Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Laws. Show all posts
Showing posts with label Laws. Show all posts

Friday, August 28, 2020

Trump Shatters Ethics Norms By Making Official Acts Part Of GOP Convention

Sam Gringlas
www.npr.org
Originally posted 26 August 20

Here is an excerpt:

As part of Tuesday night's prime-time convention programming, Trump granted a presidential pardon from the White House. Secretary of State Mike Pompeo appeared from Jerusalem, where he was on official state business, to make a campaign speech with the Old City as backdrop. First lady Melania Trump delivered a speech from the White House Rose Garden. And acting Homeland Security Secretary Chad Wolf performed a naturalization ceremony on television as Trump looked on.

The Hatch Act prohibits federal employees from engaging in most political activity inside federal buildings or while on duty. Though the president and vice president are exempt from the civil provisions of the Hatch Act, federal employees like Pompeo, Wolf and any executive branch employees who helped stage the events are not.

Ethics watchdogs harshly criticized Trump's merging of official and campaign acts during the Tuesday night telecast.

"The Hatch Act was the wall standing between the government's might and candidates. Tonight a candidate tore down that wall and wielded power for his own campaign," tweeted Walter Shaub, the former head of the U.S. Office of Government Ethics. Shaub left the office in 2017 after clashing with the Trump administration over the president's failure to divest from his businesses.

This summer, Pompeo and top State Department officials sent memos to employees reminding them they must be careful to adhere to the Hatch Act. Another memo said, "Senate-confirmed Presidential appointees may not even attend a political party convention or convention-related event." That description also applies to Pompeo.

Richard Haass, the longtime president of the Council on Foreign Relations who has served in several Republican administrations, said it's inappropriate for a secretary of state to appear at a political convention while serving as the nation's top diplomat.

The info is here.

Wednesday, June 10, 2020

The moral courage of the military in confronting the commander in chief

Robert Bruce Adolph
Tampa Bay Times
Originally posted 9 June 20

The president recently threatened to use our active duty military to “dominate” demonstrators nationwide, who are exercising their wholly legitimate right to assemble and be heard.

The distinguished former Secretary of Defense Jim Mattis nailed it in his recent broadside published in The Atlantic that took aim at our current commander-in-chief. Mattis states, “When I joined the military, some 50 years ago … I swore an oath to support and defend the Constitution. Never did I dream that troops taking the same oath would be ordered under any circumstances to violate the constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.”

The current Secretary of Defense, Mike Esper, who now perhaps regrets being made into a photographic prop for the president, has come out publicly against using the active duty military to quell civil unrest in our cities; as has 89 high ranking former defense officials who stated that they were “alarmed” by the chief executive’s threat to use troops against our country’s citizens on U.S. soil. Former Secretary of State Colin Powell, a former U.S. Army general and Republican Party member, has also taken aim at this presidency by stating that he will vote for Joe Biden in the next election.

The info is here.

Monday, April 13, 2020

Which Legal Approaches Help Limit Harms to Patients From Clinicians’ Conscience-Based Refusals?

R. Kogan, K. Kraschel, & C. Haupt
AMA J Ethics. 2020;22(3):E209-216.
doi: 10.1001/amajethics.2020.209.

Abstract

This article canvasses laws protecting clinicians’ conscience and focuses on dilemmas that occur when a clinician refuses to perform a procedure consistent with the standard of care. In particular, the article focuses on patients’ experience with a conscientiously objecting clinician at a secular institution, where patients are least likely to expect conscience-based care restrictions. After reviewing existing laws that protect clinicians’ conscience, the article discusses limited legal remedies available to patients.

Potential Sites of Conflict

Clinicians who object to providing care on the basis of “conscience” have never been more robustly protected than today by state legislatures and federal law. Although US law as well as professional ethics allows clinicians to deviate from professional norms and standards when their religious or moral beliefs conflict with a requested service,1 the scope of legal remedies for patients harmed by these objections has shrunk as federal and state law has effectively insulated objecting clinicians from liability. This article outlines laws protecting clinician conscience and identifies questions that arise when a clinician refuses to perform a procedure consistent with the medical profession’s standard of care. We focus on patients seeking care at secular institutions where patients are least likely to have notice that care they receive could be restricted based upon an individual clinician’s refusal. As a result, patients may unknowingly receive substandard care from objecting physicians and even be harmed by their refusals. However, the legal remedies available to patients adversely affected by refusals are limited. We first discuss federal and state law governing refusals based on clinician conscience and then examine the remedies available to patients who suffer harm as a result of a physician’s refusal.

The info is here.

Tuesday, April 7, 2020

Tavis Smiley Ordered To Pay PBS $1.5 Million For Violating Network's 'Morality' Clause

Vanessa Romo
npr.org
Originally published 4 March 20

Here is an excerpt:

Throughout the three-week civil trial, jurors heard from six women who testified that Smiley subjected subordinates to unwanted sexual advances. "One woman who accused Smiley of sexual harassment left the show and received a $325,000 settlement," Variety reported.

The win for PBS may prove to be significant for other companies facing workplace suits stemming from sexual-misconduct allegations, who are seeking to break ties with accused individuals.

"In the midst of the #MeToo movement, he violated our morals clause... You can't have a consensual relationship between a manager and a subordinate because of the power dynamic. It's never consensual because that manager has power over all aspects of that person's employment," the network's lead attorney, Grace Speights, said in court.

Smiley's dismissal was one of many in the wake of the #MeToo movement which first gained global attention in 2017, after dozens of women accused movie producer Harvey Weinstein of sexual misconduct. Years later, a jury has convicted Weinstein of rape, Bill Cosby is behind bars for sexual assault, and popular hosts including Matt Lauer and Charlie Rose — who was fired by PBS in 2017 — have been removed from the airwaves amid accusations of misconduct.

The info is here.

Tuesday, March 31, 2020

Pregnant and shackled: why inmates are still giving birth cuffed and bound

23 states do not have laws against shackling of incarcerated pregnant women.Lori Teresa Yearwood
theguardian.com
Originally posted 24 Feb 20

Here is an excerpt:

To convolute matters more, the federal government does not require prisons or jails to collect data on pregnancy and childbirth among female inmates. A bill introduced in September 2018 would have required such data collection. However, no action was taken on the bill.

Even the definition of shackling varies. Some states, such as Maryland and New York, ban all restraints immediately before and after birth, though there are exceptions in extraordinary circumstances. Other states, such as Ohio, allow pregnant women to be handcuffed in the front of their bodies, as opposed to behind their bodies, which is thought to be more destabilizing.

Then there is the delineation between shackling during pregnancy, active delivery and postpartum. Individual state laws are filled with nuances. As of 2017, Rhode Island is the only state that has what is called “a private right of action”, an enforcement mechanism allowing the illegally shackled woman to sue for monetary compensation.

The one constant: the acute psychological trauma that shackling inflicts.

“Women subjected to restraint during childbirth report severe mental distress, depression, anguish, and trauma,” states a 2017 report from the American Psychological Association.

“Women who get locked up, tend on average to have suffered many more childhood traumas, says Terry Kupers, MD, a psychiatrist and the author of the book Solitary: The Inside Story of Supermax Isolation and How We Can Abolish It. He implores prison staffs “to be very careful that we do not re-traumatize them. Because re-traumatization makes conditions like post-traumatic stress disorder much worse.”

Amy Ard, executive director of Motherhood Beyond Bars, a not-for-profit in Georgia, worries that the trauma of shackling takes a toll on the self-image of new mothers. Inevitably, this question looms in the minds of the women Ard works with: if I am someone who needs to be chained, how can I expect to also see myself as someone capable of protecting my child?

The info is here.

Friday, March 27, 2020

Human Trafficking Survivor Settles Lawsuit Against Motel Where She Was Held Captive

Todd Bookman
npr.org
Originally posted 20 Feb 20

Here is an excerpt:

Legal experts and anti-trafficking groups say her 2015 case was the first filed against a hotel or motel for its role in a trafficking crime.

"It is not that any hotel is liable just because trafficking occurred on their premises," explains Cindy Vreeland, a partner at the firm WilmerHale, which handled Ricchio's case pro bono. "The question is whether the company that's been sued knew or should have known about the trafficking."

After a number of appeals and delays, the case finally settled in December 2019 with Ricchio receiving an undisclosed monetary award. Owners of the Shangri-La Motel didn't respond to a request for comment.

"I never thought it would be, like, an eight-year process," Ricchio says. "Anything in the court system seems to take forever."

That slow process isn't deterring other survivors of trafficking from bringing their own suits.

According to the Human Trafficking Institute, there were at least 25 new cases filed nationwide against hotels and motels last year under the TVPA.

Some of the named defendants include major chains such as Hilton, Marriott and Red Roof Inn.

"You can't just let anything happen on your property, turn a blind eye and say, 'Too bad, so sad, I didn't do it, so I'm not responsible,' " says Paul Pennock with the firm Weitz & Luxenberg.

The info is here.

Monday, March 16, 2020

U.S. Indian Health Service Doctor Indicted on Charges of Sexual Abuse

Christopher Weaver and Dan Frosch
The Wall Street Journal
Originally published 13 Feb 20

Here is an excerpt:

The new allegations aren’t the first about Dr. Ibarra-Perocier, some of the people familiar with the matter said. At least two nurses accused him internally of workplace sexual harassment in past years, the people said. Dr. Ibarra-Perocier’s wife, who left her job due to illness in 2017 and died the next year, was his supervisor during that time, they said.

In December, the HHS inspector general found the agency’s patient-protection policies don’t go far enough.

The inspectors concluded the agency had focused so narrowly on medical providers who commit child sexual abuse that it didn’t adequately direct employees on how to respond to other kinds of perpetrators, victims or types of abuse.

A separate White House task force convened to examine the widening scandal is expected to release additional recommendations for improving safety at the agency’s facilities next week.

The IHS also commissioned a review of its own handling of the Weber case that is expected to lead to additional changes. The private contractor the agency retained to do that work completed its report, but the agency has withheld the document, arguing that it is a record of quality assurance program that by law is confidential.

“IHS is committed to transparency, accountability and continuous improvement,” an agency spokeswoman said in a January statement. “We also respect and protect patient privacy.”

The info is here.

Wednesday, February 26, 2020

Zombie Ethics: Don’t Keep These Wrong Ideas About Ethical Leadership Alive

Bruce Weinstein
Forbes.com
Originally poste 18 Feb 20

Here is an excerpt:

Zombie Myth #1: There are no right and wrong answers in ethics

A simple thought experiment should permanently dispel this myth. Think about a time when you were disciplined or punished for something you firmly believed was unfair. Perhaps you were accused at work of doing something you didn’t do. Your supervisor Mike warned you not to do it again, even though you had plenty of evidence that you were innocent. Even Mike didn’t fire you, your good reputation has been sullied for no good reason.

Suppose you tell your colleague Janice this story, and she responds, “Well, to you Mike’s response was unfair, but from Mike’s point of view, it was absolutely fair.” What would you say to Janice?

A. “You’re right. There are no right or wrong answers in ethics.”

B. “No, Janice. Mike didn’t have a different point of view. He had a mistaken point of view. There are facts at hand, and Mike refused to consider them.”

Perhaps you believed myth #1 before this incident occurred. Now that you’ve been on the receiving end of a true injustice, you see this myth for what it really is: a zombie idea that needs to go to its grave permanently.

Zombie myth #2: Ethics varies from culture to culture and place to place 

It’s tempting to treat this myth as true. For example, bribery is a widely accepted way to do business in many countries. At a speech I gave to commercial pilots, an audience member said that the high-level executives on a recent flight weren’t allowed disembark until someone “took care of” a customs official. Either they could give him some money under the table and gain entry into the country, or they could leave.

But just because a practice is widely accepted doesn’t mean it is acceptable. That’s why smart businesses prohibit engaging in unfair international business practices, even if it means losing clients.

The info is here.

Ethical and Legal Aspects of Ambient Intelligence in Hospitals

Gerke S, Yeung S, Cohen IG.
JAMA. Published online January 24, 2020.
doi:10.1001/jama.2019.21699

Ambient intelligence in hospitals is an emerging form of technology characterized by a constant awareness of activity in designated physical spaces and of the use of that awareness to assist health care workers such as physicians and nurses in delivering quality care. Recently, advances in artificial intelligence (AI) and, in particular, computer vision, the domain of AI focused on machine interpretation of visual data, have propelled broad classes of ambient intelligence applications based on continuous video capture.

One important goal is for computer vision-driven ambient intelligence to serve as a constant and fatigue-free observer at the patient bedside, monitoring for deviations from intended bedside practices, such as reliable hand hygiene and central line insertions. While early studies took place in single patient rooms, more recent work has demonstrated ambient intelligence systems that can detect patient mobilization activities across 7 rooms in an ICU ward and detect hand hygiene activity across 2 wards in 2 hospitals.

As computer vision–driven ambient intelligence accelerates toward a future when its capabilities will most likely be widely adopted in hospitals, it also raises new ethical and legal questions. Although some of these concerns are familiar from other health surveillance technologies, what is distinct about ambient intelligence is that the technology not only captures video data as many surveillance systems do but does so by targeting the physical spaces where sensitive patient care activities take place, and furthermore interprets the video such that the behaviors of patients, health care workers, and visitors may be constantly analyzed. This Viewpoint focuses on 3 specific concerns: (1) privacy and reidentification risk, (2) consent, and (3) liability.

The info is here.

Thursday, February 13, 2020

FDA and NIH let clinical trial sponsors keep results secret and break the law

Charles Piller
sciencemag.org
Originally posted 13 Jan 20

For 20 years, the U.S. government has urged companies, universities, and other institutions that conduct clinical trials to record their results in a federal database, so doctors and patients can see whether new treatments are safe and effective. Few trial sponsors have consistently done so, even after a 2007 law made posting mandatory for many trials registered in the database. In 2017, the National Institutes of Health (NIH) and the Food and Drug Administration (FDA) tried again, enacting a long-awaited “final rule” to clarify the law’s expectations and penalties for failing to disclose trial results. The rule took full effect 2 years ago, on 18 January 2018, giving trial sponsors ample time to comply. But a Science investigation shows that many still ignore the requirement, while federal officials do little or nothing to enforce the law.

(cut)

Contacted for comment, none of the institutions disputed the findings of this investigation. In all 4768 trials Science checked, sponsors violated the reporting law more than 55% of the time. And in hundreds of cases where the sponsors got credit for reporting trial results, they have yet to be publicly posted because of quality lapses flagged by ClinicalTrials.gov staff.

The info is here.

Wednesday, February 12, 2020

Judge holds Pa. psychologist in contempt, calls her defiance ‘extraordinary’ in trucker’s case

John Beague
PennLive.com
Originally 18 Jan 20

A federal judge has held a Sunbury psychologist in contempt and sanctioned her $8,288 for failing to comply with a subpoena and a court order in a civil case stemming from a 2016 traffic crash.

U.S. Middle District Judge Matthew W. Brann, in an opinion issued Friday, said he has never encountered the “obstinance” displayed by Donna Pinter of Psychological Services Clinic Inc.

He called Pinter’s defiance “extraordinary” and pointed out that she never objected to the validity of the subpoena or court order and did not provide an adequate excuse.

“She forced the parties and this court to waste significant and limited resources litigating these motions and convening two hearings for what should have been a routine document production,” he wrote.

The defendants sought information about Kenneth Kerlin of Middleburg from Pinter because she has treated him for years and in his suit he claims the crash, which involved two tractor-trailers, has caused him mental suffering.

The info is here.

Wednesday, January 22, 2020

‘The Algorithm Made Me Do It’: Artificial Intelligence Ethics Is Still On Shaky Ground

Joe McKendrick
Forbes.com
Originally published 22 Dec 19

Here is an excerpt:

Inevitably, “there will be lawsuits that require you to reveal the human decisions behind the design of your AI systems, what ethical and social concerns you took into account, the origins and methods by which you procured your training data, and how well you monitored the results of those systems for traces of bias or discrimination,” warns Mike Walsh, CEO of Tomorrow, and author of The Algorithmic Leader: How to Be Smart When Machines Are Smarter Than You, in a recent Harvard Business Review article. “At the very least trust, the algorithmic processes at the heart of your business. Simply arguing that your AI platform was a black box that no one understood is unlikely to be a successful legal defense in the 21st century. It will be about as convincing as ‘the algorithm made me do it.’”

It’s more than legal considerations that should drive new thinking about AI ethics. It’s about “maintaining trust between organizations and the people they serve, whether clients, partners, employees, or the general public,” a recent report out of Accenture maintains. The report’s authors, Ronald Sandler and John Basl, both with Northeastern University’s philosophy department, and Steven Tiell of Accenture, state that a well-organized data ethics capacity can help organizations manage risks and liabilities associated with such data misuse and negligence.

“It can also help organizations clarify and make actionable mission and organizational values, such as responsibilities to and respect for the people and communities they serve,” Sandler and his co-authors advocate. A data ethics capability also offers organizations “a path to address the transformational power of data-driven AI and machine learning decision-making in an anticipatory way, allowing for proactive responsible development and use that can help organizations shape good governance, rather than inviting strict oversight.”

The info is here.

Wednesday, January 15, 2020

French Executives Found Responsible for 35 Employees' Deaths by Suicide

Katie Way
vice.com
Originally posted 20 Dec 19

Today, in a landmark case for worker’s rights and workplace accountability, three former executives of telecommunication company Orange (formerly known as France Télécom) were charged with “collective moral harassment” after creating a work environment which was found to have directly contributed to the death by suicide of 35 employees. This included, according to NPR , 19 employees who died by suicide between 2008 and 2009, many of whom “left notes blaming the company or who killed themselves at work.”

Why would a company lead a terror campaign against its own workers? Money, of course: The plan was enacted as part of a push to get rid of 22,000 employees in order to counterbalance $50 million in debt incurred after the company privatized—it was formerly a piece of the French government’s Ministry of Posts and Telecommunications, meaning its employees were granted special protection as civil servants that prevented their higher-ups from firing them. According to the New York Times, the executives attempted to solve this dilemma by creating an “atmosphere of fear” and purposefully stoked “severe anxiety” in order to drive workers to quit. Former CEO Didier Lombard, sentenced to four months in jail and a $16,000 fine, reportedly called the strategies part of a plan to get rid of unwanted employees “either through the window or through the door.” Way to say the quiet part loud, Monsieur!

Friday, December 27, 2019

Affordable treatment for mental illness and substance abuse gets harder to find

Image result for mental health parityJenny Gold
The Washington Post
Originally published 1 Dec 19

Here is an excerpt:

A report published by Milliman, a risk management and health-care consulting company, found that patients were dramatically more likely to resort to out-of-network providers for mental health and substance abuse treatment than for other conditions. The disparities have grown since Milliman published a similarly grim study two years ago.

The latest study examined the claims data of 37 million individuals with commercial preferred provider organization’s health insurance plans in all 50 states from 2013 to 2017.

Among the findings:

●People seeking inpatient care for behavioral health issues were 5.2 times more likely to be relegated to an out-of-network provider than for medical or surgical care in 2017, up from 2.8 times in 2013.

●For substance abuse treatment, the numbers were even worse: Treatment at an inpatient facility was 10 times more likely to be provided out-of-network — up from 4.7 times in 2013.

●In 2017, a child was 10 times more likely to go out-of-network for a behavioral health office visit than for a primary care office visit.

●Spending for all types of substance abuse treatment was just 0.9 percent of total health-care spending in 2017. Mental health treatment accounted for 2.4 percent of total spending.

In 2017, 70,237 Americans died of drug overdoses, and 47,173 from suicide, according to the Centers for Disease Control and Prevention. In 2018, nearly 20 percent of adults — more than 47 million people — experienced a mental illness, according to the National Alliance on Mental Illness.

“I thought maybe we would have seen some progress here. It’s very depressing to see that it’s actually gotten worse,” said Henry Harbin, former chief executive of Magellan Health, a managed behavioral health-care company, and adviser to the Bowman Family Foundation, which commissioned the report. “Employers and insurance plans need to quadruple their efforts.”

The info is here.

Thursday, December 19, 2019

Where AI and ethics meet

Stephen Fleischresser
Cosmos Magazine
Originally posted 18 Nov 19

Here is an excerpt:

His first argument concerns common aims and fiduciary duties, the duties in which trusted professionals, such as doctors, place other’s interests above their own. Medicine is clearly bound together by the common aim of promoting the health and well-being of patients and Mittelstadt argues that it is a “defining quality of a profession for its practitioners to be part of a ‘moral community’ with common aims, values and training”.

For the field of AI research, however, the same cannot be said. “AI is largely developed by the private sector for deployment in public (for example, criminal sentencing) and private (for example, insurance) contexts,” Mittelstadt writes. “The fundamental aims of developers, users and affected parties do not necessarily align.”

Similarly, the fiduciary duties of the professions and their mechanisms of governance are absent in private AI research.

“AI developers do not commit to public service, which in other professions requires practitioners to uphold public interests in the face of competing business or managerial interests,” he writes. In AI research, “public interests are not granted primacy over commercial interests”.

In a related point, Mittelstadt argues that while medicine has a professional culture that lays out the necessary moral obligations and virtues stretching back to the physicians of ancient Greece, “AI development does not have a comparable history, homogeneous professional culture and identity, or similarly developed professional ethics frameworks”.

Medicine has had a long time over which to learn from its mistakes and the shortcomings of the minimal guidance provided by the Hippocratic tradition. In response, it has codified appropriate conduct into modern principlism which provides fuller and more satisfactory ethical guidance.

The info is here.

Tuesday, December 17, 2019

We Might Soon Build AI Who Deserve Rights

Image result for robot rightsEric Schweitzengebel
Splintered Mind Blog
From a Talk at Notre Dame
Originally posted 17 Nov 19

Abstract

Within a few decades, we will likely create AI that a substantial proportion of people believe, whether rightly or wrongly, deserve human-like rights. Given the chaotic state of consciousness science, it will be genuinely difficult to know whether and when machines that seem to deserve human-like moral status actually do deserve human-like moral status. This creates a dilemma: Either give such ambiguous machines human-like rights or don't. Both options are ethically risky. To give machines rights that they don't deserve will mean sometimes sacrificing human lives for the benefit of empty shells. Conversely, however, failing to give rights to machines that do deserve rights will mean perpetrating the moral equivalent of slavery and murder. One or another of these ethical disasters is probably in our future.

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But as AI gets cuter and more sophisticated, and as chatbots start sounding more and more like normal humans, passing more and more difficult versions of the Turing Test, these movements will gain steam among the people with liberal views of consciousness. At some point, people will demand serious rights for some AI systems. The AI systems themselves, if they are capable of speech or speechlike outputs, might also demand or seem to demand rights.

Let me be clear: This will occur whether or not these systems really are conscious. Even if you’re very conservative in your view about what sorts of systems would be conscious, you should, I think, acknowledge the likelihood that if technological development continues on its current trajectory there will eventually be groups of people who assert the need for us to give AI systems human-like moral consideration.

And then we’ll need a good, scientifically justified consensus theory of consciousness to sort it out. Is this system that says, “Hey, I’m conscious, just like you!” really conscious, just like you? Or is it just some empty algorithm, no more conscious than a toaster?

Here’s my conjecture: We will face this social problem before we succeed in developing the good, scientifically justified consensus theory of consciousness that we need to solve the problem. We will then have machines whose moral status is unclear. Maybe they do deserve rights. Maybe they really are conscious like us. Or maybe they don’t. We won’t know.

And then, if we don’t know, we face quite a terrible dilemma.

If we don’t give these machines rights, and if turns out that the machines really do deserve rights, then we will be perpetrating slavery and murder every time we assign a task and delete a program.

The blog post is here.

Monday, December 16, 2019

Courts Strike Down Trump’s ‘Refusal of Care’ Conscience Rule

Alicia Gallegos
mdedge.com
Originally posted 7 Nov 19

A federal court has struck down a Trump administration rule that would have allowed clinicians to refuse to provide medical care to patients for religious or moral reasons.

In a Nov. 6 decision, the U.S. District Court for the Southern District of New York vacated President Trump’s rule in its entirety, concluding that the rule had no justification and that its provisions were arbitrary and capricious. In his 147-page opinion, District Judge Paul Engelmayer wrote that the U.S. Department of Health & Human Services did not have the authority to enact such an expansive rule and that the measure conflicts with the Administrative Procedure Act, Title VII of the Civil Rights Act, and the Emergency Medical Treatment & Labor Act, among other laws.

“Had the court found only narrow parts of the rule infirm, a remedy tailoring the vacatur to only the problematic provision might well have been viable,” Judge Engelmayer wrote. “The [Administrative Procedure Act] violations that the court has found, however, are numerous, fundamental, and far reaching ... In these circumstances, a decision to leave standing isolated shards of the rule that have not been found specifically infirm would ignore the big picture: that the rulemaking exercise here was sufficiently shot through with glaring legal defects as to not justify a search for survivors [and] leaving stray nonsubstantive provisions intact would not serve a useful purpose.”

At press time, the Trump administration had not indicated whether they plan to file an appeal.

The info is here.

Friday, December 13, 2019

Conference warned of dangers of facial recognition technology

Because of new technologies, “we are all monitored and recorded every minute of every day of our lives”, a conference has heard. Photograph: iStockColm Keena
The Irish Times
Originally posted 13 Nov 19

Here is an excerpt:

The potential of facial recognition technology to be used by oppressive governments and manipulative corporations was such that some observers have called for it to be banned. The suggestion should be taken seriously, Dr Danaher said.

The technology is “like a fingerprint of your face”, is cheap, and “normalises blanket surveillance”. This makes it “perfect” for oppressive governments and for manipulative corporations.

While the EU’s GDPR laws on the use of data applied here, Dr Danaher said Ireland should also introduce domestic law “to save us from the depredations of facial recognition technology”.

As well as facial recognition technology, he also addressed the conference about “deepfake” technology, which allows for the creation of highly convincing fake video content, and algorithms that assess risk, as other technologies that are creating challenges for the law.

In the US, the use of algorithms to predict a person’s likelihood of re-offending has raised significant concerns.

The info is here.

Thursday, November 28, 2019

The unbearable wrongness of William Barr: Secularism doesn't destroy society or moral order

Phil Zuckerman
salon.com
Originally posted November 9, 2019

Here is an excerpt:

When lots of people in a given society stop being religious of their own accord, such organic secularization does not result in the evaporation of morality in society, nor national decay. For instance, the most secular countries in the world today fare much better on nearly every measure of peace, prosperity, and societal well-being — including infant mortality, life expectancy, educational attainment, economic prosperity, freedom, levels of corruption, and so forth — than the most religious countries. In fact, those countries with the highest murder rates — such as Jamaica, Honduras, Guatemala, Colombia, and Brazil — are extremely religious, while those countries with the lowest murder rates — such as Iceland, Canada, Slovenia, Norway, and the Netherlands — are among the most secular nations in the world. Heck, Singapore and the Czech Republic are among the least religious nations on earth, while Brazil and the Philippines are among the most God-worshipping, yet the latter’s murder rates are over ten times higher than the former’s, and the crime rate of never-been-Christian, strongly secular Japan is 80 times lower than El Salvador’s, a Catholic nation neck-deep in worship of Barr’s “Supreme Transcendent Being.”

Similar correlations hold within our own country: on almost every measure of societal well-being — from poverty rates to STD rates to DUIs — the most secular states tend to fare the best, while the most religious tend to fare the worst. For example, among the states with the highest gun violence and murder rates, many are among the most religious — e.g., Louisiana, Alabama, Mississippi, Missouri, Oklahoma, West Virginia, and Arkansas — while among those with the lowest gun violence and murder rates, many are among the least religious states, such as New Hampshire, Vermont, Maine, New York, Washington, Massachusetts, and Minnesota.

Of course, such correlations don’t prove that secularism causes these more positive outcomes experienced by less religious societies. But they do knock the knees out of Barr’s thesis that secularism is a destructive force. For if secularism resulted in moral deterioration, then highly secular societies would be decaying bastions of crime and misery, while the strongly religious would be shining beacons of liberty and harmony. But we find just the opposite reality: the nations with the best overall quality of life are among the most secular countries in the world. And while numerous factors account for the differing degrees of societal well-being — factors that have nothing to do with religion or secularism — that’s exactly the point. Societies thrive or fail because of their social policies, laws, economic opportunities, civil institutions, and government regulations — not because of their faith in God, or lack thereof.

The info is here.

Wednesday, November 27, 2019

The Moral Injury of Pardoning War Crimes

The Editorial Board
The New York Times
Originally posted 22 Nov 19

Here is an excerpt:

That Mr. Trump would pardon men accused or convicted of war crimes should come as little surprise, given that he campaigned on promises to torture the nation’s enemies and kill their families. Mr. Trump in May became the first modern president to pardon a person convicted of war crimes, when he pardoned Michael Behenna, a former Army lieutenant, who had been convicted of killing a prisoner in Iraq.

The president may think he’s supporting men and women in uniform. “When our soldiers have to fight for our country, I want to give them the confidence to fight,” he said in a statement issued by the White House. “We train our boys to be killing machines, then prosecute them when they kill!” he said on Twitter last month.

Whatever the reason, absolving people who commit war crimes does great harm to society in general, and the men and women who served honorably — as far more than “killing machines” — in the wars since the Sept. 11 terrorist attacks in particular.

A nation has to know that military action being taken in its name follows morally defensible rules — that soldiers do not, for instance, kill unarmed civilians or prisoners.

To excuse men who have so flagrantly violated those rules — to treat them as heroes, even — is to cast the idea of just war to the winds. It puts the nation and veterans at risk of moral injury, the shattering of a moral compass.

One of the loudest groups pushing for Mr. Trump’s pardons was United American Patriots, a nonprofit organization that supports numerous soldiers accused of crimes, including Mr. Lorance, Mr. Behenna and Major Golsteyn. Last month, Chief Gallagher sued two of his former lawyers and United American Patriots, alleging that his lawyers tried to delay the case to increase fund-raising for the organization.

Supporters of the pardoned men say the military justice system comes down too hard and too often on honorable soldiers fighting through the fog of war. That wouldn’t explain why United American Patriots has made a cause célèbre of Robert Bales, who pleaded guilty to slaughtering 16 Afghan civilians in their homes during a one-man nighttime rampage in 2012.

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