Categories
Law News Privacy

Gawker fills in a gap between publishing and privacy

Last Thursday, Gawker, an online site that tout’s “today’s gossip” as “tomorrow’s news,” published an item about a married male executive at a major media company who planned to hook up with a male escort in a Chicago hotel room.

As detailed in the post, the executive, who serves as chief financial officer of Condé Nast, called off the rendezvous after the escort, who realized the executive happens to be the brother of a former Treasury secretary, sent his would-be date documents tied to housing discrimination the escort claims to be facing in Texas.

The post drew a firestorm of criticism from readers, including from journalists. Critics condemned Gawker for outing the executive and for detailing an attempt by the escort, whom the piece identified using a pseudonym, to pressure the executive to hit up his brother for help.

A day after the post went up, Gawker took it down. The move marked “the first time we have removed a significant news story for any reason other than factual error or legal settlement,” Nick Denton, the site’s CEO, wrote in a statement. According to Denton:

“The story involves extortion, illegality and reckless behavior, sufficient justification at least in tabloid news terms. The account was true and well-reported. It concerns a senior business executive at one of the most powerful media companies on the planet… In the early days of the Internet that would have been enough… But the media environment has changed, our readers have changed, and I have changed… I believe this public mood reflects a growing recognition that we all have secrets, and they are not all equally worthy of exposure.”

The decision to remove the post prompted the resignation of both Gawker’s executive editor and the site’s editor-in-chief. Removing the post breached the firewall between the editorial and business sides of the house in a way that, in their view, undermined their responsibility to safeguard the site’s editorial integrity.

As Denton noted, the turnabout marked a departure for Gawker, which made its mark with pieces that sparked the downfall or discomfort of a series of public figures. In 2010, the site published an anonymous account of the author’s one-night stand with Christine O’Donnell, then the Republican nominee for the U.S. Senate from Delaware. (Though O’Donnell was a public figure, critics in and out of the media slammed Gawker for invading her privacy. Denton defended the post by pointing out that O’Donnell campaigned as a paragon of chasteness.) In 2011, former U.S. Rep. Chris Lee resigned after Gawker published an email exchange he had with a woman he met on Craigslist.

Hulk Hogan sued Gawker in 2012 for $100 million after Denton posted excerpts from a tape of the wrestler having sex with the wife of a friend. (The case is pending in a Florida court.) More recently, Gawker investigated whether Katie Holmes moved into a Manhattan apartment three years ago that linked via a secret entrance to a Whole Foods Market on the first floor. (She did, it seems.)

To its credit, the site punches up. In 2010, Gizomodo, a Gawker site devoted to tech news, revealed a lapse in Apple’s legendary security by reporting on a prototype of an iPhone 4 that the editors bought from someone who found it in a bar, where an engineer from Apple left it by accident. Last winter, Gawker took the lead in publishing a trove of emails from the hack of Sony.

At its best, Gawker knows  how to “make fun of people and media sites without being overtly cruel,” Sarah Grieco wrote last year in the Columbia Journalism Review. At its worst, Gawker has a tendency to bully, according to Grieco, who cites Gawker’s claims that Shepard Smith, a Fox News anchor, is gay despite a dearth of evidence.

In defense of the discretion that Gawker demonstrates when it wants to, Denton has cited the decision not to publish nude photos of Jennifer Lawrence and other celebrities that leaked last year. The images may have been accurate, but they exposed no lie, Denton told Capital New York recently.

The piece about the CFO seems to be akin to the case of Hogan but with one difference. Hogan charges Gawker with invading his privacy. The video showed Hogan having sex but the act was private and recorded without his knowledge, he alleges. Gawker counters that the material is newsworthy, a position in line with the law, which generally protects reporters who ferret out facts that are not commonly known so long as they’re news.

Still, compared with Hogan, a celebrity who has boasted about his sexual prowess, the CFO of Condé Nast is an unknown. Sure, he works for a company that publishes The New Yorker, Vogue and other titles. But the person in charge of overseeing preparation of financial statements, managing Condé Nast’s financial strength or presenting the company’s creditworthiness has little to do with the content of its magazines.

At many news outlets, the executive suite tends to be a well-paid wing of the back office. And by most accounts, the current CFO of Condé Nast is about as far from the limelight as one can be. It’s also difficult to find a contradiction between his private behavior and public persona. He has no public persona.

Though Denton seems to have concluded as much the realization came too late to prevent the piece from going up in the first place. In a memo Monday to Gawker’s staff, he noted that the CFO story was legal but unworthy of the discretion afforded the editors who signed off on its publication. Writes Denton:

“We need a codification of editorial standards beyond putting truths on the Internet. [italics in original] Stories need to be true and interesting. I believe we will have to make our peace with the idea that to be published, those truths should be worthwhile. And some humane guidelines are needed — in writing — on the calculus of cruelty and benefit in running a story. Everybody has a private life, even a C-level executive, at least unless they blab about it. We do not seek to expose every personal secret — only those that reveal something interesting. And the more vulnerable the person hurt, the more important the story had better be.”

Time will tell if that’s a standard Gawker can uphold. Some members of Gawker’s editorial staff dispute both the viability of the criterion and Denton’s role in publishing the Condé Nast piece, which some in the newsroom say he could have killed up front had he found it as reprehensible as he contends.

Whatever the outcome, the test that Denton has articulated further defines the boundaries of publishing and privacy in a digital age. Highlight the disparities between the statements and actions of public figures. Clear the air of spin. Cover the news. And remember that stories are about people, too.

Categories
News

Three items for a Monday

My MacBook is in the shop but three items compel me to post via my iPhone.

First, Serena Williams wins Wimbledon for the sixth time while notching her fourth consecutive major. Mark the moment in the annals of tennis and sports. 

Ever wish you could have watched Ali or Borg or Ben Hogan or DiMaggio in their prime? This is one of those moments when we can see greatness in real time.

Second, last week a federal judge in Manhattan ordered Time Warner Cable to pay $229,500 to a Texas woman for robo-calling her 153 times after she yanked her consent.

The ruling shows the reach of the Telephone Consumer Protection Act and how companies can run afoul of it. Though Time Warner Cable seems not to have tried to comply. 

The case also highlights the value of reading the terms of service that govern relations with the services we use.

Speaking of the cable company, at a speech today in Manhattan, Hillary Clinton called for boosting competition in broadband, among other improvements to the economy. Hopefully whoever becomes president will do exactly that. The network can’t get faster fast enough.

Categories
News Privacy

Sorting out the cyberattacks

This post has been updated as of Nov. 11.

The cyberattack announced in June on a system that stores information about millions of current and former federal workers and contractors highlights yet again the vulnerabilities of the computer networks that connect us.

The breaches resulted in raids on files containing names, Social Security numbers, fingerprints and other personal information for nearly 26 million people, according to the Office of Personnel Management (OPM), the agency that was hacked. Investigators say the attack came from China, which has denied responsibility.

The attack on OPM spurred me to sift through a series of cyberattacks on the government, companies and others since 2013. The list, which appears below, is almost certainly incomplete. It also doesn’t include breaches of unsecured protected health information that by law are reported to the U.S. Department of Health and Human Services, which has logged 34 such intrusions this summer alone.

Though the attacks summarized below have been reported widely, the roster suggests the sweep and frequency of intrusions, which are likely to increase according to a survey fielded last fall by the Pew Research Center. I will update this post periodically. Please tweet additions, corrections or comments to @bbrowdie.

2015 (attacks listed in reverse chronological order by date of disclosure)

Scottrade (Oct.)—Between late 2013 and early 2014, thieves stole the names and street addresses of roughly 4.6 million clients, according to the retail brokerage firm, which said it had no evidence that trading platforms or clients funds were compromised.

E-Trade (Oct.)—The financial firm notified 31,000 customers that hackers may have accessed their names, email addresses, and street addresses. The intrusion reportedly occurred in 2013, but at the time the company did not think that customer information had been compromised.

Dow Jones (Oct.)—The publisher of The Wall Street Journal said in a statement that intruders who gained access to its systems may have swiped payment card and contact information for roughly 3,500 customers.

Experian (Oct.)—Hackers stole personal information for roughly 15 million Americans, the consumer data company said in a statement. The data included names, dates of birth and Social Security numbers for people who applied for service with T-Mobile over a period of two years starting in September 2013. In a statement, T-Mobile CEO John Legere said he is “incredibly angry about this data breach” and pledged to “institute a thorough review” of the company’s relationship with Experian.

CVS (Sept.)—The pharmacy chain, which in July revealed a possible breach of its online photo service, confirmed that personal information may have been swiped by hackers. The data included names, credit card numbers, phone numbers, email addresses, usernames and passwords. The company declined to say how many customers were affected.

Business Wire/PR Newswire Association (Aug.)—Federal officials charged a group of hackers and inside traders with stealing nonpublic information from servers belonging to two of the largest services that companies use to distribute news releases and using the information to profit illegally over a period of roughly five years.

Carphone Warehouse (Aug.)—The UK-based mobile phone retailer said that a “sophisticated cyberattack” resulted in the theft of names, addresses, dates of birth and bank details for as many as 2.4 million customers. The intrusion also may have resulted in the theft of encrypted payment card information for as many as 90,000 customers, the company said.

Sabre/American Airlines (Aug.)—Sabre, a company processes reservations for hundreds of airlines and thousands of hotels, “recently learned of a cybersecurity incident” but could not say what data was stolen or who might be responsible, Bloomberg reported. American Airlines reportedly was investigating whether the intruders moved to its computers from Sabre’s systrems.

U.S. Dept. of Defense (Aug.)—A unclassified system that supports email for about 4,000 military and civilian personnel who work for the Joint Chiefs of Staff returned to operation roughly two weeks after an intrusion by hackers thought to be from Russia. Officials said that no classified information was swiped or compromised during the attack.

United Airlines (July)—Hackers based in China allegedly stole manifests in May or early June that detail passengers and their travel origins and destinations, Bloomberg reported. Investigators reportedly have linked the hackers to the group that stole information from both Anthem Inc. and the Office of Personnel Management. The intrusion reportedly occurred in May or early June.

Fiat Chrysler (July)—The automaker updated software that tethers its vehicles to a series of information and navigation services after two security researchers demonstrated they could take control of a Jeep Cherokee remotely and force it into a ditch.

Ashley Madison (July)— The online service that offers casual sexual encounters for married people said that hackers obtained information about some of its 37 million users, as well as financial information and other data that belongs to Avid Life Media, Ashley Madison’s company. The hackers, who go by the name “Impact Team,” threatened to release all of the company’s information, including nude photos and members’ private postings, if management did not take Ashley Madison’s sites offline. A month later Impact Team made good on that threat. On Aug. 18, the group released postal and email addresses, descriptions of users (including height and weight), encrypted passwords, partial payment card numbers and details of transactions. Two days later, the hackers leaked a trove of data twice as large that appeared to include additional files from the company.

Hershey Resorts (July)—The theme park operator is investigating a series of fraudulent charges that appeared in payment card accounts of customers who visited its attractions in Pennsylvania between mid-March and late May.

Hacking Team (July)—Emails and records that hackers stole from the Italian maker of software that itself allows governments to hack into computers showed that the company counts Russia, Saudi Arabia, and other nations with questionable human-rights records as clients.

Trump Hotel Collection (July)—The chain of 12 luxury hotels owned by Donald Trump said in a statement it was investigating “suspicious credit card activity” stemming from a breach that may date to February.

Houston Astros (June)—Federal law enforcement officials reportedly are investigating whether the St. Louis Cardinals stole scouting reports and information about players and prospects from a database belonging to the Astros. If true, the intrusion represents the first known example of a professional sports team breaking into the network of another team.

LastPass (June)—The service, which lets customers store their passwords online and access them with master log ins, disclosed that an intruder or intruders swiped email addresses, password reminders, authentication codes and more. The breach did not include customer accounts, LastPass said.

Negotiations with Iran (June)—An unnamed state—thought to be Israel—used malware to spy on negotiations between Iran and a group of nations that aim to prevent Iran from obtaining a nuclear weapon. According to Kaspersky Lab, whoever sought the information unleashed the malware, known as Duqu 2.0, on computers at hotels where the negotiations took place.

U.S. Army (June)—The U.S. Army’s website went offline following what appears to have been a distributed denial of service attack. The Syrian Electronic Army, a group of hackers who back President Bashar al-Assad, claimed credit.

Eataly (June)—The marketplace in Manhattan for foods from Italy warned that “unauthorized individuals” set up malware designed to harvest information from credit and debit cards in the company’s payment-processing system. The intruders may have obtained names and account numbers, as well as expiration dates and security codes for cards that customers swiped at Eataly in the first three months of this year.

Office of Personnel Management (June)—The attacks, which OPM discovered in April, resulted in the theft of personal information belonging to 4.2 million current and former federal workers, as well as another 21.5 million applicants for security clearances and their spouses or partners. In a letter dated June 11, the president of the American Federation of Government Employees—the largest federal employees’ union—charged that hackers stole information for every federal worker and retiree, and that the Social Security numbers the hackers obtained were unencrypted. The union has filed a class action lawsuit that charges OPM’s director and chief information officer with negligence in failing to protect information entrusted to them. On Sept. 23, OPM increased its count of the number of people whose fingerprints were stolen to roughly 5.6 million, from approximately 1.1 million previously. Though OPM termed the potential for misusing the fingerprint data “limited,” the agency noted “this probably could change over time as technology evolves.”

CareFirst BlueCross BlueShield (May)—Hackers suspected of operating from China obtained access to names, email addresses and dates of birth for roughly 1.1 million customers of this health insurer based in Maryland and D.C.

Tesla (April)—Hackers took over the automaker’s Twitter feed and defaced the company’s website.

Mandarin Oriental Hotel Group (March)—The upscale lodging chain said that intruders used malware to swipe payment-card information from some of the company’s hotels in the U.S. and Europe.

Anthem Blue Cross (Feb.)—Hackers said to be operating from China allegedly obtained names, dates of birth, Social Security numbers, and information about bank accounts and medical conditions for as many as 78 million people insured by this Indianapolis-based company, which does business in 14 states.

Internal Revenue Service (May)—Hackers thought to be operating from Russia stole tax forms containing Social Security numbers, dates of birth, home addresses and other information for as many as 334,000 people.

Sally Beauty Supply (May)—The Denton, Texas-based retailer of beauty supplies said that intruders had breached its payment system, though the company did not speculate on the scope of the breach. The cyberattack constituted the second on Sally Beauty in as many years.

US HealthWorks (April)—Hackers allegedly pilfered personal and health-related data for an unknown number of members of this California-based insurer. The thieves reportedly breached US HealthWorks’ systems via a laptop stolen from a vehicle belonging to one of the company’s employees.

Premera Blue Cross (March)—Hackers thought to be operating from China allegedly stole names, dates of birth, email addresses, Social Security numbers, information about bank accounts and more from as many as 11 million members of this health insurer based in Washington state.

Banks in Russia, Japan, Europe and the U.S. (Feb.)—A band of thieves that reportedly included Russians, Chinese and European hackers orchestrated an attack on more than 100 banks worldwide, making off with as much as $900 million.

Park ‘N Fly (Jan.)—The Atlanta-based airport parking service confirmed that intruders stole numbers, names and addresses, expiration dates and verification codes for credit cards stored in its reservations website. The company did not say how many cards might have been affected.

2014

Korea Hydro and Nuclear Power Co. Ltd. (Dec.)—A cyberattack reportedly erased some data at the state-owned company that runs the country’s 23 atomic reactors. South Korea later blamed North Korea for the intrusion.

Chik-fil-A (Dec.)—The fast-food chain said it was investigating reports of unauthorized activity concerning credit and debit cards used at some of its restaurants. Chik-fil-A later said the investigation revealed “no evidence” of its systems being hacked or payment cards stolen.

Bebe (Dec.)—The women’s clothing chain disclosed that hackers obtained names, account numbers, expiration dates and verification codes for payment cards swiped between Nov. 8 and Nov. 26 at its stores in the U.S., Puerto Rico, and the U.S. Virgin Islands.

Sony Pictures Entertainment (Nov.)—Cyber intruders obtained names, home addresses, and Social Security numbers, as well as information about bank accounts, payment cards, compensation and more for as many as 47,000 employees. According to the U.S. government, the hackers operated from North Korea, although some experts have doubted the charge. The thieves also swiped more than 173,000 emails and nearly 31,000 documents from the studio.

JPMorgan Chase (Oct.)—Hackers obtained names, home and email addresses, phone numbers and internal bank information about 83 million customers, including 76 million households.

Apple (Oct.)—Cyberattackers reportedly sought to intercept user IDs, passwords and other information from the company’s iCloud service in China. The Chinese government denied responsibility for the attack.

Staples (Oct.)—The office-supply chain confirmed it was investigating a potential theft of payment-card data. Two months later, Staples said that hackers swiped information for roughly 1.16 million credit and debit cards after installing malware at 115 of the company’s 1,400 stores in the U.S.

NATO, the Ukraine, Poland and the European Union (Oct.)—Hackers working on behalf of the Russian government allegedly used a flaw in Windows to swipe documents and other files from government and university offices, as well as energy and telecommunications companies.

Kmart (Oct.)—The retailer disclosed that someone had installed malware on payment systems at its stores but that no email addresses, PINs or Social Security numbers were swiped. Still, the information that thieves grabbed may have allowed them to counterfeit stolen cards.

Home Depot (Sept.)—Cyber thieves allegedly used an account belonging to a refrigeration contractor in Pennsylvania to steal 56 million credit and debit cards, as well as 53 million email addresses.

Jimmy John’s (Sept.)—An intruder or intruders used log-in credentials to pilfer numbers for credit and debit cards swiped at 216 of the sandwich chain’s more than 1,900 stores, along with cardholders’ names, verification codes and expiration dates.

Viator (Sept.)—The tour-booking unit of TripAdvisor notified customers that an intruder or intruders may have made off with payment information for as many as 880,000 customers, along with email addresses and encrypted passwords for another 560,000.

AB Acquisition (Aug.)—The parent of the Albertsons, ACME, Jewel-Osco, Shaw’s and Star Markets chains warned customers of a breach that may have resulted in the theft of credit and debit card information from some of its stores. About six weeks later, the company disclosed a second breach in which thieves used “different malware” than that used in the incident announced in August.

Community Health Systems (Aug.)—Hackers allegedly operating from China stole names, addresses, Social Security numbers, birth dates and telephone numbers belonging to 4.5 million patients of the chain, which operates 199 hospitals in 29 states. The attackers did not swipe payment data or clinical information, the company said.

AT&T (June)—The company said that three employees of one of its vendors accessed records—including Social Security numbers and information about calls—for some customers.

State of Montana Dept. of Public Health and Human Services (June)—Someone who broke into the state’s systems allegedly made off with addresses, birth dates, Social Security numbers and medical records for as many as 1.3 million people.

Domino’s Pizza (June)—The company disclosed that hackers swiped customers’ names, email addresses and even favorite pizza toppings for roughly 650,000 customers in France and Belgium.

P.F. Chang’s China Bistro (June)—Cyber thieves allegedly stole more than 7 million credit and debit cards, including numbers, cardholders’ names and expiration dates, from 33 of the chain’s restaurants.

Feedly (June)—Websites for this service, which delivers RSS feeds to roughly 15 million users, went down as the result of a distributed denial of service attack.

EBay (May)—Intruders allegedly stole customers’ names, encrypted passwords, email and home addresses, phone records and dates of birth for as many as 233 million users of the auction site. Three months earlier, the Syrian Electronic Army defaced websites belonging to both eBay and its PayPal subsidiary.

Sally Beauty Supply (March)—The beauty supply chain said that hackers accessed its network and stole information for roughly 25,000 credit and debit cards.

University of Maryland (Feb.)—An attacker or attackers infiltrated a database that contained names, Social Security numbers, dates of birth and university IDs for roughly 288,000 students, faculty and staff. The hack reflected the work of someone or some group of people who knew the university’s systems well, the university’s chief information officer told The Washington Post.

Neiman Marcus Group (Jan.)—Hackers used malware to steal roughly 1.1 million credit and debit cards from the Dallas-based retailer.

Michaels Stores (Jan.)—The retailer reported that it was looking into a potential security breach. Three months later the company said that thieves broke into its payment system and made off with credit and debit card information for 3 million customers.

Snapchat (Jan.)—Hackers said they published phone numbers and handles for roughly 4.6 million users of the video-message service that the hackers swiped in a New Year’s Eve raid.

2013

Target (Dec.)—Cyber thieves suspected of operating from Russia stole credit and debit card information for roughly 40 million customers along with names, mailing addresses, phone numbers or email addresses for as many as 70 million people.

Adobe Systems (Oct.)—A cyberattack on the software maker exposed names, IDs, passwords, and payment card information for nearly 3 million customers.

Experian (Oct.)—A subsidiary of the credit bureau sold personal and financial information about millions of Americans to a Vietnamese man who later pleaded guilty to running an identity theft service. The company said its credit files were not breached.

South Korean banks (March)—A cyberattack, alleged to have originated in North Korea, suspended online banking and paralyzed systems at Shinhan Bank, Nonghyup Bank and Cheju Bank.

LivingSocial (March)—The online marketplace asked customers to change their passwords after a cyberattack on the company’s systems exposed names, email addresses, passwords and dates of birth for more than 50 million people worldwide.

Evernote (March)—The note-taking service directed 50 million users to reset their passwords after hackers gained access to user IDs, email addresses and passwords tied to accounts.

U.S. financial institutions (March)—Distributed denial of service attacks slowed websites at a series of banks. A hacktivist group that called itself the al-Qassam Cyber Fighters claimed responsibility for some of the slowdowns.

Categories
News

From Runnymede to North Charleston, reflecting on the rule of law

Protesting the death of Eric Garner, who died after a police officer put him in a chokehold.
Protesting the death of Eric Garner, who died after a police officer placed him in a chokehold.

A terrific piece by Jill Lepore about the Magna Carta that appears in the latest issue of The New Yorker traces that charter’s contribution – both real and imagined – to the advent of the rule of law and leaves me reflecting on the idea of due process in the wake of shootings of unarmed black men by police in North Charleston, Ferguson and elsewhere.

Due process underpins constitutional law and, as Lepore notes, has factored heavily into U.S. Supreme Court decisions ranging from Roe v. Wade, the 1973 ruling that affirmed a woman’s right to terminate her pregnancy by abortion, and Lawrence v. Texas, a 2003 ruling that struck down state laws against sodomy.

But the idea of due process has been on display more recently in connection with the fatal shooting of Walter Scott by a police officer in North Charleston, South Carolina and the killing of Michael Brown by a police officer in Ferguson, Missouri last August.

As Lepore, a professor of American History at Harvard, recounts, the Magna Carta was sealed by King John in Runnymede, a meadow along the Thames about 23 miles southwest of London, 800 years ago this May. The King was there to meet with barons who had rebelled against his despotic rule, which included levying taxes higher than any monarch had before and holding hostage the sons of noblemen who fell into debt.

The barons presented the King with a series of demands, including one that read, in relevant part, “No free man is to be arrested or imprisoned…save by the lawful judgment of his peers or by the law of the land.”

Over the centuries, the Magna Carta has come to be viewed by as a bedrock of liberties, even if, as Lepore explains, the reality is that the charter “is on occasion, taken out of the closet, dusted off, and put on display to answer a need.”

Still, Lepore notes, “Such needs are generally political. They are very often profound.”

One of those needs has been the development of due process, or the idea that before taking a citizen’s life, liberty or property the state must follow fair procedures.

Dispossession factors heavily into land and property, of course. With his powers unchecked, the King could seize someone’s estate for any reason. But dispossession also factors into life and liberty, as in, the state has dispossessed you of your liberty, or your life, without due process. The Fifth Amendment of the U.S. Constitution provides, in relevant part:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The Fifth Amendment, together with the 14th Amendment, which applies the Bill of Rights to the states, reflects, as Lepore explains, “a revision of the twenty-ninth Article of the Barons,” which had been adopted by a series of states both before and after 1868, when the 14th Amendment became law.

Fast forward to North Charleston, where Scott, a 50-year-old black man, was shot and killed by Patrolman Michael Slager, a 33-year-old white police officer, following a traffic stop on April 5. Slager was charged with murder after a cellphone video showed him shooting Scott eight times in the back as Scott ran away.

During the week that ensued, supporters of Scott and his family rallied against racial injustice although they praised the rapid response by law enforcement in the matter. In a statement, Reverenced Jesse Jackson, addressed due process:

The punishment for traffic violation is not death. Police officers are sworn to serve and protect…not to act as judge and jury in the street…We should also release internal affairs records of proven police misconduct and reform tort laws to make it easier to obtain civil judgments against cities that retain officers known to violate citizens’ right to due process and equal protection under the law.

Similarly, The St. Louis Post-Dispatch, two days after the fatal shooting of Michael Brown in Ferguson last August, editorialized:

“Michael Brown didn’t get due process. The still unnamed police officer who shot the 18-year-old black teenager dead in Ferguson will get plenty of it. This is the root of the frustration that is driving the African-American community to the streets in north St. Louis County over yet another senseless killing of a young black man.”

As it turned out, a lack of due process factored heavily into the fatal shooting of Michael Brown but in ways that may be less apparent than the encounter between Brown and Officer Darren Wilson that ended in Brown’s death suggests. According to the Department of Justice, the City of Ferguson’s focus on generating revenue via its courts led to a pattern of unconstitutional policing and procedures that disproportionately harm African-Americans and undermine public safety.

“The large number of municipal court requirements being issued, many of which lead to arrest, raises significant due process and equal protection concerns,” DOJ found in a report published in March, quoting from decisions by the U.S. Supreme Court in several cases. “In particular, Ferguson’s practice of automatically treating a missed payment as a failure to appear – thus triggering an arrest warrant and possible incarceration – is directly at odds with well-established law that prohibits ‘punishing a person for his poverty.’”

Of course, the use of force by police officers in the absence of behavior that doesn’t pose a threat also contravenes due process. “Officers often use force in response to behavior that may be annoying or distasteful but does not pose a threat,” DOJ writes, quoting from a 2002 ruling by the U.S. Court of Appeals for the 9th Circuit. (“The Due Process clause protects pretrial detainees from the use of excessive force that amounts to punishment.”)

What’s more, the idea of due process extends to protestors. Writing in Slate, Dalia Lithwick and Daria Roithmayr noted that mass arrests of protestors who assembled last summer in Ferguson violated more than their rights to freedom of speech and assembly guaranteed by the First Amendment.

“We’ve seen very little coverage of the use of tear gas and rubber bullets as constitutional violations,” wrote Lithwick and Roithmayr (emphasis in original). “But the due process clause bans the police from using excessive force even when they are within their rights to control a crowd or arrest a suspect.”

As Lepore observes and as the protests in North Charleston, Ferguson, New York City and elsewhere remind us, the conception of due process may have a foundation in the Magna Carta but that doesn’t mean it was cemented there. Lepore notes the contradiction between the Supreme Court’s citing the Magna Carta in a 2008 ruling finding that detainees at Guantanamo Bay had been imprisoned unlawfully and the reality today in the U.S., where one in every hundred and ten people is behind bars.

“Due process is a bulwark against injustice but it wasn’t put in place in 1215,” concludes Lepore. “It is a wall built stone by stone, defended, and attacked, year after year.” The deaths of Scott, Brown and others demonstrate as much.

Categories
News

South Africa with (and without) the Internet

Sunset in South Africa's Midlands
Sunset in South Africa’s Midlands

At around 4:00 p.m. on Sunday the power went out here in the part of South Africa’s Kwa-Zulu Natal province that we live, one in a series of rolling blackouts by the republic’s main utility, which struggles to meet demand.

The weather outside was 75 degrees with a light breeze that carried a trace of smoke. My significant other and I heard a beep that signaled the shutdown, then the appliances kicked off.

The outage seemed like a good time to get out of the house. We resolved to bicycle around the village, a circuit that takes about an hour.

Others had similar thoughts. On our road, a neighbor walked her beagle. A couple from the cul-de-sac at the end were out with their two retrievers. Our ridgebacks, Tala and Juma, raced to them. The wife, who happens to be the vet who cares for our dogs, pushed their infant daughter in a stroller.

Later the sun set and the stars appeared. One burned a bright yellow.

That’s how it’s been here the past 10 days, when a combination of power cuts and spotty Internet conspired to connect me more closely with the days and nights.

Internet in the village comes from Telkom, a state-owned monopoly that serves most of the republic. Our house receives Internet via so-called ADSL, a pre-broadband era technology that, in theory, delivers Internet over copper telephone lines at speeds of around 5 gigabytes per second on a good day.

The ADSL here gives out at sundown sometimes. The house receives about one bar of cellphone service, which means you can’t use your phone as a hotspot.

Service delivery can be spotty in South Africa. Of course, we’re well off compared with most people. Nearly 65% of households in South Africa have no access to the Internet, according to the latest census.

Our spotty Internet connection feels like a throwback to the mid-1990s in the U.S., when the World Wide Web had just appeared and most of us dialed into the Internet via modems.

You connect when you can.

That leaves plenty to discover when you can’t connect. A week ago we biked along the beach in Durban, from the city front to the Blue Lagoon, where on Sundays Indian families, three and four generations strong, gather. We read a book of drawings by Jean-Michel Basquiat and watched a documentary about the artist in downtown Manhattan in the 1990s. We hooked up the speakers to the stereo that had been unconnected for years and listened to jazz. I began reading “The Fear,” a chronicle by the journalist Peter Godwin about Zimbabwe under Robert Mugabe.

Most days the dogs and I walk together at a farm nearby. They wake me in the morning.

Internet and more
Internet and more

If I want to work with an Internet connection, I head to the village library, where I can pick up a cellphone signal from Vodacom that registers four or five bars.

The library, which occupies a low-slung building, has sections in English, Zulu and Afrikaans. It also displays the latest local newspapers and periodicals. One day recently, I read the Mercury, a daily from Durban, flipped through an issue of GQ’s South Africa edition, and lost myself in an collection of essays by Nadine Gordimer, the South African writer who died last year.

The place is pin quiet. Sometimes the librarians chat softly in Zulu.

Categories
News

Rolling Stone’s failure and the lapses that led to it

Had Rolling Stone adhered to some basics of journalism the magazine might have avoided publishing the story of a student at the University of Virginia whose account of being raped at a fraternity on campus proved to be unreliable.

That’s the conclusion of a report published Sunday by Columbia University’s Graduate School of Journalism. Rolling Stone commissioned the school to investigate its handling of the story, which the magazine published in Nov. 2014.

“Rolling Stone’s repudiation of the main narrative in ‘A Rape on Campus’ is a story of journalistic failure that was avoidable,” write Sheila Coronel, Steve Coll and Derek Kravitz, the report’s authors. “The failure encompassed reporting, editing, editorial supervision and fact-checking. The magazine set aside or rationalized as unnecessary essential practices of reporting that, if pursued, would likely have led the magazine’s editors to reconsider publishing [the woman’s] narrative so prominently, if at all.”

“The published story glossed over the gaps in the magazine’s reporting by using pseudonyms and by failing to state where important information had come from,” they add.

The report is illuminative for anyone who performs acts of journalism. Over the course of nearly 13,000 words, the authors recount the process by which Rolling Stone reported, edited and checked — or failed to check — the story, which details an assault on a woman named Jackie that she charged took place in Sept. 2012.

According to the report, Jackie told the reporter, Sabrina Rubin Erdeley, that she was assaulted by a group of men at the Phi Kappa Psi fraternity. Jackie told Erdeley that she was invited to the fraternity by a co-worker named Drew, who according to Jackie coached seven others as they raped her one by one. Like Jackie, Drew is a pseudonym. Jackie became unresponsive to Erdeley when the latter asked Jackie about Drew’s identity. Eventually, Erdeley and her editors stopped trying to find him.

A similar reliance on pseudonyms undermined Rolling Stone’s failure to contact three friends of Jackie’s who Jackie claimed found her in the early hours of the morning immediately following the rape. For the story, Erdeley attributed quotes to each of the friends that Jackie had supplied. Erdeley noted as much in a draft of the story she filed with her editors.

Despite discussions between Erdeley and her editor about the need to confirm the account with the friends, the editor eventually approved the pseudonyms, not wanting, he told the Columbia reporters, to protect the friends from being identified with the “self-involved patter” that Jackie said they engaged in.

The Columbia report ends with a series of recommendations that, while specific to Rolling Stone and the story at issue, underscore practices that make sense for journalists everywhere.

They include an obligation to provide the subjects of our reporting with sufficient details that allow them to respond fully to charges, to surface and address inconsistencies, and to forbear from using pseudonyms, which can relieve reporters from asking questions that accuracy demands and distance readers from the identity of a source.

More generally, the report recommends that news outlets balance the sensitivity to alleged victims of sexual assault with the demand to verify information. In the end, verification aids survivors. According to the authors:

Because questioning a victim’s account can be traumatic, counselors have cautioned journalists to allow survivors some control over their own stories. This is good advice. Yet it does survivors no good if reporters documenting their cases avoid rigorous practices of verification. That may only subject the victim to greater scrutiny and skepticism.

None of the above is to suggest there’s anything intuitive or easy about the story that Rolling Stone set out to report. Or that the magazine doesn’t have journalists who work hard to report stories accurately and who, in most instances, report them well. As the investigators at Columbia write, “the pattern of [Rolling Stone’s] failure draws a map of how to do better.”

Though the lapses may belong to Rolling Stone, the lessons seem like a reminder for all of us.

Categories
News

News quiz, week ending March 27

1. Italy’s highest criminal court acquitted whom Friday in the death of British student Meredith Kercher in 2007?

2. American astronaut Scott Kelly and Russian cosmonaut Mikhail Kornienko blasted off Friday to spend 350 days aboard the International Space Station – about twice as long as visitors usually stay. What do scientists hope to study from the duration of the trip?

3. Who left “One Direction” this week?

a) Niall Horan, b) Harry Styles, c) Liam Payne, d) Zayn Malik

4. Which two giants of the food industry announced plans to merge?

5. The man who led Singapore’s transition to self-rule and later became the republic’s first prime minister – a post he held for 31 years – died Monday at age 91. Who was he?

6. The remains of which British monarch were reinterred this week, more than 500 years after he was killed in battle?

7. What was the intended route of the Germanwings flight that crashed Tuesday in a mountainous region of southern France?

8. This app, which is less than a month old and lets users share live videos with their Twitter followers, said Thursday it has raised $14 million in funding. What is the name of the app?

 

 

 

 

 

 

 

 

 

Answers

1) Amanda Knox and Raffaele Sollecito, her Italian former boyfriend; 2) The effect of spaceflight on the human body; 3) d; 4) H.J. Heinz and Kraft Foods; 5) Lee Kuan Yew; 6) Richard III; 7) Barcelona to Düsseldorf; 8) Meerkat

 

Categories
News

News quiz, week ending March 20

1. What Pacific nation was devastated by Cyclone Pam?

a) Nauru, b) Palau, c) Vanuatu, d) Maluku

2. Millions of people took to the streets in what country to air their frustration with a faltering economy and a corruption scandal involving the state-run oil company?

3. Investigators in Spain said they might have located the remains of what writer?

4. Microsoft said Wednesday that its Windows 10 operating system, which is due later this year, would mark the end of what product that was first launched in 1995?

5. “Just because we removed the word patient from the statement doesn’t mean we are going to be impatient,” Janet Yellen, chairwoman of the U.S. Federal Reserve, told reporters. To what was she referring?

6. What threat from the U.S. may have prompted Prime Minister Benjamin Netanyahu of Israel to backtrack from comments, made on the eve of Tuesday’s election, in which he ruled out the establishment of a Palestinian state?

7. What evidence emerged this week that shows the Arctic is being impacted by climate change?

8. Affiliates of the Islamic State claimed responsibility for attacks that left dozens of people dead in what two countries?

 

 

 

 

 

 

 

Answers

1) c; 2) Brazil; 3) Miguel de Cervantes; 4) Internet Explorer; 5) The Fed’s thinking about whether and when to raise interest rates; 6) That the U.S. might stop siding with Israel at the U.N. and in other international institutions; 7) At its peak, ice covered about 14.5 million kilometers of the northern oceans this winter, about 130,000 square kilometers less than the previous lowest maximum in 2011; 8) Tunisia and Yemen

Categories
News

News quiz, week ending March 13

1. President Edgar Lungu of Zambia reportedly is being treated for a narrowing of his esophagus. What disease was Lungu thought initially to have?

2. Which of the following fighting forces is not participating in the military assault on the Islamic State in the Iraqi city of Tikrit?

a) Iraqi troops, b) Turkish troops, c) Shiite militias, d) Iranian troops

3. What “extraordinary action” did Missouri’s supreme court take to restore trust in Ferguson’s court system?

4. What pay-TV service announced a deal to stream its programming on Apple devices exclusively for three months?

5. “U.S. senators officially announce that when this government leaves, its commitments will become nullified,” Ayatollah Ali Khamenei, Iran’s supreme leader, said Thursday. “Isn’t that the ultimate collapse of political ethics and the disintegration of the U.S. system?” To what was he referring?

6. How many people have died from the Ebola virus in Liberia, Sierra Leone and Guinea, according to the World Health Organization?

a) more than 8,000, b) more than 9,000, c) more than 10,000, d) more than 11,000

7. A group of women who advocate global disarmament plan to walk this May across what stretch of land?

8. What world leader’s absence from public view since March 5 has swirled speculation about the leader’s health, political prospects and romantic life?

 

 

 

 

 

 

 

 

 

Answers

1) Malaria; 2) b; 3) Assigned a judge of the state appeals court to oversee all municipal cases; 4) HBO; 5) An open letter to Iran’s leaders signed by 47 Republican U.S. senators warning that any agreement reached in negotiations over Iran’s nuclear program would be no more than an executive agreement; 6) c; 7) The Demilitarized Zone that separates North Korea and South Korea; 8) President Vladimir Putin of Russia

 

 

Categories
News

News quiz, week ending March 6

1. What African leader threw himself a birthday party that reportedly cost more than $1 million and featured elephant on the menu?

2. What Latin American leader said that his country had captured U.S. citizens involved in espionage?

3. Tens of thousands marched through Moscow on Sunday to mourn this opposition leader, who was shot dead near Red Square.

4. Who told the U.S. Congress: “I deeply regret that some perceive my being here as political.”

5. Which of the following volcanoes erupted this week?

a) Llaima, b) Etna, c) Tungurahua, d) Villarrica

6. A man wielding a knife attacked the U.S. ambassador to what country?

7. Sohu, one of China’s major Internet portals, announced a deal to create a Chinese-language version of what American TV program?

8. Scientists at work in Ethiopia have unearthed a jawbone from 2.8 million years ago. What is the main significance of the find?

a) It represents the oldest known evidence of an ape-like creature, b) It represents the earliest evidence of the human genus; c) It establishes that humans developed in parallel across Africa

 

 

 

 

 

 

 

Answers

1) Prime Minister Robert Mugabe of Zimbabwe; 2) President Nicolas Maduro of Venezuela; 3) Boris Nemtsov; 4) Prime Minister Benjamin Netanyahu of Israel; 5) d; 6) South Korea; 7) Saturday Night Live; 8) b