Newspaper Proudly Announces It Will Only Cover Political Candidates Who Buy Ads

from the fair-and-balanced dept

There's been a lot of talk lately about claims that blogs are somehow posting stories without revealing if companies are paying for them, and even the FTC has announced plans to come out with guidelines to stop such behavior. But, of course, that assumes that it's only "blogs" that do this sort of thing, and not the mainstream press. And, to be honest, I can't think of a dumber thing for a blog to do, because if evidence of such a thing ever came out, it would destroy that blog's credibility. Yet, apparently, some in the newspaper business have no problems overtly and proudly advertising such things. A whole bunch of folks have submitted the story of a weekly newspaper in Key West Florida that alerted local political candidates that if they want coverage, they need to buy ads:

"As far as candidate forums and debates, we'll cover those when we can, but if candidates want their campaign covered, they have to pay to play.... I gotta pay the bills."

While a bit shocking in its honesty, it also should raise pretty serious questions about the credibility of the publication, which promises "fair reporting and fair representation." Though, given that it looks like the Conch Color website was designed in 1996 (yes, it has a clip art animated spinning globe -- and I'm almost surprised there's no animated "under construction" gifs), perhaps its credibility was already in question.

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More Double Standards On Journalist Entitlement

from the wait-a-second... dept

We've been hearing all of these stories about the importance of extending copyright further over news content and how mainstream publications can't handle other publications acting as "parasites" -- using their news without paying.... And at the same time, there seems to be a huge double standard. Apparently people are questioning the journalistic ethics of ESPN for offering to pay $500 for the Lebron James dunk video, which made some news recently when James supposedly tried to suppress it.

However, the bigger point here is: smaller publications are considered parasites for rewriting a story from a major publication leading people to put forth proposals that these sites pay the original publication. But... when it comes to a video from an independent entity, it's suddenly an ethics violation to pay the copyright holder? In the first case you have company A (the major publication) demanding money from company/person B (the indie publication) for "using" their work. In the second case you have people saying that it's unethical for company/person B to get money from company A for using their work.

Can someone please explain how that's not a double standard?

When the mainstream publication is reporting it's unethical to pay for copyrighted material? But when another publication writes a story (not copies it, even) based on reporting from a mainstream publication, it's suddenly a violation? By the mainstream publications' own reasoning, wouldn't accepting money from these "parasites" be just as unethical? After all, those smaller publications would now be paying for news, which apparently is incredibly unethical in the mainstream journalism book...

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Former RIAA Lawyer At DOJ Will Only Avoid RIAA Issues For A Year

from the ethics? dept

Plenty of folks have noted that the Justice Department has been the landing place for a number of RIAA lawyers. Some have suggested not to get too worked up about this, given that the Obama administration's ethics rules supposedly forbade those lawyers from being involved in issues related to their former work. However, it looks like the limit on these guys is actually quite narrow and for a very short period of time. We'd already noted that the highest ranking former RIAA lawyer, Thomas Perrelli, in his Senate confirmation hearings, said he hoped to use his position to increase intellectual property enforcement from within the Justice Department.

Now, Pro Publica, an online investigative reporting operation, has published the ethics agreements signed by Obama administration appointees, including Tom Perrelli's agreement, which appears to only preclude him from working on issues that impact his former clients for one year. Also, it seems pretty narrowly focused on the specific clients he worked for, but not other aspects of the same industry. In other words, in less than a year, he can certainly start helping the RIAA from within the Justice Department -- and his Senate testimony suggests he's interested in doing so. That's not quite the ethical separation we were led to believe would exist in the administration.

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The Ethical (And Mathematical) Dilemma Of Madoff Investors Who Took Some Money Out

from the what-to-do? dept

With respect to the Bernard Madoff scam, I'd been hearing plenty of people ask "where did the money go?" since there's none left. The answer has always been pretty straightforward: as a Ponzi scheme, much of the money went back out to the earlier investors who took some money out. The rest was probably invested in various investments whose value has gone down to almost nothing in the last few months. However, this is apparently creating something of a quandary for some of those early investors who took money out -- but still had some money (theoretically) still with Madoff. Should they apply for aid from the Securities Investor Protection Corp?

SIPC acts like an FDIC for these types of investments, helping to protect investors in cases of fraud. But some are realizing that if they took money out from Madoff over the years (and some did so profitably), if they go ask for money from the SIPC, it could alert regulators to the fact that they profited from Madoff's scam -- and they could suddenly owe the "profits" they had taken out in the past. The Feds can demand that those who profited from Madoff's scam return the money -- but that will involve actually being able to track them down. For some "victims," it may be better to just keep what they have, keep quiet, and forget what they thought they still had invested with Madoff. But there are concerns for others who have already admitted to cashing out (sometimes a long time ago), are they suddenly going to be forced to return the money they took out of their accounts?

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Lawyer Seriously Slapped Down For SLAPP Attempt Against Librarian Blogger

from the ouch dept

We've covered the concept of SLAPP (Strategic Lawsuit Against Public Participation) suits plenty of times before. These are bogus lawsuits filed to try to bully a critic into shutting up. In one such case, involving an incredibly broad subpoena against a librarian blogger compiling information on the potential link between mercury and autism, a magistrate judge has seriously smacked down the lawyer who filed the subpoena. The blogger had merely published on her blog information about the fees the lawyer in question had received. In response, the lawyer subpoenaed a ridiculous amount of information from her: "all documents pertaining to the setup, financing, running, research, maintaining" of the blog, "including communications with representatives of the federal government, the pharmaceutical industry, advocacy groups, non-governmental organizations, political action groups, profit or non-profit entities, journals, editorial boards, scientific boards, academic boards, medical licensing boards, any 'religious groups (Muslim or otherwise), or individuals with religious affiliations,' and any other 'concerned individuals.'"

The judge quashed the subpoena quickly, but has now hit back really hard on the lawyer, Clifford Shoemaker, for filing it in the first place:

Shoemaker has not offered a shred of evidence to support his speculations. He has, he says, had his suspicions aroused because she has so much information. Clearly he is unfamiliar with the extent of the information which a highly-competent librarian like Ms. Seidel can, and did, accumulate. If Shoemaker wanted to know if Ms. Seidel was in part supported by or provided information by Bayer, he could have inquired of Bayer or limited the Seidel subpoena to that information. Instead he issued the subpoena calling for production of documents and a deposition on the day before he stipulated to dismiss the underlying suit with prejudice. His failure to withdraw the subpoena when he clearly knew that suit was over is telling about his motives. His efforts to vilify and demean Ms. Seidel are unwarranted and unseemly....

I find that Clifford Shoemaker violated Fed. R. Civ. P. 11(b)(1) and Rule 45(c)(1).... The 11(b)(1) violation may also violate Virginia's Rules of Professional Conduct .... Clifford J. Shoemaker’s action is an abuse of legal process, a waste of judicial resources and an unnecessary waste of the time and expense to the purported deponent.

The Clerk of Court is directed to forward a certified copy of this order, the motion to quash, the show cause order, and the response of Shoemaker and Seidel to the appropriate professional conduct committee of the Virginia State Bar in order that it may be made aware of Clifford J. Shoemaker's conduct and so that those authorities may take whatever action they deem appropriate.

As a sanction from this court, Clifford J. Shoemaker is ordered to attend within three months, a continuing legal education program on ethics and on the discovery rules in the Federal Rules of Civil Procedure. He is ordered to file a certification of completion of the programs.

Now that's a smackdown.

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On The Criminality Of WiFi Piggybacking...

from the is-it-really-a-crime? dept

It's been many, many years since we first asked the question of whether or not piggybacking on an open WiFi network was a crime. Since then, we've seen plenty of people arrested, and wide ranging discussions on the ethics of WiFi piggybacking -- with various ethicists noting that simply using an open WiFi network doesn't seem unethical, assuming you don't significantly slow down the connection by uploading or downloading large files. However, we still see people falsely referring to it as "theft".

The latest comes in a short column for Time Magazine, where the author admits that he was a WiFi "thief" for many years in his old apartment. In the article, he claims that it is against the law, noting one of the stories of someone being arrested, while quoting Title 18, Part 1, Chapter 47 of the United States Code, which deals with anybody who "intentionally accesses a computer without authorization or exceeds authorized access." Well, that sounds good, but there's a big problem with it. If the owner of the WiFi access point left it open, then they have, by default, authorized access to that device. So it can't possibly be a violation of that law.

Of course, there will be those who say that the owners didn't intend for the network to be open -- but that's really besides the point here. The only information a user has is does the network say: "you're welcome here" or not. If it's open, it sends out an invite that specifically says: this network is open, come use it. That's authorization, and using such a network is not "theft" in any sense.

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What's Wrong With Putting A Fake Ad In A Newspaper?

from the people-are-too-sensitive dept

Last week, the Philadelphia Inquirer and the Philadelphia Daily News (both owned by the same media company) ran full page ads for a "new" airline called Derrie-Air that had a unique selling point: pay what you weigh. Different routes had different prices that were all per pound. The idea was that the lighter you (and your luggage) were, the less you would have to pay. The only thing is that the airline doesn't actually exist (which I assume anyone with a very slight knowledge of the French language could probably figure out from the name of the airline).

So why did the newspapers do this? It was actually as a test, to see how well advertisements in the paper could drive people to a website. The whole thing sounds like a good (and funny) way to test that out. But, of course, any time you trick some people, someone's going to get upset -- and that's exactly what's happening. Suddenly people are charging the company with some sort of ethical lapse for not making it clear the ad was fake. Of course, if they did that, the whole purpose of the ad would have been lost.

Plus, it's difficult to see what the "harm" is. If a few people thought it was real, they would quickly be disabused of that notion, with no harm done. The people complaining that this would somehow make people trust the news in the paper less apparently haven't been paying attention to the various reporting scandals over the past few years. People have plenty of reasons not to trust the news that they read. Seeing a fake (and mildly amusing) ad in a paper isn't going to make them trust the newspapers any less.

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Is It Fair Game To Track People's Movements Via Their Mobile Phones?

from the ethical-questions dept

For many years, there have been efforts under way to use data from mobile phones to determine where people are or how they travel. Often this is used with the idea of getting useful automobile traffic info (if mobile phones are moving slowly, so are their cars). However, this has resulted in some privacy concerns, with people wondering why their data is being used in this way. And stories about how the boss of a big Chinese telco regularly uses the data to spy on people's location probably don't make people any more comfortable.

However, some researchers worked with an unnamed mobile phone company to get a ton of this type of data in order to get an idea of how people move around. While the researchers seem to think the results are surprising, they don't seem all that unexpected. Basically, people tend to just go to a few regular places rather than travel randomly around -- and most people don't travel far from home all that often. I'm somewhat surprised that anyone would have expected otherwise.

What may be more interesting, though, is the brewing controversy over how this data was obtained and whether or not it violated privacy rights or ethics rules. The researchers note that the data was totally anonymized, but we've all seen how any anonymized dataset can be unanonymized with a little work. In some ways, this goes back to a post we had last year from Tom Lee, questioning whether we needed new privacy norms when it came to things like mobile phone tracking. What does seem likely, however, is that we're only going to hear of more and more cases where such tracking data is used, and such questions about privacy and morality probably won't hold much weight next to the desire to get and use that kind of data.

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