one in New Zealand can distribute, or exhibit, the book”. Individuals who breach the order face a fine of $3,000 and companies who breach it will be fined $10,000. The board will revise the order and consider a permanent age restriction for the novel in October.

Into the River, the coming-of-age story of a Maori boy whose intelligence wins him a place at a prestigious boarding school, where he faces racism and bullying, won Dawe the 2013 New Zealand Post Margaret Mahy Book of the Year award. Its ban has prompted a wave of outrage from New Zealanders, authors and the international book community, with silent readings planned tomorrow in Auckland, Dunedin and Wellington as the literary world throws its weight behind Dawe.

Auckland’s Time Out bookstore, meanwhile, has pulled together a window display of previously banned books from Animal Farm to The Catcher in the Rye, including Into the River inside a paper bag, in protest at the ban."

Tennessee Mom Calls Book On Cervical Cancer Cells 'Pornographic'; HuffingtonPost.com, 9/8/15

Dhyana Taylor, HuffingtonPost.com; Tennessee Mom Calls Book On Cervical Cancer Cells 'Pornographic' :

"A mother from Knoxville, Tennessee, believes the New York Times bestseller The Immortal Life of Henrietta Lacks has too much graphic information for her 15-year-old son and should not have been assigned as summer reading.

"I consider the book pornographic," Jackie Sims told WBIR-Knoxville. "There's so many ways to say things without being graphic in nature, and that's the problem I have with the book."

The book, by science writer Rebecca Skloot, details the true story of a poor black tobacco farmer whose cervical cancer cells were taken without her knowledge in 1951. The cells, which scientists referred to as HeLa, went on to become a vital tool in medicine, helping to develop the polio vaccine, in vitro fertilization and other major scientific breakthroughs. The book was published in 2011 and has won numerous awards from medical and scientific organizations...

The anti-censorship group Kids' Right to Read Project said that book banning has been on the rise since 2012, and cited 49 book-banning incidents in 2013 -- a 53 percent rise over 2012. The American Library Association says that 311 challenges were filed in 2014 against a variety of books."

Gay Veterans Push for Honorable Discharges They Were Denied; New York Times, 9/6/15

Dave Philipps, New York Times; Gay Veterans Push for Honorable Discharges They Were Denied:

"When the Army discharged Pvt. Donald Hallman in 1955 for being what it called a “Class II homosexual,” the 21-year-old was so scared of being an outcast that he burned all his military records, save for a single dog tag he hid away.

Mr. Hallman, a coal miner’s son who sang in a church choir in rural Alabama, says he never mentioned his military service again. He married a woman he had met at work, had children and wore a suit and tie to work each day...

“I’ve gotten to a point in my life where no one can hurt me now,” he said. “I don’t care who knows, and I want to show I was an honorable person.”

He is one of a steady march of older veterans who were kicked out of the military decades ago for being gay, and who are now asking that their less-then-honorable discharges be upgraded.By some estimates, as many as 100,000 service members were discharged for being gay between World War II and the 2011 repeal of the military’s “don’t ask, don’t tell” policy. Many were given less-than-honorable discharges that became official scarlet letters — barring them from veterans’ benefits, costing them government jobs and other employment, and leaving many grappling with shame for decades."

Now, emboldened by the gay soldiers serving openly in the military and the same-sex couples finding broad acceptance in civilian life, they are increasingly seeking amends.

“After all these years, I want to tie up loose ends,” said Jim Estep, 80, a retired professor in Buffalo, who was given a less-than-honorable discharge in 1964. “It’s a way of getting the government — that faceless entity — in some way to acknowledge the authenticity of my life and my contribution to the country.”"