Orly Lobel, Harvard Business Review; NDAs Are Out of Control. Here’s What Needs to Change
[Kip
Currier: Came across this article about Nondisclosure Agreements (NDAs)
while updating a Trade Secrets lecture for this week. The author raises a number of thought-provoking ethical and policy issues to consider. Good information
for people in all sectors to think about when faced with signing an NDA
and/or managing NDAs.]
"Nondisclosure agreements, or NDAs, which are increasingly common in
employment contracts, suppress employee speech and chill creativity. The
current revelations surfacing years of harassment in major
organizations are merely the tip of the iceberg.
New data shows
that over one-third of the U.S. workforce is bound by an NDA. These
contracts have grown not only in number but also in breadth. They not
only appear in settlements after a victim of sexual harassment has
raised her voice but also are now routinely included in standard
employment contracts upon hiring. At the outset, NDAs attempt to impose
several obligations upon a new employee. They demand silence, often
broadly worded to protect against speaking up against corporate culture
or saying anything that would portray the company and its executives in a
negative light. NDAs also attempt to expand the definitions of secrecy
to cover more information than the traditional bounds of trade secret
law, in effect preventing an employee from leaving their employer and
continuing to work in the same field."
The Ebook version of my Bloomsbury book "Ethics, Information, and Technology" will be published on December 11, 2025 and the Hardback and Paperback versions will be available on January 8, 2026; Preorders are available via this webpage: https://www.bloomsbury.com/us/ethics-information-and-technology-9781440856662/
Thursday, November 1, 2018
Tuesday, October 30, 2018
‘I’m Dr. Cohen’: The powerful humanity of the Jewish hospital staff that treated Robert Bowers; The Washington Post, October 30, 2018
Eli Rosenberg, The Washington Post; ‘I’m Dr. Cohen’: The powerful humanity of the Jewish hospital staff that treated Robert Bowers
“We’re here to take care of sick people,” Cohen, who is a member of the congregation where the massacre happened, said in an interview with ABC affiliate WTAE. “We’re not here to judge you. We’re not here to ask ’Do you have insurance?’ or ’Do you not have insurance?’ We’re here to take care of people that need our help.”"
"The man accused in the brutal killings of 11 people
in a synagogue in Pittsburgh was taken to the hospital after he was
apprehended to be treated for the injuries he suffered in a gunfight
with the police.
In the emergency room when he arrived, he was shouting, “I want to kill all the Jews,” according to the hospital’s president.
If
he only knew then about the identity of the team tasked with keeping
him alive: At least three of the doctors and nurses who cared for Robert
Bowers at the Allegheny General Hospital were Jewish, according to
President Jeffrey K. Cohen.
“We’re here to take care of sick people,” Cohen, who is a member of the congregation where the massacre happened, said in an interview with ABC affiliate WTAE. “We’re not here to judge you. We’re not here to ask ’Do you have insurance?’ or ’Do you not have insurance?’ We’re here to take care of people that need our help.”"
Thursday, October 25, 2018
Even The Data Ethics Initiatives Don't Want To Talk About Data Ethics; Forbes, October 23, 2018
Kalev Leetaru, Forbes; Even The Data Ethics Initiatives Don't Want To Talk About Data Ethics
"Two weeks ago, a new data ethics initiative, the Responsible Computer Science Challenge, caught my eye. Funded by the Omidyar Network, Mozilla, Schmidt Futures and Craig Newmark Philanthropies, the initiative will award up to $3.5M to “promising approaches to embedding ethics into undergraduate computer science education, empowering graduating engineers to drive a culture shift in the tech industry and build a healthier internet.” I was immediately excited about a well-funded initiative focused on seeding data ethics into computer science curricula, getting students talking about ethics from the earliest stages of their careers. At the same time, I was concerned about whether even such a high-profile effort could possibly reverse the tide of anti-data-ethics that has taken root in academia and what impact it could realistically have in a world in which universities, publishers, funding agencies and employers have largely distanced themselves from once-sacrosanct data ethics principles like informed consent and the right to opt out. Surprisingly, for an initiative focused on evangelizing ethics, the Challenge declined to answer any of the questions I posed it regarding how it saw its efforts as changing this. Is there any hope left for data ethics when the very initiatives designed to help teach ethics don’t want to talk about ethics?"
"Two weeks ago, a new data ethics initiative, the Responsible Computer Science Challenge, caught my eye. Funded by the Omidyar Network, Mozilla, Schmidt Futures and Craig Newmark Philanthropies, the initiative will award up to $3.5M to “promising approaches to embedding ethics into undergraduate computer science education, empowering graduating engineers to drive a culture shift in the tech industry and build a healthier internet.” I was immediately excited about a well-funded initiative focused on seeding data ethics into computer science curricula, getting students talking about ethics from the earliest stages of their careers. At the same time, I was concerned about whether even such a high-profile effort could possibly reverse the tide of anti-data-ethics that has taken root in academia and what impact it could realistically have in a world in which universities, publishers, funding agencies and employers have largely distanced themselves from once-sacrosanct data ethics principles like informed consent and the right to opt out. Surprisingly, for an initiative focused on evangelizing ethics, the Challenge declined to answer any of the questions I posed it regarding how it saw its efforts as changing this. Is there any hope left for data ethics when the very initiatives designed to help teach ethics don’t want to talk about ethics?"
Apple’s Tim Cook makes blistering attack on the ‘data industrial complex’; October 24, 2018
Natasha Lomas, TechCrunch; Apple’s Tim Cook makes blistering attack on the ‘data industrial complex’
"Apple’s CEO Tim Cook has joined the chorus of voices warning that data itself is being weaponized against people and societies — arguing that the trade in digital data has exploded into a “data industrial complex”."
"Apple’s CEO Tim Cook has joined the chorus of voices warning that data itself is being weaponized against people and societies — arguing that the trade in digital data has exploded into a “data industrial complex”."
Apple’s Tim Cook blasts Silicon Valley over privacy issues; The Washington Post, October 24, 2018
Tony Romm, The Washington Post; Apple’s Tim Cook blasts Silicon Valley over privacy issues
"Apple chief executive Tim Cook on Wednesday warned the world’s most powerful regulators that the poor privacy practices of some tech companies, the ills of social media and the erosion of trust in his own industry threaten to undermine “technology’s awesome potential” to address challenges such as disease and climate change."
"Apple chief executive Tim Cook on Wednesday warned the world’s most powerful regulators that the poor privacy practices of some tech companies, the ills of social media and the erosion of trust in his own industry threaten to undermine “technology’s awesome potential” to address challenges such as disease and climate change."
Hackers Are Breaking into Medical Databases to Protect Patient Data; The Scientist, October 1, 2018
Catherine Offord, The Scientist; Hackers Are Breaking into Medical Databases to Protect Patient Data
"The first few times Ben Sadeghipour hacked into a computer, it was to access the video games on his older brother’s desktop. “He would usually have a password on his computer, and I would try and guess his password,” Sadeghipour tells The Scientist. Sometimes he’d guess right. Other times, he wouldn’t. “So I got into learning about how to get into computers that were password protected,” he says. “At the time, I had no clue that what I was doing was considered hacking.”
The skills he picked up back then would become unexpectedly useful later in life. Sadeghipour now breaks into other people’s computer systems as a profession. He is one of thousands of so-called ethical hackers working for HackerOne, a company that provides services to institutions and businesses looking to test the security of their systems and identify vulnerabilities before criminals do."
"The first few times Ben Sadeghipour hacked into a computer, it was to access the video games on his older brother’s desktop. “He would usually have a password on his computer, and I would try and guess his password,” Sadeghipour tells The Scientist. Sometimes he’d guess right. Other times, he wouldn’t. “So I got into learning about how to get into computers that were password protected,” he says. “At the time, I had no clue that what I was doing was considered hacking.”
The skills he picked up back then would become unexpectedly useful later in life. Sadeghipour now breaks into other people’s computer systems as a profession. He is one of thousands of so-called ethical hackers working for HackerOne, a company that provides services to institutions and businesses looking to test the security of their systems and identify vulnerabilities before criminals do."
Wednesday, October 24, 2018
Libraries are about democracy, not just books; The Age (Melbourne, Australia), October 9, 2018
Christie Nieman, The Age (Melbourne, Australia); Libraries are about democracy, not just books
[Kip Currier: This article provides a persuasive, nuanced first-hand account by a librarian in Victoria, Australia about the vital role of libraries in communities as incubators for democratic values like access to information, analog and digital literacy, and an informed, educated electorate.
It can be easy to talk about and wax eloquently about the importance of democracy--at least, in places where, thankfully, free speech enables that kind of discourse.
The harder job of walking the talk, in terms of public infrastructure development and sustainability, is what the author of this piece unpacks for us:
"Certainly, once upon a time, a public library was a collection of books. But it was never only that. The mission of a public library is, and always was, to allow whole community access to knowledge, information, literature, and cultural participation. Every single day, your public library aims to provide something necessary or enriching – for free – for you and every individual in its locality. It aims to do this even for those who never darken its door, just in case one day they do. A public library is an instrument of democracy. Its mission is access for all, no one left behind...
These days access and full participation is simply not possible without some level of digital literacy. Teaching this skill has become fundamental to the age-old library mission. Daily, I teach older people and new arrivals how to use email and show people from all walks of life how to scan their documents, search for jobs, submit online forms to Centrelink...
Not by mistake is "Libraries Change Lives" the name of the new Public Libraries Victoria Network campaign - a slogan for a collaborative effort to educate people about libraries and ensure they are well funded, now and far into the future.
Libraries need to be protected. By all of us, for each other. And and we need to remember that libraries are not just nice, they are necessary."
[Kip Currier: This article provides a persuasive, nuanced first-hand account by a librarian in Victoria, Australia about the vital role of libraries in communities as incubators for democratic values like access to information, analog and digital literacy, and an informed, educated electorate.
It can be easy to talk about and wax eloquently about the importance of democracy--at least, in places where, thankfully, free speech enables that kind of discourse.
The harder job of walking the talk, in terms of public infrastructure development and sustainability, is what the author of this piece unpacks for us:
Informing, reminding, and inspiring people why democracy requires necessary investment--in the short-term and for the long-term public interest--for civil societies to take root and thrive. Investment in public interest-committed institutions like libraries. For the benefit of everyone.As quantitative and qualitative data (see here and here) and experiential stories demonstrate time and time again, libraries are local community, regional, national, and transnational anchors and portals to the kinds of activities and values that are necessary for democracies to grow and flourish. For people of all walks of life.]
"Certainly, once upon a time, a public library was a collection of books. But it was never only that. The mission of a public library is, and always was, to allow whole community access to knowledge, information, literature, and cultural participation. Every single day, your public library aims to provide something necessary or enriching – for free – for you and every individual in its locality. It aims to do this even for those who never darken its door, just in case one day they do. A public library is an instrument of democracy. Its mission is access for all, no one left behind...
These days access and full participation is simply not possible without some level of digital literacy. Teaching this skill has become fundamental to the age-old library mission. Daily, I teach older people and new arrivals how to use email and show people from all walks of life how to scan their documents, search for jobs, submit online forms to Centrelink...
Not by mistake is "Libraries Change Lives" the name of the new Public Libraries Victoria Network campaign - a slogan for a collaborative effort to educate people about libraries and ensure they are well funded, now and far into the future.
Libraries need to be protected. By all of us, for each other. And and we need to remember that libraries are not just nice, they are necessary."
Tuesday, October 23, 2018
Iowa man burns children's books from public library to protest Orange City Pride; Des Moines Register, October 22, 2018
Shelby Fleig, Des Moines Register; Iowa man burns children's books from public library to protest Orange City Pride
[Kip Currier: The American Library Association's (ALA) Banned Books Week was last month. It's an annual event, started in 1982 by the late Judith Krug, a staunch intellectual freedom advocate, to raise awareness of the importance of intellectual freedom and efforts by some to ban books.
The theme for this year's event is "Banning Books Silences Stories". This Des Moines Register article and video about a man who videotaped himself burning several LGBTQ-themed books owned by a public library in Iowa is a tangible example of attempts to silence the stories of others.
Watch this 3 minute 2012 Banned Books Week video by veteran journalist Bill Moyers for a still-relevant response regarding, as Moyers puts it, "self-deputized vigilantes".]
[Kip Currier: The American Library Association's (ALA) Banned Books Week was last month. It's an annual event, started in 1982 by the late Judith Krug, a staunch intellectual freedom advocate, to raise awareness of the importance of intellectual freedom and efforts by some to ban books.
The theme for this year's event is "Banning Books Silences Stories". This Des Moines Register article and video about a man who videotaped himself burning several LGBTQ-themed books owned by a public library in Iowa is a tangible example of attempts to silence the stories of others.
Watch this 3 minute 2012 Banned Books Week video by veteran journalist Bill Moyers for a still-relevant response regarding, as Moyers puts it, "self-deputized vigilantes".]
"The Orange City Public Library said it's
exploring legal options after a northwest Iowa man rented and then
publicly burned several children's books Friday.
The second
annual OC Pride kicked off Friday with a story time for kids, a
schedule shows. About an hour before the event, Paul Dorr started a live
Facebook video, in which he stood near the Prairie Winds Event Center.
The 27-minute video ends with Dorr throwing at least four books with
LGBTQ themes that he claimed he rented from the public library into a
burning trash can."
Monday, October 22, 2018
National Conference on the First Amendment; Duquesne University, October 21 - October 22, 2018
"National Conference on the First Amendment
Sunday, October 21 - Monday, October 22, 2018
Duquesne University Power Center Ballroom
[Kip Currier: Just listened virtually (see the link at the bottom of this post!) to the National Conference on the First Amendment's
Monday morning panels comprised of a diverse array of newspaper editors
(New York Times, Washington Post, Pittsburgh Post-Gazette), university
presidents (Morehouse College, University of Chicago, University of
Virginia), and other 1st Amendment and national security experts from
government, industry, and the academy.
Hearing the thoughts of these impressive thought leaders was
enlightening, thought-provoking, AND energizing. I'll be blogging about
some of the sessions in the near future. Hopefully, the videos of these
sessions will be made available--and transcripts would be a great
resource as well!]
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."The National Conference on the First Amendment: Bedrock of American Freedoms will shine a light on the critical importance of the First Amendment in a free and democratic society, to open a dialogue with Americans about the First Amendment and its central role in maintaining the viability of our democratic institutions and to help diverse audiences recognize that we, as Americans, still share foundational values. At a time when incivility and disregard for foundational principles have become the norm in our society, all Americans—regardless of ideology or politics—can find common ground in a national celebration of the First Amendment.
- The First Amendment to the United States Constitution
This conference will devote attention to all aspects of our basic freedoms, including freedom of speech, freedom of the press, freedom of religion, the right to peaceably assemble and to government petition. The conference also will cover modern technology, social media and more. With the help of some of the best minds in the country, the conference will challenge us to rediscover the central role that the First Amendment plays in our American democracy.
Speakers and panelists include nationally known experts in journalism, politics, law, higher education and civic advocacy. For complete details, see the conference agenda.
Live Webcast
In addition, the conference will be webcast live on Oct. 21-22 for those unable to attend in person."Saturday, October 20, 2018
The Saudis and Trump insult our intelligence. Congress shouldn’t.; The Washington Post, October 20, 2018
Jennifer Rubin, The Washington Post; The Saudis and Trump insult our intelligence. Congress shouldn’t.
"White House Press Secretary Sarah Sanders’s bland acknowledgment of Khashoggi’s death and announcement that the White House would continue to “follow” international investigations (that would be the Saudi’s self-investigation?) reminds one of Hannah Arendt’s phrase “the banality of evil.”...
In allowing the Saudis to delay this long and failing to demand audio recordings allegedly capturing the murder, the administration has become an accessory after the fact, an enabler of nearly unimaginable evil."
"White House Press Secretary Sarah Sanders’s bland acknowledgment of Khashoggi’s death and announcement that the White House would continue to “follow” international investigations (that would be the Saudi’s self-investigation?) reminds one of Hannah Arendt’s phrase “the banality of evil.”...
There
was no actual condemnation by the administration of this human rights
atrocity, no defense of a free press or of the right of Americans
(residents or citizens) to travel safely. The administration looks
feckless, and if it continues down this road, will earn the ridicule and
disdain of Americans, our allies and all free peoples.
In allowing the Saudis to delay this long and failing to demand audio recordings allegedly capturing the murder, the administration has become an accessory after the fact, an enabler of nearly unimaginable evil."
The world has a question for the White House: When do murders matter?; The Washington Post, October 19, 2018
Emily Rauhala, and Anton Troianovski, The Washington Post; The world has a question for the White House: When do murders matter?
[Kip Currier: The price of
freedom of speech and a free press can be incredibly high. This was indelibly
illuminated these past few weeks via the brutal murder of Saudi journalist
Jamal Khashoggi, whose last piece What
the Arab world needs most is free expression was published this week in The
Washington Post, as well as via subsequent ham-handed and obfuscatory cover-up
tactics by the responsible "masterminds", perpetrators, accomplices, and apologists, both domestic and global.
It's equally important that we remember other fact-seekers who have suffered and continue to suffer injustice and death for seeking and reporting information: Panama Papers investigative reporter Daphne Caruana Galizia who was killed last year in a bomb blast while investigating corruption in Malta; Viktoria Marinova who was reporting on corruption and was raped and killed this month in Bulgaria; Reuters reporters Wa Lone and Kyaw Soe Oo who were shedding light on the plight of Myanmar's Rohingya Muslims and were recently sentenced to 7 years in prison for collecting and obtaining "confidential documents"; and myriad others.
Every day, and especially at times like these when the world is watching the aftermath of efforts to silence reporter and free expression advocate Jamal Khashoggi, while, unintentionally and paradoxically, elevating him to a worldwide audience, what our leaders say--and don't say--is of profound importance in communicating our most cherished values, and where our "lines in the sand" are on free speech, free and independent presses, truth, accountability, and the value of human life.
Leaders must remember that we and all of the world are watching to see what is done and is not done in matters of human rights and the rule of law. We must continue to hold them responsible for their action and inaction. History and future generations will as well.]
“In effect,” he added, “The U.S. is setting a new standard for itself” — and in so doing, may be setting a new standard for the world."
It's equally important that we remember other fact-seekers who have suffered and continue to suffer injustice and death for seeking and reporting information: Panama Papers investigative reporter Daphne Caruana Galizia who was killed last year in a bomb blast while investigating corruption in Malta; Viktoria Marinova who was reporting on corruption and was raped and killed this month in Bulgaria; Reuters reporters Wa Lone and Kyaw Soe Oo who were shedding light on the plight of Myanmar's Rohingya Muslims and were recently sentenced to 7 years in prison for collecting and obtaining "confidential documents"; and myriad others.
Every day, and especially at times like these when the world is watching the aftermath of efforts to silence reporter and free expression advocate Jamal Khashoggi, while, unintentionally and paradoxically, elevating him to a worldwide audience, what our leaders say--and don't say--is of profound importance in communicating our most cherished values, and where our "lines in the sand" are on free speech, free and independent presses, truth, accountability, and the value of human life.
Leaders must remember that we and all of the world are watching to see what is done and is not done in matters of human rights and the rule of law. We must continue to hold them responsible for their action and inaction. History and future generations will as well.]
"For nearly three weeks, the world has watched
President Trump downplay the disappearance and apparent slaying of
journalist Jamal Khashoggi, and waited for the most powerful man in the
world to act. They are waiting still.
Trump’s
inconsistent and cautious remarks about the case have renewed questions
about U.S. credibility and complicated the global response, emboldening
adversaries such as Russia and China and discouraging robust action by
traditional allies, according to analysts and former U.S. officials.
“This
is a drastic break from American practice,” said Vali R. Nasr, dean of
the Johns Hopkins School of Advanced International Studies. “It signals a
very different foreign policy that does not hold governments
accountable for things that are outside normal legal or ethical
parameters.”
“In effect,” he added, “The U.S. is setting a new standard for itself” — and in so doing, may be setting a new standard for the world."
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