Facebook deserves criticism. The country deserves solutions.; The Washington Post, November 18, 2018

Editorial Board, The Washington Post; Facebook deserves criticism. The country deserves solutions.

"WHAT HAPPENS now? That is the essential question following the New York Times’s troubling investigation into Facebook’s response to Russian interference on its platform. The article has prompted sharp criticism of the company from all quarters, and Facebook deserves the blowback. But Americans deserve solutions. There are a few places to start."

To regulate AI we need new laws, not just a code of ethics; The Guardian, October 28, 2018

Paul Chadwick, The Guardian; To regulate AI we need new laws, not just a code of ethics

"For a sense of Facebook’s possible future EU operating environment, Zuckerberg should read the Royal Society’s new publication about the ethical and legal challenges of governing artificial intelligence. One contribution is by a senior European commission official, Paul Nemitz, principal adviser, one of the architects of the EU’s far-reaching General Data Protection Regulation, which took effect in May this year.

Nemitz makes clear the views are his own and not necessarily those of the European commission, but the big tech companies might reasonably see his article, entitled “Constitutional democracy and technology in the age of artificial intelligence”, as a declaration of intent.

“We need a new culture of technology and business development for the age of AI which we call ‘rule of law, democracy and human rights by design’,” Nemitz writes. These core ideas should be baked into AI, because we are entering “a world in which technologies like AI become all pervasive and are actually incorporating and executing the rules according to which we live in large part”.

To Nemitz, “the absence of such framing for the internet economy has already led to a widespread culture of disregard of the law and put democracy in danger, the Facebook Cambridge Analytica scandal being only the latest wake-up call”."

Facebook and the Fires; The New York Times, November 15, 2018

Kara Swisher, The New York Times; Facebook and the Fires

"Don’t Be Afraid of Self-Reflection

That man in the mirror is typically a man, and a young, white, privileged one, whose capacity for self-reflection is about as big as Donald Trump’s ability to stop hate-tweeting. But self-reflection is the hallmark of maturity and good decision-making. Of all the interviews I have done in Silicon Valley, I keep coming back to the one I did with Mr. Zuckerberg this summer, in which I pressed him to reflect on how his invention had caused deaths in places like India and Myanmar.

After trying several times to get an answer from him, I got frustrated: “What kind of responsibility do you feel?” I said I would feel sick to my stomach to know that people died possibly “because of something I invented. What does that make you feel like? What do you do when you see that? What do you do yourself? What’s your emotion?”

Mr. Zuckerberg’s answer left me cold. And also more than a little worried for the future of his company. It’s bad enough not to be able to anticipate disaster; it’s worse, after disaster strikes, to not be able to reflect on how it happened.

“I mean, my emotion is feeling a deep sense of responsibility to try to fix the problem,” he said. “I don’t know, that’s a … that’s the most productive stance.”

But it’s not the most productive stance. As with those California fires, putting out the flames is important. But understanding how they got started in the first place, to stop it from happening again, is what actually keeps us from hurtling over the edge."

Facebook’s board is throwing public support behind Mark Zuckerberg and Sheryl Sandberg — who are on Facebook’s board; Recode, November 15, 2018

Kurt Wagner, Recode; Facebook’s board is throwing public support behind Mark Zuckerberg and Sheryl Sandberg — who are on Facebook’s board

[Kip Currier: Take note of the deliberate choice of words in the Facebook Board's statement copied below: 

"grossly unfair"

The Board doesn't say that allegations that Zuckerberg and Sandberg "knew about Russian interference and either tried to ignore it or prevent investigations into what had happened" were untrue. It says that the allegations were "grossly unfair". Those are two different things. The former is of a more objective nature. The latter is more subjective--and self-serving.

That "grossly unfair" phrasing telegraphs oodles of insight into the exculpatory mindset and run-the-clock-out public relations positioning of Facebook leaders: in the words of the New York Times' 11/14/18 bombshell behind-the-scenes reporting, "Delay, Deny and Deflect". 

And that "they're-doing-this-to-us" mindset is also evident in the 11/17/18 New York Times-reported words of Elliot Schrage, Facebook's former vice president of global communications and public policy, who--at an 11/14/18 Q & A for employees with Zuckerberg and Sandberg--said that "Facebook was in a difficult news cycle, and that things would eventually calm down".

Oh, and the actual makeup of the Board? You guessed it...Zuckerberg and Sandberg are "both on Facebook’s board". So, as this Recode article wryly observes, "it looks like Facebook’s executives are throwing public support behind ... themselves."

In a sense, the well-documented history of half-truths and obfuscations (see here and here) of these conflicts of interest-riven Facebook Heads shouldn't surprise us (--read Helaine Olen's 11/15/18 WaPo piece The moral and ethical rot at Mark Zuckerberg and Sheryl Sandberg's Facebook): they're adhering to their long-standing Utilitarianism-derived principle that "the needs of the few (i.e. anyone employed by or enriched by Facebook) outweigh the needs of the many" (i.e. the world's billions of users AND non-users who have been and continue to be impacted by Facebook's relentlessly revenue-driven, public good-eschewing practices).

The incoming House of Representatives must hold Facebook and its leaders accountable for its actions and inaction. Bring Facebook's leaders in front of Congress, under Oath, and get the answers and remedies the American people and the World are owed. That's the rightly fair thing to suggest demand from Facebook and the elected officials who represent us.

#FacebookAccountability]

"That story got us asking: Who from Facebook might be fired for the company’s missteps?

Whoever it is, it doesn’t look like it’ll be Zuckerberg or Sandberg. At least not right now.

Facebook’s board of directors issued a public statement defending the company’s efforts in fighting Russian election meddling efforts following the 2016 presidential election. It also called the story “grossly unfair.” Here’s the full statement.

“As Mark and Sheryl made clear to Congress, the company was too slow to spot Russian interference, and too slow to take action. As a board we did indeed push them to move faster. But to suggest that they knew about Russian interference and either tried to ignore it or prevent investigations into what had happened is grossly unfair. In the last eighteen months Facebook, with the full support of this board, has invested heavily in more people and better technology to prevent misuse of its services, including during elections. As the U.S. mid-term showed, they have made considerable progress and we support their continued to efforts to fight abuse and improve security.”"

How Plato Foresaw Facebook’s Folly; The New York Times, November 16, 2018

Bret Stephens, Opinion Columnist, The New York Times; How Plato Foresaw Facebook’s Folly

[Kip Currier: A must-read opinion piece by Bret Stephens. Bookmark and pass on to others! 

Facebook's interminable ethics failures and catastrophic abdication of any semblance of moral leadership offer glaring case studies for the essential role of ethical decision-making and accountability in organizations--not only in the technology sector but in ALL areas of civic life.

Moreover, where is Facebook’s Board amidst this moral morass? If corporate leaders will not “do the right things”, it is ethically incumbent upon Boards of Trustees to exercise the moral oversight and fiduciary responsibility with which they have been entrusted.]

"The story of the wildly exaggerated promises and damaging unintended consequences of technology isn’t exactly a new one. The real marvel is that it constantly seems to surprise us. Why? 

Part of the reason is that we tend to forget that technology is only as good as the people who use it. We want it to elevate us; we tend to degrade it. In a better world, Twitter might have been a digital billboard of ideas and conversation ennobling the public square. We’ve turned it into the open cesspool of the American mind. Facebook was supposed to serve as a platform for enhanced human interaction, not a tool for the lonely to burrow more deeply into their own isolation.

It’s also true that Facebook and other Silicon Valley giants have sold themselves not so much as profit-seeking companies but as ideal-pursuing movements. Facebook’s mission is “to make the world more open and connected.” Tesla’s goal is “to accelerate the world’s transition to sustainable energy.” Google’s mantra was “Don’t Be Evil,” at least until it quietly dropped the slogan earlier this year. 

But the deeper reason that technology so often disappoints and betrays us is that it promises to make easy things that, by their intrinsic nature, have to be hard...

Start over, Facebook. Do the basics. Stop pretending that you’re about transforming the state of the world. Work harder to operate ethically, openly and responsibly. Accept that the work will take time. Log off Facebook for a weekend. Read an ancient book instead."

‘Facebook Cannot Be Trusted to Regulate Itself’; The New York Times, November 15, 2018

The Editorial Board. The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section., The New York Times;

‘Facebook Cannot Be Trusted to Regulate Itself’

"Real accountability is not forthcoming. Even in the wake of the Cambridge Analytica scandal, there was no shake-up in the upper echelons of the company — the most high-profile departure was that of Alex Stamos, the chief security officer who — according to The Times — independently chose to investigate Russian operations on the platform, and clashed with top brass as a result. As for Mr. Zuckerberg, he is unlikely to be ousted as CEO — he is both the majority shareholder and the chairman of the board. As a result, meaningful corporate oversight does not exist at the company.

Meaningful oversight of the tech industry from the executive branch is equally absent.

That’s why the incoming House, newly in Democratic hands, should make serious oversight a priority. If the House is looking to set the agenda for the next two years, Facebook should be near the top. What ambiguities remain about what Facebook knew and when are prime subjects for hearings."

‘No Morals’: Advertisers React to Facebook Report; The New York Times, November 15, 2018

Sapna Maheshwari, The New York Times; ‘No Morals’: Advertisers React to Facebook Report

"The revelations may be “the straw that breaks the camel’s back,” said Rishad Tobaccowala, chief growth officer for the Publicis Groupe, one of the world’s biggest ad companies. “Now we know Facebook will do whatever it takes to make money. They have absolutely no morals.”

Marketers have grumbled about Facebook in the past, concerned that advertisements could appear next to misinformation and hate speech on the platform. They have complained about how the company handles consumer data and how it measures ads and its user base. But those issues were not enough to outweigh the lure of Facebook’s vast audience and the company’s insistence that it was trying to address its flaws.

 

And after this article was published online, Mr. Tobaccowala called The New York Times to add to his comments.

 

“The people there do,” he said, referring to possessing morals, “but as a business, they seem to have lost their compass.”"

Delay, Deny and Deflect: How Facebook’s Leaders Fought Through Crisis; The New York Times, November 14, 2018

Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg and Jack Nicas, The New York Times; Delay, Deny and Deflect: How Facebook’s Leaders Fought Through Crisis

"Like other technology executives, Mr. Zuckerberg and Ms. Sandberg cast their company as a force for social good. Facebook’s lofty aims were emblazoned even on securities filings: “Our mission is to make the world more open and connected.”

But as Facebook grew, so did the hate speech, bullying and other toxic content on the platform. When researchers and activists in Myanmar, India, Germany and elsewhere warned that Facebook had become an instrument of government propaganda and ethnic cleansing, the company largely ignored them. Facebook had positioned itself as a platform, not a publisher. Taking responsibility for what users posted, or acting to censor it, was expensive and complicated. Many Facebook executives worried that any such efforts would backfire."

EPA official arrested on felony ethics charges in Alabama; WSFA12 News, November 15, 2018

Michael Biesecker, WSFA12 News; EPA official arrested on felony ethics charges in Alabama

"The Trump administration's top environmental official for the Southeast was arrested Thursday on criminal ethics charges in Alabama reported to be related to a scheme to help a coal company avoid paying for a costly toxic waste cleanup.

Trey Glenn, 47, was briefly booked into a county jail in Birmingham before being released on a $30,000 bond. Glenn was appointed in August 2017 to serve as chief of the Environmental Protection Agency's regional office in Atlanta, which oversees operations in eight states stretching from the Carolinas to Mississippi."

Trump-appointed judge: Get CNN’s Jim Acosta back in the White House; The Washington Post, November 16, 2018

Erik Wemple, The Washington Post; Trump-appointed judge: Get CNN’s Jim Acosta back in the White House


"In a Friday morning court session, Judge Timothy Kelly of the U.S. District Court for the District of Columbia lent his thinking to the matter, which resulted in the granting of CNN’s request for the TRO — meaning that Acosta’s press pass will be reinstated, though just “temporarily,” according to a statement from Sanders. In his discussion of the TRO request, Kelly considered the likelihood that CNN would prevail in its arguments that the hard-pass revocation violated due-process considerations. Likely, Kelly ruled. Wednesday’s oral arguments and the judge’s explanation centered on the 1977 case Sherrill v. Knight, in which a “court found that denial of White House credentials was a sufficiently grave infringement on the freedom of the press that it couldn’t just be done by fiat.” In his own summation, Kelly said that Sherrill stands for the proposition that the “Fifth Amendment’s due process clause protects a reporter’s First Amendment liberty interest in a White House press pass.”"

If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?; Above The Law, November 15, 2018

Krista L. Cox, Above The Law; If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?

"A rise in copyright infringement cases in music, particularly over short snippets of an overall song or the general “feel” of the piece, could restrict the creation of new music. It’s a shame given the long history of “borrowing” in the music industry. Indeed, classical composers frequently copied others, creating variations of older works and creating new interpretations. For example, Mozart borrowed from Haydn; Beethoven borrowed from Mozart; Schubert, Mendelssohn, and Brahms, in turn, all borrowed from Beethoven; Mahler borrowed from Brahms; and the list goes on and on. While some may argue that we don’t need six nearly identical country music songs (though I do personally love country!), imagine instead if the chilling effect applied to some of the greatest classical composers in history and the loss of their great music."

The darker side of Stan Lee’s legacy; Vox, November 14, 2018

Alex Abad-Santos, Vox; The darker side of Stan Lee’s legacy

"As fans, we should celebrate Lee’s work and the wondrous comic book worlds he helped create. At the same time, it doesn’t take away from Lee’s legacy to also acknowledge the comic book writers, artists, editors, colorists, and everyone who worked with him to produce those characters and universes — the people who don’t, and perhaps never will, enjoy the same level of recognition."

Stan Lee Is Dead at 95; Superhero of Marvel Comics; The New York Times, November 12, 2018

Jonathan Kandell and Andy Webster, The New York Times; Stan Lee Is Dead at 95; Superhero of Marvel Comics

"Mr. Lee was often faulted for not adequately acknowledging the contributions of his illustrators, especially Mr. Kirby. Spider-Man became Marvel’s best-known property, but Mr. Ditko, its co-creator, quit Marvel in bitterness in 1966. Mr. Kirby, who visually designed countless characters, left in 1969. Though he reunited with Mr. Lee for a Silver Surfer graphic novel in 1978, their heyday had ended.

 

Many comic fans believe that Mr. Kirby was wrongly deprived of royalties and original artwork in his lifetime, and for years the Kirby estate sought to acquire rights to characters that Mr. Kirby and Mr. Lee had created together. Mr. Kirby’s heirs were long rebuffed in court on the grounds that he had done “work for hire” — in other words, that he had essentially sold his art without expecting royalties.

 

In September 2014, Marvel and the Kirby estate reached a settlement. Mr. Lee and Mr. Kirby now both receive credit on numerous screen productions based on their work."

How Stan Lee Fought To Keep Spider-Man An 'Everyman'; Comic Book Resources, November 13, 2018

Brian Cronin, Comic Book Resources; How Stan Lee Fought To Keep Spider-Man An 'Everyman'

"In 1965, Esquire magazine polled college students and found that Spider-Man was just as popular to them as other generational talents like Bob Dylan. One pollee brilliantly explained Spider-Man's appeal, "beset by woes, money problems, and the question of existence. In short, he is one of us."

The problem was, though, that Steve Ditko was beginning to think that that was not a good thing...

However, a more philosophical dispute between Ditko and Stan Lee came over how Spider-Man should be depicted now that he had graduated high school and entered college. Ditko, a follower of Ayn Rand and Obkectivism [sic], was okay with the idea of a young teen not being a "true" hero (that is, having some gray areas), but now that Spider-Man was in college, Ditko wanted Spidey to become more of an objectively heroic character. Stan Lee and Martin Goodman, though, wanted to keep Spider-Man as an "everyman." That was the exact opposite of what Ditko wanted for the character."

Stan Lee Spoke Out Against Bigotry, Again And Again; Comic Book Resources, November 13, 2018

Hannah Collins, Comic Book Resources; Stan Lee Spoke Out Against Bigotry, Again And Again

""None of us live our lives in a vacuum," Lee wrote in 1970, "none of us is untouched by the everyday events about us -- events which shape our stories just as they shape our lives." Here, Lee directly addressed readers who had been disgruntled by his "moralizing," a bell continues to be rung to this day. "They [Marvel comics readers] take great pains to point out that comics are supposed to be escapist reading and nothing more. But somehow, I can't see it that way. It seems to me that a story without a message, however subliminal, is like a man without a soul."

It's alarming and disappointing that so much of what Lee railed against over 50 years ago still feels so prescient in 2018. He also made mention in the same column of his talks at college campuses where "there's as much discussion of war and peace, civil rights, and the so-called youth rebellion as there is of our Marvel mags per se," and Lee continued to connect with people, face-to-face, as recently as last year. A 94-year-old Lee recorded a video message for Marvel's YouTube channel in response to the violent white nationalist rally in Charlottesville, Virginia in August 2017, reaffirming that Marvel's stories "have room for everyone, regardless of their race, gender, religion or color of their skin. The only things we don't have room for are hatred, intolerance or bigotry.""

Arguments over European open-access plan heat up; Nature, November 12, 2018

Richard Van Noorden, Nature; Arguments over European open-access plan heat up

"Debate is intensifying over Plan S, an initiative backed by 15 research funders to mandate that, by 2020, their research papers are open access as soon as they are published.

The Europe-led statement was launched in September, but details of its implementation haven’t yet been released. And while many open-access supporters have welcomed Plan S, others are now objecting to some of its specifics.

On 5 November, more than 600 researchers, including two Nobel laureates, published an open letter calling the plan “too risky for science”, “unfair”, and “a serious violation of academic freedom” for the scientists affected; more than 950 have now signed."

Stan Lee’s Radical Fight Against Racists: ‘The Only Way to Destroy Them Is to Expose Them’; The Daily Beast, November 13, 2018

Stereo Williams, The Daily Beast; Stan Lee’s Radical Fight Against Racists: ‘The Only Way to Destroy Them Is to Expose Them’

[Kip Currier: Inspiring and powerful example of the ways every person can make a choice to stand against hatred of the "other" and bigotry, in all its forms.]

"Regardless of ongoing controversy surrounding the contributions of Kirby and others, Lee should be remembered for being an agent of change in his medium. A 1968 post from Lee’s mail column has been making the rounds in the wake of his death. In it, Lee makes plain his stance on racism.

“Let’s lay it right on the line. Bigotry and racism are among the deadliest social ills plaguing the world today. But, unlike a team of costumed super-villains, they can’t be halted with a punch in the snoot, or a zap from a ray gun. The only way to destroy them is to expose them—to reveal them for the insidious evils they really are. The bigot is an unreasoning hater—one who hates blindly, fanatically, indiscriminately. If his hang-up is black men, he hates ALL black men. If a redhead once offended him, he hates ALL redheads. If some foreigner beat him to a job, he’s down on ALL foreigners. He hates people he’s never seen—people he’s never known—with equal intensity—with equal venom.

“Now, we’re not trying to say it’s unreasonable for one human being to bug another. But, although anyone has the right to dislike another individual, it’s totally irrational, patently insane to condemn an entire race—to despise an entire nation—to vilify an entire religion. Sooner or later, we must learn to judge each other on our own merits. Sooner or later, if man is ever to be worthy of his destiny, we must fill our hearts with tolerance. For then, and only then, will we be truly worthy of the concept that man was created in the image of God—a God who calls us ALL—His children.”

Stan Lee’s creative voice helped reshape the role of comics in American society and helped affect how American society saw comics. In doing so, Lee helped challenge his readers and his peers. His characters live now as part of the fabric of our culture—in blockbuster movies, acclaimed TV shows, video games and a host of other media. Generations of comic-book lovers saw themselves in those characters, and that was what he’d wanted all along. As some quarters of America tell themselves that politics have no place in pop art, the proof in Stan Lee’s history reminds us that the message has always been a part of the medium. Those who believe otherwise maybe have to consider that they aren’t the “good guy” in the story. After all—you can’t be a hero if you don’t stand for anything."

How Stan Lee Helped Bring Humanity to Superheroes; Comic Book Resources, November 13, 2018

Brian Cronin, Comic Book Resources; How Stan Lee Helped Bring Humanity to Superheroes

"Spider-Man's introduction in Amazing Fantasy #15 achieved two notable goals. One, it took the idea of Reed Richards' cosmic ray screw-up leading to the creation of the Fantastic Four to a whole other level, as now Peter Parker's selfishness almost directly led to the death of his beloved Uncle Ben, giving Spider-Man a painful reminder why he has to be a superhero and two, it took a teen hero and had him not as a sidekick or a younger version of an older hero, but as THE hero."

Marvel Icon Stan Lee Leaves a Legacy as Complex as His Superheroes; The Daily Beast, November 12, 2018

Spencer Ackerman, The Daily Beast; Marvel Icon Stan Lee Leaves a Legacy as Complex as His Superheroes

"Stan Lee supercharged Marvel Comics into one of the most important cultural forces on the planet. But how much credit does he really deserve?"

Marvel Comics' Stan Lee Passes Away at 95; November 12, 2018

Kip Currier; Marvel Comics' Stan Lee Dies at 95

Marvel Comics' legend Stan Lee passed away today at the age of 95 in Los Angeles. In the 1960's, Lee collaborated with the late iconic artist Jack Kirby (and later, others as well) in co-creating many of Marvel's most famous superhero characters--the Fantastic Four, the Hulk, the Avengers, the X-Men, the Black Panther, and many more. Lee and Kirby's creations now rank among the most lucrative Intellectual Property in the "616 universe".

It's interesting to note the headlines that have been appearing today--some citing Lee as "creator", while others use "co-creator":

Stan Lee, creator of legendary Marvel comic book superheroes, dies at 95; NBC News

Comic Book Genius Stan Lee, Spider-Man Creator, Dies at 95; NBC San Diego 7

Stan Lee: Spider-Man, X-Men and Avengers creator dies aged 9; The Guardian

Marvel Comics co-creator Stan Lee dead at 95; ABC 13

Stan Lee, Marvel Comics writer, co-creator of the Avengers, X-Men and Spider-Man, dies aged 95; ABC (Australian Broadcasting Corporation)

Marvel Comics Co-Creator Stan Lee Dead at 95; TMZ

Marvel Comics co-creator Stan Lee dead at 95; WGN 9

Macron rebukes nationalism as Trump observes Armistice Day; CNN, November 11, 2018

Kevin Liptak, CNN; Macron rebukes nationalism as Trump observes Armistice Day

"In his address, French President Emmanuel Macron -- who has emerged as Europe's most vocal sentry against a global tide of nationalism -- repeated his warnings.

"Patriotism is the exact opposite of nationalism," he said through a translator. "Nationalism is a betrayal of patriotism. By saying our interests first, who cares about the others, we erase what a nation holds dearest, what gives it life, what makes it great and what is essential: its moral values."

 

"I know there are old demons which are coming back to the surface. They are ready to wreak chaos and death," he said. "History sometimes threatens to take its sinister course once again.""

Lesser-seen color photos showing the U.S. military in the 1940s; The Washington Post, May 28, 2018

Kenneth Dickerman, The Washington Post; Lesser-seen color photos showing the U.S. military in the 1940s

"In 1942, six months after the bombing of Pearl Harbor, Roosevelt created the OWI. While the [Farm Security Administration] FSA was created to depict the hardships that farmers were facing, the OWI’s mission was to foster patriotism as the nation mobilized for war during World War II. In that vein, it served as a government propaganda arm. The majority of the photos that the FSA and the [Office of War Information] OWI produced were black and white and are those that people are more familiar with. The color photos shown here are far less frequently seen."

Sarah Sanders promotes an altered video of CNN reporter, sparking allegations of visual propaganda; The Washington Post, November 8, 2018

Paul Farhi, The Washington Post; Sarah Sanders promotes an altered video of CNN reporter, sparking allegations of visual propaganda

"Experts said the video, in which Acosta is seen rebuffing a press aide’s attempt to take a microphone out of his hands, was altered to exaggerate the aggressiveness of Acosta’s actions.

If that is the case, the video may belong in a category rarely employed by democratic governments: visual propaganda.

The White House video, apparently made by a contributor to the conspiracy-peddling website Infowars , speeds up the movement of Acosta’s arms as the unidentified aide grabs at the mic during a heated conversation between the reporter and Trump. The video tweeted by Sanders also eliminated Acosta’s comment to the young woman — “Pardon me, ma’am” — as he sought to continue questioning the president.

On Thursday, Sanders offered no apologies. “The question is: Did the reporter make contact or not?” she asked reporters a day after the White House revoked Acosta’s press credentials for his alleged transgression. “The video is clear, he did. We stand by our statement.”

The White House’s actions and account of them has drawn widespread condemnation, particularly from journalists and news organizations. The White House News Photographers Association, among others, said it was appalled by Sanders’s video.

“As visual journalists, we know that manipulating images is manipulating truth,” said the group’s president, Whitney Shefte, a Washington Post videographer. “It’s deceptive, dangerous and unethical. Knowingly sharing manipulated images is equally problematic, particularly when the person sharing them is a representative of our country’s highest office with vast influence over public opinion.”

Totalitarian governments have long recognized the value of altering photos and videos to manipulate public opinion and perception. Officials were regularly airbrushed out of state photos in the Soviet Union as dictators such as Joseph Stalin purged internal enemies. Wartime governments regularly censor images or release them selectively to maintain popular order and morale."

This is the scariest comics panel I’ve seen in ages; Polygon, November 9, 2018

Susana Polo, Polygon; This is the scariest comics panel I’ve seen in ages

"Tom Taylor’s X-Men Red is one of the best comics of 2018, and this week, in its penultimate issue, it delivered the most unsettling comic book moment I’ve read in a while...

[Spoilers for X-Men Red #10]

The Jean Grey video is a deepfake.

A lot of the technology we see in comic books is science fiction, or so cutting edge as to not be readily available, all to make our heroes seem like they’re cut out to do what normal people can’t. But videos that convincingly make a person look like they’ve done or said something they never did aren’t tomorrow’s technology.

Deepfaked video, and audio, is a reality that online spaces are scrambling to confront even now. The potential uses of deepfakes are spooky enough. What’s spookier is the connection that X-Men Red #10 makes in this scene.

There is a commonly available real-world technology that can do what comics books used to have to invent clones, evil twins and shapeshifters for.

Trinary points out that the video of Jean is not a perfect fake, and can be disproven. But the damage is already done.

“There will still be people who want this to be reality so much they will reject any proof,” Storm replies. “They want the worst. This supports their narrative. No amount of truth will sway them.”

J.K. Rowling Roasts Sarah Huckabee Sanders With George Orwell ‘1984’ Quote; Huff Post, November 9, 2018

Lee Moran, Huff Post; J.K. Rowling Roasts Sarah Huckabee Sanders With George Orwell ‘1984’ Quote

"“And if all others accepted the lie which the Party imposed—if all records told the same tale—then the lie passed into history and became truth,” Rowling wrote, referencing Orwell’s tale about a society controlled by a lurking totalitarian dictator."

Our lack of interest in data ethics will come back to haunt us; TNW, November 3, 2018

Jayson Demers, TNW; Our lack of interest in data ethics will come back to haunt us

"Outreach and attention

We can’t solve these ethical dilemmas by issuing judgments or making a few laws. After all, ethical discussions rarely result in a simple understanding of what’s “right” and what’s “wrong.” Instead, we should be concentrating our efforts on raising awareness of these ethical dilemmas, and facilitating more open, progressive conversations.

We need to democratize the conversation by encouraging consumers to demand greater ownership, control, and/or transparency over their own data. We need to hold companies accountable for their practices before they get out of hand. And we need the data scientists, entrepreneurs, and marketers of the world to think seriously about the consequences of their data-related efforts — and avoid sacrificing ethical considerations in the name of profits."

There is no way this man should be running the Justice Department; The Washington Post, November 9, 2018

Editorial Board, The Washington Post; There is no way this man should be running the Justice Department

 

"Finally, and fundamentally most damning, is Mr. Whitaker’s expressed hostility to Marbury v. Madison, a central case — the central case — in the American constitutional system. It established an indispensable principle: The courts decide what is and is not constitutional. Without Marbury, there would be no effective judicial check on the political branches, no matter how egregious their actions.

 

If the Senate were consulted, it is impossible to imagine Mr. Whitaker getting close to the attorney general’s office. He should not be there now."

The Legal Precedent That Could Protect Jim Acosta’s Credentials; The Atlantic, November 9, 2018

Scott Nover, The Atlantic; The Legal Precedent That Could Protect Jim Acosta’s Credentials

"The D.C. circuit court ruled in Sherrill’s favor in 1977. While the court did not demand that the Secret Service issue him a press credential, it did set forth a series of new, transparent steps to ensure that no reporter’s First Amendment rights were violated.

“Once the government creates the kind of forum that it has created, like the White House briefing room, it can’t selectively include or exclude people on the basis of ideology or viewpoint,” said Ben Wizner, the director of the ACLU’s Speech, Privacy, and Technology Project.

The new steps enunciated in the Sherrill decision to ensure that reporters’ First Amendment rights are not violated include the requirement to give the reporter notice and the right to rebut a formal written decision, which must accompany any revocation. “We further conclude that notice, opportunity to rebut, and a written decision are required because the denial of a pass potentially infringes upon First Amendment guarantees,” the court’s ruling states. “Such impairment of this interest cannot be permitted to occur in the absence of adequate procedural due process.”

“If the Secret Service makes this kind of determination that they’re going to no longer let someone have access, or limit access from the start, there should be a really good reason for that,” Michele Kimball, a media-law professor at George Washington University, said. “And if you are denied that access, there should be some sort of procedural due process for you, [so] that you can find out what happened. And it’s sort of that check to make sure that, again, it’s being handled evenhandedly.”"

Artist Fired For Trump Cartoons to Release Book Enemy of the People; Comic Book Resources, November 9, 2018

Brandon Zachary, Comic Book Resources; Artist Fired For Trump Cartoons to Release Book Enemy of the People

[Kip Currier: With his singular artistic style and rapier insights, Rob Rogers is truly one of America's great political cartoonists and satirists.

Rogers was treated abysmally by the owners and management of The Pittsburgh Post-Gazette and was fired from the paper this year; see this Nov. 4 article in The Washington Post for more background.

It's good to see that his newest compilation Enemy of the People: A Cartoonists Journey will be available for purchase soon.]


"The Pulitzer Prize winner was a 25-year veteran of the Pittsburgh Post-Gazette before being unceremoniously fired earlier this year, purportedly because his cartoons were regularly critical of President Trump and his policies.

Titled Enemy of the People: A Cartoonists Journey, the 184-page collection will be released Dec. 11 through the publisher's IDW Limited imprint...

“Satire is the ultimate expression of free speech," Rogers said in a statement to The Hollywood Reporter. "[It] reminds us that we live in a healthy democracy. But we are living in a time like no other in our country’s history, a time when the media is under attack, a time of extreme partisanship. We need satire and editorial cartoons more now than ever.”"

In Favor of the Caselaw Access Project; The Harvard Crimson, November 7, 2018

The Crimson Editorial Board, The Harvard Crimson; In Favor of the Caselaw Access Project

"We hope that researchers will use these court opinions to further advance academic scholarship in this area. In particular, we hope that computer programmers are able to take full advantage of this repository of information. As Ziegler noted, no lawyer will be able to take full advantage of the millions of pages in the database, but computers have an advantage in this regard. Like Ziegler, we are hopeful that researchers using the database will be able to learn more about less understood aspects of the legal system — such as how courts influence each other and deal with disagreements. Those big-picture questions could not have been answered as well without the information provided by this new database.

This project is a resounding success for the Harvard Library, which happens also to be looking for a new leader. We hope that the person hired for the job will be similarly committed to projects that increase access to information — a key value that all who work in higher education should hold near and dear. In addition to maintaining the vast amounts of histories and stories already in the system, Harvard’s libraries should seek to illuminate content that may have been erased or obscured. There is always more to learn."

Harvard Converts Millions of Legal Documents into Open Data; Government Technology, November 2, 2018

Theo Douglas, Government Technology; Harvard Converts Millions of Legal Documents into Open Data

[Kip Currier: Discovered the recent launch of this impressive Harvard University-anchored Caselaw Access Project, while updating a lecture for next week on Open Data.

The free site provides access to highly technical data, full text cases, and even "quirky" but fascinating legal info...like the site's Gallery, highlighting instances in which "witchcraft" is mentioned in legal cases throughout the U.S.

Check out this new site...and spread the word about it!] 


"A new free website spearheaded by the Library Innovation Lab at the Harvard Law School makes available nearly 6.5 million state and federal cases dating from the 1600s to earlier this year, in an initiative that could alter and inform the future availability of similar areas of public-sector big data.

Led by the Lab, which was founded in 2010 as an arena for experimentation and exploration into expanding the role of libraries in the online era, the Caselaw Access Project went live Oct. 29 after five years of discussions, planning and digitization of roughly 100,000 pages per day over two years.

The effort was inspired by the Google Books Project; the Free Law Project, a California 501(c)(3) that provides free, public online access to primary legal sources, including so-called “slip opinions,” or early but nearly final versions of legal opinions; and the Legal Information Institute, a nonprofit service of Cornell University that provides free online access to key legal materials."

#ProtectMueller Rapid Response Rally in Pittsburgh--Calling for Recusal of Acting Attorney General Matthew Whitaker, Protection of FBI Investigation by Robert Mueller, and Upholding of Rule of Law, Pittsburgh, PA, November 8, 2018

Kip Currier; #ProtectMueller Rapid Response Rally in Pittsburgh--Calling for Recusal of Acting Attorney General Matthew Whitaker, Protection of FBI Investigation by Robert Mueller, and Upholding of Rule of Law:

Hundreds protest Downtown with 'Trump chicken' balloon to protect Mueller investigation; The Pittsburgh Post-Gazette, November 8, 2018

Bill Schackner, The Pittsburgh Post-Gazette; Hundreds protest Downtown with 'Trump chicken' balloon to protect Mueller investigation 

"The turnout at 6 p.m. roughly coincided with demonstrations across the nation quickly announced for Thursday after Mr. Trump, a day earlier, sought and received the resignation of Attorney General Jeff Sessions, whose recusal from the probe last year drew the president’s ire.

Matthew Whitaker, named as his acting replacement, is seen by critics as a Republican loyalist who they contend may move to end or curb the probe."

Acosta should sue the president, and Americans should shun Sanders; The Washington Post, November 8, 2018

Jennifer Rubin, The Washington Post; Acosta should sue the president, and Americans should shun Sanders

"President Trump’s conduct (Sanders surely didn’t do this on her own) violates every democratic norm one can think of — and what’s more, is illegal.

The First Amendment protects the press’s right to report the news and the public’s right to receive that news. The government cannot punish or threaten the press or individuals based on the content of what is reported. In fact, in a public forum, which Twitter was deemed to be, a federal court already ordered Trump to unblock Twitter users who were critical of him."

White House shares doctored video to support punishment of journalist Jim Acosta; The Washington Post, November 8, 2018

Drew Harwell, The Washington Post; White House shares doctored video to support punishment of journalist Jim Acosta

"The video has quickly become a flashpoint in the battle over viral misinformation, turning a live interaction watched by thousands in real time into just another ideological tug-of-war. But it has also highlighted how video content — long seen as an unassailable verification tool for truth and confirmation — has become as vulnerable to political distortion as anything else."

Hundreds of '#ProtectMueller' Trump protests planned for Thursday November 8; BoingBoing, November 7, 2018

Xeni Jardin, BoingBoing; Hundreds of '#ProtectMueller' Trump protests planned for Thursday November 8

"Hundreds of #ProtectMueller protests and other events are planned for Thursday, November, 8, at 5pm local time.

Here is a list by state and town.


From the organizers, civic.moveon.org:

NOBODY IS ABOVE THE LAW—MUELLER PROTECTION RAPID RESPONSE
PROTESTS CALLED FOR THURSDAY, NOVEMBER 8, 5 PM LOCAL TIME.
Donald Trump has installed a crony to oversee the special counsel's Trump-Russia investigation, crossing a red line set to protect the investigation. By replacing Rod Rosenstein with just-named Acting Attorney General Matt Whitaker as special counsel Robert Mueller's boss on the investigation, Trump has undercut the independence of the investigation. Whitaker has publicly outlined strategies to stifle the investigation and cannot be allowed to remain in charge of it. The Nobody Is Above the Law network demands that Whitaker immediately commit not to assume supervision of the investigation. Our hundreds of response events are being launched to demonstrate the public demand for action to correct this injustice. We will update this page as the situation develops.Donald Trump just crossed a red line, violating the independence of the investigation pursuing criminal charges in the Trump-Russia scandal and cover-up.
Trump putting himself above the law is a threat to our democracy, and we’ve got to get Congress to stop him.
We're mobilizing immediately to demand accountability, because Trump is not above the law.
Please make note of the date, time, and description below to confirm that the host is able to organize the event on such short notice! In general, rallies are suggested to begin @ 5 PM local time. But individual local events may vary—please confirm details on your event page.
Once you sign up, make sure to invite friends to join you at the event!
Note: If you choose to attend an event, you agree to engage in nonviolent, peaceful action, to act lawfully, and to strive to de-escalate any potential confrontations with those who may disagree with our values.
Create an event in your area!"

Republicans Must Choose Between Trump and the Rule of Law; The Atlantic, November 8, 2018

Conor Fiedersdorf, The Atlantic; Republicans Must Choose Between Trump and the Rule of Law

"The president’s actions Wednesday portend a choice for GOP officials: Is their greater loyalty to the president or to the public’s right to know what he’s done?"

New EU Directive Limits Hate Speech, Establishes European Content Quotas; Intellectual Property Watch, November 6, 2018

William New, Intellectual Property Watch; New EU Directive Limits Hate Speech, Establishes European Content Quotas

"A new directive adopted today by European Union member governments updates and strengthens regulations on video-sharing platforms and other newer forms of media, emphasising the public interest, elevating protections for children, and establishing a 30 percent quota of European content in on-demand audiovisual media services

An over-riding element of the new rules is to emphasise the public interest over other interests, while seeking to ensure freedom of expression."

Why 'Right To Delete' Should Be On Your IT Agenda Now; Forbes, October 22, 2018

Yaki Faitelson, Forbes; Why 'Right To Delete' Should Be On Your IT Agenda Now

"As California goes, at least concerning data laws, so goes the rest of the country. In 2002, California became the first state to require organizations to report breaches to regulators. Now, it’s the law in all 50 states."

Data Self-Autonomy and Student Data Analytics; Kip Currier, November 5, 2018

Kip Currier: Data Self-Autonomy and Student Data Analytics

When I first saw this PittWire article's headline (Pitt Sets Course for Student Success With Inaugural Advanced Analytics Summit) about Pitt's first-ever Advanced Analytics Summit, my initial thought was, "will the article address the potential downsides of student data analytics?"

Certainly, there are some benefits potentially offered by analysis of data generated about students. Chief among them, greater self-awareness by students themselves; assuming that students are given the opportunity to access data collected about themselves. (Let's remember, also--as surprising as it may seem to digital cognoscenti--that not everyone may want to know and see the kinds of educational data that is generated and collected about themselves in the digital age, just as biomedical providers, ethicists, and users have been debating the thorny issues implicated by the right to know and not know one's own medical information (see here and here, as some examples of varying perspectives about whether to know-or-not-know your own genetic information.) Some among those who do see their educational data analytics may still want to elect to opt out of future collection and use of their personal data.

(Aside: Consider that most U.S. consumers currently have no statutorily-mandated and enforceable rights to opt out of data collection on themselves, or to view and make informed decisions about the petabytes of information collected about them. Indeed, at a privacy conference in Brussels recently, Apple CEO Tim Cook excoriated tech companies for the ways that "personal information is being "weaponized against us with military efficiency.""

Contrast this with the European Union's game-changing 2018 General Data Protection Regulation. 

Perennial consumer protection leader California, with its legislature's passage of the most stringent consumer data privacy protection law in the nation and signing into law on September 23, 2018 by California Governor Jerry Brown, was recently sued by the U.S. Department of Justice for that law's adoption.

All the more reason that a recent Forbes article author exhorts "Why "Right To Delete" Should Be On Your IT Agenda Now".)

Having qualified persons to guide students in interpreting and deciding if and how to operationalize data about themselves is crucial. (Student Data Analytics Advisor, anyone?) In what ways can students, and those entrusted to advise them, use data about themselves to make the best possible decisions, during their time as students, as well as afterwards in their personal and professional lives. As Pitt Provost Ann Cudd is quoted in the article:

“Two of our main objectives are raising graduation rates and closing achievement gaps. Things to focus on are excellence in education, building a network and identifying and pursuing life goals and leading a life of impact.”

Kudos that Provost Cudd, as reported in the article, explicitly acknowledged "that as advanced analytics moves forward at the University, two topics of focus include identifying whether the use of data is universally good and what potential dangers exist, and how to keep the human components to avoid generalizing." The overarching, driving focus of student data analytics must always be on what is best for the individual, the student, the human being.

It was good to see that data privacy and cybersecurity issues were identified at the summit as significant concerns. These are HUGE issues with no magic bullets or easy answers. In an age in which even the Pentagon and White House are not innoculated from documented cyberintrusions, does anyone really feel 100% sure that student data won't be breached and misused?

Disappointingly, the article sheds little light on the various stakeholder interests who are eager to harvest and harness student data. As quoted at the end of the article, Stephen Wisniewski, Pitt's Vice Provost for Data and Information, states that "“The primary reason is to better serve our students". Ask yourself, is "better serving students" Google's primary reason for student data analytics? Or a third party vendor? Or the many other parties who stand to benefit from student data analytics? Not just in higher education settings, but in K-12 settings as well. It's self-evident that the motivations for student "advanced analytics" are more complex and nuanced than primarily "better serving students".


As always, when looking at ethical issues and engaging with ethical decision-making, it's critically important to identify the stakeholder interests. To that end, when looking at the issue of student data analytics, we must identify who all of the actual and potential stakeholders are and then think about what their respective interests are, in order to more critically assess the issues and holistically apprise, understand, and make highly informed decisions about the potential risks and benefits. And, as I often remind myself, what people don't say is often just as important, if not sometimes more important and revealing, than what they do say.
Any mention of "informed consent", with regard to data collection and use, is noticeably absent from this article's reporting, though it hopefully was front and center at the summit.

Student data analytics offer some tantalizing possibilities for students to better know thyself. And for the educational institutions that serve them to better know--with the goal of better advising--their students, within legally bound and yet-to-be-bound limits, human individual-centered policies, and ethically-grounded guardrails that are built and reinforced with core values.

It's paramount, too, amidst our all-too-frequent pell-mell rush to embrace new technologies with sometimes utopian thinking and breathless actions, that we remember to take some stabilizing breaths and think deeply and broadly about the ramifications of data collection and use and the choices we can make about what should and should not be done with data--data about ourselves. Individual choice should be an essential part of student data analytics. Anything less places the interests of the data above the interests of the individual.