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."
Friday, April 13, 2018
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."
9 questions Congress should ask Mark Zuckerberg; Vox, April 9, 2018
Emily Stewart, Vox; 9 questions Congress should ask Mark Zuckerberg
"In prepared testimony to the House committee released ahead of the hearing, Zuckerberg will tell lawmakers he’s sorry for what happened. “We didn’t take a broad enough view of our responsibility, and that was a big mistake,” he plans to say.
Facebook has announced a number of steps it plans to take on its own to address concerns about its practices in recent weeks and days, including enacting new measures to prevent election meddling and spelling out its terms and data policy more clearly. Zuckerberg also took part in an hour-long Q&A session with reporters last week. All of that is likely an effort to avoid fireworks in Congress if at all possible. “I’m assuming that his people are not planning to have him break news,” Rebecca MacKinnon, an internet freedom advocate and director of Ranking Digital Rights, said. “They broke all their news last week so that he doesn’t have to break it in the hearings.”
I’ve spoken with a variety of experts, observers, and stakeholders in recent days to find out what sorts of questions Congress can and should ask."
"In prepared testimony to the House committee released ahead of the hearing, Zuckerberg will tell lawmakers he’s sorry for what happened. “We didn’t take a broad enough view of our responsibility, and that was a big mistake,” he plans to say.
Facebook has announced a number of steps it plans to take on its own to address concerns about its practices in recent weeks and days, including enacting new measures to prevent election meddling and spelling out its terms and data policy more clearly. Zuckerberg also took part in an hour-long Q&A session with reporters last week. All of that is likely an effort to avoid fireworks in Congress if at all possible. “I’m assuming that his people are not planning to have him break news,” Rebecca MacKinnon, an internet freedom advocate and director of Ranking Digital Rights, said. “They broke all their news last week so that he doesn’t have to break it in the hearings.”
I’ve spoken with a variety of experts, observers, and stakeholders in recent days to find out what sorts of questions Congress can and should ask."
State of America’s Libraries 2018; American Libraries, April 9, 2018
American Libraries; State of America’s Libraries 2018
"On April 9, the American Library Association (ALA) released The State of America’s Libraries report for 2018, an annual summary of library trends released during National Library Week, April 8–14, that outlines statistics and issues affecting all types of libraries. The report affirms the invaluable role libraries and library workers play within their communities by leading efforts to transform lives through education and lifelong learning...
"On April 9, the American Library Association (ALA) released The State of America’s Libraries report for 2018, an annual summary of library trends released during National Library Week, April 8–14, that outlines statistics and issues affecting all types of libraries. The report affirms the invaluable role libraries and library workers play within their communities by leading efforts to transform lives through education and lifelong learning...
Through an analysis of the number of books challenged, the OIF produced the “Top Ten Most Challenged Books” of 2017, which includes:
- Thirteen Reasons Why, by Jay Asher
Reason: Suicide - The Absolutely True Diary of a Part-Time Indian, by Sherman Alexie
Reasons: Profanity, Sexually Explicit - Drama, written and illustrated by Raina Telgemeier
Reason: LGBT Content - The Kite Runner, by Khaled Hosseini
Reasons: Sexual Violence, Religious Themes, “May Lead to Terrorism” - George, by Alex Gino
Reason: LGBT Content - Sex is a Funny Word, written by Cory Silverberg and illustrated by Fiona Smyth
Reason: Sex Education - To Kill a Mockingbird, by Harper Lee
Reasons: Violence, Racial Slurs. - The Hate U Give, by Angie Thomas
Reasons: Drug Use, Profanity, “Pervasively Vulgar” - And Tango Makes Three, by Peter Parnell and Justin Richardson, illustrated by Henry Cole
Reason: LGBT Content - I Am Jazz, written by Jessica Herthel and Jazz Jennings, illustrated by Shelagh McNicholas
Reason: Gender Identity
Additional information regarding why books were challenged, a Top Ten List video announcement, and infographics regarding the 2017 Top Ten List of Most Challenged Books are available on the OIF’s Banned and Challenged Books page."
Congress wants to 'inflict pain’ on Mark Zuckerberg. Is he ready for it?; Guardian, April 10, 2018
Olivia Solon, Guardian; Congress wants to 'inflict pain’ on Mark Zuckerberg. Is he ready for it?
"Taking the stand will be a major test for Zuckerberg’s communication skills. Unlike when he deals with the media, his public relations team won’t be there to cherry-pick questions from friendly parties. And Congress wants its pound of flesh.
“Congress is theatre. More than what they are going to want to learn [about the data lapses], they are going to want to inflict pain. They are going to want to be seen as being responsive to public disgruntlement with how Facebook handled the issue,” said Ari Ratner, founder of communications consultancy Inside Revolution and former Obama administration official...
Zuckerberg will want to come across as authentic and apologetic, and will, according to his testimony published on Monday, highlight the sweeping changes that the company has announced already to its privacy tools and to the way third parties can access data on the platform as well as a verification process for political advertisers and page administrators. He will probably also want to talk about Facebook’s global compliance with General Data Protection Regulation (GDPR), a broad set of privacy protections being introduced in the European Union in May."
"Taking the stand will be a major test for Zuckerberg’s communication skills. Unlike when he deals with the media, his public relations team won’t be there to cherry-pick questions from friendly parties. And Congress wants its pound of flesh.
“Congress is theatre. More than what they are going to want to learn [about the data lapses], they are going to want to inflict pain. They are going to want to be seen as being responsive to public disgruntlement with how Facebook handled the issue,” said Ari Ratner, founder of communications consultancy Inside Revolution and former Obama administration official...
Zuckerberg will want to come across as authentic and apologetic, and will, according to his testimony published on Monday, highlight the sweeping changes that the company has announced already to its privacy tools and to the way third parties can access data on the platform as well as a verification process for political advertisers and page administrators. He will probably also want to talk about Facebook’s global compliance with General Data Protection Regulation (GDPR), a broad set of privacy protections being introduced in the European Union in May."
Monday, April 9, 2018
A Tough Task for Facebook: European-Type Privacy for All; The New York Times, April 8, 2018
Natasha Singer, The New York Times; A Tough Task for Facebook: European-Type Privacy for All
"Next month, a comprehensive new data protection law goes into effect in the European Union, placing greater requirements on how companies like Facebook and Google handle users’ personal information. It also strengthens individuals’ rights to control the collection and use of their data.
Last week, Mark Zuckerberg, Facebook’s chief executive, said his company would offer its users all over the world the same privacy controls required under the European law.
What would that look like for Facebook users? That is still a work in progress. A Facebook spokeswoman said the company would provide more details about its plans in the coming weeks.In the meantime, here are some of the general requirements and rights under the new European law.
Although some of the practical steps that companies must take are still being worked out, several European privacy and consumer advocates, who had pushed for the new law, offered their thoughts on what Facebook might need to do to extend the protections to its users worldwide."
BEYOND FACEBOOK: IT’S HIGH TIME FOR STRONGER PRIVACY LAWS; Wired, April 8 2018
Jessica Rich, Wired; BEYOND FACEBOOK: IT’S HIGH TIME FOR STRONGER PRIVACY LAWS
"This is an issue of personal security and safety. Just as we needed safety laws for seat belts and cigarettes, we need common-sense laws for online privacy.
Here’s a good place to start. Let’s require companies to post clear information about their data practices—no, not buried in privacy policies or Terms of Service, but prominently displayed in a simple, easy-to-understand, and standardized “dashboard” so consumers can compare companies’ practices. Let’s give consumers an easy, consistent way to say 'yes' or 'no' to data uses that go beyond the reason they provided it, and 'yes' or 'no' to having their data shared with third parties like Cambridge Analytica."
"This is an issue of personal security and safety. Just as we needed safety laws for seat belts and cigarettes, we need common-sense laws for online privacy.
Here’s a good place to start. Let’s require companies to post clear information about their data practices—no, not buried in privacy policies or Terms of Service, but prominently displayed in a simple, easy-to-understand, and standardized “dashboard” so consumers can compare companies’ practices. Let’s give consumers an easy, consistent way to say 'yes' or 'no' to data uses that go beyond the reason they provided it, and 'yes' or 'no' to having their data shared with third parties like Cambridge Analytica."
YouTube should be fined billions for illegally collecting children's data, privacy groups claim; CNBC, April 9, 2018
Sam Meredith, CNBC; YouTube should be fined billions for illegally collecting children's data, privacy groups claim
"YouTube, one of the world's most popular websites, has been accused of improperly collecting the personal data of young children.
In a complaint filed to the Federal Trade Commission (FTC) on Monday, a coalition of more than 20 advocacy, consumer and privacy groups claim that Google's video platform is violating U.S. child protection laws by collecting personal data on users aged less than 13 years old.
The coalition is calling for Google to change how it manages content for younger audiences and wants YouTube to pay a fine worth billions of dollars for allegedly profiting off children's viewing habits."
"YouTube, one of the world's most popular websites, has been accused of improperly collecting the personal data of young children.
In a complaint filed to the Federal Trade Commission (FTC) on Monday, a coalition of more than 20 advocacy, consumer and privacy groups claim that Google's video platform is violating U.S. child protection laws by collecting personal data on users aged less than 13 years old.
The coalition is calling for Google to change how it manages content for younger audiences and wants YouTube to pay a fine worth billions of dollars for allegedly profiting off children's viewing habits."
Conspiracy videos? Fake news? Enter Wikipedia, the ‘good cop’ of the Internet; The Washington Post, April 6, 2018
Noam Cohen, The Washington Post; Conspiracy videos? Fake news? Enter Wikipedia, the ‘good cop’ of the Internet
"Although it is hard to argue today that the Internet lacks for self-expression, what with self-publishing tools such as Twitter, Facebook and, yes, YouTube at the ready, it still betrays its roots as a passive, non-collaborative medium. What you create with those easy-to-use publishing tools is automatically licensed for use by for-profit companies, which retain a copy, and the emphasis is on personal expression, not collaboration. There is no YouTube community, but rather a Wild West where harassment and fever-dream conspiracies use up much of the oxygen. (The woman who shot three people at YouTube’s headquartersbefore killing herself on Tuesday was a prolific producer of videos, including ones that accused YouTube of a conspiracy to censor her work and deny her advertising revenue.)
Wikipedia, with its millions of articles created by hundreds of thousands of editors, is the exception. In the past 15 years, Wikipedia has built a system of collaboration and governance that, although hardly perfect, has been robust enough to endure these polarized times."
"Although it is hard to argue today that the Internet lacks for self-expression, what with self-publishing tools such as Twitter, Facebook and, yes, YouTube at the ready, it still betrays its roots as a passive, non-collaborative medium. What you create with those easy-to-use publishing tools is automatically licensed for use by for-profit companies, which retain a copy, and the emphasis is on personal expression, not collaboration. There is no YouTube community, but rather a Wild West where harassment and fever-dream conspiracies use up much of the oxygen. (The woman who shot three people at YouTube’s headquartersbefore killing herself on Tuesday was a prolific producer of videos, including ones that accused YouTube of a conspiracy to censor her work and deny her advertising revenue.)
Wikipedia, with its millions of articles created by hundreds of thousands of editors, is the exception. In the past 15 years, Wikipedia has built a system of collaboration and governance that, although hardly perfect, has been robust enough to endure these polarized times."
Should Chimpanzees Be Considered ‘Persons’?; The New York Times, April 7, 2018
Jeff Sebo, The New York Times; Should Chimpanzees Be Considered ‘Persons’?
"The idea of nonhuman personhood does raise difficult questions. One question is which rights nonhumans can have. For instance, if Kiko and Tommy can have the right to liberty, can they also have the right to property? What about the right to free expression or association, or the right to political representation or participation?
Another question is which nonhumans can have rights. For instance, if Kiko and Tommy can have rights, can bonobos and gorillas have rights too? What about cats, dogs and fish? What about chickens, cows and pigs? What about ants or sophisticated artificial intelligence programs?
These questions are unsettling. They are also reasonable to ask. After all, we might think that we need to draw the line somewhere. So if we decide not to draw the line at species membership — if we decide to accept that at least some nonhumans can have at least some rights — then it is not immediately clear where to draw it instead, or even, on reflection, whether to draw this particular kind of line at all."
"The idea of nonhuman personhood does raise difficult questions. One question is which rights nonhumans can have. For instance, if Kiko and Tommy can have the right to liberty, can they also have the right to property? What about the right to free expression or association, or the right to political representation or participation?
Another question is which nonhumans can have rights. For instance, if Kiko and Tommy can have rights, can bonobos and gorillas have rights too? What about cats, dogs and fish? What about chickens, cows and pigs? What about ants or sophisticated artificial intelligence programs?
These questions are unsettling. They are also reasonable to ask. After all, we might think that we need to draw the line somewhere. So if we decide not to draw the line at species membership — if we decide to accept that at least some nonhumans can have at least some rights — then it is not immediately clear where to draw it instead, or even, on reflection, whether to draw this particular kind of line at all."
Mark Zuckerberg Can Still Fix This Mess; The New York Times, April 7, 2018
Jonathan Zittrain, The New York Times; Mark Zuckerberg Can Still Fix This Mess
"There are several technical and legal advances that could make a difference.
On the policy front, we should look to how the law treats professionals with specialized skills who get to know clients’ troubles and secrets intimately. For example, doctors and lawyers draw lots of sensitive information from, and wield a lot of power over, their patients and clients. There’s not only an ethical trust relationship there but also a legal one: that of a “fiduciary,” which at its core means that the professionals are obliged to place their clients’ interests ahead of their own.
The legal scholar Jack Balkin has convincingly argued that companies like Facebook and Twitter are in a similar relationship of knowledge about, and power over, their users — and thus should be considered “information fiduciaries.”...
Given the blowback around current privacy and advertising practices — and the threat of regulation, especially from the European Union — companies like Facebook should do the right thing and commit to representing users’ interests. And the law could nudge them in that direction without outright requiring it. These actions might reduce Facebook’s growth or profitability, but that is not a compelling reason to stop doing something harmful. It may be that aspects of an advertising-based business model are indeed incompatible with ethically serving users, as polluted streams are incompatible with ethically mining coal."
"There are several technical and legal advances that could make a difference.
On the policy front, we should look to how the law treats professionals with specialized skills who get to know clients’ troubles and secrets intimately. For example, doctors and lawyers draw lots of sensitive information from, and wield a lot of power over, their patients and clients. There’s not only an ethical trust relationship there but also a legal one: that of a “fiduciary,” which at its core means that the professionals are obliged to place their clients’ interests ahead of their own.
The legal scholar Jack Balkin has convincingly argued that companies like Facebook and Twitter are in a similar relationship of knowledge about, and power over, their users — and thus should be considered “information fiduciaries.”...
Given the blowback around current privacy and advertising practices — and the threat of regulation, especially from the European Union — companies like Facebook should do the right thing and commit to representing users’ interests. And the law could nudge them in that direction without outright requiring it. These actions might reduce Facebook’s growth or profitability, but that is not a compelling reason to stop doing something harmful. It may be that aspects of an advertising-based business model are indeed incompatible with ethically serving users, as polluted streams are incompatible with ethically mining coal."
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