Dave West, Entrepreneur; Why Tech Companies Need a Code of Ethics for Software Development
With so much potential for software to go bad, it's important that developers commit to doing good.
"As the race heats up among companies looking to be first-to-market with the next best product or service, considerations about the implications these systems and gadgets may have on society often are overlooked...
Academically, this movement is already in the works. Harvard University and the Massachusetts Institute of Technology (MIT) are jointly offering a new course on the ethics and regulation of artificial intelligence, the University of Texas at Austin recently introduced its Ethical Foundations of Computer Science course and Stanford University is developing a computer science ethics course for next year...
With the absence of an international standardized code of ethics, one solution organizations can implement immediately is to foster a culture among their delivery teams that places ethics in high regard...
One of the most effective ways organizations can achieve transparency is to create their own internal code of ethics. A baseline organizations can use to develop their code of ethics are the five values of Scrum...
The popular Spiderman phrase "with great power comes great responsibility" could not be more applicable to the organizations who are creating and releasing the products that define society. After all, these products are influencing the way people live and interact with each other, every day. This is why big tech companies must take the lead and create their own code of ethics."
Friday, April 20, 2018
Thursday, April 19, 2018
33rd Annual ABA Intellectual Property Law Conference, April 18-20, 2018
33rd Annual ABA Intellectual Property Law Conference, Arlington, Virginia
[Kip Currier: 1st full day of this year's American Bar Association Intellectual Property Law Conference. Lots of intriguing sessions to choose from...case in point, the 10:15 AM slot has two concurrent ones I want to attend--Trademark/Ethics: Ethical Issues in Emerging Technology and Copyright: Copyright Law and Policy Developments.
I'm also attending the Mark T. Banner luncheon today, featuring Simon Tam of the band The Slants and his legal team, who last year won a major federal trademark law case, Matal v. Tam (previously Lee v. Tam), involving so-called disparaging trademarks. The case presented potentially significant implications for free speech and economic interests. Tam and his band spoke as part of a very thought-provoking panel at Duquesne University last April, before the U.S. Supreme Court had announced its decision in June 2017. The Slants prevailed, in a unanimous decision.
I talked with Tam after the April 2017 panel about the case and he insisted on having his bandmates sign the band's poster I'd purchased.
It will be interesting to hear thoughts from the various parties a year later, regarding post-Matal v. Tam implications...]
Thursday, April 19
Monday, April 16, 2018
China's Weibo reverses ban on 'homosexual' content after outcry; The Guardian, April 15, 2018
Lily Kuo, The Guardian; China's Weibo reverses ban on 'homosexual' content after outcry
"One of China’s largest social media sites, Sina Weibo, has reversed a ban on online content “related to homosexuality” after outcry from the country’s internet users.
On Friday, Sina Weibo said that for the next three months it would be removing comics and videos “with pornographic implications, promoting bloody violence, or related to homosexuality”. The internet company said the initiative was in an effort to “create a sunny and harmonious community environment” and comply with the country’s cybersecurity laws...
Many quoted China’s constitution and laws about the protection of minorities. One internet user referred to article 38 of China’s constitution which maintains that the “personal dignity” of Chinese citizens is “inviolable” and that insult directed against citizens is prohibited.
Others pointed out homosexuality was decriminalised in 1997 and in 2001 removed from the government’s list of mental disorders."
"One of China’s largest social media sites, Sina Weibo, has reversed a ban on online content “related to homosexuality” after outcry from the country’s internet users.
On Friday, Sina Weibo said that for the next three months it would be removing comics and videos “with pornographic implications, promoting bloody violence, or related to homosexuality”. The internet company said the initiative was in an effort to “create a sunny and harmonious community environment” and comply with the country’s cybersecurity laws...
Many quoted China’s constitution and laws about the protection of minorities. One internet user referred to article 38 of China’s constitution which maintains that the “personal dignity” of Chinese citizens is “inviolable” and that insult directed against citizens is prohibited.
Others pointed out homosexuality was decriminalised in 1997 and in 2001 removed from the government’s list of mental disorders."
Longing for the freedom not to hide myself; The Washington Post, April 15, 2018
Ria Tabacco Mar, The Washington Post; Longing for the freedom not to hide myself
"Ria Tabacco Mar is counsel of record for Charlie Craig and David Mullins in Masterpiece Cakeshop v. Colorado Civil Rights Commission.
Charlie Craig, one of the men that Masterpiece Cakeshop, a Colorado bakery, turned away because they are gay, said something about shopping for a wedding cake that stuck with me: “That day,” he said, “I really let my guard down.”
I knew exactly what Craig meant. Not just because he’s my client but because I keep my guard up most days, too — just like nearly every LGBT person I know."
"Ria Tabacco Mar is counsel of record for Charlie Craig and David Mullins in Masterpiece Cakeshop v. Colorado Civil Rights Commission.
Charlie Craig, one of the men that Masterpiece Cakeshop, a Colorado bakery, turned away because they are gay, said something about shopping for a wedding cake that stuck with me: “That day,” he said, “I really let my guard down.”
I knew exactly what Craig meant. Not just because he’s my client but because I keep my guard up most days, too — just like nearly every LGBT person I know."
Sunday, April 15, 2018
Transcript of Mark Zuckerberg’s Senate hearing; Transcript courtesy of Bloomberg Government via The Washington Post, April 10, 2018
Transcript courtesy of Bloomberg Government via The Washington Post; Transcript of Mark Zuckerberg’s Senate hearing
"SEN. JOHN CORNYN (R-TEX): Thank you, Mr. Zuckerberg, for being here. I know in — up until 2014, a mantra or motto of Facebook was move fast and break things. Is that correct?
ZUCKERBERG: I don't know when we changed it, but the mantra is currently move fast with stable infrastructure, which is a much less sexy mantra.
CORNYN: Sounds much more boring. But my question is, during the time that it was Facebook's mantra or motto to move fast and break things, do you think some of the misjudgments, perhaps mistakes that you've admitted to here, were as a result of that culture or that attitude, particularly as it regards to personal privacy of the information of your subscribers?
ZUCKERBERG: Senator, I do think that we made mistakes because of that. But the broadest mistakes that we made here are not taking a broad enough view of our responsibility. And while that wasn't a matter — the “move fast” cultural value is more tactical around whether engineers can ship things and — and different ways that we operate.
But I think the big mistake that we've made looking back on this is viewing our responsibility as just building tools, rather than viewing our whole responsibility as making sure that those tools are used for good."
"SEN. JOHN CORNYN (R-TEX): Thank you, Mr. Zuckerberg, for being here. I know in — up until 2014, a mantra or motto of Facebook was move fast and break things. Is that correct?
ZUCKERBERG: I don't know when we changed it, but the mantra is currently move fast with stable infrastructure, which is a much less sexy mantra.
CORNYN: Sounds much more boring. But my question is, during the time that it was Facebook's mantra or motto to move fast and break things, do you think some of the misjudgments, perhaps mistakes that you've admitted to here, were as a result of that culture or that attitude, particularly as it regards to personal privacy of the information of your subscribers?
ZUCKERBERG: Senator, I do think that we made mistakes because of that. But the broadest mistakes that we made here are not taking a broad enough view of our responsibility. And while that wasn't a matter — the “move fast” cultural value is more tactical around whether engineers can ship things and — and different ways that we operate.
But I think the big mistake that we've made looking back on this is viewing our responsibility as just building tools, rather than viewing our whole responsibility as making sure that those tools are used for good."
The EU's latest copyright proposal is so bad, it even outlaws Creative Commons licenses; BoingBoing, April 11, 2018
Cory Doctorow, BoingBoing; The EU's latest copyright proposal is so bad, it even outlaws Creative Commons licenses
"The EU is mooting a new copyright regime for the largest market in the world, and the Commissioners who are drafting the new rules are completely captured by the entertainment industry, to the extent that they have ignored their own experts and produced a farcical Big Content wishlist that includes the most extensive internet censorship regime the world has ever seen, perpetual monopolies for the biggest players, and a ban on European creators using Creative Commons licenses to share their works.
Under the new rules, anyone who allows the public to post material will have to maintain vast databases of copyrighted works claimed by rightsholders, and any public communications that matches anything in these databases has to be blocked."
"The EU is mooting a new copyright regime for the largest market in the world, and the Commissioners who are drafting the new rules are completely captured by the entertainment industry, to the extent that they have ignored their own experts and produced a farcical Big Content wishlist that includes the most extensive internet censorship regime the world has ever seen, perpetual monopolies for the biggest players, and a ban on European creators using Creative Commons licenses to share their works.
Under the new rules, anyone who allows the public to post material will have to maintain vast databases of copyrighted works claimed by rightsholders, and any public communications that matches anything in these databases has to be blocked."
Drug Company ‘Shenanigans’ to Block Generics Come Under Federal Scrutiny; The New York Times, April 14, 2018
Robert Pear, The New York Times; Drug Company ‘Shenanigans’ to Block Generics Come Under Federal Scrutiny
"At a time when researchers are using sophisticated science to develop new treatments and cures, the fight over physical samples — a few thousand pills — sounds mundane. But it has huge implications for consumers’ access to affordable medicines.
The F.D.A. says it has received more than 150 inquiries from generic drug companies unable to obtain the samples needed to show that a generic product works the same as a brand-name medicine. Some of the disputes over samples involve drugs that are costly to patients and to the Medicare program and that have experienced sharp price increases in recent years.
“Without generic competition, there is no pressure to drive down the costs of these medications,” the food and drug agency said. Under current law, it said, it cannot compel a brand-name drug manufacturer to sell samples to a generic company."
"At a time when researchers are using sophisticated science to develop new treatments and cures, the fight over physical samples — a few thousand pills — sounds mundane. But it has huge implications for consumers’ access to affordable medicines.
The F.D.A. says it has received more than 150 inquiries from generic drug companies unable to obtain the samples needed to show that a generic product works the same as a brand-name medicine. Some of the disputes over samples involve drugs that are costly to patients and to the Medicare program and that have experienced sharp price increases in recent years.
“Without generic competition, there is no pressure to drive down the costs of these medications,” the food and drug agency said. Under current law, it said, it cannot compel a brand-name drug manufacturer to sell samples to a generic company."
Saturday, April 14, 2018
Google loses landmark 'right to be forgotten' case; The Guardian, April 13, 2018
Jamie Grierson and Ben Quinn, The Guardian; Google loses landmark 'right to be forgotten' case
"A businessman has won his legal action to remove search results about a criminal conviction in a landmark “right to be forgotten” case that could have wide-ranging repercussions.
The ruling was made by Mr Justice Warby in London on Friday. The judge rejected a similar claim brought by a second businessman who was jailed for a more serious offence...
In 2014 the European court of justice (ECJ) ruled that “irrelevant” and outdated data should be erased on request. Since then, Google has received requests to remove at least 2.4m links from search results. Search engine firms can reject applications if they believe the public interest in accessing the information outweighs a right to privacy...
“Before anyone meets a new person these days they Google them,” [Hugh] Tomlinson [QC, representing NT1] said. He added that many people engaged in misdeeds when they were young and if the misdeeds were constantly brought to the attention of others then they would permanently have a negative effect...
A Google spokesperson said: “We work hard to comply with the right to be forgotten, but we take great care not to remove search results that are in the public interest and will defend the public’s right to access lawful information. We are pleased that the court recognised our efforts in this area, and we will respect the judgments they have made in this case.”"
"A businessman has won his legal action to remove search results about a criminal conviction in a landmark “right to be forgotten” case that could have wide-ranging repercussions.
The ruling was made by Mr Justice Warby in London on Friday. The judge rejected a similar claim brought by a second businessman who was jailed for a more serious offence...
In 2014 the European court of justice (ECJ) ruled that “irrelevant” and outdated data should be erased on request. Since then, Google has received requests to remove at least 2.4m links from search results. Search engine firms can reject applications if they believe the public interest in accessing the information outweighs a right to privacy...
“Before anyone meets a new person these days they Google them,” [Hugh] Tomlinson [QC, representing NT1] said. He added that many people engaged in misdeeds when they were young and if the misdeeds were constantly brought to the attention of others then they would permanently have a negative effect...
A Google spokesperson said: “We work hard to comply with the right to be forgotten, but we take great care not to remove search results that are in the public interest and will defend the public’s right to access lawful information. We are pleased that the court recognised our efforts in this area, and we will respect the judgments they have made in this case.”"
The Personal Data of 346,000 People, Hung on a Museum Wall; The New York Times, April 13, 2018
Sui-Lee Wee and Elsie Chen, The New York Times; The Personal Data of 346,000 People, Hung on a Museum Wall
"Mr. Deng’s project coincides with a growing debate about the lack of data privacy in China, where people are starting to push back against tech companies and their use of information. Online brokers regularly, and illegally, buy and sell personal information online...
Last month, Robin Li, the chief executive of the search giant Baidu, set off a firestorm when he said that Chinese people were willing to trade privacy for convenience, safety and efficiency...
The rising public anger is taking place amid a similar debate in the United States, over Facebook. But Beijing officials keep the volume lower because personal data is broadly available to another powerful constituency: the Chinese government. Tech companies cooperate with the police in handing over information, with few questions asked. Citizens are resigned to the fact that they are tracked by the government, and there is little pushback about the increased state of surveillance."
"Mr. Deng’s project coincides with a growing debate about the lack of data privacy in China, where people are starting to push back against tech companies and their use of information. Online brokers regularly, and illegally, buy and sell personal information online...
Last month, Robin Li, the chief executive of the search giant Baidu, set off a firestorm when he said that Chinese people were willing to trade privacy for convenience, safety and efficiency...
The rising public anger is taking place amid a similar debate in the United States, over Facebook. But Beijing officials keep the volume lower because personal data is broadly available to another powerful constituency: the Chinese government. Tech companies cooperate with the police in handing over information, with few questions asked. Citizens are resigned to the fact that they are tracked by the government, and there is little pushback about the increased state of surveillance."
Friday, April 13, 2018
Campus free speech is threatened. But how much?; The Washington Post, April 13, 2018
Megan McArdle, The Washington Post; Campus free speech is threatened. But how much?
[Kip Currier: A timely piece, given yesterday's Information Ethics final lecture of the term on Intellectual Freedom and Censorship.]
"At Heterodox Academy, a site devoted to ideological diversity on campus, Sean Stevens and Jonathan Haidt dive into that first question. The answer they come up with is: Yes, support for free speech really does seem to be decreasing among the current generation of college students. And presumably as a result, speech-chilling activity is increasing."
[Kip Currier: A timely piece, given yesterday's Information Ethics final lecture of the term on Intellectual Freedom and Censorship.]
"At Heterodox Academy, a site devoted to ideological diversity on campus, Sean Stevens and Jonathan Haidt dive into that first question. The answer they come up with is: Yes, support for free speech really does seem to be decreasing among the current generation of college students. And presumably as a result, speech-chilling activity is increasing."
Former law student obtains $6.45M judgment in revenge porn case; ABA Journal, April 11, 2018
Debra Cassens Weiss, ABA Journal; Former law student obtains $6.45M judgment in revenge porn case
"A former law student in California has obtained a $6.45 million default judgment against a former boyfriend accused of posting her intimate photos after their breakup.
The woman, identified as “Jane Doe” in the case, was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, report Law360 and CNN...
"A former law student in California has obtained a $6.45 million default judgment against a former boyfriend accused of posting her intimate photos after their breakup.
The woman, identified as “Jane Doe” in the case, was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, report Law360 and CNN...
Besides infringement, the suit had alleged infliction of emotional distress, cyberstalking, and online impersonation with intent to cause harm.
Doe was represented by lawyers from K&L Gates’ Cyber Civil Rights Legal Project, a team of pro bono lawyers representing “revenge porn” victims. The award is the second-largest in a revenge porn case that doesn’t involve a celebrity, according to the law firm. The highest award, $8.9 million, was also obtained with the help of the project."
Scott Pruitt’s actions at the EPA have triggered a half-dozen investigations; Vox, April 12, 2018
Umair Irfan, Vox; Scott Pruitt’s actions at the EPA have triggered a half-dozen investigations
"The pressure on Environmental Protection Agency Administrator Scott Pruitt is building as inauspicious details keep emerging about what he’s been up to since taking office."
"The pressure on Environmental Protection Agency Administrator Scott Pruitt is building as inauspicious details keep emerging about what he’s been up to since taking office."
Trump Body Man Turned EPA Whistleblower Is Violating Ethics Rules, the Agency Says; ProPublica, April 12, 2018
Derek Kravitz and Alex Mierjeski, ProPublica; Trump Body Man Turned EPA Whistleblower Is Violating Ethics Rules, the Agency Says
"The Ethics in Government Act requires that all political appointees file financial disclosures with the agency they work at within 30 days of their start date. The disclosures serve two purposes: transparency and identifying potential liabilities tied to financial conflicts of interest. They include staffers’ assets, debts, and stock and other financial holdings. Staffers can get 90-day extensions from agencies.
EPA officials say Chmielewski has not been granted any extensions, and he’s still obligated to provide a financial disclosure even though he has left the agency...
"The Ethics in Government Act requires that all political appointees file financial disclosures with the agency they work at within 30 days of their start date. The disclosures serve two purposes: transparency and identifying potential liabilities tied to financial conflicts of interest. They include staffers’ assets, debts, and stock and other financial holdings. Staffers can get 90-day extensions from agencies.
EPA officials say Chmielewski has not been granted any extensions, and he’s still obligated to provide a financial disclosure even though he has left the agency...
Marilyn Glynn, former general counsel and acting director of the Office of Government Ethics in the George W. Bush administration, said Chmielewski’s failure to file the government paperwork is “highly unusual.”
“Never filing anything seems unusual to me,” she said. “He was still under the obligation to recuse himself [in the event of a conflict of interest], so presumably the ethics office would’ve told him that he’s liable for criminal prosecution should he step over that line.”
It’s unclear if Chmielewski simply forgot to file the required paperwork or chose to dodge the requirement."
MIA Ethics Bowl Team Best in State; Coastal Breeze News, April 12, 2018
Barry Gwinn, Coastal Breeze News; MIA Ethics Bowl Team Best in State
"Ground zero for this change at MIA is the Ethics Bowl Team, a little known group who have been immersed in ethical issues for the past three years. On January 27, the current team won the Florida State Ethics Bowl championship and will get a shot at a national championship, beginning on April 20 at Chapel Hill, North Carolina. The issues they discuss are provided by the National High School Ethics Bowl (NHSEB), headquartered on the campus of the University of North Carolina. The NHSEB oversees both regional and national competitions.
Mentoring and coaching the MIA team is math teacher, Chris Liebhart, who doubles as head baseball coach and assistant coach on three other varsity teams at the school...
For the national championships, the NHSEB had provided them with 16 case studies which were laid out like a law school hornbook, complete with references and case citations. The topics ranged from the Electoral College, Confederate monuments, male circumcision, and eminent domain, to dating on Tinder. The team would have to be prepared to discuss eight of these cases, but would not know in advance which ones they would draw."
"Ground zero for this change at MIA is the Ethics Bowl Team, a little known group who have been immersed in ethical issues for the past three years. On January 27, the current team won the Florida State Ethics Bowl championship and will get a shot at a national championship, beginning on April 20 at Chapel Hill, North Carolina. The issues they discuss are provided by the National High School Ethics Bowl (NHSEB), headquartered on the campus of the University of North Carolina. The NHSEB oversees both regional and national competitions.
Mentoring and coaching the MIA team is math teacher, Chris Liebhart, who doubles as head baseball coach and assistant coach on three other varsity teams at the school...
For the national championships, the NHSEB had provided them with 16 case studies which were laid out like a law school hornbook, complete with references and case citations. The topics ranged from the Electoral College, Confederate monuments, male circumcision, and eminent domain, to dating on Tinder. The team would have to be prepared to discuss eight of these cases, but would not know in advance which ones they would draw."
Comey book likens Trump to mafia boss 'untethered to truth'; The Guardian, April 12, 2018
Tom McCarthy and Martin Pengelly, The Guardian; Comey book likens Trump to mafia boss 'untethered to truth'
"The former FBI director James Comey denounces Donald Trump as “untethered to truth” and likens the president to a mafia boss, in an explosive new book set to bring fresh turmoil to the White House...
"The former FBI director James Comey denounces Donald Trump as “untethered to truth” and likens the president to a mafia boss, in an explosive new book set to bring fresh turmoil to the White House...
In an epilogue, Comey passes judgment on Trump’s character. Writing that “our country is paying a high price” for the 2016 election, he says: “This president is unethical, and untethered to the truth and institutional values. His leadership is transactional, ego driven, and about personal loyalty.”
The book, an instant bestseller, will be supported by a media blitz. In response, the Republican party has organized a Trumpian scheme to attack “Lyin’ Comey” – and has set up a rebuttal website."
Thursday, April 12, 2018
Facebook says it will stop fighting a major California privacy initiative; The Verge, April 12, 2018
Colin Lecher, The Verge; Facebook says it will stop fighting a major California privacy initiative
"Facebook will drop its opposition to a major California privacy initiative, backers of the initiative announced, just after Mark Zuckerberg finished a two-day grilling from congressional lawmakers.
The proposed ballot measure, called the California Consumer Privacy Act, could come to a statewide vote in November. Under the act, businesses would be required to disclose what categories of data they’ve collected on users, if those users request it. Californians would also be able to request that their personal information not be sold."
"Facebook will drop its opposition to a major California privacy initiative, backers of the initiative announced, just after Mark Zuckerberg finished a two-day grilling from congressional lawmakers.
The proposed ballot measure, called the California Consumer Privacy Act, could come to a statewide vote in November. Under the act, businesses would be required to disclose what categories of data they’ve collected on users, if those users request it. Californians would also be able to request that their personal information not be sold."
No, Mark Zuckerberg, we’re not really in control of our data; The Washington Post, April 12, 2018
Geoffrey A. Fowler, The Washington Post; No, Mark Zuckerberg, we’re not really in control of our data
"If Facebook wanted us to be in control of our data, it could put at the top of its home page a button that says “stop tracking me everywhere.” (I’d even pay a subscription fee for it.) There would be another one that says “reset my data.” But the reality is, if we all used those tools, it would probably be a disaster for Facebook’s business, which is based on having the largest pile of data to target its ads. Zuckerberg doesn’t want to talk about how his business is inseparable from its surveillance.
During one exchange, Rep. Anna G. Eshoo asked a question that cut to the core of the matter: “Are you willing to change your business model in the interest of protecting individual privacy?”
Zuckerberg replied, “I'm not sure what that means.”
I think he did."
"If Facebook wanted us to be in control of our data, it could put at the top of its home page a button that says “stop tracking me everywhere.” (I’d even pay a subscription fee for it.) There would be another one that says “reset my data.” But the reality is, if we all used those tools, it would probably be a disaster for Facebook’s business, which is based on having the largest pile of data to target its ads. Zuckerberg doesn’t want to talk about how his business is inseparable from its surveillance.
During one exchange, Rep. Anna G. Eshoo asked a question that cut to the core of the matter: “Are you willing to change your business model in the interest of protecting individual privacy?”
Zuckerberg replied, “I'm not sure what that means.”
I think he did."
After Cambridge Analytica, Privacy Experts Get to Say ‘I Told You So’; April 12, 2018
Nellie Bowles, The New York Times; After Cambridge Analytica, Privacy Experts Get to Say ‘I Told You So’
"In their own lives, privacy experts are now fielding a spike in calls from their relatives asking them for advice about protecting their personal data. Engineers are discussing new privacy projects with them. Even teenagers are paying attention to what they have to say.
For many of the developers, this is the right time to push ahead with testing more privacy solutions, including more advanced advertising blockers, peer-to-peer browsers that decentralize the internet, new encryption techniques, and data unions that let users pool their data and sell it themselves. Others want to treat tech giants more as information fiduciaries, which have a legal responsibility to protect user data.
And for the first time, many privacy experts think internet users will be more willing to put up with a little more inconvenience in return for a lot more privacy.
“This is the first blink of awakening of the world to a danger that’s been present for a long time, which is that we are exposed,” Mr. Searls said. “Cambridge Analytica is old, old news to privacy folks. They’re just the tip of the crapberg.”"
"In their own lives, privacy experts are now fielding a spike in calls from their relatives asking them for advice about protecting their personal data. Engineers are discussing new privacy projects with them. Even teenagers are paying attention to what they have to say.
For many of the developers, this is the right time to push ahead with testing more privacy solutions, including more advanced advertising blockers, peer-to-peer browsers that decentralize the internet, new encryption techniques, and data unions that let users pool their data and sell it themselves. Others want to treat tech giants more as information fiduciaries, which have a legal responsibility to protect user data.
And for the first time, many privacy experts think internet users will be more willing to put up with a little more inconvenience in return for a lot more privacy.
“This is the first blink of awakening of the world to a danger that’s been present for a long time, which is that we are exposed,” Mr. Searls said. “Cambridge Analytica is old, old news to privacy folks. They’re just the tip of the crapberg.”"
I Downloaded the Information That Facebook Has on Me. Yikes.; The New York Times, April 11, 2018
Brian X. Chen, The New York Times; I Downloaded the Information That Facebook Has on Me. Yikes.
"Be warned: Once you see the vast amount of data that has been collected about you, you won’t be able to unsee it."
"Be warned: Once you see the vast amount of data that has been collected about you, you won’t be able to unsee it."
Wednesday, April 11, 2018
The Most Important Exchange of the Zuckerberg Hearing; The Atlantic, April 11, 2018
Alexis C. Madrigal, The Atlantic; The Most Important Exchange of the Zuckerberg Hearing
"As with all advertising, one has to ask: When does persuasion become manipulation or coercion? If Facebook advertisers crossed that line, would the company even know it? Dozens of times throughout the proceedings, Zuckerberg testified that he wasn’t sure about the specifics of his own service. It seemed preposterous, but with billions of users and millions of advertisers, who exactly could know what was happening?
Most of the ways that people think they protect their privacy can’t account for this new and more complex reality, which Kennedy recognized in his closing remark.
“You focus a lot of your testimony ... on the individual privacy aspects of this, but we haven’t talked about the societal implications of it ... The underlying issue here is that your platform has become a mix of ... news, entertainment, and social media that is up for manipulation,” he said. “The changes to individual privacy don’t seem to be sufficient to address that underlying issue.”
"As with all advertising, one has to ask: When does persuasion become manipulation or coercion? If Facebook advertisers crossed that line, would the company even know it? Dozens of times throughout the proceedings, Zuckerberg testified that he wasn’t sure about the specifics of his own service. It seemed preposterous, but with billions of users and millions of advertisers, who exactly could know what was happening?
Most of the ways that people think they protect their privacy can’t account for this new and more complex reality, which Kennedy recognized in his closing remark.
“You focus a lot of your testimony ... on the individual privacy aspects of this, but we haven’t talked about the societal implications of it ... The underlying issue here is that your platform has become a mix of ... news, entertainment, and social media that is up for manipulation,” he said. “The changes to individual privacy don’t seem to be sufficient to address that underlying issue.”
It’s not just America: Zuckerberg has to answer for Facebook’s actions around the world; The Washington Post, April 10, 2018
Karen Attiah, The Washington Post; It’s not just America: Zuckerberg has to answer for Facebook’s actions around the world
"In many countries around the world, Facebook is the Internet. And with little ability to influence how the social media site operates, such nations are vulnerable to any policy action — or inaction — the company decides to take.
So while Zuckerberg struggles to answer for how his company is affecting Americans, let’s not forget that he has a lot more to answer for...
Time will tell if countries outside of the United States will ever be able to compel Zuckerberg to appear before their citizens and lawmakers to answer for Facebook’s actions. He may never appear in say, Germany, India, or Nigeria on his whirlwind apology tour. Nevertheless, he should not be absolved from the global consequences of the digital empire that he has built."
"In many countries around the world, Facebook is the Internet. And with little ability to influence how the social media site operates, such nations are vulnerable to any policy action — or inaction — the company decides to take.
So while Zuckerberg struggles to answer for how his company is affecting Americans, let’s not forget that he has a lot more to answer for...
Time will tell if countries outside of the United States will ever be able to compel Zuckerberg to appear before their citizens and lawmakers to answer for Facebook’s actions. He may never appear in say, Germany, India, or Nigeria on his whirlwind apology tour. Nevertheless, he should not be absolved from the global consequences of the digital empire that he has built."
Mark Zuckerberg's Facebook hearing was an utter sham; The Guardian, April 11, 2018
Zephyr Teachout, The Guardian; Mark Zuckerberg's Facebook hearing was an utter sham
"On Tuesday, Facebook CEO Mark Zuckerberg was in the hot seat. Cameras surrounded him. The energy in the room – and on Twitter – was electric. At last, the reluctant CEO is made to answer some questions!
Except it failed. It was designed to fail. It was a show designed to get Zuckerberg off the hook after only a few hours in Washington DC. It was a show that gave the pretense of a hearing without a real hearing. It was designed to deflect and confuse...
"On Tuesday, Facebook CEO Mark Zuckerberg was in the hot seat. Cameras surrounded him. The energy in the room – and on Twitter – was electric. At last, the reluctant CEO is made to answer some questions!
Except it failed. It was designed to fail. It was a show designed to get Zuckerberg off the hook after only a few hours in Washington DC. It was a show that gave the pretense of a hearing without a real hearing. It was designed to deflect and confuse...
In my view, we need to break up Facebook from Instagram and the other potential competitors that Facebook bought up. We need to – at a minimum – move towards opt-in, we need to hold Facebook responsible for enabling discrimination, and we need to require interoperability.
But that’s not enough. There is so much we don’t know about Facebook. We know we have a corporate monopoly that has repeated serious violations that are threatening our democracy. We don’t know how their algorithm treats news organizations or content producers, how Facebook uses its own information about Facebook users or how tracking across platforms works, to just give a few examples.
Now that the initial show trial is done, we need the real deal, one where no senator gets cut off after a few minutes. The real hearing would allow for unlimited questions from each of our senators, who represent millions of people. If it takes two months of sitting in Washington DC, let it take two months. This is our democracy."
Facebook’s boy billionaire leaves the tough stuff to the grown-ups; The Washington Post, April 10, 2018
Dana Milbank, The Washington Post; Facebook’s boy billionaire leaves the tough stuff to the grown-ups
"Where do the 87 million Facebook users who had their data scraped for Cambridge Analytica come from?
“We can follow up with your office.”
Does Facebook collect user data through cross-device tracking?
“I want to have my team follow up with you on that.”
Is Facebook a neutral forum or does it engage in First Amendment-protected speech?
“I would need to follow up with you on that.”
Zuckerberg was practically crying out for adult supervision.
Zuckerberg, of course, is no dummy. He was coached for the hearing by some of the best Washington hands money can buy. His professed ignorance, therefore, was most likely a calculation that he could avoid committing to much — and it wouldn’t come back to bite him.
He was probably right. Senators seemed as if they were less interested in regulating him than in gawking at him."
"Where do the 87 million Facebook users who had their data scraped for Cambridge Analytica come from?
“We can follow up with your office.”
Does Facebook collect user data through cross-device tracking?
“I want to have my team follow up with you on that.”
Is Facebook a neutral forum or does it engage in First Amendment-protected speech?
“I would need to follow up with you on that.”
Zuckerberg was practically crying out for adult supervision.
Zuckerberg, of course, is no dummy. He was coached for the hearing by some of the best Washington hands money can buy. His professed ignorance, therefore, was most likely a calculation that he could avoid committing to much — and it wouldn’t come back to bite him.
He was probably right. Senators seemed as if they were less interested in regulating him than in gawking at him."
Senate fails its Zuckerberg test; CNN, April 11, 2018
Dylan Byers, CNN; Senate fails its Zuckerberg test
"Congress doesn't understand Facebook.
Mark Zuckerberg emerged unscathed from Tuesday's Senate committee hearing, and he did so in large part because most of the senators who asked him questions had no clue how Facebook worked, what the solutions to its problems are, or even what they were trying to achieve by calling its CEO to testify, other than getting some good soundbites in.
What the first day of the Zuckerberg hearings made clear is that many American lawmakers are illiterate when it comes to 21st century technology."
"Congress doesn't understand Facebook.
Mark Zuckerberg emerged unscathed from Tuesday's Senate committee hearing, and he did so in large part because most of the senators who asked him questions had no clue how Facebook worked, what the solutions to its problems are, or even what they were trying to achieve by calling its CEO to testify, other than getting some good soundbites in.
What the first day of the Zuckerberg hearings made clear is that many American lawmakers are illiterate when it comes to 21st century technology."
Congress tried to crack Zuckerberg – but Facebook still has all the power; The Guardian, April 10, 2018
Julia Carrie Wong, The Guardian; Congress tried to crack Zuckerberg – but Facebook still has all the power
"In the end, it was Zuckerberg’s attitude toward his own privacy that was most revealing of the difference between the control that Facebook offers users and actual privacy. Zuckerberg said many times that he and his all his family used Facebook – a talking point we were apparently meant to take as proof that Facebook is safe.
Yet under questioning from Senator Dick Durbin, Zuckerberg expressed discomfort with revealing certain personal information, such as which hotel he was staying at while in Washington DC.
I’m a relatively well-informed Facebook user. I probably pay more attention than most people to privacy settings, and I consistently turn off things like location tracking. And yet, my Facebook data includes dozens of cases where the company has logged my location based on my IP address.
Zuckerberg may not want us to know where he slept last night, but his company sure as hell knows where the rest of us are sleeping."
"In the end, it was Zuckerberg’s attitude toward his own privacy that was most revealing of the difference between the control that Facebook offers users and actual privacy. Zuckerberg said many times that he and his all his family used Facebook – a talking point we were apparently meant to take as proof that Facebook is safe.
Yet under questioning from Senator Dick Durbin, Zuckerberg expressed discomfort with revealing certain personal information, such as which hotel he was staying at while in Washington DC.
I’m a relatively well-informed Facebook user. I probably pay more attention than most people to privacy settings, and I consistently turn off things like location tracking. And yet, my Facebook data includes dozens of cases where the company has logged my location based on my IP address.
Zuckerberg may not want us to know where he slept last night, but his company sure as hell knows where the rest of us are sleeping."
Tuesday, April 10, 2018
Zuckerberg tells Congress ‘we didn’t do enough’ to prevent privacy crises that rock Facebook; Washington Post, April 10, 2018
Craig Timberg, Tony Romm and Elizabeth Dwoskin, Washington Post; Zuckerberg tells Congress ‘we didn’t do enough’ to prevent privacy crises that rock Facebook
"Another pointed exchange took place when Sen. Richard Durbin (D-IL), asked Zuckerberg what hotel he stayed at Monday night and the names of anyone he messaged this week. Zuckerberg, appearing somewhat amused by the question, declined to answer.
Durbin shot back, “I think that may be what this is all about: your right to privacy, the limits of your right to privacy and how much you give away in modern America in the name of quote, 'connecting people around the world.' ”"
"Another pointed exchange took place when Sen. Richard Durbin (D-IL), asked Zuckerberg what hotel he stayed at Monday night and the names of anyone he messaged this week. Zuckerberg, appearing somewhat amused by the question, declined to answer.
Durbin shot back, “I think that may be what this is all about: your right to privacy, the limits of your right to privacy and how much you give away in modern America in the name of quote, 'connecting people around the world.' ”"
Mark Zuckerberg posts a Facebook message as he heads into Senate hearing; CNN, April 10, 2018
CNN; Mark Zuckerberg posts a Facebook message as he heads into Senate hearing
"Facebook CEO Mark Zuckerberg posted a message to his page just before he heads into the joint committee hearing in the wake of Facebook's data scandal.
"In an hour I’m going to testify in front of the Senate about how Facebook needs to take a broader view of our responsibility -- not just to build tools, but to make sure those tools are used for good," Zuckerberg wrote. "I will do everything I can to make Facebook a place where everyone can stay closer with the people they care about, and to make sure it's a positive force in the world.""
"Facebook CEO Mark Zuckerberg posted a message to his page just before he heads into the joint committee hearing in the wake of Facebook's data scandal.
"In an hour I’m going to testify in front of the Senate about how Facebook needs to take a broader view of our responsibility -- not just to build tools, but to make sure those tools are used for good," Zuckerberg wrote. "I will do everything I can to make Facebook a place where everyone can stay closer with the people they care about, and to make sure it's a positive force in the world.""
A sea of Mark Zuckerberg cutouts has taken over the Capitol lawn; CNN, April 10, 2018
Andrea Diaz, CNN; A sea of Mark Zuckerberg cutouts has taken over the Capitol lawn
"The Avaaz campaign also includes an open letter in response to Zuckerberg's apology, which more than 850,000 people across the world have signed. Zuckerberg took out full-page ads in several British and American newspapers to apologize for a "breach of trust" in the Cambridge Analytica scandal.
The letter addresses four key elements the organization wants Facebook and other internet sites to address: tell the truth, ban the bots, alert the public and fund the fact-checkers.
"We want Facebook to tell the truth regarding the work that is being done to stop this and the scale of the fake news and fake post problem. We just want to know the transparency of the problem and what is being done to tackle it," [Avaaz campaign director Nell] Greenberg said."
"The Avaaz campaign also includes an open letter in response to Zuckerberg's apology, which more than 850,000 people across the world have signed. Zuckerberg took out full-page ads in several British and American newspapers to apologize for a "breach of trust" in the Cambridge Analytica scandal.
The letter addresses four key elements the organization wants Facebook and other internet sites to address: tell the truth, ban the bots, alert the public and fund the fact-checkers.
"We want Facebook to tell the truth regarding the work that is being done to stop this and the scale of the fake news and fake post problem. We just want to know the transparency of the problem and what is being done to tackle it," [Avaaz campaign director Nell] Greenberg said."
Government Ethics Officials Raise Red Flags On EPA Chief Scott Pruitt; NPR, April 10, 2018
Domenico Montanaro, NPR; Government Ethics Officials Raise Red Flags On EPA Chief Scott Pruitt
"The Office of Government Ethics on Monday issued a strongly worded letter (full letter at the bottom of this post) that lays out its case for why ethics matter.
"Public trust demands that all employees act in the public's interest, and free from any actual or perceived conflicts when fulfilling governmental responsibilities entrusted to them," writes David Apol, acting director and general counsel of the office.
What's more, Apol points out, Pruitt is not just any "employee" who has to be held to this standard.
"Agency heads in particular bear a heightened responsibility," he notes. That's because, according to the Code of Federal Regulations, agency heads are literally "required to 'exercise personal leadership in ... establishing and maintaining an effective agency ethics program and fostering an ethical culture in the agency.'"
Not only that, but the statute lays out the expectation that agency heads "enforce" ethics rules in their agencies and consider them in "evaluating the performance of senior executives.""
"The Office of Government Ethics on Monday issued a strongly worded letter (full letter at the bottom of this post) that lays out its case for why ethics matter.
"Public trust demands that all employees act in the public's interest, and free from any actual or perceived conflicts when fulfilling governmental responsibilities entrusted to them," writes David Apol, acting director and general counsel of the office.
What's more, Apol points out, Pruitt is not just any "employee" who has to be held to this standard.
"Agency heads in particular bear a heightened responsibility," he notes. That's because, according to the Code of Federal Regulations, agency heads are literally "required to 'exercise personal leadership in ... establishing and maintaining an effective agency ethics program and fostering an ethical culture in the agency.'"
Not only that, but the statute lays out the expectation that agency heads "enforce" ethics rules in their agencies and consider them in "evaluating the performance of senior executives.""
A Code Of Ethics In Research; Forbes, April 9, 2018
Scott McDonald, Forbes; A Code Of Ethics In Research
"A single-minded focus on matters of fact can still leave us blind to the ethical implications of our work...
What ethical guidelines guide the use of “secondary data” collected for some other purpose, but now used for research? What responsibility do researchers have to ensure that the data they are using were collected legally, without any deception? What rights do consumers have to know about and approve the uses to which their data are put? What obligations do researchers have to protect consumers from harm that might come from the misuse of their data? What ethical guidelines should govern profiling and highly-targeted communications?
The reality is that the ability of technology to collect data is outstripping the guidelines in place to ensure that sound business practices are being followed. Just because we can do something, it doesn’t mean we should. The Cambridge event is a reckoning, not a revelation.
Let me be clear. The issue is that we should establish and comply with ethical guidelines not to ward off government intervention, but because it is good for our business. Consumer data is not ours, it belongs to consumers, and if we possess it and use it any form, we have a responsibility to respect it – and the consumer who provided it.
To that end, the ARF has issued a call for development and establishment of guidelines and standards to govern consumer data collection and protection."
"A single-minded focus on matters of fact can still leave us blind to the ethical implications of our work...
What ethical guidelines guide the use of “secondary data” collected for some other purpose, but now used for research? What responsibility do researchers have to ensure that the data they are using were collected legally, without any deception? What rights do consumers have to know about and approve the uses to which their data are put? What obligations do researchers have to protect consumers from harm that might come from the misuse of their data? What ethical guidelines should govern profiling and highly-targeted communications?
The reality is that the ability of technology to collect data is outstripping the guidelines in place to ensure that sound business practices are being followed. Just because we can do something, it doesn’t mean we should. The Cambridge event is a reckoning, not a revelation.
Let me be clear. The issue is that we should establish and comply with ethical guidelines not to ward off government intervention, but because it is good for our business. Consumer data is not ours, it belongs to consumers, and if we possess it and use it any form, we have a responsibility to respect it – and the consumer who provided it.
To that end, the ARF has issued a call for development and establishment of guidelines and standards to govern consumer data collection and protection."
Privacy By Design Is Important For Every Area Of Your Business; Forbes, April 10, 2018
Heidi Maher, Forbes; Privacy By Design Is Important For Every Area Of Your Business
"The only solution -- the only way to change people’s behavior -- is to embed privacy in the very fabric of the organization. That’s why Privacy by Design, a decades-old application design and development strategy, is now being discussed as a foundational strategy for entire organizations...
Finally, the use of new technologies is evolving so fast it creates significant legal complexity. Who is at fault when an accident involves a self-driving car? Who can access the data collected by a fitness tracker or medical device implant?
While we may not be able to untangle all the legal and regulatory questions yet, we can do a better job of protecting the data. The seven original principles of Privacy by Design -- developed for software engineers by the Information and Privacy Commissioner of Ontario, Canada, the Dutch Data Protection Authority, and the Netherlands Organisation for Applied Scientific Research – suggest the path forward..."
"The only solution -- the only way to change people’s behavior -- is to embed privacy in the very fabric of the organization. That’s why Privacy by Design, a decades-old application design and development strategy, is now being discussed as a foundational strategy for entire organizations...
Finally, the use of new technologies is evolving so fast it creates significant legal complexity. Who is at fault when an accident involves a self-driving car? Who can access the data collected by a fitness tracker or medical device implant?
While we may not be able to untangle all the legal and regulatory questions yet, we can do a better job of protecting the data. The seven original principles of Privacy by Design -- developed for software engineers by the Information and Privacy Commissioner of Ontario, Canada, the Dutch Data Protection Authority, and the Netherlands Organisation for Applied Scientific Research – suggest the path forward..."
Full transcript: Apple CEO Tim Cook with Recode’s Kara Swisher and MSNBC’s Chris Hayes; Recode, April 6, 2018
Meghann Farnsworth, Recode; Full transcript: Apple CEO Tim Cook with Recode’s Kara Swisher and MSNBC’s Chris Hayes
"Recode’s Kara Swisher and MSNBC’s Chris Hayes interviewed Apple CEO Tim Cook in Chicago, IL. The interview was taped on Tuesday, March 27, and aired on Friday, April 6, 2018. Read the full transcript below.
The full video is not available online but you can listen to the full, uncut interview on Recode Decode, hosted by Kara Swisher. The audio is embedded below, or you can find the podcast on Apple Podcasts, Spotify, Pocket Casts, Overcast or wherever you listen to podcasts."
"Recode’s Kara Swisher and MSNBC’s Chris Hayes interviewed Apple CEO Tim Cook in Chicago, IL. The interview was taped on Tuesday, March 27, and aired on Friday, April 6, 2018. Read the full transcript below.
The full video is not available online but you can listen to the full, uncut interview on Recode Decode, hosted by Kara Swisher. The audio is embedded below, or you can find the podcast on Apple Podcasts, Spotify, Pocket Casts, Overcast or wherever you listen to podcasts."
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