References and Endnotes
Chapter 1: Unwrapping the Gift
Michael Rothschild, “Beyond Repair: The Politics of the Machine Age Are Hopelessly Obsolete,” The New Democrat, July/Aug. 1995, pp. 8–11.
Stephen E. Ambrose, Undaunted Courage: Meriwether Lewis, Thomas Jefferson and the Opening of the American West, Simon & Schuster, 1996, p. 53.
Betty Friedan, The Feminine Mystique, W. W. Norton, 1963, p. 312.
Christopher Mims, “Driverless Cars to Fuel Suburban Sprawl,” Wall Street Journal, June 20, 2016, www.wsj.com/articles/driverless-cars-to-fuel-suburban-sprawl-1466395201.
Paul Barter, “‘Cars Are Parked 95% of the time.’ Let’s Check!” Reinventing Parking, Feb. 22, 2013, www.reinventingparking.org/2013/02/cars-are-parked-95-of-time-lets-check.html.
Research centers doing this kind of research include the MIT Human Dynamics Labo- ratory, Harvard University, AT&T Labs, the London School of Economics, and others. For an overview of some of the research, see Robert Lee Hotz, “The Really Smart Phone,” Wall Street Journal, Apr. 22, 2011, www.wsj.com/articles/SB1000142405274 8704547604576263261679848814, and Elizabeth Dwoskin, “Lending Startups Look at Borrowers’ Phone Usage to Assess Creditworthiness,” Wall Street Journal, Nov. 30, 2015, www.wsj.com/articles/lending-startups-look-at-borrowers-phone-usage-to-assess-creditworthiness-1448933308.
Photos appear on the Web showing religious Muslim women with uncovered faces and other people in bathrooms or locker rooms or other embarrassing or awkward situa- tions. This problem was more acute when cameras first appeared in cellphones and most people were unaware of them.
Quoted in Robert Fox, “Newstrack,” Communications of the ACM, Aug. 1995, 38:8, pp.11–12.
For a good overview, see Eric Beidel, “Social Scientists and Mathematicians Join the Hunt for Terrorists,” National Defense, Sept. 2010, www.nationaldefensemagazine.org/archive/2010/September/Pages/SocialScientistsandMathematiciansJoinTheHuntforTerrorists.aspx.
“Email Statistics Report, 2015–2019,” The Radicati Group, Inc., Mar. 2015, www. radicati.com.
Statement of Vinton G. Cerf, U.S. Senate Committee on the Judiciary Hearing on Reconsidering our Communications Laws, June 14, 2006, www.judiciary.senate.gov/download/2006/06/14/vinton-cerf-testimony-061406.
Steven Leckart, “The Stanford Education Experiment,” Wired, Apr. 2012, pp. 68–77.
Some of these examples are described in Melinda Beck, “How Telemedicine Is Transforming Health Care,” Wall Street Journal, June 26, 2016, www.wsj.com/articles/how-telemedicine-is-transforming-health-care-1466993402.
Robert D. Atkinson, “Leveling the E-Commerce Playing Field: Ensuring Tax and Regulatory Fairness for Online and Offline Businesses,” Progressive Policy Insti- tute Policy Report, June 30, 2003, www.ppionline.org. Jennifer Saranow, “Savvy Car Buyers Drive Bargains with Pricing Data from the Web,” Wall Street Journal, Oct. 24, 2006, p. D5.
The last line of the paragraph is a paraphrase of the headline on an article Searle wrote, “Watson Doesn’t Know It Won on ‘Jeopardy!,’” Wall Street Journal, Feb. 17, 2011, www.wsj.com/articles/SB10001424052748703407304576154313126987674. The original Chinese room argument is in John Searle, “Minds, Brains and Programs,” Behavioral and Brain Sciences, Cambridge University Press, 1980, pp. 417–424.
Liftware, now part of Alphabet, Inc., makes the tremor-canceling utensil.
Evan Ratliff, “Born to Run,” Wired, July 2001, pp. 86–97. Rheo and Power Knees by Ossur, www.ossur.com. John Hockenberry, “The Human Brain,” Wired, Aug. 2001, pp. 94–105. Aaron Saenz, “Ekso Bionics Sells its First Set of Robot Legs Allowing Paraplegics to Walk,” Singularity Hub, Feb. 27, 2012, singularity-hub.com/2012/02/27/ekso-bionics-sells-its-first-set-of-robot-legs-allowing-paraplegics-to-walk.
By Louis P. Pojman (Wadsworth, 1990) and J. L. Mackie (Penguin Books, 1977), respectively.
Sources for this section include: Joseph Ellin, Morality and the Meaning of Life: An Introduction to Ethical Theory, Harcourt Brace Jovanovich, 1995; Deborah G. Johnson, Computer Ethics, Prentice Hall, 2nd ed., 1994; Louis Pojman, Ethical Theory: Classical and Contemporary Readings, 2nd ed., Wadsworth, 1995 (which includes John Stuart Mill’s “Utilitarianism,” Kant’s “The Foundations of the Metaphysic of Morals,” and John Locke’s “Natural Rights”); and James Rachels, The Elements of Moral Philosophy, McGraw Hill, 1993; “John Locke (1632–1704),” Internet Encyclopedia of Philosophy, Apr. 17, 2001, www.iep.utm.edu/locke; Celeste Friend, “Social Contract Theory,” Internet Encyclopedia of Philosophy, Oct. 15, 2004, www.iep.utm.edu/soc-cont; Sharon A. Lloyd and Susanne Sreedhar, “Hobbes’s Moral and Political Philosophy,” The Stanford Encyclopedia of Philosophy (Spring 2011 Edition), Edward N. Zalta (ed.), plato.stanford.edu/archives/spr2011/entries/hobbesmoral; Leif Wenar, “John Rawls,” The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta, ed., plato.stanford.edu/archives/fall2008/entries/rawls.
John Stuart Mill, Utilitarianism, 1863.
John Locke, Two Treatises of Government, 1690.
J. L. Mackie uses the term claim rights in Ethics: Inventing Right and Wrong. Another term for positive rights is entitlements.
Claude S. Fischer, America Calling: A Social History of the Telephone to 1940, University of California Press, 1992, Fig. 4, p. 93.
Slightly paraphrased from Mike Godwin, “Steve Jobs, the Inhumane Humanist,” Reason, Jan. 10, 2012, reason.com/archives/2012/01/10/steve-jobs-the-inhumane-humanist.
Julie Johnson assisted with the background for this section.
Money, Markets, and Sovereignty, Yale University Press, 2009, p. 53.
A Theory of Justice, 1971, and Justice as Fairness, 2001.
Kenneth C. Laudon, “Ethical Concepts and Information Technology,” Communica- tions of the ACM, Dec. 1995, 38:12, p. 38.
Some goals appear to be ethically wrong in themselves—for example, genocide— although often it is because the only way to achieve the goal is by methods that are ethically unacceptable (killing innocent people).
From a speech titled “Law and Manners,” reprinted in The Atlantic Monthly, July 1924, pp. 1–4, www2.econ.iastate.edu/classes/econ362/hallam/NewspaperArticles/LawandManners.pdf.
Nebraska, for example, banned teaching foreign languages in public or private schools below ninth grade.
Specifically, whether the tomato sauce should be counted as a vegetable to satisfy health requirements for school lunches.
Chapter 2: Privacy
James O. Jackson, “Fear and Betrayal in the Stasi State,” Time, Feb. 3, 1992, pp. 32–33.
“Privacy as an Aspect of Human Dignity,” in Ferdinand David Schoeman, ed., Philosophical Dimensions of Privacy: An Anthology, Cambridge University Press, 1984, pp. 156–203, quote on p. 188.
“Reading Privacy Journal’s Mail,” Privacy Journal, May 2001, p. 2.
NAACP v. Alabama, 357 U.S. 449 (1958).
Michael Barbaro and Tom Zeller Jr., “A Face Is Exposed for AOL Searcher No. 4417749,” New York Times, Aug. 9, 2006, www.nytimes.com. AOL acknowledged that the release was a bad mistake, fired the employees responsible, and considered improvements in internal policies to reduce the chance of similar errors in the future.
Brian X. Chen and Nick Bilton, “Et Tu, Google? Android Apps Can Also Secretly Copy Photos,” New York Times, Mar. 1, 2012, bits.blogs.nytimes.com/2012/03/01/android-photos.
Many of these examples come from news reports. The Privacy Rights Clearinghouse lists such incidents on its website.
For an excellent, readable, overview of data breaches, see Verizon, “2016 Data Breach Investigations Report,” www.verizonenterprise.com/resources/reports/ rp_DBIR_2016_Report_en_xg.pdf. Offending software is sometimes buried in ads or other content provided by third parties. Some retailers do not know that the soft- ware they use stores credit card numbers. (It is not supposed to.) For example, see Verizon Business Investigative Response team, “2008 Data Breach Investigations Report,” www.verizonenterprise.com/resources/security/databreachreport.pdf.
Associated Press, “Popular Software for Computer Cursors Logs Web Visits, Raising Privacy Issue,” Wall Street Journal, Nov. 30, 1999, p. B6.
For an early history of cookies, see John Schwartz, “Giving Web a Memory Cost Its Users Privacy,” New York Times, Sept. 4, 2001, www.nytimes.com/2001/09/04/business/giving-web-a-memory-cost-its-users-privacy.html.
The National Highway Traffic Safety Administration requires that car makers inform owners if a car is equipped with a data recorder and specifies that the owner’s consent is needed to collect data from the recorder.
Quoted in Theo Francis, “Spread of Records Stirs Patient Fears of Privacy Erosion,” Wall Street Journal, Dec. 26, 2006, p. A1.
The Privacy Rights Clearinghouse shows several specific sets of Fair Information Principles in “A Review of the Fair Information Principles,” www.privacyrights.org/content/review-fair-information-principles-foundation-privacy-public-policy.
Acxiom Latin America website, “Customer Information Management Solutions,” www.acxiom.com.
Jessica E. Vascellaro, “Online Retailers Are Watching You,” Wall Street Journal, Nov. 28, 2006, pp. D1, D3.
Cecilie Rohwedder, “No. 1 Retailer in Britain Uses ‘Clubcard’ to Thwart Wal-Mart,” Wall Street Journal, June 6, 2006, p. A1. Charles Duhigg, “How Companies Learn Your Secrets,” New York Times, Feb. 16, 2012, www.nytimes.com/2012/02/19/magazine/shopping-habits.html.
Lois Beckett, “Obama’s Microtargeting ‘Nuclear Codes’,” ProPublica, Nov. 7, 2012, www.propublica.org/article/obamas-microtargeting-nuclear-codes; Michael Sherer, “Inside the Secret World of the Data Crunchers Who Helped Obama Win,” Time, Nov. 7, 2012, swampland.time.com/2012/11/07/inside-the-secret-world-of-quants- and-data-crunchers-who-helped-obama-win/. One way the fund-raiser invitations varied was in emphasizing different celebrities who would attend, based on who the campaign thought would appeal most to the person invited.
For example, regulations established under the Gramm–Leach–Bliley Act of 1999, which are responsible for the millions of privacy notices and opt-out forms mailed out by credit card companies.
Julia Angwin, “A Plan to Track Web Use Stirs Privacy Concern,” Wall Street Journal, May 1, 2000, pp. B1, B18.
Preetika Rana, “Indians Spurn Snacks, Shampoo to Load Their Smartphones,” Wall Street Journal, Aug. 15, 2016, www.wsj.com/articles/indians-spurn-snacks-shampoo-to-load-their-smartphones-1471163223.
Quoted in Privacy Journal, Apr. 2006, p. 2.
Ruchi Sanghvi, “Facebook Gets a Facelift,” Sept. 5, 2006, blog.facebook.com/blog. php?post=2207967130. “An Open Letter from Mark Zuckerberg,” Sept. 8, 2006, blog.facebook.com/blog.php?post=2208562130; and many news stories.
See, for example, Center for Democracy and Technology, “Best Practices for Mobile Applications Developers,” www.cdt.org/files/pdfs/Best-Practices-Mobile-App-Developers.pdf, and CTIA—The Wireless Association, “Best Practices and Guidelines for Location Based Services,” www.ctia.org/policy-initiatives/voluntary-guidelines/best-practices-and-guidelines-for-location-based-services.
Jeffrey Rosen covers many in his article “The Right to Be Forgotten,” Stanford Law Review, Feb. 13, 2012, www.stanfordlawreview.org/online/privacy-paradox-the-right-to-be-forgotten/. See also Eugene Volokh, “Freedom of Speech and Informa- tion Privacy: The Troubling Implications of a Right to Stop People from Speaking about You,” Stanford Law Review (52 Stanford L. Rev. 1049), 2000, www2.law.ucla.edu/volokh/privacy.htm.
Quoted in David Banisar, Privacy and Human Rights 2000: An International Survey of Privacy Laws and Developments, EPIC and Privacy International, 2000.
California Bankers Assn. v. Shultz, 416 U.S. 21 (1974).
Alan F. Westin, Privacy and Freedom, Atheneum, 1968, p. 67.
The historic information in this section is from Alan F. Westin, Privacy and Free- dom; Alexander Charns, Cloak and Gavel: FBI Wiretaps, Bugs, Informers, and the Supreme Court, University of Illinois Press, 1992 (Chapter 8); Edith Lapidus, Eaves- dropping on Trial, Hayden Book Co., 1974; and Walter Isaacson, Kissinger: A Biog- raphy, Simon and Schuster, 1992.
The citations for the cases mentioned in this section are Olmstead v. United States, 277 U.S. 438(1928); Katz v. United States, 389 U.S. 347(1967); Smith v. Maryland, 442 U.S. 735(1979); and United States v. Miller, 425 U.S. 435(1976).
Nardone v. U.S. 302 U.S. 379(1937).
Warshak v. U.S., Case 06-492, Sixth Circuit Court of Appeals, 2008.
Patel v. City of Los Angeles, Dec. 2013.
Alex Kozinski, “On Privacy: Did Technology Kill the Fourth Amendment?” Cato Pol- icy Report, Nov./Dec. 2011, www.cato.org/policy-report/novemberdecember-2011/ privacy-did-technology-kill-fourth-amendment.
Mark Walsh, “Low-tech High Court to Weigh Police Search of Smartphones,” ABA Journal, Apr. 1, 2014. Stephanie Francis Ward, “States Split Over Warrantless Searches of Cellphone Data,” ABA Journal, Apr. 1, 2011.
U.S. v. Jones, Jan. 23, 2012, www.supremecourt.gov/opinions/11pdf/10-1259.pdf. The case began in 2004.
United States v. Raymond Lambis, July 12, 2016.
Julian Sanchez, “The Pinpoint Search,” Reason, Jan. 2007, pp. 21–28.
Larry Hardesty, “Extracting Audio from Video Information,” MIT News, Aug. 4, 2014, news.mit.edu/2014/algorithm-recovers-speech-from-vibrations-0804.
Sanchez, “The Pinpoint Search,” p. 21.
Brad Heath, “New Police Radars Can ‘See’ Inside Homes,” USA Today, Jan. 20, 2015, www.usatoday.com/story/news/2015/01/19/police-radar-see-through-walls/22007615.
Marc Champion and others, “Tuesday’s Attack Forces an Agonizing Decision on Americans,” Wall Street Journal, Sept. 14, 2001, p. A8.
“Cameras in U.K. Found Useless,” Privacy Journal, Mar. 2005, pp. 6–7.
Dana Canedy, “TV Cameras Seek Criminals in Tampa’s Crowds,” New York Times, July 4, 2001, pp. A1, A11.
The National Institute of Standards and Technology, a federal government agency, reported an accuracy rate of 57%. Jesse Drucker and Nancy Keates, “The Airport of the Future,” Wall Street Journal, Nov. 23, 2001, pp. W1, W12. David Banisar raised issues about accuracy in “A Review of New Surveillance Technologies,” Privacy Journal, Nov. 2001, p. 1.
Ross Kerber, “Privacy Concerns Are Roadblocks on ‘Smart’ Highways,” Wall Street Journal, Dec. 4, 1996, pp. B1, B7. Banisar, “A Review of New Surveillance Technologies.” Michael Spencer, “One Major City’s Restrictions on TV Surveil- lance,” Privacy Journal, Mar. 2001, p. 3. Murray Long, “Canadian Commissioner Puts a Hold on Video Cameras,” Privacy Journal, Nov. 2001, pp. 3–4.
Quoted in Long, “Canadian Commissioner Puts a Hold on Video Cameras.”
Jim Epstein, “Why I Was Arrested Yesterday at a D.C. Taxi Commission Meeting,” June 23, 2011, reason.com/reasontv/2011/06/23/taxi-commission-arrest.
Steven A. Bercu, “Smart Card Privacy Issues: An Overview,” BOD-T-001, July 1994, Smart Card Forum.
“Information Security: The Centers for Medicare & Medicaid Services Needs to Improve Controls over Key Communication Network,” Government Accountability Office, Aug. 2006, www.gao.gov/new.items/d06750.pdf. Computers and Privacy: How the Government Obtains, Verifies, Uses, and Protects Personal Data, U.S. General Accounting Office, 1990 (GAO/IMTEC-9070BR). “House Panel Probes White House Database,” EPIC Alert, Sept. 12, 1996. OMB Watch study, reported in “U.S. Govern- ment Web Sites Fail to Protect Privacy,” EPIC Alert, Sept. 4, 1997. Internet Privacy: Comparison of Federal Agency Practices with FTC’s Fair Information Principles, U.S. General Accounting Office, Sept. 11, 2000 (GAO/AIMD00-296R). U.S. Government Accountability Office, Data Mining (GAO 05-866), Aug. 2005, www.gao.gov/new. items/d05866.pdf. The GAO was called the General Accounting Office until 2004.
Nathan Tempey, “The NYPD Is Tracking Drivers Across the Country Using License Plate Readers,” Gothamist, Jan. 26, 2016, gothamist.com/2016/01/26/license_plate_ readers_nypd.php.
Jeff Jonas and Jim Harper, “Effective Counterterrorism and Limited Role of Predic- tive Data Mining,” Cato Institute Policy Analysis No. 584, Dec. 11, 2006.
Robert Ellis Smith, “Ominous Tracking of University Students,” Privacy Journal, Aug. 2006, p. 1. Sharon Noguchi, “10 Million California Student Records About To Be Released to Attorneys,” The Mercury News, Feb. 16, 2016, www.mercurynews. com/crime-courts/ci_29524376/10-million-calif-student-records-about-be-released.
Federal Trade Commission, “Identity theft,” www.consumer.gov/idtheft. “Second Thoughts on Posting Court Records Online,” Privacy Journal, Feb. 2006, pp. 1, 4.
The law is The Ethics in Government Act.
Tony Mauro, “Judicial ConferenceVotesto Release Federal Judges’Financial Records,” Freedom Forum, Mar. 15, 2000, www.firstamendmentcenter.org/judicial-conference- votes-to-release-federal-judges-financial-records.
The article “Can Privacy and Open Access to Records Be Reconciled?” Privacy Journal, May 2000, p. 6, outlines principles and guidelines devised by Robert Ellis Smith for access to public records.
Sources for this section include: Chris Hibbert, “Frequently Asked Questions on Social Security Numbers and Privacy,” cpsr.org/issues/privacy/ssn-faq/; “ID Cards to Cost $10 Billion,” EPIC Alert, Sept. 26, 1997; Glenn Garvin, “Bring- ing the Border War Home,” Reason, Oct. 1995, pp. 18–28; Simson Garfinkel, Database Nation: The Death of Privacy in the 21st Century, O’Reilly, 2000, pp. 33–34; “A Turnaround on Social Security Numbers,” Privacy Journal, Dec. 2006, p. 2; Greidinger v. Davis, U.S. Court of Appeals, Fourth Circuit; Ellen Nakashima, “U.S. Exposed Personal Data,” Washington Post, Apr. 21, 2007, p. A05; “USDA Offers Free Credit Monitoring to Farm Services Agency and Rural Development Funding Recipients,” www.usda.gov/wps/portal/usda/ usdamediafb?contentid=2007/04/0105.xml&printable=true&contentidonly=true.
Peter G. Neumann and Lauren Weinstein, “Inside Risks,” Communications of the ACM, Dec. 2001, p. 176.
Quoted in Jane Howard, “ID Card Signals ‘End of Democracy’,” The Australian, Sept. 7, 1987, p. 3.
Jim Harper, “Understanding and Responding to the Threat of Terrorism,” Cato Policy Report, Cato Institute, Mar./Apr. 2007, pp. 13–15, 19.
Department of Homeland Security, “Real ID and You: Rumor Control,” www.dhs. gov/real-id-and-you-rumor-control.
James Brooke, “Japan in an Uproar as ‘Big Brother’ Computer File Kicks In,” New York Times, Aug. 6, 2002, www.nytimes.com/2002/08/06/international/asia/06JAPA. html; Eiichiro Okuyama, “Japan’s National ID System Poses Risks and Advantages,” Keio University, International Center for the Internet and Society, Jan. 31, 2015, kipis.sfc.keio.ac.jp/japans-national-id-system-poses-risks-advantages/.
Utkarsh Anand, “Supreme Court Allows Aadhaar Card Use on Voluntary Basis for Government Schemes,” The Indian Express, indianexpress.com/article/india/india- news-india/sc-allows-aadhaar-use-for-other-government-schemes-on-voluntary-basis/.
Jim Harper, “Understanding and Responding to the Threat of Terrorism,” Cato Policy Report, Mar./Apr. 2007, pp. 13–15, 19.
Background sources for this section include: James Bamford, The Puzzle Palace: A Report on NSA, America’s Most Secret Agency, Houghton Mifflin, 1982; NSA FAQ: www.nsa.gov/about/faqs/about-nsa-faqs.shtml; Statement for the Record of NSA Director Lt. General Michael V. Hayden, USAF, House Permanent Select Committee on Intelligence, Apr. 12, 2000, www.nsa.gov/public_info/speeches_ testimonies/12apr00_dirnsa.shtml; James Bamford, Body of Secrets: Anatomy of the Ultra-Secret National Security Agency, from the Cold War Through the Dawn of a New Century, Doubleday, 2001; James Bamford, “The Black Box,” Wired, Apr. 2012, pp. 78–85, 122–124 (online at www.wired.com/threatlevel/2012/03/ff_nsa- datacenter). Bamford has written extensively about the NSA over several decades. His sources include former long-time NSA employees.
Declaration of Mark Klein, June 8, 2006, www.eff.org/document/klein-declaration- redacted.
For example, Jewel v. NSA, filed by the Electronic Frontier Foundation.
The documents that have been published are collected at the Snowden Surveil- lance Archive, Canadian Journalists for Free Expression, snowdenarchive.cjfe.org/ greenstone/cgi-bin/library.cgi. Many news articles described the documents, for example, Cyrus Farivar, “The Top 5 Things We’ve Learned about the NSA Thanks to Edward Snowden,” Ars Technica, Oct. 18, 2013, arstechnica.com/tech-policy/2013/10/ the-top-5-things-weve-learned-about-the-nsa-thanks-to-edward-snowden/.
Bamford, “The Black Box.”
Ixquick, www.ixquick.com, is one example. It is a metasearch engine; that is, it uses several other search engines to find results and provides what it considers the best results to the user.
Larry Loen, “Hiding Data in Plain Sight,” EFFector Online, Jan. 7, 1993, www.eff. org/effector/4/5.
Quoted in Steve Lohr, “Privacy on Internet Poses Legal Puzzle,” New York Times, Apr. 19, 1999, p. C4.
Interactive Advertising Bureau, as reported in Jack Marshall, “Facebook Will Force Advertising on Ad-Blocking Users,” Wall Street Journal, Aug. 9, 2016, www.wsj. com/articles/facebook-will-force-advertising-on-ad-blocking-users-1470751204.
Research firms Ovum and Juniper Research estimate reduced global revenue in the range $16–78 billion by 2020, depending on how publishers respond.
Marshall, “Facebook Will Force Advertising . . .”
Samuel D. Warren and Louis D. Brandeis, “The Right to Privacy,” Harvard Law Review, 1890, v. 4, p. 193.
Judith Jarvis Thomson, “The Right to Privacy,” in David Schoeman, Philosophi- cal Dimensions of Privacy: An Anthology, Cambridge University Press, 1984, pp. 272–289.
The inspiration for the Warren and Brandeis article, not mentioned in it, was that gossip columnists wrote about extravagant parties in Warren’s home and newspa- pers covered his daughter’s wedding. The background of the article is described in a biography of Brandeis and summarized in the critical response to the Warren and Brandeis article by William L. Prosser (“Privacy,” in Schoeman, Philosophical Dimensions of Privacy: An Anthology, pp. 104–155).
Thomson, “The Right to Privacy,” p. 287.
See, for example, Schoeman, Philosophical Dimensions of Privacy: An Anthology, p. 15, and Prosser, “Privacy,” pp. 104–155.
Prosser, “Privacy,” cites cases.
Richard Posner, “An Economic Theory of Privacy,” appears in several antholo- gies including Schoeman, Philosophical Dimensions of Privacy, pp. 333–345, and Johnson and Nissenbaum, Computers, Ethics & Social Values, Prentice Hall, 1995.
New York State Office of the Attorney General, “Toysmart Bankruptcy Settlement Ensures Consumer Privacy Protection,” Jan. 11, 2001, www.ag.ny.gov/press-release/ toysmart-bankruptcy-settlement-ensures-consumer-privacy-protection.
“That Facebook Friend Might Be 10 Years Old, and Other Troubling News,” Con- sumer Reports, June 2011, www.consumerreports.org/cro/magazine-archive/2011/ june/electronics-computers/state-of-the-net/facebook-concerns/index.htm.
Dan Freedman, “Privacy Profile: Mary Gardiner Jones,” Privacy and American Busi- ness 1(4), 1994, pp. 15, 17.
Janlori Goldman, statement to the Senate Judiciary Subcommittee on Technology and the Law, Jan. 27, 1994.
Deirdre Mulligan, statement to U.S. House of Representatives Committee on the Judiciary hearing on “Privacy and Electronic Communications,” May 18, 2000, www.cdt.org/testimony/000518mulligan.shtml. The quotation in her statement is from Alan F. Westin, Privacy and Freedom, Atheneum, 1968.
“Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data,” available at European Commission, Justice and Home Affairs, ec.europa.eu/justice_home/fsj/privacy/law/index_ en.htm.
91. Caroline McCarthy, “German Court Rules Google Street View is Legal,” CNet News, Mar. 21, 2011, news.cnet.com/8301-13577_3-20045595-36.html. David Meyer, “Google’s Cars Return to German Roads, but not for Street View,” GigaOM Media, Dec. 5, 2014, gigaom.com/2014/12/05/googles-cars-return-to-german-roads- but-not-for-street-view/.
Jo Best, “EU Data Retention Directive Gets Final Nod,” CNET News, Feb. 22, 2006, www.cnet.com/news/eu-data-retention-directive-gets-final-nod/.
“Just Published,” Privacy Journal, Aug. 2006, p. 6. Information Commissioner’s Office, What Price Privacy? The Unlawful Trade in Confidential Personal Informa- tion, May 10, 2006, ico.org.uk/media/about-the-ico/documents/1042393/what-price- privacy.pdf.
“Legal Analysis: Russia’s Right to Be Forgotten,” Article 19, Sept. 16, 2016, www. article19.org/resources.php/resource/38099/en/legal-analysis:-russia’s-right-to-be- forgotten. (Article 19 is a British human rights organization.)
The company is TomTom. It revised its contracts to prohibit police use of its speed data.
Christopher Steiner, Automate This: How Algorithms Came to Rule Our World, Penguin Group, 2012.
Robert F. Buckhorn Jr., quoted in Dana Canedy, “TV Cameras Seek Criminals . . .”
L. D. Introna, “Workplace Surveillance, Privacy and Distributive Justice,” Proceed- ings for Computer Ethics: Philosophical Enquiry (CEPE2000), Dartmouth College, July 14–16, 2000, pp. 188–199.
Vernor Vinge, Rainbows End, Tor, 2006.
Chapter 3: Freedom of Speech
Lovell v. City of Griffin.
From a speech at Carnegie Mellon University, Nov. 1994, quoted with permission. (The speech is excerpted, including part of the quotation used here, in Mike Godwin, “alt.sex.academic.freedom,” Wired, Feb. 1995, p. 72.)
The phrase is from the Supreme Court decision in Lovell v. City of Griffin.
Eric M. Freedman, “Pondering Pixelized Pixies,” Communications of the ACM, Aug. 2001, 44:8, pp. 27–29.
It was illegal for pharmaceutical companies to tell doctors about medical journal articles on certain topics until a federal appeals court ruled that truthful, nonmis- leading information was protected by the First Amendment (U.S. v. Caronia, 2012). Advertising wine on the Internet was protected in a 2006 case in Minnesota. Earlier cases concerned advertising of tobacco, legal gambling, vitamin supplements, alco- hol content of beer, prices of prescription drugs, and Nike’s claim that it did not use sweatshop labor. Lee McGrath, “Sweet Nectar of Victory,” Liberty & Law, Institute for Justice, June 2006, vol. 15, no. 3, pp. 1, 10. Robert S. Greenberger, “More Courts Are Granting Advertisements First Amendment Protection,” Wall Street Journal, July 3, 2001, pp. B1, B3.
“High Court Rules Cable Industry Rights Greater Than Broadcast’s,” Investor’s Business Daily, June 28, 1994.
Title V, Section 230.
In The Life of Voltaire, Smith, Elder & Company, 1904. See also Fred S. Shapiro, ed., The Yale Book of Quotations, Yale University Press, 2007. The quotation is often incorrectly attributed to Voltaire himself.
Gerard van der Leun, “This Is a Naked Lady,” Wired, Premiere Issue, 1993, pp. 74, 109.
Dick Thornburgh and Herbert S. Lin, eds., Youth, Pornography and the Internet, National Academy Press, 2002, books.nap.edu/catalog/10261.html.
Robert Peck, quoted in Daniel Pearl, “Government Tackles a Surge of Smut on the Internet,” Wall Street Journal, Feb. 8, 1995, p. B1.
Judge Marilyn Patel, quoted in Jared Sandberg, “Judge Rules Encryption Software Is Speech in Case on Export Curbs,” Wall Street Journal, Apr. 18, 1996, p. B7. The case, Bernstein v. United States, and others continued for several more years, but in 1999 and 2000 two federal appeals courts ruled that the export restric- tions violated freedom of speech. One court praised cryptography as a means of protecting privacy.
Brian Roehrkasse, quoted in Bloomberg News, “U.S. Need for Data Questioned,” Los Angeles Times, Jan. 26, 2006, articles.latimes.com/2006/jan/26/business/ fileahy26, viewed Nov. 22, 2011.
In Brown v. Entertainment Merchants Association, the Supreme Court decision invalidating California’s ban on sale or rental of violent video games to minors, 2011.
Passed as Title V of the Telecommunications Act of 1996.
Butler v. Michigan, 352 U.S. 380 (1957).
Adjudication on Motions for Preliminary Injunction, American Civil Liberties Union et al. v. Janet Reno (No. 96-963) and American Library Association et al. v. United States Dept. of Justice (No. 96-1458).
American Library Association v. United States.
Brock Meeks, “Internet as Terrorist,” Cyberwire Dispatch, May 11, 1995, www. cyberwire.com/cwd/cwd.95.05.11.html. Brock Meeks, “Target: Internet,” Communi- cations of the ACM, Aug. 1995, 38(8), pp. 23–25.
The quotations in this paragraph are from Meeks, “Internet as Terrorist.”
Andrew Leonard, “Homemade Bombs Made Easier,” Salon, Apr. 26, 2013, www. salon.com/2013/04/26/homemade_bombs_made_easier/; an interesting article addressing many aspects of this issue.
Larry Magid, “Survey: Parents Mostly Savvy on Kids’ Internet Use,” SafeKids.com, Sept.14,2011,www.safekids.com/2011/09/14/survey-parents-mostly-savvy-on-kids- internet-use/.
Amol Sharma, “Wireless Carriers Set Strict Decency Standards for Content,” Wall Street Journal, Apr. 27, 2006, pp. B1, B4.
Brown v. Entertainment Merchants Association.
Entertainment Software Ratings Board, www.esrb.org.
In the decision striking down the Child Pornography Prevention Act (Ashcroft v. Free Speech Coalition). More arguments against the law are in Freedman, “Pondering Pixelized Pixies.” Arguments on the other side appear in Foster Robberson, “‘Virtual’ Child Porn on Net No Less Evil Than Real Thing,” Arizona Republic, Apr. 28, 2000, p. B11.
Mike Rosenberg, “Facebook ‘Spam King’ Indicted after FBI Investigation,” The Mercury News, Aug. 5, 2011, www.mercurynews.com/ci_18619427.
Martin Samson, “Intel Corp. v. Kourosh Kenneth Hamidi,” Internet Library of Law and Court Decisions, www.internetlibrary.com/cases/lib_case324.cfm.
Jayson Matthews, “Harris Interactive Continues Spam Battle with MAPS,” Aug. 9, 2000, www.dotcomeon.com/harris.html.
The app, Nomorobo, is reviewed in M. David Stone, “Nomorobo,” PCMagazine, Sept. 30, 2015, www.pcmag.com/article2/0,2817,2492079,00.asp.
The full name is the Controlling the Assault of Non-Solicited Pornography and Marketing Act.
Federal Trade Commission, “CAN-SPAM Act: A Compliance Guide for Busi- ness,” Sept. 2009, www.ftc.gov/tips-advice/business-center/guidance/can-spam-act- compliance-guide-business.
John Simons, “CFTC Regulations on Publishing Are Struck Down,” Wall Street Jour- nal, June 22, 1999, p. A8. Scott Bullock, “CFTC Surrenders on Licensing Speech,” Liberty & Law, Institute for Justice, Apr. 2000, 9:2, p. 2.
Swedenburg v. Kelly.
Texas Alcoholic Beverage Commission, “Summary of Judge’s Ruling in Authentic Beverage Company Inc. v. TABC,” Apr. 23, 2012, www.tabc.state.tx.us/marketing_ practices/authentic_vs_TABC.asp.
Quoted in Brad Stone, “A Call for Manners in the World of Nasty Blogs,” New York Times, Apr. 9, 2007, www.nytimes.com/2007/04/09/technology/09blog.html.
A person or organization using the name foia.org leaked the climate research emails. (FOIA is the acronym for “Freedom of Information Act.”) Documents were originally found at foia2011.org/index.php?id=402 but have since been removed. The emails are quoted in numerous news articles with responses from the CRU researchers. “University of East Anglia Emails: The Most Contentious Quotes,” The Telegraph, Nov. 23, 2009, www.telegraph.co.uk/news/earth/environment/global- warming/6636563/University-of-East-Anglia-emails-the-most-contentious-quotes. html. Antonio Regalado, “Climatic Research Unit Broke British Information Law,” Science, Jan. 28, 2010, www.sciencepubs.com/news/2010/01/climatic-research- unit-broke-british-information-law. Larry Bell, “Climategate II: More Smoking Guns from the Global Warming Establishment,” Forbes, Nov. 29, 2011, www. forbes.com/sites/larrybell/2011/11/29/climategate-ii-more-smoking-guns-from-the- global-warming-establishment/#1d609cc33a6b. “Cherry-Picked Phrases Explained,” University of East Anglia, Nov. 23, 2011, www.uea.ac.uk/about/media-room/ press-release-archive/cru-statements/rebuttals-and-corrections/phrases-explained.
“The Panama Papers,” International Consortium of Investigative Journalists, pana- mapapers.icij.org/.
Aaron Blake, “Here Are the Latest, Most Damaging Things in the DNC’s Leaked Emails,” Washington Post, July 25, 2016, www.washingtonpost.com/news/the-fix/ wp/2016/07/24/here-are-the-latest-most-damaging-things-in-the-dncs-leaked- emails/, and many other news reports.
David E. Sanger and Charlie Savage, “U.S. Says Russia Directed Hacks to Influence Elections,” New York Times, Oct. 7, 2016, www.nytimes.com/2016/10/08/us/politics/ us-formally-accuses-russia-of-stealing-dnc-emails.html.
Meg Anderson, “Julian Assange Sees ‘Incredible Double Standard’ in Clinton Email Case,” National Public Radio, Aug. 17, 2016, www.npr.org/2016/08/17/489386392/julian- assange-sees-incredible-double-standard-in-clinton-email-case, and Judy Woodruff, “More DNC Information to Come, Says WikiLeaks Founder,” PBS News Hour, Aug. 3, 2016, www.pbs.org/newshour/bb/dnc-information-come-says-wikileaks-founder/.
Tim Lister, “WikiLeaks Lists Sites Key to U.S. Security,” CNN U.S., Dec. 6, 2010, www.cnn.com/2010/US/12/06/wikileaks/. Tim Lister and Emily Smith, “Flood of WikiLeaks Cables Includes Identities of Dozens of Informants,” CNN U.S., Aug. 31, 2011, www.cnn.com/2011/US/08/31/wikileaks.sources/.
Die Welt, quoted in Floyd Abrams, “Don’t Cry for Julian Assange,” Wall Street Jour- nal, Dec. 8, 2011, online.wsj.com/article/SB1000142405297020432390457703829 3325281030.html.
U.S. Congress, Office of Technology Assessment, Science, Technology, and the First Amendment, OTA-CIT-369, Jan. 1988.
McIntyre v. Ohio Elections Commission, 1995.
Jeffrey M. O’Brien, “Free Agent,” Wired, May 2001, p. 74.
Neil King, “Small Start-Up Helps CIA Mask Its Moves on Web,” Wall Street Journal, Feb. 12, 2001, pp. B1, B6.
Quoted in Robert Corn-Revere, “Caught in the Seamless Web: Does the Internet’s Global Reach Justify Less Freedom of Speech?” chapter in Adam Thierer and Clyde Wayne Crews Jr., eds., Who Rules the Net? Internet Governance and Jurisdiction, Cato Institute, 2003.
From his speech “A Plea for Free Speech in Boston.”
Quoted in Saeed Shah and Niharika Mandhana, “Killing in the Name: South Asia’s Badge of Dishonor,” Wall Street Journal, July 18, 2016, www.wsj.com/articles/ killing-in-the-name-south-asias-badge-of-dishonor-1468861581.
Peter L. Bernstein, Against the Gods: The Remarkable Story of Risk, John Wiley & Sons, 1996, p. 89.
This was reported before the revolution in Egypt in 2011.
Louisa Lim, “China to Censor Text Messages,” BBC News, July 2, 2004, news.bbc. co.uk/2/hi/asiapacific/3859403.stm. Dong Le, “China Employs Two Million Micro- blog Monitors State Media Say,” BBC News, Oct. 4, 2013, www.bbc.com/news/ world-asia-china-24396957.
“Russia Enacts ‘Draconian’ Law for Bloggers and Online Media,” BBC, Aug. 1, 2014, www.bbc.com/news/technology-28583669. For more on how governments use the Net to thwart freedom movements, see Evgeny Morozov, The Net Delusion: The Dark Side of Internet Freedom, PublicAffairs, 2011.
Barry Bearak, “Taliban Will Allow Access to Jailed Christian Aid Workers,” New York Times, Aug. 26, 2001, www.nytimes.com/2001/08/26/world/taliban-will- allow-access-to-jailed-christian-aid-workers.html.
In “Google Launches Censored Version of its Search-Engine,” Jan. 25, 2006, www. rsf.org.
Quoted in L. Gordon Crovitz, “Facebook’s Dubious New Friends,” Wall Street Jour- nal, May 2, 2011, online.wsj.com/article/SB10001424052748703567404576293233 665299792.html.
Elinor Mills, “Google to Censor China Web Searches,” CNET News, Jan. 24, 2006, www.cnet.com/news/google-to-censor-china-web-searches/.
Quoted in Jennifer Valentino-DeVries, Julia Angwin, and Steve Stecklow, “Docu- ment Trove Exposes Surveillance Methods,” Wall Street Journal, Nov. 19, 2011, www.wsj.com/articles/SB10001424052970203611404577044192607407780.
“Statement on Temporary Wireless Service Interruption in Select BART Sta- tions on Aug. 11,” BART, Aug. 12, 2011, www.bart.gov/news/articles/2011/ news20110812.aspx. See also Geoffrey A. Fowler, “Phone Cutoff Stirs Worry About Limit on Speech,” Wall Street Journal, Aug. 16, 2011, www.wsj.com/articles/ SB10001424053111904253204576510762318054834.
Quoted in Fowler, “Phone Cutoff Stirs Worry. . .”
Added by the Telecommunications Act of 1996 as an amendment to the Communica- tions Act of 1934 (U.S. Code Title 47, section 230).
Nellie Bowles, “Facebook’s‘Colonial’Free Basics Reaches 25 Million People–Despite Hiccups,” The Guardian, Apr. 12, 2016, www.theguardian.com/technology/2016/ apr/12/facebook-free-basics-program-reach-f8-developer-conference. Julie McCarthy, “Should India’s Internet Be Free of Charge, Or Free of Control?”All Tech Considered, NPR,Feb.11,2016,www.npr.org/sections/alltechconsidered/2016/02/11/466298459/ should-indias-internet-be-free-of-charge-or-free-of-control.
The 400-page FCC rule document is at transition.fcc.gov/Daily_Releases/Daily_ Business/2015/db0312/FCC-15-24A1.pdf.
U.S. Telecom Association v. FCC.
Alan Davidson, “Vint Cerf Speaks Out on Net Neutrality,” Google Blog, googleblog. blogspot.com/2005/11/vint-cerf-speaks-out-on-net-neutrality.html. Matt McFarland, “5 Insights from Vint Cerf on Bitcoin, Net Neutrality and More,” Washington Post, Oct.10, 2014,www.washingtonpost.com/news/innovations/wp/2014/10/10/5-insights- from-vinton-cerf-on-bitcoin-net-neutrality-and-more/.
David Farber, “A note on Net Neutrality and my reaction to the current ‘debate,’” quoted from the post on seclists.org/interesting-people/2006/Mar/216. Steve Lohr, “In Net Neutrality Push, F.C.C. is Expected to Propose Regulating Internet Service as a Utility,” New York Times, Feb. 2, 2015, www.nytimes.com/2015/02/03/technology/ in-net-neutrality-push-fcc-is-expected-to-propose-regulating-the-internet-as-a- utility.html.
L. Gordon Crovitz, “Horror Show: Hollywood vs. Silicon Valley,” Wall Street Jour- nal, Nov. 28, 2011, online.wsj.com/article/SB100014240529702044521045770598 94208244720.html.
Backchannel, Jan. 5, 2015, backchannel.com/less-than-zero-199bcb05a868.
Robert D. Atkinson, “Leveling the E-Commerce Playing Field: Ensuring Tax and Regulatory Fairness for Online and Offline Businesses,” Progressive Policy Institute, www.ppionline.org, June 30, 2003.
Massimo Calabresi, “Quick, Hide the Tanks!” Time, May 15, 2000, p. 60.
Kathryn Rubino, “‘Working Here Is Psychological Torture’: Law Firm Sues over Anonymous Comments,” Above the Law, May 16, 2016, abovethelaw.com/2016/05/ working-here-is-psychological-torture-law-firm-sues-over-anonymous-comments/.
Chapter 4: Intellectual Property
2. Nicholas Negroponte, “Being Digital,” Wired, Feb. 1995, p. 182.
3. Pamela Samuelson, “Copyright and Digital Libraries,” Communications of the ACM, Apr. 1995, 38:3, pp. 15–21, 110.
4. Laura Didio, “Crackdown on Software Bootleggers Hits Home,” LAN Times, Nov. 1, 1993, 10:22.
5. David Price, “Sizing the Piracy Universe,” NetNames, Sept. 2013, copyrightalliance. org/sites/default/files/2013-netnames-piracy.pdf.
6. We used several sources for the history in this section in addition to sources cited in individual endnotes: National Research Council, Intellectual Property Issues in Software, National Academy Press, 1991; Neil Boorstyn and Martin C. Fliesler, “Copyrights, Computers, and Confusion,” California State Bar Journal, Apr. 1981, pp. 148–152; Judge Richard Stearns, United States of America v. David LaMacchia, 1994; Robert A. Spanner, “Copyright Infringement Goes Big Time,” Microtimes, Mar. 8, 1993, p. 36.
7. The piano roll case is White-Smith Publishing Co. v. Apollo, reported in Boorstyn and Fliesler, “Copyrights, Computers, and Confusion.”
8. Data Cash Systems v. JS & A Group, reported in Boorstyn and Fliesler, “Copyrights, Computers, and Confusion.”
9. In Feist Publications, Inc. v. Rural Telephone Service Company, Inc., the Supreme Court ruled that Rural Telephone Service’s telephone directory did not meet the requirement for copyright protection.
10. U.S. Code Title 17, Section 107.
11. Helen Nissenbaum, “Should I Copy My Neighbor’s Software?” in Deborah G. Johnson and Helen Nissenbaum, Computers, Ethics & Social Values, Prentice Hall, 1995, pp. 201–213.
12. Vanderhye v. IParadigms LLC, decided Apr. 16, 2009, U.S. Court of Appeals, Fourth Circuit, caselaw.findlaw.com/us-4th-circuit/1248473.html.
13. Sony Corporation of America v. Universal City Studios, Inc., 464 U.S. 417(1984). Pamela Samuelson, “Computer Programs and Copyright’s Fair Use Doctrine,” Com- munications of the ACM, Sept. 1993, 36:9, pp. 19–25.
14. “9th Circuit Allows Disassembly in Sega vs. Accolade,” Computer Law Strate- gist, Nov. 1992, 9:7, pp. 1, 3–5. “Can You Infringe a Copyright While Analyzing a Competitor’s Program?” Legal Bytes, George, Donaldson & Ford, L.L.P., publisher, Winter 1992–93, 1:1, p. 3. Pamela Samuelson, “Copyright’s Fair Use Doctrine and Digital Data,” Communications of the ACM, Jan. 1994, 37:1, pp. 21–27.
15. Sony Computer Entertainment, Inc. v. Connectix Corporation, U.S. 9th Circuit Court of Appeal, No. 99-15852, Feb. 10, 2000.
16. Karl Taro Greenfeld, “The Digital Reckoning,” Time, May 22, 2000, p. 56.
17. Stuart Luman and Jason Cook, “Knocking Off Napster,” Wired, Jan. 2001, p. 89. Karl Taro Greenfeld, “Meet the Napster,” Time, Oct. 2, 2000, pp. 60–68. “Napster Univer- sity: From File Swapping to the Future of Entertainment,” June 1, 2000, described in Mary Hillebrand, “Music Downloaders Willing to Pay,” E-Commerce Times, June 8, 2000, www.ecommercetimes.com/story/3512.html.
18. Charles Goldsmith, “Sharp Slowdown in U.S. Singles Sales Helps to Depress Global Music Business,” Wall Street Journal, Apr. 20, 2001, p. B8.
19. A&M Records v. Napster, No. 0016401, Feb. 12, 2001, DC No. CV-99-05183-MHP.
20. David L. Hayes, “A Comprehensive Current Analysis of Software ‘Look and Feel’ Protection,” Fenwick & West LLP, 2000, www.fenwick.com/FenwickDocuments/ Look_-_Feel.pdf.
21. 2015 data from BSA, “BSA Global Software Survey,” May 2016, globalstudy.bsa. org/2016/downloads/studies/BSA_GSS_InBrief_US.pdf.
23. RIAA v. Diamond Multimedia, 1999.
24. Bobbs-Merrill Co. v. Straus, 1908. The first-sale principle became part of copyright law in 1976.
25. Les Vadasz, “A Bill that Chills,” Wall Street Journal, July 21, 2002, p. A10.
26. Some of the examples here and many others appear in Root Jonez, “Unintended Con- sequences: Twelve Years under the DMCA,” Electronic Frontier Foundation, Mar. 3, 2010, www.eff.org/press/archives/2010/03/03.
27. Scarlet Pruitt, “Norwegian Authorities Indict Creator of DeCSS,” CNN.com, Jan. 14, 2002, www.cnn.com/2002/TECH/industry/01/14/decss.writer.idg/index.html.
28. Universal City Studios, Inc. v. Reimerdes, 111 F.Supp.2d 294 (S.D.N.Y. 2000).
29. David S. Touretzky, a computer science professor at Carnegie Mellon University, col- lected many forms of expressing DeCSS on his website, “Gallery of CSS Descram- blers,” www.cs.cmu.edu/~dst/DeCSS/Gallery/.
30. The paper leaked and appeared on the Web. It was eventually published at a computer security conference. Scott A. Craver et al., “Reading Between the Lines: Lessons from the SDMI Challenge,” www.usenix.org/events/sec01/craver.pdf.
31. Jonez, “Unintended Consequences.” Felten et al. v. RIAA, SDMI, et al. The statement by the ACM, one of the major organizations for professional and academic computer scientists, is at cacm.acm.org/magazines/2001/10/7240-viewpoint-the-acm-declaration- in-felten-v-riaa/fulltext.
32. “Unintended Consequences: Sixteen Years Under the DMCA,” Electronic Frontier Foundation, www.eff.org/files/2014/09/16/unintendedconsequences2014.pdf.
34. Copyright Office, Library of Congress, “Section 1201 Exemption to Prohibition Against Circumvention of Technological Measures Protecting Copyrighted Works,” www.copyright.gov/1201/. Marcia Hofmann and Corynne McSherry, “The 2012 Rulemaking: What We Got, What We Didn’t and How to Improve the Process Next Time,” Electronic Frontier Foundation, Nov. 2, 2012, www.eff.org/deeplinks/2012/ 11/2012-dmca-rulemaking-what-we-got-what-we-didnt-and-how-to-improve. Parker Higgins et al., “Victory for Users: Librarian of Congress Renews and Expands Protections for Fair Uses,” Oct. 27, 2015, www.eff.org/deeplinks/2015/10/ victory-users-librarian-congress-renews-and-expands-protections-fair-uses.
35. Hannah Karp, “Music Industry Out of Harmony with YouTube on Tracking of Copy- righted Music,” Wall Street Journal, June 28, 2016, www.wsj.com/articles/industry- out-of-harmony-with-youtube-on-tracking-of-copyrighted-music-1467106213.
36. Jennifer M. Urban and Laura Quilter, “Summary Report: Efficient Process or ‘Chill- ing Effects’? Takedown Notice under Section 512 of the Digital Millennium Copy- right Act,” full report in Santa Clara Journal of High Tech Law and Technology, Mar. 2006, digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1413&context
38. Ryan Singel, “Movie Studios Sue Streaming Movie Site Zediva,” Wired, Apr. 4, 2011, www.wired.com/epicenter/2011/04/mpaa-sues-zediva, and Barbara Ortutay, “Movie Studios Win Lawsuit against Zediva,” Oct. 31, 2011, www.yahoo.com/news/ movie-studios-win-lawsuit-against-182614348.html.
39. American Broadcasting Companies v. Aereo, 2014.
40. Joe Mullin, “How ‘Cyberlockers’ Became the Biggest Problem in Piracy,” Jan. 19, 2011, gigaom.com/2011/01/20/419-how-cyberlockers-became-the-biggest-problem- in-piracy/. Geoffrey A. Fowler, Devlin Barrett, and Sam Schechner, “U.S. Shuts Offshore File-Share ‘Locker,’” Wall Street Journal, Jan. 20, 2012, www.wsj.com/ articles/SB10001424052970204616504577171060611948408. Brett Danaher and Michael D. Smith, “Did Shutting Down Megaupload Impact Digital Movie Sales?” Initiative for Digital Entertainment Analytics, Carnegie Mellon University, idea. heinz.cmu.edu/2013/03/07/megaupload/. Brett Danaher and Michael D. Smith, “Gone in 60 Seconds: The Impact of the Megaupload Shutdown on Movie Sales,” Social Science Research Network, Sept. 14, 2013, papers.ssrn.com/sol3/papers.cfm? abstract_id=2229349.
41. Harro Ten Wolde and Eric Auchard, “Germany’s Top Publisher Bows to Google in News Licensing Row,” Reuters, Nov. 5, 2014, www.reuters.com/article/2014/11/05/ us-google-axel-sprngr-idUSKBN0IP1YT20141105. Steven Musil, “Google News Intellectual Property to Close Up Shop in Spain in Response to New Law,” CNet, Dec. 10, 2014, www.cnet.com/news/google- news-to-close-up-shop-in-spain-in-response-to-new-law. Anna Solana, “The Google News effect: Spain Reveals the Winners and Losers from a ‘Link Tax,’” ZDNet, Aug. 14, 2015, www.zdnet.com/article/the-google-news-effect- spain-reveals-the-winners-and-losers-from-a-link-tax.
42. Judge Denny Chin, The Author’s Guild et al. v. Google, Inc., Case 1:05-cv-08136-D, Nov. 14, 2013, www.nysd.uscourts.gov/cases/show.php?db=special&id=355.
43. Quoted in The Authors Guild, “Supreme Court Declines to Review Fair Use Find- ing in Decade-Long Book Copying Case against Google,” Apr. 18, 2016, www. authorsguild.org/industry-advocacy/supreme-court-declines-review-fair-use- finding-decade-long-book-copying-case-google/.
44. See Yochai Benkler, “Coase’s Penguin, or Linux and The Nature of the Firm,” The Yale Law Journal, Dec. 2002, pp. 369–446, for an analysis of the phenomenon of peer production: www.yale.edu/yalelj/112/BenklerWEB.pdf.
45. The Free Software Directory, directory.fsf.org/wiki/Main_Page.
46. “What Is Copyleft?” www.gnu.org/philosophy.
47. Andy Updegrove, “A Big Victory for F/OSS: Jacobsen v. Katzen Is Settled,” The Standards Blog, ConsortiumInfo.org, Feb. 19, 2010, www.consortiuminfo.org/ standardsblog/article.php?story=201002190850472.
48. This is a brief summary of Stallman’s views. See his article “Why Software Should Be Free” and many others at the GNU website, www.gnu.org/philosophy.
49. David Drummond, “When Patents Attack Android,” The Official Google Blog, Aug. 3, 2011, googleblog.blogspot.com/2011/08/when-patents-attack-android.html. For a diagram illustrating this statement, see Steve Lohr, “A Bull Market in Tech Pat- ents,” New York Times, Aug. 16, 2011, www.nytimes.com/2011/08/17/technology/ a-bull-market-in-tech-patents.html.
50. The estimated number of software patents and the analogy of each patent to a new law is from Brian Kahin, “Software Patents: Separating Rhetoric from Facts,” Science Progress, May 15, 2013, scienceprogress.org/2013/05/software-patents-separating- rhetoric-from-facts/.
51. Charles Forelle and Suein Hwang, “IBM Hits Amazon with E-Commerce Patent Suit,” Wall Street Journal, Oct. 24, 2006, p. A3.
52. This summary uses information from several articles by Joe Mullin in Ars Technica, including “A Year After Trial, USPTO Knocks Out Apple’s ‘Pinch to Zoom’ Patent,” July 29, 2013, arstechnica.com/tech-policy/2013/07/a-year-after-trial-uspto-knocks- out-apples-pinch-to-zoom-patent/, and “Apple’s $120M Verdict Against Sam- sung Destroyed on Appeal,” Feb. 26, 2016, arstechnica.com/tech-policy/2016/02/ appeals-court-reverses- apple-v-samsung-ii-strips-away-apples-120m-jury-verdict/.
53. We found this definition at www.investopedia.com/terms/p/patent-troll.asp.
54. Kent Walker, “Patents and Innovation,” The Official Google Blog, Apr. 4, 2011, googleblog.blogspot.com/2011/04/patents-and-innovation.html. The Nortel patents were sold in a bankruptcy auction.
55. Key cases are Diamond v. Diehr, 450 U.S. 175 (1981); State Street Bank & Trust Co. v. Signature Financial Group, 1998; In re Bilski, Federal Circuit, 2008; Bilski v. Kappos, June 28, 2010, www.supremecourt.gov/opinions/09pdf/08-964.pdf. See also Daniel Tysver, “Are Software and Business Methods Still Patentable after the Bilski Decisions?” Bitlaw, 2010, www.bitlaw.com/software-patent/bilski-and-software-patents.html.
56. Bilski v. Kappos.
57. For discussion of the case, Alice Corp. v. CLS Bank, and its implications, see www.scotusblog.com/case-files/cases/alice-corporation-pty-ltd-v-cls-bank- international/.
58. Bilski v. Kappos.
59. This exercise is based on the Los Angeles Times v. Free Republic case. The court’s decision in favor of the newspapers seems inconsistent with the reasoning in the reverse engineering cases described in Section 4.2 and other fair use cases. It was criticized by some scholars.
60. The designer, Shepard Fairey, and AP settled out of court in 2011, with some details of the settlement confidential. Fairey later pleaded guilty to fabricating documents and lying during the litigation process.
61. This exercise was sparked by a brief note in Helen Nissenbaum, “Should I Copy My Neighbor’s Software?” in Deborah G. Johnson and Helen Nissenbaum, Computers, Ethics & Social Values, Prentice Hall, 1995, p. 213.
62. In a few such cases the software support companies were found to have infringed copyright. In 2010, Oracle won a large jury award from SAP for actions of its Tomor- rowNow unit, which provided support for Oracle software.
63. Barbara R. Bergmann and Mary W. Gray, “Viewpoint: Software as a Public Good,” Communications of the ACM, Oct. 1993, 36:10, pp. 13–14.
Chapter 5: Crime and Security
1. Eric S. Raymond, ed., New Hacker’s Dictionary, MIT Press, 1993.
2. Quoted in J. D. Bierdorfer, “Among Code Warriors, Women, Too, Can Fight,”
New York Times, June 7, 2001, pp. 1, 9.
3. Jon A. Rochlis and Mark W. Eichin, “With Microscope and Tweezers: The Worm from MIT’s Perspective,” Communications of the ACM, 32:6, June 1989, pp. 689–698.
4. Lev Grossman, “Attack of the Love Bug,” Time, May 15, 2000, pp. 48–56.
5. The Swedish site was The Pirate Bay; Ivar Ekman, “File-Sharing Crackdown and Backlash in Sweden,” International Herald Tribune, June 5, 2006, p. 1. Jason Scheier, “Sony Hack Probe Uncovers ‘Anonymous’ Calling Card,” Wired, May 4, 2011, www. wired.com/gamelife/2011/05/sony-playstation-network-anonymous.
6. Robin Sidel, “Mobile Bank Heist: Hackers Target Your Phone,” Wall Street Journal, Aug. 26, 2016, www.wsj.com/articles/mobile-bank-heist-hackers-target-your-phone- 1472119200. Hayley Tsukayama, “Facebook Security Breach Raises Concerns,” Washington Post, Nov. 15, 2011, www.washingtonpost.com/business/economy/ facebookhack-raises-security-concerns/2011/11/15/gIQAqCyYPN_story.html.
7. Eduard Kovacs, “Conficker Worm Shipped with Police Body Cameras,” Security Week, Nov. 16, 2015, www.securityweek.com/conficker-worm-shipped-police-body- cameras.
8. “How to Protect Your Network from Ransomware,” U.S. Department of Justice, www.justice.gov/criminal-ccips/file/872771/download.
9. Aaron Katerksky, “Dozens of Arrests in ‘Blackshades’ Hacking Around the World,” ABC News, May 19, 2014, abcnews.go.com/Blotter/dozens-arrests-blackshades- hacking-world/story?id=23778246.
10. Sean Gallagher, “How One Rent-a-botnet Army of Cameras, DVRs Caused Internet Chaos,” Ars Technica, Oct. 25, 2016, arstechnica.com/information-technology/2016/ 10/inside-the-machine-uprising-how-cameras-dvrs-took-down-parts-of-the-internet.
11. Victoria Murphy Barret, “Spam Hunter,” Forbes, July 23, 2007, members.forbes. com/forbes/2007/0723/054.html.
12. Dan Goodin, “iPhone Hack that Threatened Emergency 911 System Lands Teen in Jail,” Ars Technica, Oct. 28, 2016, arstechnica.com/security/2016/10/teen-arrested-for- iphone-hack-that-threatened-emergency-911-system/. Gallagher, “How One Rent-a- botnet Army of Cameras, DVRs Caused Internet Chaos.” Nicole Perlroth, “Hackers Used New Weapons to Disrupt Major Websites Across U.S.” New York Times, Oct. 21, 2016, www.nytimes.com/2016/10/22/business/internet-problems-attack.html?_ r=0. Brian Krebs, “IoT Device Maker Vows Product Recall, Legal Action Against Western Accusers,” Krebs on Security, Oct. 24, 2016, krebsonsecurity.com/2016/10/ iot-device-maker-vows-product-recall-legal-action-against-western-accusers/.
13. John J. Fialka, “The Latest Flurries at Weather Bureau: Scattered Hacking,” Wall Street Journal, Oct. 10, 1994, pp. A1, A6.
14. Erin Fuchs, “Identity Theft Now Costs More than All Other Property Crimes Com- bined,” Business Insider, Dec. 12, 2013, www.businessinsider.com/bureau-of-justice- statistics-identity-theft-report-2013-12.
15. Sources for this section include: Brian Krebs, “New Clues in the Target Breach,” Krebs on Security, Jan. 29, 2014, krebsonsecurity.com/2014/01/new-clues-in-the- target-breach/; Brian Krebs, “The Target Breach, By the Numbers,” Krebs on Secu- rity, May 6, 2014, krebsonsecurity.com/2014/05/the-target-breach-by-the-numbers/; Brian Krebs, “Inside Target Corp., Days After 2013 Breach,” Krebs on Security, Sept. 21, 2015, krebsonsecurity.com/2015/09/inside-target-corp-days-after-2013-breach/; Sara Peters, “The 7 Best Social Engineering Attacks Ever,” Dark Reading, Infor- mation Week, Mar. 17, 2015, www.darkreading.com/the-7-best-social-engineer- ing-attacks-ever/d/d-id/1319411?image_number=8; and Thor Olavsrud, “11 Steps Attackers Took to Crack Target,” CIO, Sept. 2, 2014, www.cio.com/article/2600345/ security0/11-steps-attackers-took-to-crack-target.html.
16. Mark Manion and Abby Goodrum, “Terrorism or Civil Disobedience: Toward a Hacktivist Ethic,” in Richard A. Spinello and Herman T. Tavani, eds., Readings in CyberEthics, Jones and Bartlett, 2001, pp. 463–473.
17. In Cheryl Pellerin, “DOD Releases First Strategy for Operating in Cyberspace,”
U.S. Department of Defense, American Forces Press Service, July 14, 2011, archive. defense.gov/news/newsarticle.aspx?id=64686.
18. Many news stories covered this incident. See, for example, L. Gordon Crovitz, “China Goes Phishing,” Wall Street Journal, June 6, 2011, www.wsj.com/articles/ SB10001424052702303657404576363374283504838.
19. Many news stories covered these and other incidents. See, for example: US-China Economic and Security Review Commission, “2010 Report to Congress,” p. 243, origin.www.uscc.gov/sites/default/files/annual_reports/2010-Report-to-Congress. pdf; Alex Spillius, “China and Russia Hack into US Power Grid,” The Telegraph, Apr. 8, 2009, www.telegraph.co.uk/news/worldnews/asia/china/5126584/China- and-Russia-hack-into-US-power-grid.html; Richard Clarke, “China’s Cyberassault on America,” Wall Street Journal, June 15, 2011, www.wsj.com/articles/SB10001 424052702304259304576373391101828876; and Jim Wolf, “China Key Suspect in US Satellite Hacks: Commission,” Reuters, Oct. 28, 2011, www.reuters.com/ article/2011/10/28/china-usasatellite-idUSN1E79R1LK20111028.
20. Jonathan Fildes, “Stuxnet Worm ‘Targeted High-Value Iranian Assets,’” BBC News, Sept. 23, 2010, www.bbc.co.uk/news/technology-11388018. David Sanger, “Obama Order Sped Up Wave of Cyberattacks against Iran,” New York Times, June 1, 2012, www.nytimes.com/2012/06/01/world/middleeast/obama-ordered-wave-of-cyberat- tacks_against-iran.html.
21. Glenn Greenwald, “How the NSA Tampers with U.S.-made Internet Routers,” The Guardian, May 12, 2014, www.theguardian.com/books/2014/may/12/glenn- greenwald-nsa-tampers-us-internet-routers-snowden.
22. Dan Goodin, “Critical Crypto Bug in OpenSSL Opens Two-thirds of the Web to Eavesdropping,” Ars Technica, Apr. 7, 2014, arstechnica.com/security/2014/04/ critical-crypto-bug-in-openssl-opens-two-thirds-of-the-web-to-eavesdropping/.
23. Steve Marquess, “Of Money, Responsibility, and Pride,” Speeds and Feeds Blog, Apr. 12, 2014, veridicalsystems.com/blog/of-money-responsibility-and- pride/. Marquess is president of the OpenSSL Software Foundation. Jon Brodkin, “Tech Giants, Chastened by Heartbleed, Finally Agree to Fund OpenSSL,” Ars Technica, Apr. 24, 2014, arstechnica.com/information-technology/2014/04/tech- giants-chastened-by-heartbleed-finally-agree-to-fund-openssl/.
24. “Internet of Things Research Study, 2015 Report,” Hewlett Packard, Nov. 2015, www8.hp.com/h20195/V2/GetPDF.aspx/4AA5-4759ENW.pdf.
25. Elinor Mills, “Expert Hacks Car System, Says Problems Reach to SCADA Systems,” CNet News, July 26, 2011, news.cnet.com/8301-27080_3-20083906-245/exper- thacks-car-system-says-problems-reach-to-scada-systems. Joris Evers, “Don’t Let Your Navigation System Fool You,” CNet News, Apr. 20, 2007, news.com.com. Andy Greenberg, “Hackers Remotely Kill a Jeep on the Highway—With Me in It,” Wired, July 21, 2015, www.wired.com/2015/07/hackers-remotely-kill-jeep-highway/.
26. John R. Wilke, “In the Arcane Culture of Computer Hackers, Few Doors Stay Closed,” Wall Street Journal, Aug. 22, 1990, pp. A1, A4.
27. Barbara Carton, “An Unsolved Slaying of an Airline Worker Stirs Family to Action,”
Wall Street Journal, June 20, 1995, p. A1, A8.
28. Saul Hansell, “U.S. Workers Stole Data on 11,000, Agency Says,” New York Times, Apr. 6, 1996, p. 6.
29. William J. Lynn III, “Defending a New Domain,” Foreign Affairs, Sept./Oct. 2010, www.foreignaffairs.com/articles/united-states/2010-09-01/defending-new-domain.
30. Joseph Pereira, “How Credit-Card Data Went Out Wireless Door,” Wall Street Jour- nal, May 4, 2007, pp. A1, A12. In 2011, hackers collected unencrypted sensitive client data from a firm that analyzes international security for government agencies, banks, oil companies, and other large companies. Source: www.telegraph.co.uk/technology/ news/8980453/Anonymous-Robin-Hood-hacking-attack-hits-major-firms.html.
31. Kim Zetter, “How America’s 911 Emergency Response System Can Be Hacked,” Washington Post, Sept. 9, 2016, www.washingtonpost.com/news/the-switch/wp/ 2016/09/09/how-americas-911-emergency-response-system-can-be-hacked/.
32. Robert Lemos, “Stock Scammer Gets Coal for the Holidays,” The Register, Dec. 28, 2006, www.theregister.co.uk/2006/12/28/sec_freezes_stock_scammer_accounts.
33. William M. Bulkeley, “How Biometric Security Is Far from Foolproof,” Wall Street Journal, Dec. 12, 2006, p. B3.
34. Thom Shanker and Elisabeth Bulmiller, “Hackers Gained Access to Sensitive Military Files,” New York Times, July 14, 2011, www.nytimes.com/2011/07/15/ world/15cyber.html?pagewanted=all. Pellerin, “DOD Releases First Strategy for Operating in Cyberspace.” Robert McMillan, “Security Experts Say NSA-Linked Hacking Effort Was Itself Compromised,” Wall Street Journal, Aug. 17, 2016, www.wsj.com/articles/security-experts-say-nsa-linked-hacking-effort-was-itself- compromised-1471458035.
35. Robert McMillan, “Mark Zuckerberg’s Twitter and Pinterest Accounts Hacked,” Wall Street Journal, June 7, 2016, www.wsj.com/articles/mark-zuckerbergs-twitter-and- pinterest-accounts-hacked-1465251954.
36. Morgan Slain, “Announcing Our Worst Passwords of 2015,” TeamsID, SplashData, Jan. 19, 2015, www.teamsid.com/worst-passwords-2015/.
37. Quoted in Alex Hern, “Google CEO Sundar Pichai Joins Long List of Celebrities Hacked by OurMine Group,” The Guardian, June 28, 2016, www.theguardian.com/ technology/2016/jun/28/sundar-pichai-hacked-ourmine-group-bitly.
38. Darlene Storm, “Hack to Steal Cars with Keyless Ignition: Volkswagen Spent 2 Years Hiding Flaw,” Computerworld, Aug. 17, 2015, www.computerworld.com/ article/2971826/cybercrime-hacking/hack-to-steal-cars-with-keyless-ignition- volkswagen-spent-2-years-hiding-flaw.html.
39. Marc L. Songini, “Hospital Confirms Copying of Patient Files by Hacker,” Com- puterworld, Dec. 15, 2000, www.computerworld.com/article/2589907/data-privacy/ hospital-confirms-copying-of-patient-files-by-hacker.html.
40. Kim Zetter, “Appeals Court Overturns Conviction of AT&T Hacker ‘Weev’,” Wired, Apr. 11, 2014, www.wired.com/2014/04/att-hacker-conviction-vacated/.
41. John Schwartz, “Industry Fights Wiretap Proposal,” Washington Post, Mar. 12, 1994, pp. C1, C7.
42. The Security and Freedom through Encryption Act (SAFE), as amended by the House Intelligence Committee, Sept. 11, 1997.
43. Robert McMillan, “San Bernardino County Had Software that Could Have Given FBI Access to Shooter’s iPhone,” Wall Street Journal, Feb. 22, 2016, www.wsj.com/ articles/san-bernardino-county-had-software-that-could-have-given-fbi-access-to- shooters-iphone-1456184504. Martyn Williams, “FBI Director Admits Mistake Was Made with San Bernardino iCloud Reset,” Computerworld, Mar. 1, 2016, www.com- puterworld.com/article/3039838/security/fbi-director-admits-mistake-was-made- with-san-bernadino-icloud-reset.html. Katie Benner and Eric Lichtblau, “U.S. Says It Has Unlocked iPhone Without Apple,” New York Times, Mar. 28, 2016, www. nytimes.com/2016/03/29/technology/apple-iphone-fbi-justice-department-case. html?_r=0.
44. Editorial, “Apple Is Right on Encryption,” Wall Street Journal, Mar. 1, 2016, www. wsj.com/articles/apple-is-right-on-encryption-1456877827.
45. United States v. Drew, 259 F.R.D. 449 (C.D.Cal.), 2009.
46. Harold Abelson et al., Report to the President: MIT and the Prosecution of Aaron Swartz,” July 26, 2013, swartz-report.mit.edu/docs/report-to-the-president.pdf; Marcella Bombardieri, “The Inside Story of MIT and Aaron Swartz,” Boston Globe, Mar. 30, 2014, www.bostonglobe.com/metro/2014/03/29/the-inside-story-mit-and- aaron-swartz/YvJZ5P6VHaPJusReuaN7SI/story.html.
47. Orin Kerr, “9th Circuit: It’s a Federal Crime to Visit a Website After Being Told Not to Visit It,” Washington Post, July 12, 2016, www.washingtonpost.com/news/volokh- conspiracy/wp/2016/07/12/9th-circuit-its-a-federal-crime-to-visit-a-website-after- being-told-not-to-visit-it/. The case is Facebook v. Power Ventures and the appeals court decision is at cdn.ca9.uscourts.gov/datastore/opinions/2016/07/12/13-17102.pdf.
48. Peter Tippett, quoted in Kim Zetter, “Freeze! Drop That Download!” PC World, Nov. 16, 2000, www.pcworld.com/article/34406/article.html. The article includes pros and cons of criminalizing virus writing and a discussion of other means of reducing viruses.
49. Bruce Sterling, The Hacker Crackdown: Law and Disorder on the Electronic Frontier, Bantam Books, 1992, pp. 13–14.
50. Craig Bromberg, “In Defense of Hackers,” New York Times Magazine, Apr. 21, 1991, pp. 45–49. Gary Wolf, “The World According to Woz,” Wired, Sept. 1998, pp. 118– 121, 178–185. Richard P. Feynman, Surely You’re Joking, Mr. Feynman: Adventures of a Curious Character, W. W. Norton, 1984, pp. 137–155.
51. Gareth Finighan, “U.S. Citizen Jailed for More than Two Years in Thailand,” Daily Mail, www.dailymail.co.uk/news/article-2071468/Joe-Gordon-US-citizen- jailed-Thailand-posting-online-excerpts-book-banned-king.html, Dec. 8, 2011.
52. Lisa Guernsey, “Welcome to the Web. Passport, Please?” New York Times, Mar. 15, 2001, pp. D1, D8.
53. Pete Harrison, “Online Gambling Stocks DiveAgain,” Reuters UK, Sept. 7, 2006, www. gamesandcasino.com/gambling-news/online-gambling-stocks-dive-again-as-us-doj- holds-gaming-executive-again/147.htm. Pete Harrison, “Sportingbet Arrest Sparks Fears of Wider Crackdown,” Reuters, Sept. 8, 2006, go.reuters.com. Bloomberg News, “Gambling Executive Sentenced to Prison,” New York Times, Jan. 8, 2010, www.nytimes.com/2010/01/09/business/09gamble.html. Kristen Hinman, “David Carruthers: From House Arrest to Prison,” Riverfront Times, Jan. 8, 2010, www.river- fronttimes.com/newsblog/2010/01/08/david-carruthers-from-house-arrest-to-prison.
54. Quoted in Harrison, “Sportingbet Arrest Sparks Fears.”
55. Tom Zeller, Jr., “Times Withholds Web Article in Britain,” New York Times, Aug. 29, 2006, www.nytimes.com/2006/08/29/business/media/29times.html.
56. Robert Corn-Revere, “Caught in the Seamless Web: Does the Internet’s Global Reach Justify Less Freedom of Speech?” Cato Institute, July 24, 2002, p. 7.
57. Jack Goldsmith and Tim Wu, Who Controls the Internet? Illusions of a Borderless World, Oxford University Press, 2006, p. 149.
58. In Donn Seeley, “Password Cracking: A Game of Wits,” Communications of the ACM, June 1989, 32:6, pp. 700–703, reprinted in Peter J. Denning, ed., Computers under Attack: Intruders, Worms, and Viruses, Addison-Wesley, 1990, pp. 244–252.
Chapter 6: Work
CPU: Working in the Computer Industry, Computer Professionals for Social Respon- sibility, Feb. 15, 1995, www.cpsr.org/prevsite/program/workplace/cpu.013.html.
J. M. Fenster, “Seam Stresses,” Great Inventions That Changed the World, American Heritage, 1994.
Interview with Ann Curry, Today, NBC, June 14, 2011, described in Rebecca Kaplan, “Obama Defends Economic Policies, Need for Tax Increases In ‘Today’ Interview,” National Journal, June 14, 2011, townhall.com/news/politics-elections/2011/06/14/ obama_defends_economic_policies,_need_for_tax_increases_in_today_ interview. The video of the interview is at today.msnbc.msn.com/id/26184891/vp/ 43391550#43391550.
Associated Press, “Electronic Dealings Will Slash Bank Jobs, Study Finds,” Wall Street Journal, Aug. 14, 1995, p. A5D. W. Michael Cox and Richard Alm, Myths of Rich and Poor: Why We’re Better Off than We Think, Basic Books, 1999, p. 129. G. Pascal Zachary, “Service Productivity Is Rising Fast—and So Is the Fear of Lost Jobs,” Wall Street Journal, June 8, 1995, p. A1. Lauren Etter, “Is the Phone Company Violating Your Privacy?” Wall Street Journal, May 13–14, 2006, p. A7.
Cox and Alm, Myths of Rich and Poor, p. 129. Alejandro Bodipo-Memba, “Jobless Rate Skidded to 4.4% in November,” Wall Street Journal, Dec. 7, 1998, pp. A2, A8.
Fenster, “Seam Stresses”
“High-Tech Added 200,000 Jobs Last Year,” Wall Street Journal, May 19, 1998. “Chip-Industry Study Cites Sector’s Impact on U.S. Economy,” Wall Street Jour- nal, Mar. 17, 1998, p. A20. Fatemeh Hajiha, “Employment Changes from 2001 to 2005 for Occupations Concentrated in the Finance Industries,” U.S. Bureau of Labor Statistics, www.bls.gov/oes/2005/may/changes.pdf. “Retail Sales Workers,” Occu- pational Outlook Handbook, U.S. Department of Labor, Bureau of Labor Statistics, www.bls.gov/ooh/sales/retail-sales-workers.htm.
8. Kimberly Rowe, in a letter to the editor, Wall Street Journal, Aug. 31, 2006, p. A9.
9. “Musicians and Singers,” Occupational Outlook Handbook, U.S. Department of Labor, Bureau of Labor Statistics, www.bls.gov/ooh/entertainment-and-sports/ musicians-and-singers.htm.
Michael Mandel, “Where the Jobs Are: the App Economy,” TechNet, Feb. 27, 2012, www.technet.org/wp-content/uploads/2012/02/TechNet-App-Economy-Jobs- Study.pdf.
Daniel E. Hecker, “Occupational Employment Projections to 2012,” Monthly Labor Review, Feb. 2004, pp. 80–105 (see p. 80), www.bls.gov/opub/mlr/2004/02/ art5full.pdf.
The quotes are from “The OECD Jobs Study: Facts, Analysis, Strategies (1994),” www.oecd.org/dataoecd/42/51/1941679.pdf.
“The OECD Jobs Study,” p. 21.
Phillip J. Longman, “The Janitor Stole My Job,” U.S. News & World Report, Dec. 1, 1997, pp. 50–52. Theodore Caplow, Louis Hicks, and Ben J. Wattenberg, The First Measured Century: An Illustrated Guide to Trends in America, AEI Press, 2001, p. 31.
Longman, “The Janitor Stole My Job.” Amy Merrick, “Erasing ‘Un’ from ‘Unem- ployable,’” Wall Street Journal, Aug. 2, 2007, pp. B1, B6.
Occupational Outlook Handbook, U.S. Department of Labor, Bureau of Labor Sta- tistics, including www.bls.gov/ooh/business-and-financial/accountants-and-auditors. htm,www.bls.gov/ooh/computer-and-information-technology/home.htm,www.bls.gov/ ooh/most-new-jobs.htm, and www.bls.gov/ooh/computer-and-information-technology/ software-developers.htm.
Caplow et al., The First Measured Century, p. 160. Cox and Alm, Myths of Rich and Poor, pp. 18–19. Bureau of Labor Statistics, “Employer Costs for Employee Compensation – September 2015,” Dec. 9, 2015, www.bls.gov/news.release/ecec. nr0.htm. Heidi Shierholz and Lawrence Mishel, “A Decade of Flat Wages The Key Barrier to Shared Prosperity and a Rising Middle Class,” Aug. 21, 2013, www.epi. org/publication/a-decade-of-flat-wages-the-key-barrier-to-shared-prosperity-and- a-rising-middle-class/.
W. Michael Cox and Richard Alm, “You Are What You Spend,” The New York Times, Feb. 10, 2008, www.nytimes.com/2008/02/10/opinion/10cox.html?_r=2. Cox and Alm, Myths of Rich and Poor, pp. 7, 10, 43, 59, 60. U.S. Census Bureau: www.census. gov/const/C25Ann/sftotalmedavgsqft.pdf and www.census.gov/const/C25Ann/ sftotalac.pdf. For the cost of a smartphone in work hours, we used a Bureau of Labor Statistics report that in December 2014, the average worker received $850 per week. The cost, in work time, of some products and services increased. Increases for tax- preparation fees, Amtrak tickets, and the price of a first class stamp perhaps result from more complex tax laws and monopolies. Increases in the average cost of a new car are partly due to the increase in features of new cars.
Joel Kotkin, “Commuting via Information Superhighway,” Wall Street Journal, Jan. 27, 1994, p. A14.
They might have had another motivation. An AFL-CIO official, Dennis Chamot, also commented, “It’s very difficult to organize workers dispersed over a wide geographi- cal area.” (Quoted in David Rubins, “Telecommuting: Will the Plug Be Pulled?” Reason, Oct. 1984, pp. 24–32.)
Angela K. Dills and Sean E. Mulholland, “Ride-sharing, Fatal Crashes, and Crime,” Social Science Research Network, May 31, 2016, papers.ssrn.com/sol3/papers.cfm?abstract_ id=2783797. Gregory Ferenstein, “Ride-Hailing Apps Sharply Reduce Drunken Driving Deaths,” Newsweek, Aug. 21, 2015, www.newsweek.com/ridesharing-apps-sharply- reduce-drunk-driving-deaths-364877. Brad N. Greenwood and Sunil Wattal, “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide,” Social Science Research Network, Jan. 29, 2015.
Jesse Singal, “Should You Trust Uber’s Big New Uber vs. Cab Study?” New York Magazine, July 21, 2015, nymag.com/scienceofus/2015/07/should-you-trust-ubers- big-new-study.html; Ali Meyer, “Report: Uber Serves Low-Income, Minority Neighborhoods 3X More than Taxis,” The Washington Free Beacon, Sept. 14, 2015, freebeacon.com/issues/report-uber-serves-low-income-minority-neighborhoods- 3x-more-than-taxis/.
Study by Alan Krueger of Princeton University and Uber, reported in Brian Solomon, “The Numbers Behind Uber’s Exploding Driver Force,” Forbes, May 1, 2015, www.forbes.com/sites/briansolomon/2015/05/01/the-numbers-behind-ubers- exploding-driver-force. The study found that almost one third of Uber drivers had a full-time job other than driving for Uber, and almost another third worked elsewhere part time.
In one large city, hundreds of taxi drivers were found to have criminal convictions, including for domestic violence and driving while intoxicated: Ted Oberg, “Why Does the City of Houston Allow Ex-convicts as Cabbies?” ABC13 Eyewitness News, Apr. 25, 2014, abc13.com/archive/9515494/.
The U.S case is Douglas O’Connor v. Uber Technologies, Inc.; the judge rejected a settlement in 2016. The British case and impacts on other companies are in Dara Kerr, “UK Court Rules Uber Drivers Are Employees, Not Contractors,” CNet, Oct. 28, 2016, www.cnet.com/news/uber-uk-court-ruling-drivers-employees- not-contractors/; and Tom Mendelsohn, “Uber Drivers Are Company Employ- ees Not Self-employed Contractors,” Ars Technica, Oct. 31, 2016, arstechnica. com/tech-policy/2016/10/uber-drivers-employees-uk-court-ruling/. More than a million people worldwide drive for Uber, which had fewer than 7000 employ- ees in 2016. If all the drivers became employees, Uber would be one of the five largest corporate employers in the world. Luz Lazo, “Uber Turns 5, Reaches 1 Million Drivers and 300 Cities Worldwide. Now What?” Washington Post, June 4, 2015, www.washingtonpost.com/news/dr-gridlock/wp/2015/06/04/uber- turns-5-reaches-1-million-drivers-and-300-cities-worldwide-now-what/. Paul Sawers, “Instacart Opens Part-time Employee Roles to Contractors in All 16 U.S. Markets, VentureBeat, Aug. 17, 2015, venturebeat.com/2015/08/17/instacart- opens-part-time-employee-roles-to-contractors-in-all-16-u-s-markets/.
Agence France-Presse, “Uber Ordered to Pay €1.2m to French Taxi Union by Paris Court,” The Guardian, Jan. 27, 2016, www.theguardian.com/technology/2016/ jan/27/uber-ordered-pay-france-national-union-taxis-paris-court. Sam Schechner, Douglas Macmillan, and Nick Kostov, “French Court Convicts Uber of Violating Transport, Privacy Laws,” Wall Street Journal, June 9, 2016.
Walter Isaacson, Steve Jobs, Simon & Schuster, 2011, Chapter 41.
Linda Levine, “Unemployment Through Layoffs and Offshore Outsourcing,” Con- gressional Research Service, Dec. 22, 2010, digitalcommons.ilr.cornell.edu/cgi/ viewcontent.cgi?article=1821&context=key_workplace. Alan S. Blinder, “Offshor- ing: The Next Industrial Revolution?,” Foreign Affairs, Mar./Apr. 2006, www. foreignaffairs.com/articles/2006-03-01/offshoring-next-industrial-revolution.
Blinder, “Offshoring: The Next Industrial Revolution?”
The ideas in this discussion come from Corie Lok, “Two Sides of Outsourcing,” Technology Review, Feb. 2005, p. 33.
My (SB) thanks to my student Anthony Biag, whose questions in class on this issue prompted me to include it in this book.
However, paying too much can have a negative social consequence for the country by attracting people from more important professions. In the Philippines, call center workers can earn more than doctors, according to Don Lee, “The Philippines Has Become the Call-center Capital of the World,” LA Times, Feb. 1, 2015, www.latimes. com/business/la-fi-philippines-economy-20150202-story.html. Foreign-owned firms usually pay more than domestic employers. For example, a study of Indonesia, “Do foreign-owned firms pay more?” by Ann E. Harrison and Jason Scorse of the Univer- sity of California, Berkeley (International Labour Office, Geneva, Working Paper #98, www.ilo.org/wcmsp5/groups/public/---ed_emp/---emp_ent/---multi/documents/ publication/wcms_101046.pdf), found that foreign-owned manufacturers paid unskilled workers 5–10% more and skilled workers 20–35% more than comparable domestic employers.
Jennifer Preston, “Social Media History Becomes a New Job Hurdle,” NewYork Times, July 20, 2011, www.nytimes.com/2011/07/21/technology/social-media-history- becomes-a-new-job-hurdle.html.
In Preston, “Social Media.”
Searching social media is generally legal in the United States and many other countries. Italy is an exception. Italy prohibits monitoring social network activity of employees or seeking information from social networks about job candidates, according to “Employee Misuse of Social Networking Found at 43 Percent Of Businesses, According to Pros- kauer International Labor & Employment Group Survey,” The Metropolitan Corporate Counsel, Aug. 1, 2011, www.metrocorpcounsel.com/articles/15021/employee-misuse- social-networking-found-43-percent-businesses-according-proskauer-int.
Eli M. Cantor, “NLRB provides clarification of an acceptable social media policy,” Los Angeles Daily Journal, www.dailyjournal.com, Dec. 11, 2012.
“Employee Misuse of Social Networking Found at 43 Percent of Businesses.”
Kabrina Krebel Chang, “Facebook Got Me Fired,” Boston University School of Management, May 18, 2011, www.bu.edu/today/2011/facebook-got-me-fired/. Chang’s article mentions several cases and includes valuable discussion of the principles involved. Spanierman, v. Hughes, Druzolowski, and Hylwa, www. ctemploymentlawblog.com/uploads/file/hughes.pdf. Jacob Sullum, “Renton Police Drop Cyberstalking Investigation of Cartoon Creator, Pursue Harassment Claim Instead,” Reason Hit & Run, Sept. 7. 2011, reason.com/blog/2011/09/07/ renton-police-drop-cyberstalki. (The department tried to obtain the identity of an officer who anonymously released a series of satiric “Mr. Fuddlesticks” cartoons about the demotion of the officers and about serious police miscon- duct in the department. The department claimed the cartoons constituted cyber- stalking and harassment and that they created a hostile work environment. The department was severely criticized and ridiculed for its behavior in this incident.) The social service organization is Hispanics United of Buffalo. The case and result are summarized in “Administrative Law Judge Finds New York Non- profit Unlawfully Discharged Employees Following Facebook Posts,” National Labor Relations Board, Sept. 7, 2011, www.nlrb.gov/news-outreach/news-story/ administrative-law-judge-finds-new-york-nonprofit-unlawfully-discharged.
In one scam, an employee scans and charges for cheap items but bags expensive ones for the customer who is an accomplice. Richard C. Hollinger and Lynn Langton, “2005 National Retail Security Survey,” University of Florida, 2006, pp. 6–8. Secu- rity Research Project, University of Florida. Richard C. Hollinger, National Retail Security Survey 2002, reported in “Retail Theft and Inventory Shrinkage,” www. jrrobertssecurity.com/security-news/security-crime-news0024.htm. Calmetta Coleman, “As Thievery by Insiders Overtakes Shoplifting, Retailers Crack Down,” Wall Street Journal, Sept. 8, 2000, p. A1.
Emily Glazer, “P&G Curbs Employees’ Internet Use,” Wall Street Journal, Apr. 4, 2012, www.wsj.com/articles/SB10001424052702304072004577324142847006340. Dana Mattioli, “For Penney’s Heralded Boss, the Shine is Off the Apple,” Wall Street Journal, Feb. 24, 2013, www.wsj.com/articles/SB100014241278873243386045783244315002 36680.
Italy is an exception, as noted above.
Stengart v. Loving Care Agency, Inc., New Jersey Supreme Court, Mar. 30, 2010. Curto v. Medical World Communications, Inc. Holmes v. Petrovich DevelopmentCompany, LLC. See also “Fact Sheet 7: Workplace Privacy and Employee Monitoring,” Privacy Rights Clearinghouse, www.privacyrights.org/fs/fs7-work.htm.
McLaren v. Microsoft, Texas Court of Appeal No. 0597-00824CV, May 28, 1999, cyber.harvard.edu/interactive/events/conferences/2008/09/msvdoj/panel4.
Leinweber v. Timekeeper Systems, 323 NLRB 30 (1997). National Labor Relations Board, “The NLRB and Social Media,” www.nlrb.gov/news-outreach/fact-sheets/ nlrb-and-social-media.
James R. Hagerty, “‘Big Brother’ Keeps an Eye on Fleet of Heavy Equipment,” Wall Street Journal, June 1, 2011, p. B1.
Jeremy Rifkin, “New Technology and the End of Jobs,” in Jerry Mander and Edward Goldsmith, eds., The Case against the Global Economy and for a Turn toward the Local, Sierra Club Books, 1996, pp. 108–121.
Frank Levy and Richard J. Murnane, Dancing with Robots: Human Skills for Com- puterized Work, Third Way, content.thirdway.org/publications/714/Dancing-With- Robots.pdf.
Thanks to Julie L. Johnson for suggesting the idea for this exercise.
Paul Wiseman, “Why Robots, Not Trade, Are Behind So Many Factory Job Losses,” Associated Press, Nov. 2, 2016, apnews.com/265cd8fb02fb44a69cf0eaa2063e11d9/ Mexico-taking-US-factory-jobs?-Blame-robots-instead.
National Science Foundation, “Science and Engineering Indicators 2008, Chapter 2: Higher Education in Science and Engineering,” wayback.archive-it.org/5902/ 20150818072824/ http://www.nsf.gov/statistics/seind08/c2/c2s4.htm
Chapter 7: Evaluating and Controlling Technology
1. From Pope’s poem “An Essay on Criticism.” In Greek mythology, the Pierian spring in Macedonia inspired the Muses and others who drank from it. Pope’s poem turned it into a metaphor for knowledge.
2. Quoted in Stacy Schiff, “Know It All: Can Wikipedia Conquer Expertise?” New Yorker, July 31, 2006, www.newyorker.com/archive/2006/07/31/060731fa_fact. McHenry was an editor at the Encyclopedia Britannica.
3. Soraya Nadia McDonald, “How Internet Hoaxers Tricked the World into Believ- ing this Random Sikh Guy Was a Paris Terrorist,” Washington Post, Nov. 16, 2015, www.washingtonpost.com/news/the-intersect/wp/2015/11/16/how-internet-hoaxers- tricked-the-world-into-believing-this-random-sikh-guy-was-a-paris-terrorist/.
4. Robert Fox, “News Track: Everybody Must Get Cloned,” Communications of the ACM, Aug. 2000, 43:8, p. 9. Lisa Guernsey, “Software Is Called Capable of Copying Any Human Voice,” New York Times, July 31, 2001, pp. A1, C2.
5. Adrian Chen, “The Agency,” The New York Times Magazine, June 2, 2015, www. nytimes.com/2015/06/07/magazine/the-agency.html?_r=0.
6. “Wikipedia: Size Comparisons,” Wikipedia, en.wikipedia.org/wiki/Wikipedia:Size_ comparisons; www.britannica.com.
7. Jan Lorenz, Heiko Rauhut, Frank Schweitzer, and Dirk Helbing, “How Social Influence Can Undermine the Wisdom of Crowd Effect,” Proceedings of the National Academy of Sciences, May 10, 2011, www.pnas.org/content/early/2011/05/10/1008636108. full.pdf. James Surowieki, The Wisdom of Crowds, Anchor, 2005. A course on deci- sion making taught by Michael Roberto and an article by Jonah Lehrer led me (SB) to these ideas and references.
8. Joseph Rago, “The Blog Mob,” Wall Street Journal, Dec. 20, 2006, p. A18.
9. Examples include: American Library Association, “Using Primary Sources on the Web,” www.ala.org/rusa/sections/history/resources/primarysources; Johns Hopkins University library, “Evaluating Information Found on the Internet,” guides.library. jhu.edu/evaluatinginformation; and University of California, Berkeley, library, “Evaluating Web Pages: Techniques to Apply & Questions to Ask,” guides.lib.berke- ley.edu/evaluating-resources.
10. Jonah Lehrer, “When We’re Cowed by the Crowd,” Wall Street Journal, May 28, 2011, online.wsj.com/article/SB10001424052702304066504576341280447107102.html.
11. From Microsoft’s explanation of its policy, quoted in Mark Goldblatt, “Bowdlerized by Microsoft,” NewYork Times, Oct. 23, 2001, p. A23, www.nytimes.com/2001/10/23/ opinion/bowdlerized-by-microsoft.html.
12. Eli Pariser, The Filter Bubble: What the Internet Is Hiding from You, Penguin Press, 2011.
13. Jeffrey Gottfried and Elisa Shearer, “News Use Across Social Media Platforms 2016,” Pew Research Center, www.journalism.org/2016/05/26/news-use-across- social-media-platforms-2016/. Georgia Wells, “Facebook’s ‘Trending’ Feature Exhibits Flaws Under New Algorithm,” Wall Street Journal, Sept. 6, 2016, www.wsj.com/articles/facebooks-trending-feature-exhibits-flaws-under-new- algorithm-1473176652. “YouTube and PragerU,” Wall Street Journal (editorial), Oct. 30, 2016, www.wsj.com/articles/youtube-and-prageru-1477866319. Max Read, “Donald Trump Won Because of Facebook,” New York Magazine, Nov. 9, 2016, nymag.com/selectall/2016/11/donald-trump-won-because-of-facebook.html. Mike Isaac, “Facebook, in Crosshairs After Election, Is Said to Question Its Influence,” New York Times, Nov. 12, 2016, www.nytimes.com/2016/11/14/technology/facebook- is-said-to-question-its-influence-in-election.html.
14. James A. Evans, “Electronic Publication and the Narrowing of Science and Scholarship,” Science, July 18, 2008 (Vol. 321, no. 5887, pp. 395–399), www.sciencemag.org/con- tent/321/5887/395.abstract. I (SB) learned of this article from an article by Jonah Lehrer.
15. Isaac, “Facebook, in Crosshairs after Election.”
16. Barry Bearak, “Pakistani Tale of a Drug Addict’s Blasphemy,” New York Times, Feb. 19, 2001, pp. A1, A4.
17. Peter L. Bernstein, Against the Gods: The Remarkable Story of Risk, John Wiley & Sons, 1996, p. 16.
18. Amanda Bennett, “Strange ‘Science’: Predicting Health-Care Costs,” Wall Street Journal, Feb. 7, 1994, p. B1.
19. Cynthia Crossen, “How ‘Tactical Research’ Muddied Diaper Debate,” Wall Street Journal, May 17, 1994, pp. B1, B9.
20. Julia Angwin, Jeff Larson, Surya Mattu, and Lauren Kirchner, “Machine Bias,” Pro- Publica, May 23, 2016, www.propublica.org/article/machine-bias-risk-assessments- in-criminal-sentencing.
21. A much earlier version of this section appeared in Sara Baase, “Social and Legal Issues,” a chapter in An Invitation to Computer Science by G. Michael Schneider and Judith L. Gersting, West Publishing Co., 1995. (Used with permission.)
22. T. F. Stocker et al., “2013: Technical Summary,” in Climate Change 2013: The Physi- cal Science Basis, Intergovernmental Panel on Climate Change, Cambridge Univer- sity Press, p. 37, www.climatechange2013.org/images/report/WG1AR5_TS_FINAL.pdf. Christopher S. Watson et al., “Unabated Global Mean Sea-Level Rise Over the Satellite Altimeter Era,” Nature Climate Change, 5, 565–568, May 11, 2015, www. nature.com/nclimate/journal/v5/n6/full/nclimate2635.html. NASA, Global Climate Change: Sea Level, climate.nasa.gov/vital-signs/sea-level/.
23. The IPCC reports (published by Cambridge University Press): T. F. Stocker et al., Climate Change 2013: The Physical Science Basis; S. Solomon et al., eds., Climate Change 2007: The Physical Scientific Basis, 2007 (Technical Summary at ipcc-wg1.ucar.edu/wg1/wg1-report.html); J. T. Houghton et al., eds., Climate Change 2001: The Scientific Basis, 2001; J. T. Houghton et al., eds., Climate Change 1995: The Science of Climate Change, 1996; J. T. Houghton, B. A. Callander, and
S. K. Varney, eds., Climate Change 1992: The Supplementary Report to the IPCC Scientific Assessment, 1992; J. T. Houghton, G. J. Jenkins, and J. J. Ephraums, eds., Climate Change: The IPCC Scientific Assessment, 1990. Various IPCC reports are available at www.ipcc.ch/publications_and_data/publications_and_data_reports. shtml. I (SB) also used a large variety of other books and articles for background.
24. T. F. Stocker et al., “2013: Technical Summary,” p. 50 and p. 51.
25. One reason why this distinction is important is that temperature records for large areas of the northern hemisphere showed a larger rise in the nighttime winter lows than in the daytime summer highs, a potentially benign or beneficial form of warming.
26. D. L. Albritton et al., “Technical Summary,” in Houghton, Climate Change 2001, pp. 21–83; see p. 49.
27. Gregory Flato et al., Chapter 9: Evaluation of Climate Models, in Stocker, Climate Change 2013, p. 817. The issue of clouds is mentioned in several places in the reports. Solomon, “Technical Summary,” Climate Change 2007, p. 70. “Greenhouse Gases Frequently Asked Questions,” National Oceanic and Atmospheric Adminis- tration National Climatic Data Center, www.ncdc.noaa.gov/oa/climate/gases.html. Long-term projection: Stocker et al., “2013: Technical Summary,” p. 81.
28. Stocker et al., “2013: Technical Summary,” p. 69.
29. Flato, Chapter 9: Evaluation of Climate Models, p. 824.
30. Stephen Schneider, quoted in Jonathan Schell, “Our Fragile Earth,” Discover, Oct. 1989, pp. 44–50.
31. Stocker, “2013: Technical Summary,” p. 75.
32. David J. Frame and Daithi A. Stone, “Assessment of the First Consensus Prediction on Climate Change,” Nature Climate Change, 3, 357–359 (2013), Figure 1: Changes in global mean temperature over the 1990–2010 period, www.nature.com/nclimate/ journal/v3/n4/fig_tab/nclimate1763_F1.html. National Oceanic and Atmospheric Administration, National Climatic Data Center, “State of the Climate Global Analy- sis Annual 2011,” Dec. 2011, www.ncdc.noaa.gov/sotc/global/2011/13.
33. 2007 projections: Solomon, “Technical Summary,” Climate Change 2007, Table TS.6,
p. 70. The 0.05°C figure (for 1998–2012): IPCC, “Climate Change 2014 Synthesis Report Summary for Policy Makers,” pp. 3–4, www.ipcc.ch/pdf/assessment-report/ ar5/syr/AR5_SYR_FINAL_SPM.pdf. The 0.07°C figure (for 1999–2008): J. Knight et al., “Do Global Temperature Trends Over the Last Decade Falsify Climate Predic- tions?” pp. 22–23, within T. C. Peterson and M. O. Baringer, eds., “State of the Climate in 2008,” Bulletin of the Meteorological Society, 90, Aug. 2009, 1–196, journals.ametsoc.org/doi/pdf/10.1175/BAMS-90-8-StateoftheClimate. The hiatus: Stocker, “2013: Technical Summary,” p. 37, p. 67.
34. Stephen Moore, “The Coming Age of Abundance,” in Ronald Bailey, ed., The True State of the Planet, Free Press, 1995, p. 113.
35. “Interview with the Luddite” (Kevin Kelly, interviewer), Wired, June 1995, pp. 166–168, 211–216 (see pp. 213–214).
36. Alexandra Eyle, “No Time Like the Co-Present” (interview with Neil Postman), NetGuide, July 1995, pp. 121–122. Richard Sclove and Jeffrey Scheuer, “On the Road Again? If Information Highways Are Anything Like Interstate Highways— Watch Out!” in Rob Kling, ed., Computerization and Controversy: Value Conflict and Social Choices, 2nd ed., Academic Press, 1996, pp. 606–612.
37. Kirkpatrick Sale, Rebels Against the Future: The Luddites and Their War Against the Industrial Revolution: Lessons for the Computer Age, Addison-Wesley, 1995, p. 257.
38. Jerry Mander, In the Absence of the Sacred: The Failure of Technology and the Sur- vival of the Indian Nations, Sierra Club Books, 1991, p. 61.
39. Neil Postman, Technopoly: The Surrender of Culture to Technology, Alfred A. Knopf, 1992, p. 119.
40. Eyle, “No Time Like the Co-Present.”
41. Harvey Blume, “Digital Refusnik” (interview with Sven Birkerts), Wired, May 1995, pp. 178–179. Kelly, “Interview with the Luddite.”
42. From a study by sociologist Claude Fisher, reported in Charles Paul Freund, “The Geography of Somewhere,” Reason, May 2001, p. 12.
43. Postman, Technopoly, p. 15.
44. See Jane Jacob’s classic The Economy of Cities, Random House, 1969.
45. Postman, Technopoly, p. 6. The Freud quote is from Civilization and Its Discontent
(e.g., the edition edited and translated by James Strachey, W. W. Norton, 1961, p. 35).
46. John Davis, quoted in Sale, Rebels Against the Future, p. 256.
47. Peter Applebome, “A Vision of a Nation No Longer in the U.S.,” New York Times, Oct. 18, 2007, www.nytimes.com/2007/10/18/nyregion/18towns.html. Sale, Rebels Against the Future, p. 257.
48. Joanna Stern, “Smart Tampon? The Internet of Every Single Thing Must Be Stopped,” Wall Street Journal, May 25, 2016, www.wsj.com/articles/smart-tampon- the-internet-of-every-single-thing-must-be-stopped-1464198157.
49. Sclove and Scheuer, “On the Road Again?”
50. The quotes are from Kelly, “Interview with the Luddite,” p. 214 and p. 213. Sale expresses this point of view also in Rebels Against the Future, p. 213.
51. Sale, Rebels Against the Future, p. 256.
52. This dichotomy has always struck me (SB) as strange, because it almost suggests that humans are alien creatures who arrived on earth from somewhere else. We evolved here. We are part of nature. A human’s house is as natural as a bird’s nest, though, unlike birds, we have the capacity to build both ugly and beautiful things.
53. Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment: 1880–1980, Texas A&M University Press, 1981, p. 24–25.
54. Ian Hacking, The Emergence of Probability, Cambridge University Press, 1975,
p. 108. C. P. Snow, “The Two Cultures and the Scientific Revolution,” in The Two Cultures: And a Second Look, Cambridge University Press, 1964, pp. 82–83. The population data are from National Center for Health Statistics, Centers for Disease Control and Prevention, www.cdc.gov/nchs/fastats/life-expectancy.htm; Global Health Observatory, World Health Organization, www.who.int/gho/mortality_burden_disease/life_tables/situation_trends/en/; Health, United States, 2010, Table 22, p. 134, National Center for Health Statistics, Center for Disease Control, www. cdc.gov/nchs/data/hus/hus10.pdf; and from the United Nations, reported in Nicholas Eberstadt, “Population, Food, and Income: Global Trends in the Twentieth Century,” pp. 21, 23 (in Bailey, The True State of the Planet) and in Theodore Caplow, Louis Hicks, and Ben J. Wattenberg, The First Measured Century: An Illustrated Guide to Trends in America, AEI Press, 2001, pp. 4–5. Nonvehicular accidental deaths declined from 72 per 100,000 people in 1900 to 19 per 100,000 people in 1997 (Caplow et al., The First Measured Century, p. 149).
55. Moore, “The Coming Age of Abundance,” p. 119. Eberstadt, “Population, Food, and Income,” p. 34. Family income spent on food: Stephen Moore and Julian L. Simon, It’s Getting Better All the Time: The 100 Greatest Trends of the 20th Century, Cato Institute, 2000, p. 53, and U.S. Department of Agriculture Economic Research Service, “Food CPI, Prices and Expenditures: Food Expenditure Tables,” Table 7, accessible at www.ers.usda.gov/data-products/food-expenditures.aspx. Ronald Bailey, “Billions Served” (interview with Norman Borlaug), Reason, Apr. 2000, pp. 30–37. Julian L. Simon, “The State of Humanity: Steadily Improving,” Cato Policy Report, Sept./Oct. 1995, 17:5, pp. 1, 10–11, 14–15.
56. Arman Shehabi et al., “United States Data Center Energy Usage Report,” Law- rence Berkeley Laboratory, 2016, eta.lbl.gov/publications/united-states-data- center-energy-usag. Steve Hargreaves, “The Internet: One Big Power Suck,” CNN Money, May 9, 2011, money.cnn.com/2011/05/03/technology/internet_electricity/ index.htm.
57. Optical fiber: Ronald Bailey, ed., Earth Report 2000: Revisiting the True State of the Planet, McGraw Hill, 2000, p. 51.
58. William M. Bulkeley, “Information Age,” Wall Street Journal, Aug. 5, 1993, p. B1. “Newstrack” (“Claims to Fame”), Communications of the ACM, Feb. 1993, p. 14. Verti- cal Research Partners (verticalresearchpartners.com), reported in Jennifer Levitz, “Tissue Rolls to Mill’s Rescue,” Wall Street Journal, Feb. 16, 2012, p. A3. U.S. Postal Service.
59. United Nations, “E-Commerce and Development Report 2001,” quoted in Frances Williams, “International Economy & the Americas: UNCTAD Spells Out Benefit of Internet Commerce,” Financial Times, Nov. 21, 2001.
60. Most of the data in this paragraph and the next one come from polls and studies by Pew Research Center, Forrester Research, Luntz Research Companies, Ipsos-Reid Corporation, Nielsen//NetRatings, the U.S. Commerce Department, and others, reported in various news media. Susannah Fox and Gretchen Livingston, “Latinos Online,” Pew Research Center, Mar. 14, 2007, pewresearch.org/pubs/429/latinos- online. Jon Katz, “The Digital Citizen,” Wired, Dec. 1997, pp. 68–82, 274–275.
61. See the note above.
62. Lee Rainie and Katheryn Zickuhr, “Always on Connectivity,” Aug. 26, 2015 www. pewinternet.org/2015/08/26/chapter-1-always-on-connectivity/.
63. Micah Singleton, “The FCC Has Changed the Definition of Broadband,” The Verge, Jan. 29, 2015, www.theverge.com/2015/1/29/7932653/fcc-changed-definition- broadband-25mbps.
64. “Internet Users,” www.internetlivestats.com/internet-users/. “Human Develop- ment Report 2015,” Chapter 3, United Nations Development Programme, report. hdr.undp.org. “Increased Competition Has Helped Bring ICT Access to Billions,” United Nations International Telecommunication Union, Jan. 2011, www.itu.int/net/ pressoffice/stats/2011/01/#.V_uHIneZPOY.
65. “Human Development Report 2015,” Chapter 3, United Nations Development Pro- gramme, report.hdr.undp.org.
66. Jacob Poushter, “Smartphone Ownership and Internet Usage Continues to Climb in Emerging Economies,” Pew Research Center, Feb. 22, 2016, www.pewglobal. org/2016/02/22/smartphone-ownership-and-internet-usage-continues-to-climb-in- emerging-economies/. “Billions of People in Developing World Still Without Internet Access, New U.N. Report Finds,” United Nations, Sept. 21, 2015, www.un.org/apps/ news/story.asp?NewsID=51924#.WAfmD_RjKO0. Jacob Poushter, “Smartphone Own- ership Rates Skyrocket in Many Emerging Economies, but Digital Divide Remains,” Pew Research Center, Feb. 22, 2016, www.pewglobal.org/2016/02/22/smartphone- ownership-rates-skyrocket-in-many-emerging-economies-but-digital-divide-remains/.
67. Marianne Lavelle, “Five Surprising Facts About Energy Poverty,” National Geo- graphic, May 30, 2013, news.nationalgeographic.com/news/energy/2013/05/ 130529-surprising-facts-about-energy-poverty/.
68. Ben Lefebvre, “What Uses More Electricity: Liberia, or Cowboys Stadium on Game Day?” Wall Street Journal, Sept. 13, 2013, blogs.wsj.com/corporate-intelligence/ 2013/09/13/what-uses-more-electricity-liberia-or-cowboys-stadium-on-game-day.
69. Euan McKirdy, “UNHCR Report: More Displaced Now than after WWII,” CNN, June 20, 2016, www.cnn.com/2016/06/20/world/unhcr-displaced-peoples-report/.
70. One Laptop per Child: one.laptop.org. Ruy Cervantes et al., “Infrastructures for Low Cost Laptop Use in Mexican Schools,” Proceedings of the 2011 Annual Conference on Human Factors in Computing Systems, dl.acm.org/citation.cfm?id=1979082.
71. Eric Bellman and Aditi Malhotra, “Why the Vast Majority of Women in India Will Never Own a Smartphone,” Wall Street Journal, Oct. 13, 2016, www. wsj.com/articles/why-the-vast-majority-of-women-in-india-will-never-own-a- smartphone-1476351001. Facebook data: Simon Kemp, “Digital in APAC 2016,” We Are Social, Sept. 6, 2016, wearesocial.com/uk/special-reports/digital-in- apac-2016. Cherie Blair, “Women & Mobile: A Global Opportunity,” p. 16, www. gsma.com/mobilefordevelopment/wp-content/uploads/2013/01/GSMA_Women_ and_Mobile-A_Global_Opportunity.pdf. Newley Purnell, “How Google’s Bicycle- Riding Tutors Are Getting Rural Indian Women Online,” Wall Street Journal, Oct. 3, 2016, blogs.wsj.com/indiarealtime/2016/10/03/how-googles-bicycle-riding- internet-tutors-are-getting-rural-indian-women-online/.
72. Sale, Rebels Against the Future, p. 210.
73. Postman, Technopoly, p. 7.
74. Kelly, “Interview with the Luddite.”
75. Bill Richards, “Doctors Can Diagnose Illnesses Long Distance, to the Dismay of Some,” Wall Street Journal, Jan. 17, 1996, pp. A1, A10.
76. Richards, “Doctors Can Diagnose Illnesses Long Distance.”
77. Peter J. Denning, “The Internet After 30 Years,” in Dorothy E. Denning and Peter J. Denning, eds., The Internet Besieged, Addison Wesley, 1998, p. 20.
78. Donald A. Norman, Things That Make Us Smart: Defending Human Attributes in the Age of the Machine, Addison-Wesley, 1993, p. 190.
79. Matt Novak, “7 Famous Quotes About the Future That Are Actually Fake,”
Gizmodo,Sept.8,2014,paleofuture.gizmodo.com/7-famous-quotes-about-the-future-that-are-actually-fake-1631236877. Novak reports that von Neumann’s statement is often quoted without the second half.
80. Joseph Weizenbaum, Computer Power and Human Reason: From Judgment to Calculation, W. H. Freeman and Company, 1976, pp. 270–272.
81. Edison: Thomas Edison, “The Dangers of Electrical Lighting,” The Electrical Engi- neer, Volume 8, 1899, page 518 (quote is on page 520). Zanuck: George F. Custen, Twentieth Century’s Fox: Darryl F. Zanuck and The Culture of Hollywood, Basic Books, 1997. Popular Mechanics, Mar. 1949, p. 258. RCA: Thomas Petzinger Jr., “Meanwhile, from the Journal’s Archives,” Wall Street Journal, Jan. 1, 2000, p. R5. Cooper: Peter Grier, “Really Portable Telephones: Costly, But Coming?”, Christian Science Monitor, Apr. 15, 1981, www.csmonitor.com/1981/0415/041506. html. Metcalfe: Bob Metcalfe, “Predicting the Internet’s Catastrophic Collapse and Ghost Sites Galore in 1996,” InfoWorld, Dec. 4, 1995, p. 61 (found in books.google. com via search). David Pogue, “Pogue’s Posts: iPhone Rumors,” New York Times, Sept. 27, 2006, pogue.blogs.nytimes.com/2006/09/27/27pogues-posts-3/?_r=0. Ballmer: David Lieberman, “CEO Forum: Microsoft’s Ballmer Having a ‘Great Time’,” USA Today, Apr. 30, 2007. More information about some of these predic- tions appears in Kathy Pretz, “Five Famously Wrong Predictions About Technology,” The Institute, IEEE, Dec. 19, 2014, theinstitute.ieee.org/ieee-roundup/members/ achievements/five-famously-wrong-predictions-about-technology.
82. Ray Kurzweil, The Singularity Is Near: When Humans Transcend Biology, Viking, 2005. Hans Moravec, Robot: Mere Machine to Transcendent Mind, Oxford Univer- sity Press, 2000. Vernor Vinge, “The Coming Technological Singularity: How to Sur- vive in the Post-Human Era,” presented at the VISION-21 Symposium (sponsored by NASA Lewis Research Center and the Ohio Aerospace Institute), Mar. 30–31, 1993, www-rohan.sdsu.edu/faculty/vinge/misc/singularity.html.
83. Rodney Brooks, “Toward a Brain–Internet Link,” Technology Review, Nov. 2003, www.technologyreview.com/Infotech/13349/.
84. “Superhuman Imagination,” interview with Vernor Vinge by Mike Godwin, Reason, May 2007, pp. 32–37.
85. Bill Joy, “Why the Future Doesn’t Need Us,” Wired, Apr. 2000, www.wired.com/ 2000/04/joy-2/.
86. Virginia Postrel, “Joy, to the World,” Reason, June 2000, reason.com/archives/ 2000/06/01/joy-to-the-world.
87. This statement has been attributed to both Neils Bohr and Albert Einstein; we could not find a reliable source for either.
88. Jen Schradie, “The Digital Production Gap: The Digital Divide and Web 2.0 Collide,”
Poetics, Vol. 39, No. 2, Apr. 2011, pp. 145–168.
Chapter 8: Errors, Failures and Risks
1. Robert N. Charette, “Why Software Fails,” IEEE Spectrum, Sept. 2005, www. spectrum.ieee.org/sep05/1685.
2. The Risks Digest: Forum on Risks to the Public in Computers and Related Systems, archived at catless.ncl.ac.uk/risks.
3. Jacques Steinberg and Diana B. Henriques, “When a Test Fails the Schools, Careers and Reputations Suffer,” New York Times, May 21, 2001, pp. A1, A10–A11.
4. Andrea Robinson, “Firm: State Told Felon Voter List May Cause Errors,” Miami Herald, Feb. 17, 2001.
5. Department of Homeland Security, U.S. Citizenship and Immigration Services, “E-Verify Performance,” www.uscis.gov/e-verify/about-program/performance. Westat, “Evaluation of the Accuracy of E-Verify Findings,” July 2012, www.uscis.gov/sites/ default/files/USCIS/Verification/E-Verify/E-Verify_Native_Documents/Everify%20 Studies/E-Verify%20Accuracy%20Report%20Summary.pdf. “Immigration: You Can’t Rely on E-Verify,” editorial in Los Angeles Times, May 27, 2011, articles.lat- imes.com/2011/may/27/opinion/la-edarizona-20110527. Government Accountabil- ity Office, “Employment Verification,” Dec. 2010, www.gao.gov/new.items/d11146. pdf. Note that error percentages varied in different documents; those given here are based on the latest review but are approximate.
6. Ann Davis, “Post-Sept. 11 Watch List Acquires Life of Its Own,” Wall Street Journal,
Nov. 19, 2002, p. A1.
7. Arizona v. Evans, reported in “Supreme Court Rules on Use of Inaccurate Computer Records,” EPIC Alert, Mar. 9, 1995, v. 2.04.
8. Reuters, “Glitch Closes Tokyo Stock Exchange,” The New Zealand Herald, Nov. 2, 2005, www.nzherald.co.nz/tokyo-stock-exchange/news/article.cfm?o_ id=272&objectid=10353098. Julia Flynn, Sara Calian, and Michael R. Sesit, “Com- puter Snag Halts London Market 8 Hours,” Wall Street Journal, Apr. 6, 2000, p. A14.
9. Jack Nicas, “Jet Lagged: Web Glitches Still Plague Virgin America,” Wall Street Journal, Nov. 23, 2011, www.wsj.com/articles/SB10001424052970203710704577 053110330006178.
10. Mars Climate Orbiter, mars.jpl.nasa.gov/msp98/orbiter.
11. Davide Balzarotti, Greg Banks, Marco Cova, Viktoria Felmetsger, Richard Kemmerer, William Robertson, Fredrik Valeur, and Giovanni Vigna, “Are Your Votes Really Counted? Testing the Security of Real-World Electronic Voting Systems,” Proceed- ings of the International Symposium on Software Testing and Analysis, July 2008, www.cs.ucsb.edu/~seclab/projects/voting/issta08_voting.pdf. Ed Felton, “Hotel Minibar Keys Open Diebold Voting Machines,” Sept. 18, 2006, www.freedom-to- tinker.com/?p=1064.
12. Jeremy Hsu, “Alaska’s Online Voting Leaves Cybersecurity Experts Worried,” IEEE Spectrum, Nov. 6, 2014, spectrum.ieee.org/tech-talk/telecom/security/alaska- online-voting-leaves-cybersecurity-experts-worried. “Absentee Voting by Electronic Transmission,” State of Alaska Division of Elections, www.elections.alaska.gov/ vi_bb_by_fax.php.
13. Drew Springall et al., “Security Analysis of the Estonian Internet Voting System,” Proceedings of the 21st ACM Conference on Computer and Communications Secu- rity, Nov. 2014, jhalderm.com/pub/papers/ivoting-ccs14.pdf.
14. Balzarotti et al., “Are Your Votes Really Counted?”
15. Charette, “Why Software Fails”. Virginia Ellis, “Snarled Child Support Computer Project Dies,” Los Angeles Times, Nov. 21, 1997, p. A1, A28. Peter G. Neumann, “System Development Woes,” Communications of the ACM, Dec. 1997, p. 160. Rajeev Syal, “Abandoned NHS IT System Has Cost £10bn So Far,” The Guard- ian, Sept. 17, 2013, www.theguardian.com/society/2013/sep/18/nhs-records-system- 10bn. Oliver Wright, “NHS Pulls the Plug on its £11bn IT System,” Aug. 2, 2011, www.independent.co.uk/life-style/health-and-families/health-news/nhs-pulls-the- plug-on-its-11bn-it-system-2330906.html.
16. Charette, “Why Software Fails.”
17. H. Travis Christ, quoted in Linda Rosencrance, “US Airways Partly Blames Legacy Systems for March Glitch,” Computerworld, Mar. 29, 2007. Linda Rosencrance, “Glitch at U.S. Airways Causes Delays,” Computerworld, Mar. 5, 2007, comput- erworld.com/article/2543659/enterprise-applications/glitch-at-u-s--airways-causes- delays.html.
18. The DIA delay was widely reported in the news media. A few of the sources I used for the discussion here are Kirk Johnson, “Denver Airport Saw the Future. It Didn’t Work.” New York Times, Aug. 27, 2005, www.nytimes.com/2005/08/27/us/denver- airport-saw-the-future-it-didnt-work.html; W. Wayt Gibbs, “Software’s Chronic Crisis,” Scientific American, Sept. 1994, 271(3), pp. 86–95; Robert L. Scheier, “Software Snafu Grounds Denver’s High-Tech Airport,” PC Week, 11(19), May 16, 1994, p. 1; Price Colman, “Software Glitch Could Be the Hitch. Misplaced Comma Might Dull Baggage System’s Cutting Edge,” Rocky Mountain News, Apr. 30, 1994,
p. 9A; Steve Higgins, “Denver Airport: Another Tale of Government High-Tech Run Amok,” Investor’s Business Daily, May 23, 1994, p. A4; Julie Schmit, “Tiny Com- pany Is Blamed for Denver Delays,” USA Today, May 5, 1994, pp. 1B, 2B.
19. Scheier, “Software Snafu Grounds Denver’s High-Tech Airport.”
20. Wayne Arnold, “How Asia’s High-Tech Airports Stumbled,” Wall Street Journal,
July 13, 1998, p. B2.
21. We used many sources as background for this section. In addition to specific sources cited below: Jim Hirschauer, “Technical Deep Dive on What’s Impacting Health- care.gov,” App Dynamics Blog, App Dynamics, Oct. 25, 2013, blog.appdynamics. com/apm/technical-deep-dive-whats-impacting-healthcare-gov/; U.S. Government Accountability Office, “HealthCare.gov: Ineffective Planning and Oversight Prac- tices Underscore the Need for Improved Contract Management,” July 2014, GAO- 14-694, www.gao.gov/assets/670/665179.pdf; “HealthCare.gov: CMS Has Taken Steps to Address Problems, but Needs to Further Implement Systems Development Best Practices,” GAO Report to Congressional Requesters, Mar. 2015, www.gao.gov/ assets/670/668834.pdf; Joshua Bleiberg and Darrell M. West, “A Look Back at Tech- nical Issues with HealthCare.gov,” Brookings Institute, Apr. 9, 2015, www.brookings. edu/blog/techtank/2015/04/09/a-look-back-at-technical-issues-with-healthcare-gov/.
22. Devin Dwyer, “Memo Reveals Only 6 People Signed Up for Obamacare on First Day,” ABC News, Oct. 31, 2013, abcnews.go.com/blogs/politics/2013/10/ memo-reveals-only-6-people-signed-up-for-obamacare-on-first-day.
23. U.S. Senate Committee on Health, Education, Labor, and Pensions Hearing, Ques- tions for Secretary of Health and Human Services, May 8, 2014, www.help.senate. gov/imo/media/050814_HELP_Burwell_QFRs-Alexander-FINAL.pdf. “An Over- view of 60 Contracts That Contributed to the Development and Operation of the Federal Marketplace,” Office of the Inspector General Report, Aug. 26 2014, oig.hhs. gov/oei/reports/oei-03-14-00231.asp.
24. Ariana Cha and Lena Sun, “What Went Wrong with HealthCare.gov,” Washington Post, Oct. 24, 2013, www.washingtonpost.com/national/health-science/what-went- wrong-with-healthcaregov/2013/10/24/400e68de-3d07-11e3-b7ba-503fb5822c3e_ graphic.html.
25. Sharon LaFraniere, Ian Austen, and Robert Pear, “Contractors See Weeks of Work on Health Site,” New York Times, Oct. 20, 2013, www.nytimes.com/2013/10/21/us/ insurance-site-seen-needing-weeks-to-fix.html?pagewanted=all&_r=1&.
26. David Chao (CMS project manager), Testimony given to Senate House Committee Inquiry, Nov. 19, 2013, www.youtube.com/watch?v=QKu95EnUaTs.
27. Lena H. Sun and Scott Wilson, “Health Insurance Exchange Launched Despite Signs of Serious Problems,” Washington Post, Oct. 21, 2013, www.washingtonpost. com/national/health-science/health-insurance-exchange-launched-despite-signs-of- serious-problems/2013/10/21/161a3500-3a85-11e3-b6a9-da62c264f40e_story.html.
28. Government Accountability Office, “HealthCare.gov: Actions Needed to Address Weaknesses in Information Security and Privacy Controls,” GAO-14-730, Sept. 2014, www.gao.gov/products/GAO-14-730.
29. Joel Gehrke, “Obamacare Launch Spawns 700+ Cyber Squatters Capitalizing on HealthCare.gov, State Exchanges,” Washington Examiner, Oct. 23, 2013. Testimony of Morgan Wright Before the House Committee on Science, Space, and Technology, Nov. 19, 2013, www.projectauditors.com/Papers/Troubled_Projects/HHRG-113- SY-WState-MWright-20131119.pdf.
30. Amy Goldstein, “HealthCare.gov Can’t Handle Appeals of Enrollment Errors,” Washington Post, Feb. 2, 2014, www.washingtonpost.com/national/health-science/ healthcaregov-cant-handle-appeals-of-enrollment-errors/2014/02/02/bbf5280c- 89e2-11e3-916e-e01534b1e132_story.html. Rachana Pradhan and Brett Norman, “Behind the Curtain, Troubles Persist in HealthCare.gov,” Politico, Feb. 17, 2015, www.politico.com/story/2015/02/healthcare-gov-troubles-115276.
31. Robert N. Charette, “This Car Runs on Code,” IEEE Spectrum, Feb. 2009, spectrum. ieee.org/transportation/systems/this-car-runs-on-code.
32. The report of the Independent Inquiry Board set up to investigate the explosion is at sunnyday.mit.edu/accidents/Ariane5accidentreport.html.
33. “FDA Statement on Radiation Overexposures in Panama,” www.fda.gov/radiation- emittingproducts/radiationsafety/alertsandnotices/ucm116533.htm. Deborah Gage and John Mc-Cormick, “We Did Nothing Wrong,” Baseline, Mar. 4, 2004, www. baselinemag.com/article2/0,1397,1543564,00.asp.
34. Nancy G. Leveson and Clark S. Turner, “An Investigation of the Therac-25 Acci- dents,” IEEE Computer, July 1993, 26(7), pp. 18–41. Jonathan Jacky, “Safety-Critical Computing: Hazards, Practices, Standards, and Regulation,” in Charles Dunlop and Rob Kling, eds., Computerization and Controversy, Academic Press, 1991, pp. 612–631. Most of the factual information about the Therac-25 incidents in this chapter is from Leveson and Turner.
35. Conversation with Nancy Leveson, Jan. 19, 1995.
36. Ted Wendling, “Lethal Doses: Radiation That Kills,” Cleveland Plain Dealer, Dec. 16, 1992, p. 12A. (I thank my student Irene Radomyshelsky for bringing this article to my attention.)
37. Jared Diamond, Guns, Germs, and Steel: The Fates of Human Societies, W. W. Norton, 1997, p. 157.
38. Raju Narisetti, Thomas E. Weber, and Rebecca Quick, “How Computers Calmly Handled Stock Frenzy,” Wall Street Journal, Oct. 30, 1997, p. B1, B7.
39. www.securecoding.cert.org/confluence/display/seccode/SEI+CERT+Coding+ Standards.
40. From an email advertisement for Nancy G. Leveson, Safeware: System Safety and Computers, Addison Wesley, 1995.
41. Roger Boisjoly, quoted in Diane Vaughan, The Challenger Launch Decision: Risky Technology, Culture, and Deviance at NASA, University of Chicago Press, 1996, p. 41.
42. For a discussion of systemic, organizational issues behind the Columbia failure, see Michael A. Roberto, Richard M. J. Bohmer, and Amy C. Edmondson, “Fac- ing Ambiguous Threats,” Harvard Business Review, Nov. 2006, hbr.org/2006/11/ facing-ambiguous-threats.
43. One of several articles that discuss characteristics of HROs is Karl E. Weick, Kath- leen M. Sutcliffe, and David Obstfeld, “Organizing for High Reliability: Processes of Collective Mindfulness,” Chapter 44 in Crisis Management: Volume III, edited by Arjen Boin, Sage Library in Business and Management, 2008, www.archwoodside. com/wp-content/uploads/2015/09/Weick-Organizing-for-High-Reliability.pdf.
44. Manifesto for Agile Software Development, agilemanifesto.org/.
45. Federal Aviation Administration, “American Airlines Flight 965, B-757, N651AA,” lessonslearned.faa.gov/ll_main.cfm?TabID=3&LLID=43&LLTypeID=0. Stephen Manes, “A Fatal Outcome from Misplaced Trust in ‘Data,’” New York Times, Sept. 17, 1996, p. B11.
46. A few of these principles are described in Barry H. Kantowitz, “Pilot Workload and Flightdeck Automation,” in M. Mouloua and R. Parasuraman, eds., Human Perfor- mance in Automated Systems: Current Research and Trends, Lawrence Erlbaum, 1994, pp. 212–223.
47. M. Sghairi, A. de Bonneval, Y. Crouzet, J.-J. Aubert, and P. Brot, “Challenges in Building Fault-Tolerant Flight Control System for a Civil Aircraft,” IAENG Inter- national Journal of Computer Science, Nov. 20, 2008, www.iaeng.org/IJCS/issues_ v35/issue_4/IJCS_35_4_07.pdf. (My thanks to Patricia A. Joseph for finding this reference.) “Airbus Safety Claim ‘Cannot Be Proved,’” New Scientist, Sept. 7, 1991, 131:1785, p. 30.
48. General John Campbell, Department of Defense Press Briefing by General Campbell via teleconference from Afghanistan, Nov., 25, 2015, www.defense. gov/News/Transcripts/Transcript-View/Article/631359/department-of-defense- press-briefing-by-general-campbell-via-teleconference-fro. Matthew Rosenberg, “Pentagon Details Chain of Errors in Strike on Afghan Hospital,” New York Times, Apr. 29, 2016, www.nytimes.com/2016/04/30/world/asia/afghanistan- doctors-without-borders-hospital-strike.html?_r=0. Sean Gallagher, “How Tech Fails Led to Air Force Strike on MSF’s Kunduz Hospital,” Ars Technica, Nov. 30, 2015, arstechnica.com/information-technology/2015/11/how-tech-fails-led-to-air- force-strike-on-msfs-kunduz-hospital/.
49. Will Durant, The Story of Philosophy: The Lives and Opinions of the World’s Great- est Philosophers, Simon & Schuster, 1926.
50. William M. Carley, “New Cockpit Systems Broaden the Margin of Safety for Pilots,” Wall Street Journal, Mar. 1, 2000, pp. A1, A10. Kantowitz, “Pilot Workload and Flightdeck Automation,” p. 214.
51. Andy Pasztor and Robert Wall, “Airbus Scrapped ‘Auto-avoid’ Technology Aimed at Preventing Planes from Being Used as Weapons,” Wall Street Journal, Mar. 30, 2015.
52. These problems and trade-offs occur often with regulation of new drugs and medi- cal devices, regulation of pollution, and various kinds of safety regulation. They are discussed primarily in journals on the economics of regulation.
53. Leveson and Turner, “An Investigation of the Therac-25 Accidents,” p. 40.
54. Walter Williams, The State Against Blacks, McGraw-Hill, 1982, Chapters 5–7. Council of Economic Advisors, “Occupational Licensing: A Framework for Poli- cymakers,” July 2015, p. 4, www.whitehouse.gov/sites/default/files/docs/licensing_ report_final_nonembargo.pdf.
55. Tom Forester and Perry Morrison, Computer Ethics: Cautionary Tales and Ethical Dilemmas in Computing, 2nd ed., MIT Press, 1994, p. 4.
56. Heather Bryant, an Albertson’s manager, quoted in Penni Crabtree, “Glitch Fouls Up Nation’s Business,” San Diego Union-Tribune, Apr. 14, 1998, p. C1. Miles Corwin and John L. Mitchell, “Fire Disrupts L.A. Phones, Services,” Los Angeles Times, Mar. 16, 1994, p. A1.
57. U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupa- tional Injuries, Rate of Fatal Work Injuries 2006–2014, www.bls.gov/iif/oshwc/cfoi/ cfch0013.pdf. Datum from 1934: “A Fistful of Risks,” Discover, May 1996, p. 82.
58. Alan Levin, “Airways Are the Safest Ever,” USA Today, June 29, 2006, p. 1A, 6A. William M. Carley, “New Cockpit Systems Broaden the Margin of Safety for Pilots,” Wall Street Journal, Mar. 1, 2000, p. A1.
59. An excellent “Nova” series, “Escape! Because Accidents Happen,” aired Feb. 16 and 17, 1999, shows examples from 2000 years of history of inventing ways to reduce the injuries and deaths from fires, and from boat, car, and airplane accidents.
60. National Highway Traffic Safety Administration, Fatality Analysis Reporting Sys- tem, www-fars.nhtsa.dot.gov/Main/index.aspx.
61. “FDA Proposes Rules for Drug Registry,” Wall Street Journal, Aug. 24, 2006, p. D6.
62. “Class 1 Recall: Cardinal Health Alaris SE Infusion Pumps,” Food and Drug Admin- istration, Aug. 10, 2006, www.fda.gov/cdrh/recalls/recall-081006.html. Jennifer Corbett Dooren, “Cardinal Health’s Infusion Pump is Seized Because of Design Defect,” Wall Street Journal, Aug. 29, 2006, p. D3.
Chapter 9: Professional Ethics and Responsibilities
Information for this section came from the following articles: Jack Ewing and Graham Bowley, “The Engineering of Volkswagen’s Aggressive Ambition,” New York Times, Dec. 13, 2015, www.nytimes.com/2015/12/14/business/the- engineering-of-volkswagens-aggressive-ambition.html; Guilbert Gates, Jack Ewing, Karl Russell, and Derek Watkins, “Explaining Volkswagen’s Emissions Scan- dal,” New York Times, Sept. 12, 2016, www.nytimes.com/interactive/2015/ business/international/vw-diesel-emissions-scandal-explained.html; Jack Ewing, “VW Presentation in ‘06 Showed How to Foil Emissions Tests,” New York Times, Apr. 26, 2016, www.nytimes.com/2016/04/27/business/international/vw-presentation- in-06-showed-how-to-foil-emissions-tests.html; Jack Ewing and Hirroko Tabauch, “Volkswagen Scandal Reaches All the Way to the Top, Lawsuits Say,” NewYork Times, July 19, 2016, www.nytimes.com/2016/07/20/business/international/ volkswagen-ny-attorney-general-emissions-scandal.html; Complaint filed by New York States Attorney General against Volkswagen, July 19, 2016, cdn. arstechnica.net/wp-content/uploads/2016/07/new_york_vw_complaint_7.19.pdf; Megan Guess, “Massachusetts, New York, Maryland Accuse Volkswagen Execs in Fresh Lawsuits,” Ars Technica, July 19, 2016, arstechnica.com/cars/2016/07/ states-sue-volkswagen-execs-for-fraud-current-ceo-named-in-lawsuits/.
The somewhat outdated full names of the organizations are the Association for Computing Machinery and the Institute of Electrical and Electronics Engineers.
Bob Davis and David Wessel, Prosperity: The Coming 20-Year Boom and What It Means to You, Random House, 1998, p. 97.
Charles Piller, “The Gender Gap Goes High-Tech,” Los Angeles Times, Aug. 25, 1998, p. A1.
Bill Gates, The Road Ahead, Viking, 1995, p. 78.
Julie Johnson contributed this scenario and much of its analysis.
Jacqui Cheng, “FBI, Grand Jury Now Probing High School’s Webcam Spying,” Ars Technica, Feb. 22, 2010, arstechnica.com/tech-policy/2010/02/fbi-grand- jury-now-probing-high-school-webcam-spying/.
I thank Cyndi Chie for giving me this scenario and telling me of the outcome in the actual case.
This scenario was inspired by David Kravets, “Batten Down the Hatches— Navy Accused of Pirating 585k Copies of VR Software,” Ars Technica, July 23, 2016, arstechnica.com/tech-policy/2016/07/batten-down-the-hatches-navy-accused- of-pirating-585k-copies-of-vr-software.
Robert M. Anderson et al., Divided Loyalties: Whistle-Blowing at BART, Purdue University, 1980.
Holger Hjorstvang, quoted in Anderson et al., Divided Loyalties, p. 140.
Robert Fox, “News Track,” Communications of the ACM, 44, no. 6 (June 2001), pp. 9–10. Kevin Flynn, “A Focus on Communication Failures,” New York Times, Jan. 30, 2003, p. A13.
One study showed judges more likely to be lenient early in the day or after a snack: Kurt Kleiner, “Lunchtime Leniency: Judges’ Rulings Are Harsher When They Are Hungrier,” Scientific American, Sept. 1, 2011, www.scientificamerican.com/article/ lunchtime-leniency/.
Guidelines of the ACM Code of Ethics and Professional Conduct, Section 1.1
Tom Forester and Perry Morrison, Computer Ethics: Cautionary Tales and Ethical Dilemmas in Computing, 2nd ed., MIT Press, 1994, p. 202.
SEI CERT Coding Standards, www.securecoding.cert.org/confluence/display/ seccode/SEI+CERT+Coding+Standards.