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Weiye Loh

Do avatars have digital rights? - 20 views

hi weiye, i agree with you that this brings in the topic of representation. maybe you should try taking media and representation by Dr. Ingrid to discuss more on this. Going back to your questio...

avatars

started by Elaine Ong on 16 Sep 09 7 follow-ups, last by Weiye Loh on 18 Sep 09
Li-Ling Gan

Facebook awarded $873 million in spam case | Security - CNET News - 0 views

news.cnet.com/8301-1009_3-10106932-83.html

spam

shared by Li-Ling Gan on 19 Aug 09 - Cached
  • Li-Ling Gan on 19 Aug 09
     
    Description of case: The issue being put across in this case is Spamming. In summary, a Canadian man was accused of sending spam messages to its members through Facebook, using this to earn money for his company. Facebook then took action and sued them under the Can-Spam (Contolling the Assault of Non-Solicited Pornography and Marketing) Act, and was awarded $873 million in damages for winning this case. Ethical question: I think the most important question here is to what extent is it considered unethical to send messages to people who might not want such information. In the case of Facebook, should there be a line drawn between sending such 'spam' messages to people you do not know, and people who are already on your 'Friends' list or in the same online community? Ethical problem: I feel the problem of wastage surfaces with spamming. Resources are being used up to keep the internet working and these are in turn wasted when people receieve unwanted mail or messages that they end up deleting. Furthermore, there is a large amount of spam received that are also scams, this then touches on the problem of fraud and cheating other users for the sender's benefit.
Meenatchi

Online Defamation - 0 views

www.koreatimes.co.kr/...202_43363.html

online defamation ethical law responsibility

shared by Meenatchi on 18 Aug 09 - Cached
  • Meenatchi on 18 Aug 09
     
    Interesting Case In summary, the article discusses the court ruling of an online defamation case that took place in Korea. It involves Kim, the victim, who experienced the spread of false articles and defamatory comments that blamed him for his ex-girlfriend's suicide. The final verdict held Internet portals liable for the damages caused by the articles they displayed on their website. This is despite the articles having been provided by external media outlets. The Supreme Court ordered four of the major portals involved in the case to pay a combined 30 million ($22,500) as compensation to Kim. Ethical Question I feel there are a few ethical issues that are at play in this case. One would be if it is ethical to publish sensitive information about an individual without his/her permission on the Internet. This is of more importance when the credibility of the information is dubious. Another ethical question would be if Internet Service Providers can be held responsible for information they did not create. Is it fair to charge them on the basis that they have failed to regulate the content displayed on their sites? Problem The problem with the first ethical question is that it creates a question of individual privacy rights against the freedom of speech for another. Publishing sensitive information that might not even be true about an individual infringes his/her privacy rights. However, it is the right of the publisher to have the freedom of speech to state what he/she thinks. The issue with the second ethical question is that the Internet Service Providers merely provide a platform for people to express their views. They should not be held liable for comments posted by individuals using the website. However, the opposing view would expect the ISPs to be responsible for the content they allow to be displayed on their site. They have to regulate the content to ensure that sensitive or controversial information that would cause irrevocable damage to others
yongernn teo

Ethics and Values Case Study- Mercy Killing, Euthanasia - 8 views

www.brainmass.com/...86151

Euthanasia

shared by yongernn teo on 21 Oct 09 - Cached
  • yongernn teo on 21 Oct 09
     
    THE ETHICAL PROBLEM: Allowing someone to die, mercy death, and mercy killing, Euthanasia: A 24-year-old man named Robert who has a wife and child is paralyzed from the neck down in a motorcycle accident. He has always been very active and hates the idea of being paralyzed. He also is in a great deal of pain, an he has asked his doctors and other members of his family to "put him out of his misery." After several days of such pleading, his brother comes into Robert's hospital ward and asks him if he is sure he still wants to be put out of his misery. Robert says yes and pleads with his brother to kill him. The brother kisses and blesses Robert, then takes out a gun and shoots him, killing him instantly. The brother later is tried for murder and acquitted by reason of temporary insanity. Was what Robert's brother did moral? Do you think he should have been brought to trial at all? Do you think he should have been acquitted? Would you do the same for a loved one if you were asked? THE DISCUSSION: In my opinion, the most dubious part about the case would be the part on Robert pleading with his brother, asking his brother to kill him. This could be his brother's own account of the incident and could/could not have been a plea by Robert. 1) With assumption that Robert indeed pleaded with his brother to kill him, an ethical analysis as such could be derived: That Robert's brother was only respecting Robert's choice and killed him because he wanted to relieve him from his misery. This could be argued to be ethical using a teleoloigical framework where the focus is on the end-result and the consequences that entails the action. Here, although the act of killing per se may be wrong and illegal, Robert was able to relieved of his pain and suffering. 2) With an assumption that Robert did not plea with his brother to kill him and that it was his brother's own decision to relieve Robert of all-suffering: In this case, the b
  • ...2 more comments...
  • Elaine Ong on 22 Oct 09
     
    I find euthanasia to be a very interesting ethical dilemma. Even I myself am caught in the middle. Euthanasia has been termed as 'mercy killing' and even 'happy death'. Others may simply just term it as being 'evil'. Is it right to end someone's life even when he or she pleads you to do so? In the first place, is it even right to commit suicide? Once someone pulls off the main support that's keeping the person alive, such as the feeding tube, there is no turning back. Hmm..Come to think of it, technology is kind of unethical by being made available, for in the past, when someone is dying, they had the right to die naturally. Now, scientific technology is 'forcing' us to stay alive and cling on to a life that may be deemed being worthless if we were standing outside our bodies looking at our comatose selves. Then again, this may just be MY personal standpoint. But I have to argue, who gave technology the right to make me a worthless vegetable!(and here I am, attaching a value/judgement onto an immobile human being..) Hence, being incompetent in making decisions for my unconscious self (or perhaps even brain dead), who should take responsibility for my life, for my existence? And on what basis are they allowed to help me out? Taking the other side of the argument, against euthanasia, we can say that the act of ending someone else's life is the act of destroying societal respect for life. Based on the utilitarian perspective, we are not thinking of the overall beneficence for society and disregarding the moral considerations encompassed within the state's interest to preserve the sanctity of all life. It has been said that life in itself takes priority over all other values. We should let the person live so as to give him/her a chance to wake up or hope for recovery (think comatose patients). But then again we can also argue that life is not the top of the hierarchy! A life without rights is as if not living a life at all? By removing the patient
  • juliet huang on 28 Oct 09
     
    as a human being, you supposedly have a right to live, whether you are mobile or immobile. however, i think that, in the case of euthanasia, you 'give up' your rights when you "show" that you are no longer able to serve the pre-requisites of having the right. for example, if "living" rights are equate to you being able to talk, walk, etc etc, then, obviously the opposite means you no longer are able to perform up to the expectations of that right. then again, it is very subjective as to who gets to make that criteria!
  • Magdaleine on 02 Nov 09
     
    hmm interesting.. however, a question i have is who and when can this "right" be "given up"? when i am a victim in a car accident, and i lost the ability to breathe, walk and may need months to recover. i am unconscious and the doctor is unable to determine when am i gonna regain consciousness. when should my parents decide i can no longer be able to have any living rights? and taking elaine's point into consideration, is committing suicide even 'right'? if it is legally not right, when i ask someone to take my life and wrote a letter that it was cus i wanted to die, does that make it committing suicide only in the hands of others?
  • Low Yunying on 04 Nov 09
     
    Similarly, I question the 'rights' that you have to 'give up' when you no longer 'serve the pre-requisites of having the right'. If the living rights means being able to talk and walk, then where does it leave infants? Where does it leave people who may be handicapped? Have their lost their rights to living?
Weiye Loh

Research integrity: Sabotage! : Nature News - 0 views

www.nature.com/...467516a.html

Science Politics Academic Research

shared by Weiye Loh on 02 Oct 10 - No Cached
  • University of Michigan in Ann Arbor
  • Vipul Bhrigu, a former postdoc at the university's Comprehensive Cancer Center, wears a dark-blue three-buttoned suit and a pinched expression as he cups his pregnant wife's hand in both of his. When Pollard Hines calls Bhrigu's case to order, she has stern words for him: "I was inclined to send you to jail when I came out here this morning."
  • Bhrigu, over the course of several months at Michigan, had meticulously and systematically sabotaged the work of Heather Ames, a graduate student in his lab, by tampering with her experiments and poisoning her cell-culture media. Captured on hidden camera, Bhrigu confessed to university police in April and pleaded guilty to malicious destruction of personal property, a misdemeanour that apparently usually involves cars: in the spaces for make and model on the police report, the arresting officer wrote "lab research" and "cells". Bhrigu has said on multiple occasions that he was compelled by "internal pressure" and had hoped to slow down Ames's work. Speaking earlier this month, he was contrite. "It was a complete lack of moral judgement on my part," he said.
  • ...16 more annotations...
  • Bhrigu's actions are surprising, but probably not unique. There are few firm numbers showing the prevalence of research sabotage, but conversations with graduate students, postdocs and research-misconduct experts suggest that such misdeeds occur elsewhere, and that most go unreported or unpoliced. In this case, the episode set back research, wasted potentially tens of thousands of dollars and terrorized a young student. More broadly, acts such as Bhrigu's — along with more subtle actions to hold back or derail colleagues' work — have a toxic effect on science and scientists. They are an affront to the implicit trust between scientists that is necessary for research endeavours to exist and thrive.
  • Despite all this, there is little to prevent perpetrators re-entering science.
  • federal bodies that provide research funding have limited ability and inclination to take action in sabotage cases because they aren't interpreted as fitting the federal definition of research misconduct, which is limited to plagiarism, fabrication and falsification of research data.
  • In Bhrigu's case, administrators at the University of Michigan worked with police to investigate, thanks in part to the persistence of Ames and her supervisor, Theo Ross. "The question is, how many universities have such procedures in place that scientists can go and get that kind of support?" says Christine Boesz, former inspector-general for the US National Science Foundation in Arlington, Virginia, and now a consultant on scientific accountability. "Most universities I was familiar with would not necessarily be so responsive."
  • Some labs are known to be hyper-competitive, with principal investigators pitting postdocs against each other. But Ross's lab is a small, collegial place. At the time that Ames was noticing problems, it housed just one other graduate student, a few undergraduates doing projects, and the lab manager, Katherine Oravecz-Wilson, a nine-year veteran of the lab whom Ross calls her "eyes and ears". And then there was Bhrigu, an amiable postdoc who had joined the lab in April 2009.
  • Some people whom Ross consulted with tried to convince her that Ames was hitting a rough patch in her work and looking for someone else to blame. But Ames was persistent, so Ross took the matter to the university's office of regulatory affairs, which advises on a wide variety of rules and regulations pertaining to research and clinical care. Ray Hutchinson, associate dean of the office, and Patricia Ward, its director, had never dealt with anything like it before. After several meetings and two more instances of alcohol in the media, Ward contacted the department of public safety — the university's police force — on 9 March. They immediately launched an investigation — into Ames herself. She endured two interrogations and a lie-detector test before investigators decided to look elsewhere.
  • At 4:00 a.m. on Sunday 18 April, officers installed two cameras in the lab: one in the cold room where Ames's blots had been contaminated, and one above the refrigerator where she stored her media. Ames came in that day and worked until 5:00 p.m. On Monday morning at around 10:15, she found that her medium had been spiked again. When Ross reviewed the tapes of the intervening hours with Richard Zavala, the officer assigned to the case, she says that her heart sank. Bhrigu entered the lab at 9:00 a.m. on Monday and pulled out the culture media that he would use for the day. He then returned to the fridge with a spray bottle of ethanol, usually used to sterilize lab benches. With his back to the camera, he rummaged through the fridge for 46 seconds. Ross couldn't be sure what he was doing, but it didn't look good. Zavala escorted Bhrigu to the campus police department for questioning. When he told Bhrigu about the cameras in the lab, the postdoc asked for a drink of water and then confessed. He said that he had been sabotaging Ames's work since February. (He denies involvement in the December and January incidents.)
  • Misbehaviour in science is nothing new — but its frequency is difficult to measure. Daniele Fanelli at the University of Edinburgh, UK, who studies research misconduct, says that overtly malicious offences such as Bhrigu's are probably infrequent, but other forms of indecency and sabotage are likely to be more common. "A lot more would be the kind of thing you couldn't capture on camera," he says. Vindictive peer review, dishonest reference letters and withholding key aspects of protocols from colleagues or competitors can do just as much to derail a career or a research project as vandalizing experiments. These are just a few of the questionable practices that seem quite widespread in science, but are not technically considered misconduct. In a meta-analysis of misconduct surveys, published last year (D. Fanelli PLoS ONE 4, e5738; 2009), Fanelli found that up to one-third of scientists admit to offences that fall into this grey area, and up to 70% say that they have observed them.
  • Some say that the structure of the scientific enterprise is to blame. The big rewards — tenured positions, grants, papers in stellar journals — are won through competition. To get ahead, researchers need only be better than those they are competing with. That ethos, says Brian Martinson, a sociologist at HealthPartners Research Foundation in Minneapolis, Minnesota, can lead to sabotage. He and others have suggested that universities and funders need to acknowledge the pressures in the research system and try to ease them by means of education and rehabilitation, rather than simply punishing perpetrators after the fact.
  • Bhrigu says that he felt pressure in moving from the small college at Toledo to the much bigger one in Michigan. He says that some criticisms he received from Ross about his incomplete training and his work habits frustrated him, but he doesn't blame his actions on that. "In any kind of workplace there is bound to be some pressure," he says. "I just got jealous of others moving ahead and I wanted to slow them down."
  • At Washtenaw County Courthouse in July, having reviewed the case files, Pollard Hines delivered Bhrigu's sentence. She ordered him to pay around US$8,800 for reagents and experimental materials, plus $600 in court fees and fines — and to serve six months' probation, perform 40 hours of community service and undergo a psychiatric evaluation.
  • But the threat of a worse sentence hung over Bhrigu's head. At the request of the prosecutor, Ross had prepared a more detailed list of damages, including Bhrigu's entire salary, half of Ames's, six months' salary for a technician to help Ames get back up to speed, and a quarter of the lab's reagents. The court arrived at a possible figure of $72,000, with the final amount to be decided upon at a restitution hearing in September.
  • Ross, though, is happy that the ordeal is largely over. For the month-and-a-half of the investigation, she became reluctant to take on new students or to hire personnel. She says she considered packing up her research programme. She even questioned her own sanity, worrying that she was the one sabotaging Ames's work via "an alternate personality". Ross now wonders if she was too trusting, and urges other lab heads to "realize that the whole spectrum of humanity is in your lab. So, when someone complains to you, take it seriously."
  • She also urges others to speak up when wrongdoing is discovered. After Bhrigu pleaded guilty in June, Ross called Trempe at the University of Toledo. He was shocked, of course, and for more than one reason. His department at Toledo had actually re-hired Bhrigu. Bhrigu says that he lied about the reason he left Michigan, blaming it on disagreements with Ross. Toledo let Bhrigu go in July, not long after Ross's call.
  • Now that Bhrigu is in India, there is little to prevent him from getting back into science. And even if he were in the United States, there wouldn't be much to stop him. The National Institutes of Health in Bethesda, Maryland, through its Office of Research Integrity, will sometimes bar an individual from receiving federal research funds for a time if they are found guilty of misconduct. But Bhigru probably won't face that prospect because his actions don't fit the federal definition of misconduct, a situation Ross finds strange. "All scientists will tell you that it's scientific misconduct because it's tampering with data," she says.
  • Ames says that the experience shook her trust in her chosen profession. "I did have doubts about continuing with science. It hurt my idea of science as a community that works together, builds upon each other's work and collaborates."
  • Weiye Loh on 02 Oct 10
     
    Research integrity: Sabotage! Postdoc Vipul Bhrigu destroyed the experiments of a colleague in order to get ahead.
Weiye Loh

Card fraud: Banks not doing enough - 0 views

business.asiaone.com/...A1Story20090812-160631.html

Identity Credit Card Cashless technologies Responsibilities fraud

shared by Weiye Loh on 17 Aug 09 - Cached
  • Customers cannot be faulted for negligence by merchants to verify signatures on credit cards
  • Customers cannot be faulted for negligence by merchants to verify signatures on credit cards, or for the banks' failure to implement an effective foolproof secondary security mechanism to protect cardholders.
  • Weiye Loh on 17 Aug 09
     
    Contrast this case in Singapore to other countries like the United States or Malaysia that limits the liability of the consumers of such cases to a specific amount - which policy is better? On another note, I have always been intrigued by the fact that organizations, while being infinitely more powerful, are regarded as individuals with individual rights legally. What does this have to say about the identity of organizations?
  • Weiye Loh on 17 Aug 09
     
    The issue of responsibility was heavily debated and the parties identified are 1. the credit card owners, 2. the banks, 3. the retailers. 4. government bodies e.g. MAS, CASE on their regulations and policies. Which party do you all think should shoulder the moral obligations of owning the technology of cashless payment? How then should this translate to the laws and enforcement?
  • Weiye Loh on 17 Aug 09
     
    The case came to light when a certain Mdm Tan Shock Ling's credit cards got stolen. Within an hour, the fraudsters used her credit cards to chock up bills amounting to $17k. She was only notified of the purchases when a bank called her to confirm if she has just purchased a rolex watch using one of her credit card. The banks requested her to pay back the bills because they will only cover payments made after she has reported the lost of her credit cards. There were a few articles regarding the issue, with Newpaper sending their reporters (Chinese women) out shopping with an Indian man's credit card. Their investigative journalism showed that retailers are generally lax in their verification of the purchaser's identity vis-a-vis the name and signature.
joanne ye

TJC Stomp Scandal - 34 views

This is a very interesting topic. Thanks, Weiman! From the replies for this topic, I would say two general questions surfaced. Firstly, is STOMP liable for misinformation? Secondly, is it right for...

started by Weiman Kow on 19 Aug 09 3 follow-ups, last by joanne ye on 26 Aug 09
Weiye Loh

In the Dock, in Paris « EJIL: Talk! - 0 views

www.ejiltalk.org/in-the-dock-in-paris

Academic Freedom Academic Journal Defamation Online

shared by Weiye Loh on 30 Jan 11 - No Cached
  • My entire professional life has been in the law, but nothing had prepared me for this. I have been a tenured faculty member  at the finest institutions, most recently Harvard and NYU.  I have held visiting appointments from Florence to Singapore, from Melbourne to Jerusalem. I have acted as legal counsel to governments on four continents, handled cases before the highest jurisdictions and arbitrated the most complex disputes among economic ‘super powers.’
  • Last week, for the first  time I found myself  in the dock, as a criminal defendant. The French Republic v Weiler on a charge of Criminal Defamation.
  • As Editor-in-Chief of the European Journal of International Law and its associated Book Reviewing website, I commissioned and then published a review of a book on the International Criminal Court. It was not a particularly favorable review. You may see all details here.  The author of the book, claiming defamation, demanded I remove it. I examined carefully the claim and concluded that the accusation was fanciful. Unflattering? Yes. Defamatory, by no stretch of imagination. It was my ‘Voltairian’ moment. I refused the request. I did offer to publish a reply by the author. This offer was declined.
  • ...6 more annotations...
  • Three months later I was summoned to appear before an Examining Magistrate in Paris based on a complaint of criminal defamation lodged by the author. Why Paris you might ask? Indeed. The author of the book was an Israeli academic. The book was in English. The publisher was Dutch. The reviewer was a distinguished German professor. The review was published on a New York website.
  • Beyond doubt, once a text or image go online, they become available worldwide, including France. But should that alone give jurisdiction to French courts in circumstances such as this? Does the fact that the author of the book, it turned out, retained her French nationality before going to live and work in Israel make a difference? Libel tourism – libel terrorism to some — is typically associated with London, where notorious high legal fees and punitive damages coerce many to throw in the towel even before going to trial. Paris, as we would expect, is more egalitarian and less materialist. It is very plaintiff friendly.
  • In France an attack on one’s honor is taken as seriously as a bodily attack. Substantively, if someone is defamed, the bad faith of the defamer is presumed just as in our system, if someone slaps you in the face, it will be assumed that he intended to do so. Procedurally it is open to anyone who feels defamed, to avoid the costly civil route, and simply lodge a criminal complaint.  At this point the machinery of the State swings into action. For the defendant it is not without cost, I discovered. Even if I win I will not recover my considerable legal expenses and conviction results in a fine the size of which may depend on one’s income (the egalitarian reflex at its best). But money is not the principal currency here. It is honor and shame. If I lose, I will stand convicted of a crime, branded a criminal. The complainant will not enjoy a windfall as in London, but considerable moral satisfaction. The chilling effect on book reviewing well beyond France will be considerable.
  • The case was otiose for two reasons: It was in our view an egregious instance of ‘forum shopping,’ legalese for libel tourism. We wanted it thrown out. But if successful, the Court would never get to the merits –  and it was important to challenge this hugely dangerous attack on academic freedom and liberty of expression. Reversing custom, we specifically asked the Court not to examine our jurisdictional challenge as a preliminary matter but to join it to the case on the merits so that it would have the possibility to pronounce on both issues.
  • The trial was impeccable by any standard with which I am familiar. The Court, comprised three judges specialized in defamation and the Public Prosecutor. Being a criminal case within the Inquisitorial System, the case began by my interrogation by the President of the Court. I was essentially asked to explain the reasons for refusing to remove the article. The President was patient with my French – fluent but bad!  I was then interrogated by the other judges, the Public Prosecutor and the lawyers for the complainant. The complainant was then subjected to the same procedure after which the lawyers made their (passionate) legal arguments. The Public Prosecutor then expressed her Opinion to the Court. I was allowed the last word. It was a strange mélange of the criminal and civil virtually unknown in the Common Law world. The procedure was less formal, aimed at establishing the truth, and far less hemmed down by rules of evidence and procedure. Due process was definitely served. It was a fair trial.
  • we steadfastly refused to engage the complainants challenges to the veracity of the critical statements made by the reviewer. The thrust of our argument was that absent bad faith and malice, so long as the review in question addressed the book and did not make false statement about the author such as plagiarism, it should be shielded from libel claims, let alone criminal libel. Sorting out of the truth should be left to academic discourse, even if academic discourse has its own biases and imperfections.
Weiye Loh

Internet 'Right to be Forgotten' debate hits Spain - 0 views

www.straitstimes.com/...STIStory_659060.html

Search History Online

shared by Weiye Loh on 22 Apr 11 - No Cached
  • Scores of Spaniards lay claim to a 'Right to be Forgotten' because public information once hard to get is now so easy to find on the Internet. Google has decided to challenge the orders and has appealed five cases so far this year to the National Court. Some of the information is embarrassing, some seems downright banal. A few cases involve lawsuits that found life online through news reports, but whose dismissals were ignored by media and never appeared on the Internet. Others concern administrative decisions published in official regional gazettes. In all cases, the plaintiffs petitioned the agency individually to get information about them taken down. And while Spain is backing the individuals suing to get links taken down, experts say a victory for the plaintiffs could create a troubling precedent by restricting access to public information.
  • In a case that Google Inc and privacy experts call a first of its kind, Spain's Data Protection Agency has ordered the search engine giant to remove links to material on about 90 people. The information was published years or even decades ago but is available to anyone via simple searches.
Weiye Loh

Too Much Information - Gareth Evans - Project Syndicate - 0 views

www.project-syndicate.org/...English

Wikileaks Government Law

shared by Weiye Loh on 28 Jun 11 - No Cached
  • But some lines do have to be drawn if good government is to be possible, just as a zone of privacy in our personal and family lives is crucial to sustaining the relationships that matter most to us.
  • Some of WikiLeaks’ releases of sensitive material have been perfectly defensible on classic freedom-of-information grounds, exposing abuses that might otherwise have remained concealed. The helicopter gunship killings in Iraq, the corruption of former Tunisian President Zine el-Abidine Ben Ali’s family, and the paucity of progress in Afghanistan are, by this standard, fair game. None of this makes Julian Assange a Daniel Ellsberg (who 40 years ago leaked the Pentagon Papers, exposing US-government thinking on Vietnam). Nor does it put him in the same league with Anna Politkovskaya, the crusading journalist who was murdered after refusing to stop investigating Russian human rights abuses. His stated motives seem too anarchic for that. Sometimes, however, whistles do need to be blown.
  • But some leaks are indefensible, and at least the sources must expect some punitive reckoning. This category includes leaks that put intelligence sources or other individuals at physical risk (as did some of WikiLeaks’ early releases on Afghanistan and Zimbabwe). It also includes leaks that genuinely prejudice intelligence methods and military operational effectiveness; expose exploratory positions in peace negotiations (invariably helping only spoilers); or disclose bottom lines in trade talks. What is clear in all of these cases is that the stakes are so high that it simply cannot be left to the judgment of WikiLeaks and media outlets to make the necessary calls without consulting relevant officials. Sensibly, US officials facilitated such consultations, on a “without prejudice” basis, in some of the early WikiLeaks cases.
  • ...2 more annotations...
  • The trickiest cases are in a third category: private conversations whose disclosure is bound to cause offense, embarrassment, or tension, but has no obvious redeeming public-policy justification. The problem is not that negative things are said behind closed doors – as one leader famously responded to an apologizing Hillary Clinton, “You should hear what we say about you” – but that they become public knowledge. Particularly in Asia, loss of face means much more than most Westerners will ever understand.
  • these kinds of leaks should not be naively applauded as somehow contributing to better government. They don’t, and won’t, because they will strongly influence at least what is written down and circulated, thereby inhibiting the free exchange of information within government. Leaks of this kind will reinforce the bureaucratic barriers that must be removed if policymaking and implementation are to be effective in all areas that require input, coordination, and common information and analysis across departments and agencies.
  • Weiye Loh on 28 Jun 11
     
    In government, any leak is, by definition, embarrassing to someone, somewhere in the system. Most leaks are likely to involve some breach of law by the original source, if not by the publisher. But that doesn't mean that all leaks should be condemned. One of the hardest lessons for senior government officials to learn -­ including for me, when I was Australian Attorney General and Foreign Minister - is the futility, in all but a tiny minority of cases, of trying to prosecute and punish those responsible for leaks. It doesn't undo the original damage, and usually compounds it with further publicity. The media are never more enthusiastic about free speech than when they see it reddening the faces, with rage or humiliation, of those in power. Prosecution usually boosts leakers' stature, making it useless as a deterrent.
Weiye Loh

journalism.sg » Racial and religious offence: Why censorship doesn't cut it - 1 views

journalism.sg/...sorship-doesn%E2%80%99t-cut-it

Community Regulation New Media Hate Speech Censorship Race Religion

shared by Weiye Loh on 11 Mar 12 - No Cached
  • All societies use a mix of approaches to address offensive speech. In international law, like at the European court of human rights and more and more jurisdictions, there is growing feeling that the law should really be a last resort and only used for the most extreme speech – speech that incites violence in a very direct way, or that is part of a campaign that violates the rights of minorities to live free of discrimination. In contrast, simply insulting and offending others, even if feelings are very hurt, is not seen as something that should invite a legal response. Using the law to protect feelings is too great an encroachment on freedom of speech.
  • Our laws are written very broadly, such that any sort of offence, even if it does not threaten imminent violence, is seen as deserving of strict regulation. This probably reflects a very strong social consensus that race and religion should be handled delicately. So we tend to rely on strong government. The state protects racial and religious sensibilities from offence, using censorship when there’s a danger of words and actions causing hurt.
  • in almost all cases, state action was instigated by complaints from members of the public. This is quite unlike political censorship, where action is initiated by the government, often with great resistance and opposition from netizens. In a string of cases involving racial and religious offence, however, it’s the netizens who tend to demand action, sometimes acting like a lynch mob.
  • ...5 more annotations...
  • in many cases, the offensive messages were spread further by those reporting the offence.
  • What is the justification for strong police action against any form of speech? Why do we sometimes feel that it may not be enough to counter bad speech with good speech in free and open debate, and that we must instead use the law to stop the bad speech? Surely, it must be because we think the bad speech is so dangerous that it can cause immediate harm; or because we don’t trust the public to respond rationally, so we don’t know if good speech would indeed triumph in open debate. Usually, if we call in the authorities, it must be because we have a mental picture of offensive speech being like lighting a match in a combustible atmosphere. It is dangerous and there’s no time to debate the merits of that match – we just have to put it out. The irony of most of the cases that we have seen in the past few years is that the people demanding government action, as if the offensive words were explosive, were also those who helped to spread them. It is like helping to spread a fire while calling for the fire brigade.
  • their act of spreading the offensive content must mean that they did not actually believe that the expression was really that dangerous in the sense of prompting violence through reprisal attacks or riots. In reposting the offensive words or pictures, they showed that they actually trusted the public enough to respond sympathetically – they had faith that enough people would add their voices to the outrage that they themselves felt when they saw the offensive images or videos or words.
  • This then raises the question, why the need to involve the police at all? If Singaporeans are grown-up enough to defend their society against offensive speech, why have calls for prosecution and censorship become the automatic response? I wonder if this is an example of the well-known habit of unthinkingly relying on government to solve all our problems even when, with a little bit of effort in the form of grassroots action can do the job.
  • The next time people encounter racist or religiously offensive speech, it would be nice to see swift responses from credible and respected civil society groups, Members of Parliament, and other ordinary citizens. If the speaker doesn’t get the message, organise boycotts, for example, and give him or her the clear message that our society isn’t going to take such offence lying down. The more we can respond ourselves through open debate and grassroots action, without the need to ask law and order to step in, the stronger our society will be.
  • Weiye Loh on 11 Mar 12
     
    No matter how hard we work at developing media literacy, we should not expect to be rid of all racially offensive speech online. There are two broad ways to respond to these breaches. We can reach out horizontally and together with our fellow citizens repair the damage by persuading others to reject harmful ideas. Or, we can reach up vertically to government, getting the authorities to act against irresponsible speech by using the law. The advantage of the latter is that it seems more efficient, punishing those who cross the line of acceptability and violate social norms, and deterring others from doing the same. The horizontal approach works through persuasion rather than the law, so it is slower and not foolproof.
Jody Poh

BBC NEWS | Technology | Defamation lawsuit for US tweeter - 0 views

news.bbc.co.uk/...8173731.stm

misinformation defamation ethical law freedom

shared by Jody Poh on 18 Aug 09 - Cached
  • Jody Poh on 18 Aug 09
     
    This news story is about Horizon realty suing a woman called Amanda Bonnen for defamation on Twitter. Amanda Bonnen has micro blogged her feelings towards her apartment on Twitter. She was unhappy with the mould she found in her apartment. This has stirred a response from Horizon realty as it sees the comment she made as false. Also as Twitter is such a widespread network, the company sees that it has to protect its reputation online. Thus, they have decided to sue Amanda Bonnen. Ms Bonnen has already recently moved out of the apartment and has been unavailable to comment on the lawsuit. Her Twitter account has also been deleted. Ethical question: I think many consider posting complaints and comments on Twitter similar to complaining to or having a conversation with friends over coffee. If this is the case, is it ethical or 'right' to be allowed to sue people like Amanda Bonnen? Ethical problem: This case brings up the point of the freedom of speech in public and private spaces. What are the boundaries and definitions of public and private space with the rise of new technologies such as Twitter? On what space (public or private) is Twitter then operating on and how much freedom of speech is allowed?
Reseena Abdullah

Hacker used Twitter to control infected PCs - 0 views

www.washingtonpost.com/...AR2009081402328.html

shared by Reseena Abdullah on 18 Aug 09 - Cached
  • Reseena Abdullah on 18 Aug 09
     
    To summarize the article, it basically talks about a hacker who used his Twitter account to send out messages that were in turn used to direct the infected PCs to malicious websites. Ethical Question: I think it is actually quite important to look at the intention behind using technology in this way. In this case, the hacker took advantage of his Twitter account to engage in criminal activities. But what if this for of hacking was used to perhaps take down an online criminal ring? Would it still be considered 'right' or 'ethical' to hack into other people's computers in that case? Ethical Problem: I think the main problem would be accountability. To what extent should Twitter be held responsible?
Paul Melissa

Hey, did you hear about S'pore 'Gossip Girl' sites? - JULY 24, 2009 - 0 views

www.tnp.sg/...0,4139,208548,00.html

blog defamation online rumors

shared by Paul Melissa on 18 Aug 09 - Cached
Meenatchi liked it
  • Paul Melissa on 18 Aug 09
     
    This case occurred recently this year. Following a popular TV series 'Gossip Girl', a group of senior students from Ngee Ann Polytechnic targeted Year One students from the School of Film and Media Studies (FMS). Blogs were created to defame the students by sparking off online rumors about them. The blog postings affected friendships as students became very suspicious of each other and started pointing fingers. The image of FMS was also affected especially when read by people outside the school. Though the blogs have been shut down, they have generated over 18000 hits. It is still uncertain who set up the blogs. Ethical Question: With regards to freedom of speech, is there an imaginary ethical line in cyberspace which when over-stepped, must lead to punishment? Who decides when or how this line is being over-stepped? What and how severed should the consequences be? This is because the culprits we practicing free speech but there was a price their victims had to pay. In this case, according to teleological theories, there is neither utilitarianism nor ethical altruism.
Weiye Loh

Balderdash - 0 views

gssq.blogspot.com/...r-way-to-instant-fame-her.html

asthetic beauty truths lies rights wrongs

shared by Weiye Loh on 14 Aug 09 - Cached
  • Addendum: People have notified me that after almost 2 1/2 years, many of the pictures are now missing. I have created galleries with the pictures and hosted them on my homepage:
  • I have no problem at all with people who have plastic surgery. Unlike those who believe that while it is great if you are born pretty, having a surgically constructed or enhanced face is a big no-no (ie A version of the Naturalistic fallacy), I have no problems with people getting tummy tucks, chin lifts, boob jobs or any other form of physical sculpting or enhancement. After all, she seems to have gotten quite a reception on Hottest Blogger.
  • Denying that you have gone under the knife and feigning, with a note of irritation, tired resignation about the accusations, however, is a very different matter. Considering that many sources know the truth about her plastic surgery, this is a most perilous assertion to make and I was riled enough to come up with this blog post. [Addendum: She also goes around online squashing accusations and allegations of surgery.]
  • Weiye Loh on 14 Aug 09
     
    Two wrongs and two rights.
  • Weiye Loh on 15 Aug 09
     
    Not exactly the most recent case, but still worth revisiting the ethical concerns behind it. It is easy to find more than one ethical question and problem in this case and it involves more than one technology. The dichotomies of lies versus truths, nature versus man-made, wrongs versus rights, beautiful versus ugly,and so on... So who is right and who is wrong in this case? Whose and what rights are invoked and/or violated? Can a right be wrong? Can a wrong be right? Do two wrongs make one right? What parts do the technologies play in this case?
  • Weiye Loh on 15 Aug 09
     
    On a side note, given the internet's capability to dig up past issues and rehash them, is it ethical for us to open up old wounds in the name of academic freedom? Beyond research, with IRB and such, what about daily academic discourses and processes? What are the ethical concerns?
Inosha Wickrama

ethical porn? - 50 views

I've seen that video recently. Anyway, some points i need to make. 1. different countries have different ages of consent. Does that mean children mature faster in some countries and not in other...

pornography

started by lee weiting on 30 Aug 09 9 follow-ups, last by Inosha Wickrama on 04 Sep 09
Li-Ling Gan

Google Loses German Copyright Cases Over Image-Search Previews - 4 views

http://www.bloomberg.com/apps/news?pid=20601204&sid=a_C1wVkCvPww Summary This case revolves around Google being sued for copyright infringement over displaying photos and artworks as thumbnails w...

copyright

started by Li-Ling Gan on 25 Aug 09 no follow-up yet
Weiye Loh

How wise are crowds? - 0 views

web.mit.edu/...crowd-wisdom-1115.html

Network Social Network Sites Crowd-Sourcing Sampling Representation

shared by Weiye Loh on 26 Nov 10 - No Cached
  • n the past, economists trying to model the propagation of information through a population would allow any given member of the population to observe the decisions of all the other members, or of a random sampling of them. That made the models easier to deal with mathematically, but it also made them less representative of the real world.
    • Weiye Loh
      Weiye Loh on 26 Nov 10
       
      Random sampling is not representative
  • this paper does is add the important component that this process is typically happening in a social network where you can’t observe what everyone has done, nor can you randomly sample the population to find out what a random sample has done, but rather you see what your particular friends in the network have done,” says Jon Kleinberg, Tisch University Professor in the Cornell University Department of Computer Science, who was not involved in the research. “That introduces a much more complex structure to the problem, but arguably one that’s representative of what typically happens in real settings.”
    • Weiye Loh
      Weiye Loh on 26 Nov 10
       
      So random sampling is actually more accurate?
  • Earlier models, Kleinberg explains, indicated the danger of what economists call information cascades. “If you have a few crucial ingredients — namely, that people are making decisions in order, that they can observe the past actions of other people but they can’t know what those people actually knew — then you have the potential for information cascades to occur, in which large groups of people abandon whatever private information they have and actually, for perfectly rational reasons, follow the crowd,”
  • ...8 more annotations...
  • The MIT researchers’ paper, however, suggests that the danger of information cascades may not be as dire as it previously seemed.
  • a mathematical model that describes attempts by members of a social network to make binary decisions — such as which of two brands of cell phone to buy — on the basis of decisions made by their neighbors. The model assumes that for all members of the population, there is a single right decision: one of the cell phones is intrinsically better than the other. But some members of the network have bad information about which is which.
  • The MIT researchers analyzed the propagation of information under two different conditions. In one case, there’s a cap on how much any one person can know about the state of the world: even if one cell phone is intrinsically better than the other, no one can determine that with 100 percent certainty. In the other case, there’s no such cap. There’s debate among economists and information theorists about which of these two conditions better reflects reality, and Kleinberg suggests that the answer may vary depending on the type of information propagating through the network. But previous models had suggested that, if there is a cap, information cascades are almost inevitable.
  • if there’s no cap on certainty, an expanding social network will eventually converge on an accurate representation of the state of the world; that wasn’t a big surprise. But they also showed that in many common types of networks, even if there is a cap on certainty, convergence will still occur.
  • people in the past have looked at it using more myopic models,” says Acemoglu. “They would be averaging type of models: so my opinion is an average of the opinions of my neighbors’.” In such a model, Acemoglu says, the views of people who are “oversampled” — who are connected with a large enough number of other people — will end up distorting the conclusions of the group as a whole.
  • What we’re doing is looking at it in a much more game-theoretic manner, where individuals are realizing where the information comes from. So there will be some correction factor,” Acemoglu says. “If I’m seeing you, your action, and I’m seeing Munzer’s action, and I also know that there is some probability that you might have observed Munzer, then I discount his opinion appropriately, because I know that I don’t want to overweight it. And that’s the reason why, even though you have these influential agents — it might be that Munzer is everywhere, and everybody observes him — that still doesn’t create a herd on his opinion.”
  • the new paper leaves a few salient questions unanswered, such as how quickly the network will converge on the correct answer, and what happens when the model of agents’ knowledge becomes more complex.
  • the MIT researchers begin to address both questions. One paper examines rate of convergence, although Dahleh and Acemoglu note that that its results are “somewhat weaker” than those about the conditions for convergence. Another paper examines cases in which different agents make different decisions given the same information: some people might prefer one type of cell phone, others another. In such cases, “if you know the percentage of people that are of one type, it’s enough — at least in certain networks — to guarantee learning,” Dahleh says. “I don’t need to know, for every individual, whether they’re for it or against it; I just need to know that one-third of the people are for it, and two-thirds are against it.” For instance, he says, if you notice that a Chinese restaurant in your neighborhood is always half-empty, and a nearby Indian restaurant is always crowded, then information about what percentages of people prefer Chinese or Indian food will tell you which restaurant, if either, is of above-average or below-average quality.
  • Weiye Loh on 26 Nov 10
     
    By melding economics and engineering, researchers show that as social networks get larger, they usually get better at sorting fact from fiction.
Weiye Loh

Skepticblog » A Creationist Challenge - 0 views

skepticblog.org/...a-creationist-challenge

Creationism Evolution Logic

shared by Weiye Loh on 01 Mar 11 - No Cached
  • The commenter starts with some ad hominems, asserting that my post is biased and emotional. They provide no evidence or argument to support this assertion. And of course they don’t even attempt to counter any of the arguments I laid out. They then follow up with an argument from authority – he can link to a PhD creationist – so there.
  • The article that the commenter links to is by Henry M. Morris, founder for the Institute for Creation Research (ICR) – a young-earth creationist organization. Morris was (he died in 2006 following a stroke) a PhD – in civil engineering. This point is irrelevant to his actual arguments. I bring it up only to put the commenter’s argument from authority into perspective. No disrespect to engineers – but they are not biologists. They have no expertise relevant to the question of evolution – no more than my MD. So let’s stick to the arguments themselves.
  • The article by Morris is an overview of so-called Creation Science, of which Morris was a major architect. The arguments he presents are all old creationist canards, long deconstructed by scientists. In fact I address many of them in my original refutation. Creationists generally are not very original – they recycle old arguments endlessly, regardless of how many times they have been destroyed.
  • ...26 more annotations...
  • Morris also makes heavy use of the “taking a quote out of context” strategy favored by creationists. His quotes are often from secondary sources and are incomplete.
  • A more scholarly (i.e. intellectually honest) approach would be to cite actual evidence to support a point. If you are going to cite an authority, then make sure the quote is relevant, in context, and complete.
  • And even better, cite a number of sources to show that the opinion is representative. Rather we get single, partial, and often outdated quotes without context.
  • (nature is not, it turns out, cleanly divided into “kinds”, which have no operational definition). He also repeats this canard: Such variation is often called microevolution, and these minor horizontal (or downward) changes occur fairly often, but such changes are not true “vertical” evolution. This is the microevolution/macroevolution false dichotomy. It is only “often called” this by creationists – not by actual evolutionary scientists. There is no theoretical or empirical division between macro and micro evolution. There is just evolution, which can result in the full spectrum of change from minor tweaks to major changes.
  • Morris wonders why there are no “dats” – dog-cat transitional species. He misses the hierarchical nature of evolution. As evolution proceeds, and creatures develop a greater and greater evolutionary history behind them, they increasingly are committed to their body plan. This results in a nestled hierarchy of groups – which is reflected in taxonomy (the naming scheme of living things).
  • once our distant ancestors developed the basic body plan of chordates, they were committed to that body plan. Subsequent evolution resulted in variations on that plan, each of which then developed further variations, etc. But evolution cannot go backward, undo evolutionary changes and then proceed down a different path. Once an evolutionary line has developed into a dog, evolution can produce variations on the dog, but it cannot go backwards and produce a cat.
  • Stephen J. Gould described this distinction as the difference between disparity and diversity. Disparity (the degree of morphological difference) actually decreases over evolutionary time, as lineages go extinct and the surviving lineages are committed to fewer and fewer basic body plans. Meanwhile, diversity (the number of variations on a body plan) within groups tends to increase over time.
  • the kind of evolutionary changes that were happening in the past, when species were relatively undifferentiated (compared to contemporary species) is indeed not happening today. Modern multi-cellular life has 600 million years of evolutionary history constraining their future evolution – which was not true of species at the base of the evolutionary tree. But modern species are indeed still evolving.
  • Here is a list of research documenting observed instances of speciation. The list is from 1995, and there are more recent examples to add to the list. Here are some more. And here is a good list with references of more recent cases.
  • Next Morris tries to convince the reader that there is no evidence for evolution in the past, focusing on the fossil record. He repeats the false claim (again, which I already dealt with) that there are no transitional fossils: Even those who believe in rapid evolution recognize that a considerable number of generations would be required for one distinct “kind” to evolve into another more complex kind. There ought, therefore, to be a considerable number of true transitional structures preserved in the fossils — after all, there are billions of non-transitional structures there! But (with the exception of a few very doubtful creatures such as the controversial feathered dinosaurs and the alleged walking whales), they are not there.
  • I deal with this question at length here, pointing out that there are numerous transitional fossils for the evolution of terrestrial vertebrates, mammals, whales, birds, turtles, and yes – humans from ape ancestors. There are many more examples, these are just some of my favorites.
  • Much of what follows (as you can see it takes far more space to correct the lies and distortions of Morris than it did to create them) is classic denialism – misinterpreting the state of the science, and confusing lack of information about the details of evolution with lack of confidence in the fact of evolution. Here are some examples – he quotes Niles Eldridge: “It is a simple ineluctable truth that virtually all members of a biota remain basically stable, with minor fluctuations, throughout their durations. . . .“ So how do evolutionists arrive at their evolutionary trees from fossils of organisms which didn’t change during their durations? Beware the “….” – that means that meaningful parts of the quote are being omitted. I happen to have the book (The Pattern of Evolution) from which Morris mined that particular quote. Here’s the rest of it: (Remember, by “biota” we mean the commonly preserved plants and animals of a particular geological interval, which occupy regions often as large as Roger Tory Peterson’s “eastern” region of North American birds.) And when these systems change – when the older species disappear, and new ones take their place – the change happens relatively abruptly and in lockstep fashion.”
  • Eldridge was one of the authors (with Gould) of punctuated equilibrium theory. This states that, if you look at the fossil record, what we see are species emerging, persisting with little change for a while, and then disappearing from the fossil record. They theorize that most species most of the time are at equilibrium with their environment, and so do not change much. But these periods of equilibrium are punctuated by disequilibrium – periods of change when species will have to migrate, evolve, or go extinct.
  • This does not mean that speciation does not take place. And if you look at the fossil record we see a pattern of descendant species emerging from ancestor species over time – in a nice evolutionary pattern. Morris gives a complete misrepresentation of Eldridge’s point – once again we see intellectual dishonesty in his methods of an astounding degree.
  • Regarding the atheism = religion comment, it reminds me of a great analogy that I first heard on twitter from Evil Eye. (paraphrase) “those that say atheism is a religion, is like saying ‘not collecting stamps’ is a hobby too.”
  • Morris next tackles the genetic evidence, writing: More often is the argument used that similar DNA structures in two different organisms proves common evolutionary ancestry. Neither argument is valid. There is no reason whatever why the Creator could not or would not use the same type of genetic code based on DNA for all His created life forms. This is evidence for intelligent design and creation, not evolution.
  • Here is an excellent summary of the multiple lines of molecular evidence for evolution. Basically, if we look at the sequence of DNA, the variations in trinucleotide codes for amino acids, and amino acids for proteins, and transposons within DNA we see a pattern that can only be explained by evolution (or a mischievous god who chose, for some reason, to make life look exactly as if it had evolved – a non-falsifiable notion).
  • The genetic code is essentially comprised of four letters (ACGT for DNA), and every triplet of three letters equates to a specific amino acid. There are 64 (4^3) possible three letter combinations, and 20 amino acids. A few combinations are used for housekeeping, like a code to indicate where a gene stops, but the rest code for amino acids. There are more combinations than amino acids, so most amino acids are coded for by multiple combinations. This means that a mutation that results in a one-letter change might alter from one code for a particular amino acid to another code for the same amino acid. This is called a silent mutation because it does not result in any change in the resulting protein.
  • It also means that there are very many possible codes for any individual protein. The question is – which codes out of the gazillions of possible codes do we find for each type of protein in different species. If each “kind” were created separately there would not need to be any relationship. Each kind could have it’s own variation, or they could all be identical if they were essentially copied (plus any mutations accruing since creation, which would be minimal). But if life evolved then we would expect that the exact sequence of DNA code would be similar in related species, but progressively different (through silent mutations) over evolutionary time.
  • This is precisely what we find – in every protein we have examined. This pattern is necessary if evolution were true. It cannot be explained by random chance (the probability is absurdly tiny – essentially zero). And it makes no sense from a creationist perspective. This same pattern (a branching hierarchy) emerges when we look at amino acid substitutions in proteins and other aspects of the genetic code.
  • Morris goes for the second law of thermodynamics again – in the exact way that I already addressed. He responds to scientists correctly pointing out that the Earth is an open system, by writing: This naive response to the entropy law is typical of evolutionary dissimulation. While it is true that local order can increase in an open system if certain conditions are met, the fact is that evolution does not meet those conditions. Simply saying that the earth is open to the energy from the sun says nothing about how that raw solar heat is converted into increased complexity in any system, open or closed. The fact is that the best known and most fundamental equation of thermodynamics says that the influx of heat into an open system will increase the entropy of that system, not decrease it. All known cases of decreased entropy (or increased organization) in open systems involve a guiding program of some sort and one or more energy conversion mechanisms.
  • Energy has to be transformed into a usable form in order to do the work necessary to decrease entropy. That’s right. That work is done by life. Plants take solar energy (again – I’m not sure what “raw solar heat” means) and convert it into food. That food fuels the processes of life, which include development and reproduction. Evolution emerges from those processes- therefore the conditions that Morris speaks of are met.
  • But Morris next makes a very confused argument: Evolution has neither of these. Mutations are not “organizing” mechanisms, but disorganizing (in accord with the second law). They are commonly harmful, sometimes neutral, but never beneficial (at least as far as observed mutations are concerned). Natural selection cannot generate order, but can only “sieve out” the disorganizing mutations presented to it, thereby conserving the existing order, but never generating new order.
  • The notion that evolution (as if it’s a thing) needs to use energy is hopelessly confused. Evolution is a process that emerges from the system of life – and life certainly can use solar energy to decrease its entropy, and by extension the entropy of the biosphere. Morris slips into what is often presented as an information argument.  (Yet again – already dealt with. The pattern here is that we are seeing a shuffling around of the same tired creationists arguments.) It is first not true that most mutations are harmful. Many are silent, and many of those that are not silent are not harmful. They may be neutral, they may be a mixed blessing, and their relative benefit vs harm is likely to be situational. They may be fatal. And they also may be simply beneficial.
  • Morris finishes with a long rambling argument that evolution is religion. Evolution is promoted by its practitioners as more than mere science. Evolution is promulgated as an ideology, a secular religion — a full-fledged alternative to Christianity, with meaning and morality . . . . Evolution is a religion. This was true of evolution in the beginning, and it is true of evolution still today. Morris ties evolution to atheism, which, he argues, makes it a religion. This assumes, of course, that atheism is a religion. That depends on how you define atheism and how you define religion – but it is mostly wrong. Atheism is a lack of belief in one particular supernatural claim – that does not qualify it as a religion.
  • But mutations are not “disorganizing” – that does not even make sense. It seems to be based on a purely creationist notion that species are in some privileged perfect state, and any mutation can only take them farther from that perfection. For those who actually understand biology, life is a kluge of compromises and variation. Mutations are mostly lateral moves from one chaotic state to another. They are not directional. But they do provide raw material, variation, for natural selection. Natural selection cannot generate variation, but it can select among that variation to provide differential survival. This is an old game played by creationists – mutations are not selective, and natural selection is not creative (does not increase variation). These are true but irrelevant, because mutations increase variation and information, and selection is a creative force that results in the differential survival of better adapted variation.
  • Weiye Loh on 01 Mar 11
     
    One of my earlier posts on SkepticBlog was Ten Major Flaws in Evolution: A Refutation, published two years ago. Occasionally a creationist shows up to snipe at the post, like this one:i read this and found it funny. It supposedly gives a scientific refutation, but it is full of more bias than fox news, and a lot of emotion as well.here's a scientific case by an actual scientists, you know, one with a ph. D, and he uses statements by some of your favorite evolutionary scientists to insist evolution doesn't exist.i challenge you to write a refutation on this one.http://www.icr.org/home/resources/resources_tracts_scientificcaseagainstevolution/Challenge accepted.
Weiye Loh

Libel Chill and Me « Skepticism « Critical Thinking « Skeptic North - 0 views

www.skepticnorth.com/...libelchillandme

Libel Slander Law New Media Skepticism Science Communication

shared by Weiye Loh on 22 Feb 11 - No Cached
  • Skeptics may by now be very familiar with recent attempts in Canada to ban wifi from public schools and libraries.  In short: there is no valid scientific reason to be worried about wifi.  It has also been revealed that the chief scientists pushing the wifi bans have been relying on poor data and even poorer studies.  By far the vast majority of scientific data that currently exists supports the conclusion that wifi and cell phone signals are perfectly safe.
  • So I wrote about that particular topic in the summer.  It got some decent coverage, but the fear mongering continued. I wrote another piece after I did a little digging into one of the main players behind this, one Rodney Palmer, and I discovered some decidedly pseudo-scientific tendencies in his past, as well as some undisclosed collusion.
  • One night I came home after a long day at work, a long commute, and a phone call that a beloved family pet was dying, and will soon be in significant pain.  That is the state I was in when I read the news about Palmer and Parliamentary committee.
  • ...18 more annotations...
  • That’s when I wrote my last significant piece for Skeptic North.  Titled, “Rodney Palmer: When Pseudoscience and Narcissism Collide,” it was a fiery take-down of every claim I heard Palmer speak before the committee, as well as reiterating some of his undisclosed collusion, unethical media tactics, and some reasons why he should not be considered an expert.
  • This time, the article got a lot more reader eyeballs than anything I had ever written for this blog (or my own) and it also caught the attention of someone on a school board which was poised to vote on wifi.  In these regards: Mission very accomplished.  I finally thought that I might be able to see some people in the media start to look at Palmer’s claims with a more critical eye than they had been previously, and I was flattered at the mountain of kind words, re-tweets, reddit comments and Facebook “likes.”
  • The comments section was mostly supportive of my article, and they were one of the few things that kept me from hiding in a hole for six weeks.  There were a few comments in opposition to what I wrote, some sensible, most incoherent rambling (one commenter, when asked for evidence, actually linked to a YouTube video which they referred to as “peer reviewed”)
  • One commenter was none other than the titular subject of the post, Rodney Palmer himself.  Here is a screen shot of what he said: Screen shot of the Libel/Slander threat.
  • Knowing full well the story of the libel threat against Simon Singh, I’ve always thought that if ever a threat like that came my way, I’d happily beat it back with the righteous fury and good humour of a person with the facts on their side.  After all, if I’m wrong, you’d be able to prove me wrong, rather than try to shut me up with a threat of a lawsuit.  Indeed, I’ve been through a similar situation once before, so I should be an old hat at this! Let me tell you friends, it’s not that easy.  In fact, it’s awful.  Outside observers could easily identify that Palmer had no case against me, but that was still cold comfort to me.  It is a very stressful situation to find yourself in.
  • The state of libel and slander laws in this country are such that a person can threaten a lawsuit without actually threatening a lawsuit.  There is no need to hire a lawyer to investigate the claims, look into who I am, where I live, where I work, and issue a carefully worded threatening letter demanding compliance.  All a person has to say is some version of  “Libel.  Slander.  Hmmmm….,” and that’s enough to spook a lot of people into backing off. It’s a modern day bogeyman.  They don’t have to prove it.  They don’t have to act on it.  A person or organization just has to say “BOO!” with sufficient seriousness, and unless you’ve got a good deal of editorial and financial support, discussion goes out the window. Libel Chill refers to the ‘chilling effect’ that the possibility of a libel/slander lawsuit has.  If a person is scared they might get sued, then they won’t even comment on a piece at all.  In my case, I had already commented three times on the wifi scaremongering, but this bogus threat against me was surely a major contributing factor to my not commenting again.
  • I ceased to discuss anything in the comment thread of the original article, and even shied away from other comment threads, calling me out.  I learned a great deal about the wifi/EMF issue since I wrote the article, but I did not comment on any of it, because I knew that Palmer and his supporters were watching me like a hawk (sorry to stretch the simile), and would likely try to silence me again.  I couldn’t risk a lawsuit.  Even though I knew there was no case against me, I couldn’t afford a lawyer just to prove that I didn’t do anything illegal.
  • The Libel and Slanders Act of Ontario, 1990 hasn’t really caught up with the internet.  There isn’t a clear precedent that defines a blog post, Twitter feed or Facebook post as falling under the umbrella of “broadcast,” which is what the bill addresses.  If I had written the original article in print, Palmer would have had six weeks to file suit against me.  But the internet is only kind of considered ‘broadcast.’  So it could be just six weeks, but he could also have up to two years to act and get a lawyer after me.  Truth is, there’s not a clear demarcation point for our Canadian legal system.
  • Libel laws in Canada are somewhere in between the Plaintiff-favoured UK system, and the Defendant-favoured US system.  On the one hand, if Palmer chose to incur the expense and time to hire a lawyer and file suit against me, the burden of proof would be on me to prove that I did not act with malice.  Easy peasy.  On the other hand, I would have a strong case that I acted in the best interests of Canadians, which would fall under the recent Supreme Court of Canada decision on protecting what has been termed, “Responsible Communication.”  The Supreme Court of Canada decision does not grant bloggers immunity from libel and slander suits, but it is a healthy dose of welcome freedom to discuss issues of importance to Canadians.
  • Palmer himself did not specify anything against me in his threat.  There was nothing particular that he complained about, he just said a version of “Libel and Slander!” at me.  He may as well have said “Boo!”
  • This is not a DBAD discussion (although I wholeheartedly agree with Phil Plait there). 
  • If you’d like to boil my lessons down to an acronym, I suppose the best one would be DBRBC: Don’t be reckless. Be Careful.
  • I wrote a piece that, although it was not incorrect in any measurable way, was written with fire and brimstone, piss and vinegar.  I stand by my piece, but I caution others to be a little more careful with the language they use.  Not because I think it is any less or more tactically advantageous (because I’m not sure anyone can conclusively demonstrate that being an aggressive jerk is an inherently better or worse communication tool), but because the risks aren’t always worth it.
  • I’m not saying don’t go after a person.  There are egomaniacs out there who deserve to be called out and taken down (verbally, of course).  But be very careful with what you say.
  • ask yourself some questions first: 1) What goal(s) are you trying to accomplish with this piece? Are you trying to convince people that there is a scientific misunderstanding here?  Are you trying to attract the attention of the mainstream media to a particular facet of the issue?  Are you really just pissed off and want to vent a little bit?  Is this article a catharsis, or is it communicative?  Be brutally honest with your intentions, it’s not as easy as you think.  Venting is okay.  So is vicious venting, but be careful what you dress it up as.
  • 2) In order to attain your goals, did you use data, or personalities?  If the former, are you citing the best, most current data you have available to you? Have you made a reasonable effort to check your data against any conflicting data that might be out there? If the latter, are you providing a mountain of evidence, and not just projecting onto personalities?  There is nothing inherently immoral or incorrect with going after the personalities.  But it is a very risky undertaking. You have to be damn sure you know what you’re talking about, and damn ready to defend yourself.  If you’re even a little loose with your claims, you will be called out for it, and a legal threat is very serious and stressful. So if you’re going after a personality, is it worth it?
  • 3) Are you letting the science speak for itself?  Are you editorializing?  Are you pointing out what part of your piece is data and what part is your opinion?
  • 4) If this piece was written in anger, frustration, or otherwise motivated by a powerful emotion, take a day.  Let your anger subside.  It will.  There are many cathartic enterprises out there, and you don’t need to react to the first one that comes your way.  Let someone else read your work before you share it with the internet.  Cooler heads definitely do think more clearly.
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