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The Ethics of Digidog

photograph of german shepherd next to surveillance robot dog

On February 24, the New York City Police Department employed a robot “dog” to aid with an investigation of a home break in. This is not the first time that police departments have used robots to aid in responding to criminal activity. However this robot, produced by Boston Dynamics, and affectionately named “Spot,” drew the attention of the general public after New York Congresswoman Alexandria Ocasio-Cortez tweeted a critique of the decision to invest money in this type of policing technology. While Digidog’s main purpose is to increase the safety for both officers and suspects during criminal investigations, some are concerned that the implementation of this type of technology sets a bad precedent, contributes to police surveillance, and diverts resources away from more deserving causes.

Is employing surveillance technologies like Digidog inherently bad? Is it ever okay to monitor citizens without their consent? And which methods should we prioritize when seeking to prevent or respond to crime?

In the United States, an estimated 50 million surveillance cameras watch us, many escaping out notice. The use of these surveillance cameras, formally called Closed Circuit TV’s (CCTVs), have dramatically expanded due to the interest in limiting crime in or around private property. Law enforcement often rely on video surveillance in order to identify potential suspects, and prosecutors may use this footage as evidence during conviction. However, there has been some debate about whether or not the proliferation of CCTV’s has really led to less crime, either through deterrence or through successful identification and capture. This lack of demonstrable proof of positive effect is especially concerning given the pushback against this type of surveillance as potentially violating individuals’ privacy. In a 2015 study by Pew Research Center, 90% of Americans ranked “not having someone watch you or listen to you without your permission” as very important or somewhat important. In a follow-up question, 2/3 of respondents ranked “being able to go around in public without always being identified” as important. Considering the clear importance of privacy to many Americans, increased surveillance might be considered a fundamental infringement on what many see as their right to privacy.

Digidog is a police surveillance tool. Equipped with a camera and GPS, the robot dog is capable of allowing officers to monitor dangerous situations without risking their lives. However, many are skeptical that Digidog’s use will be limited only to responding to crime and could soon instead become a tool to patrol the streets. In one particularly alarming example, an MSCHF Product Studio armed their robot dog with a paintball gun and demonstrated how easy it was to shoot the gun from a remote location. If police departments began arming these robot dogs, the potential for violence and brutality stands to increase. As yet, these uses have not been explicitly suggested by any law enforcement agency, and defenders of Digidog point to its limitations, such as its maximum travel speed, usage in many fields other than policing, and its lack of covert design. These features suggest that Digidog is not yet the powerful tool to patrol or surveil the general public that critics fear.

In terms of Digidog as an investment to combat crime, is it an unethical diversion of money, as Congresswoman Ocasio-Cortez has suggested? In the past year, calls to decrease or reallocate police funding have entered the mainstream. The decision to invest in Digidog could be considered unethical because its benefits to the public can’t justify its significant cost. Digidogs themselves cost around $74,000 each. Considering that they are only intended for use in extreme and dangerous situations, their usage is rare, and they do not appear to improve the life of the average individual. However, by serving as a weaponless first responder, Digidogs could save both the lives of officers or those suspected of engaging in criminal activity. Human error and reactivity can be removed from the equation by having robots surveil a situation in place of an armed officer.

Whether or not the Digidog represents an ethical use of public funds may turn on the legitimacy of investing in crime response rather than crime prevention. As previously noted, “Spot” is primarily used to respond to existing crime. Because of this, critics have suggested that these funds would be better aimed at programs that seek to minimize the occurrence of crime in the first place. Congresswoman Ocasio-Cortez’s tweet, for example, makes reference to those who suggested resources should go to school counseling instead. In fact, some criminology experts argue that investing in local communities and schools can drastically decrease the incidence of crime. Defenders of Digidog are quick to point out that the two goals are not mutually exclusive; it is possible to invest in both crime response and crime prevention, and we need not pit these two policy aims against one another. It is unclear in this situation, however, whether similar funds were directed at preventing crime as were spent in purchasing Digidogs.

This investment in Digidog could also be seen as unethical not just in terms of its lack of efficiency in addressing crime, but also in terms of the lack of similar treatment in other areas of social concern. In a reply to her original tweet, Ocasio-Cortez retorted “when was the last time you saw next-generation, world class technology for education, healthcare, housing, etc. consistently prioritized for underserved communities like this?” In a time when so many have called to defund the police following centuries of police violence against Black people, it seems an affront to invest money in technologies designed to aid arrest rather than address systemic injustice. Highlighting this disparity in funding shows that urgent social needs are being unjustly prioritized last. Again, defenders of Digidog might respond that this comparison is a false one, and that technology can be employed for both policing and social needs.

Together, these concerns mean that Digidog’s usage will continue to be met by skepticism, if not hostility, by many. As police and surveillance technology develop, it remains especially important that we measure the value these new tools offer against their costs to both our safety and our privacy.

Complications in Our Picture of Looting

photograph of boarded up business in downtown LA

Not all opinions are socially acceptable. Oftentimes, there is a range of acceptable opinions and opinions outside that range are not given even the slightest consideration. In May of 2020, a Minneapolis police officer, Derek Chauvin murdered an unarmed man named George Floyd through suffocation over the course of eight minutes while several other officers held back the crowds from stopping him. In response, many people have protested, some people have rioted, and a small number of people have looted. Opinions about these actions vary but, in general, we tend to think that nonviolent protests are acceptable while violent riots are not. A few support riots, but almost no one supports looting. However, the morality of looting is not as clear-cut as public opinion might suggest.

“Looting” is distinguished from ordinary theft in a few important ways. First, the word itself has its origin in describing military forces pillaging a conquered area. Thus, looting implies a breakdown of the ordinary social order. Looters, military or otherwise do not much fear prosecution for their actions.

Second, looting is always associated with a context of destruction. Looting involves not only taking property, but also destroying or damaging the business or home where the property is found. As economist Alex Tabarrok argues here, looting may be a worse crime than ordinary theft since “Looters destroy intermediate goods and infrastructure and gain far less than owners lose.”

Third, theft is more or less universally objected to by the members of a community where it takes place while looting can have public support. Thus, looters less frequently hide their identities as compared to thieves. And, looting is often done by groups, pairs, and family units while theft is usually conducted individually. It may be hard to believe that looting would be supported by the community where it takes place, but this instinct toward disbelief can be explained by the flawed assumptions people have about the motivations looters have for their actions.

The conventional view is that looting is universally opportunistic: most people believe that looters see the opportunity presented by the chaos of protests, riots, and the breakdown of law and order and use it to steal things they want for their own gain. A few, more charitable people might say that looters have no ignoble motivation and act according to some instinct that takes over in times of great stress. Almost no one believes that reasonable, well-functioning members of society would engage in violent looting. Nonetheless, these are exactly the sort of people who engage in looting according to the evidence.

L. Quarantelli and Russell R. Dynes were the founders of disaster sociology and wrote on the nature of looting in an article titled “Property Norms and Looting: Their Patterns in Community Crises.” This article was written in 1970 and the authors focused their analysis on the riots and looting that occurred between 1964 and 1968 as part of the Civil Rights Movement. Given the cause of the present riots, this article’s subject, though long past, is analogous enough to the present situation for its findings to stand the test of time.

In contrast to popular belief, they found that those engaged in rioting and looting were not the most disaffected, alienated people. In cases where black people rioted in their communities, up to one fifth of the black population participated, including many employed people with strong social ties. These people did not loot out of economic need and they were not the sort of people one would expect to be overtaken by impulse. In fact, consistent majorities in these communities viewed the riots and looting as a form of protest.

Suffice to say, rioting and looting are not broadly believed to be legitimate forms of protest. People have numerous arguments against these extreme forms of protest. Let’s briefly consider a few of these, one utilitarian, one deontological, one based in virtue ethics, and one based on an appeal to law and order.

People oppose rioting and looting on utilitarian grounds because they believe that these forms of protest cause great harms in the form of destruction of property and loss of life and have no outweighing benefits. This view is especially obvious if you view all rioting and looting as opportunistic, as violence and theft perpetrated by people who want to steal and who enjoy the chaos. However, the foundation of the argument grows shaky if violent protests are capable of affecting large scale social change.

The deontological argument against rioting and looting stems from a belief that in participating in these actions, people fail to uphold their duty to maintain other people’s rights. If people are killed in a riot, those people’s right to life has been violated. Looting violates business owners’ property rights. This argument is only defeated if by rioting and looting people obey some higher duty that they could not obey without violating other people’s rights.

The argument from virtue ethics says that good people don’t riot and loot. People advancing this argument point to preferable protests: the nonviolent protestors today as well as the gold standard, MLK Jr. and those who protested alongside him. These people, like the utilitarians, depend on the idea that looters are inspired to action by selfishness. If rioting and looting serve some higher virtue, then the argument is defeated.

Finally, and perhaps most commonly, people merely appeal to a vague sense that it is wrong to disrupt the social order. These people are opposed to all forms of illegal protest. Even if they claim to agree to the righteousness of the cause of protest, they disagree with the means of protest. The weakness of this appeal is in the righteousness of the social order. It is hard to defend upholding a social order that is deeply unjust; this is, of course, the same argument that MLK Jr. came up against in pursuing his nonviolent, though frequently illegal, protests.

The arguments against rioting and looting might seem overwhelming, but they are not undefeatable. Each depends on some assumptions that are not obviously true. Furthermore, there are some positive arguments that rioting and looting are forgivable, arguments that they are justified, and arguments that they are necessary. By considering these, we may come to a more balanced assessment of the morality of extreme protests.

The easiest argument to make is that looting is, in many cases, forgivable. In making this argument, we don’t have to defend the morality of looting. It is still an important argument to make, though, since many people are advocating extreme violence toward those who are participating in extreme protest. President Trump tweeted that “when the looting starts, the shooting starts,” mirroring former Miami police Chief Walter Headley who used the phrase in 1967. Headley was infamous for what he called a war on “young hoodlums, from 15 to 21, who have taken advantage of the civil rights campaign. … We don’t mind being accused of police brutality.” Obviously, “hoodlum” here is a dog-whistle for young black people. And, it should be obvious that using lethal force against people who are looting, essentially committing property crimes, is disproportional and unconstitutional, equivalent to executing people without trial for crimes that are never punished with execution.

Looting and rioting may be forgivable if they are prompted by incredible rage at a criminal injustice, such as the murder of George Floyd. Though many regard this rage as being misdirected when it is applied to businesses. We tend to think that a person’s judgment being clouded by emotion is enough to diminish their legal culpability. So-called “crimes of passion” are already punished less severely than premeditated crimes. We can extend this reasoning to think rioters deserve a great deal of forgiveness.

MLK Jr. gave a speech called “The Other America” where he said that “a riot is the language of the unheard.” Rather than being an action taken out of selfishness, rioting and looting are actions taken as a cry for help, a call for reform, albeit an extremely disorganized sort of call. He went on to ask this sharp rhetorical question: “what is it that America has failed to hear?” And he answered it thus: “It has failed to hear that the plight of the Negro poor has worsened over the last few years. It has failed to hear that the promises of freedom and justice have not been met.” Given the stunning amount of racist police violence that persists to today, it’s clear his words ring just as true in 2020 as they did in 1967. So, if any crimes at all should be forgiven, looting that causes no physical harm to anyone is one of them. We can still hold that looting is a crime, and that it deserves punishment while still maintaining that it is not unforgivable and deserving of execution by cop or soldier.

Arguing that looting and rioting are justified is quite a bit harder, though still very possible. Prominently, The Daily Show host, Trevor Noah, did this very thing in a video he posted in the midst of the protests. Noah justifies the ongoing extreme protests by appealing to social contract theory and turning the question on its ahead. Instead of asking “why do people loot?” he asks “why don’t people loot?” and attempts to give an answer. Hearkening back to seventeenth century English philosopher Thomas Hobbes, he argues that people are only obliged to follow the laws because they have agreed to do so in order to enjoy the benefits of an ordered, just society that cannot exist without laws. But, as Vanity Fair transcribes him saying,

“As with most contracts, the contract is only as strong as the people who are abiding by it. If you think of being a black person in America who is living in Minneapolis or Minnesota or any place where you’re not having a good time, ask yourself this question when you watch those people: what vested interest do they have in maintaining the contract? Why don’t we all loot?”

The greatest benefit people gain from escaping the Hobbesian “state of nature” is protection of their lives and property. As black people are under constant threat of murder by the government (through the police) they cease to have any reason to obey the social contract. It’s all risk, no reward, essentially. Given that, if they can’t escape the risk, they might as well enjoy the reward of the state of nature, getting to take whatever you can by your own power.

More radically, some argue that looting is justified not because it is itself a right action, but because its rightness or wrongness pales in comparison to the institutionalized looting of the poor by the rich. Former senior adviser of the 2020 Bernie Sanders campaign David Sirota asks why “Working-class people pilfering convenience-store goods is deemed ‘looting,’” while “rich folk and corporations stealing billions of dollars during their class war is considered good and necessary ‘public policy.’” He compares the amount of value transferred unjustly from business owners to working-class people via looting (small) with the amount of value transferred unjustly from working-class people to business owners via the regressive tax cuts of the Trump administration (very large). Perhaps it is wrong to loot, but business owners still end up better off than those who loot their businesses via their “theft” of working-class wealth. Just because that latter wealth transfer occurs through official channels does not make it moral just as the former wealth transfer is not immoral merely because it is illegal.

Some even go so far as to say that rioting and looting are necessary for real social change to occur. Rather than appealing to the moral sensibilities of those in power, these people take a the political realist approach and seek to make the cost of reform less to these people than the cost of continuing the status quo. Self-interestedly, then, the powers that be will influence the political agenda to induce reform. Arguably, rioting and looting works to this end: looking again at the article from E. L. Quarantelli and Russell R. Dynes, we can see extreme protests raged after the assassination of MLK Jr. and less than a week later, major civil rights legislation was passed. Afterward, the frequency of large scale rioting and looting drastically decreased.

On the other hand, rioting and looting can backfire: the powers that be can stop the rioting and looting by enacting reform, but they can also stop it by increasing police repression of protestors and minorities. After the Civil Rights Movement and all the extreme protests that came along with it, there was backlash with the election of Richard Nixon who campaigned on “law and order,” whose administration oversaw the Kent State shooting of thirteen unarmed protestors, killing four, and whose domestic policy chief John Ehrlichman was quoted as saying “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people.” This idea is commonly known as “the activist’s dilemma.” The evidence suggests that extreme protest actions can enact social change and diminish public support for a protest’s cause. It is paradoxical, but makes some sense if one thinks of change as being enacted by those in power, whose interests are not identical to the population at large.

Looting and rioting are extreme responses to extreme injustices. The murder of George Floyd is an unacceptable symptom of a policing system that is based on “domination” rather than the consent of the governed. It is unjust that more black people are killed than white people than would be expected given the share of each in the population. More importantly, though, it is unjust that unarmed people are being killed by police in broad daylight without trial. Something needs to be done to rectify these injustices. Ideally, change could be instituted by peacefully persuading people but given how these injustices have persisted despite decades of peaceful persuasion, there is reason to question whether more extreme protest measures are justified. At the very least, those who choose to engage in extreme protests such as by rioting and looting are forgivable. There is good reason to think that extreme protests are even justified. And, it may even be that looting and rioting are necessary for real social change. The activist’s dilemma, however, gives us reason for pause.

Ultimately, protest is a chaotic activity by nature, prompted by the rage that stems from injustice. Rather than focusing our ire on those who react imperfectly to those injustices, we ought to focus on the circumstances that prompt people to act in ways that may make things worse rather than better. No matter how many TVs are stolen, no matter how many windows are broken, it is hard to compare these property losses to the loss of human life that comes from the unjust and racist oppression of the people by the government in a country that prides itself on originating such ideas as “liberty and justice for all.”

The Pandemic and the Threat of Income Inequality

photograph of Sao Paulo favelabutting up against expensive buildings in background

In years past, the concept of national security has primarily been understood militarily. Recently, however, the effects that the disparity between the very rich and the poor has on national security have been hypothesized as a potential cause of social unrest, increased crime, or as a threat to economic growth. With the COVID-19 epidemic, the potential for wealth inequality to act as a threat to national security is even more obvious; poorer people are disproportionately affected by the epidemic and this makes it more difficult to manage. Recognizing that income inequality is a national security issue highlights a new aspect of its moral significance for societies everywhere.

The United States has one of the highest levels of wealth inequality in the developed world. It is not new information to most people that the top 1% of income earners make 30 times the income of those in the middle. The top 10% of families held 76% of the wealth in the United States in 2013. Over the past ten years many have tied this information to national security. An article from 2013 notes that this disparity, along with a lack of employment, could lead to an increase in youth gangs, property crime, and higher prison populations. Another from 2018 similarly points to the potential for higher crime. Despite these concerns, others have argued that we should not see income inequality as a problem. In 2013, the Cato Institute argued that the threat of civil unrest owing to income inequality is negligible and has no relationship to the concept of national security, noting “it is difficult to credit the view that inequality poses a security threat unless ‘security’ is completely redefined.” In 2017, the Heritage Foundation published a report arguing that there is little evidence that the very rich and the very poor have significantly divergent interests or influence over policy.

Yet, one event that the articles I have cited did not seem to see coming was an existential threat like a viral pandemic. It is well known from past cases that viral outbreaks can be particularly harsh on the poor. During the 1918 Spanish flu epidemic, the poor were significantly affected by the first wave. During the current COVID-19 epidemic we see this pattern repeating. Given that many people are now staying and home and not working, income is falling. Half of the nation would not have $400 if needed for an emergency which means that they are going to have a difficult time paying their rent and other living expenses. The result is going to be that millions will not be able to pay and could face evictions. While some politicians and governments are working to prevent this, that hasn’t stopped the calls for rent strikes during the pandemic. This means that during a time when social distancing is necessary, evictions and increases in the number of homeless will make the spread of the virus more difficult to contain.

In addition, wealth inequality is having a direct effect on healthcare. Roughly 10% of Americans did not have health insurance before the pandemic and most of these are likely to live in poverty. Without insurance, people are more likely to want to treat themselves at home or to avoid seeing a doctor. Now, millions of Americans who rely on employment benefits for coverage may now lose it. As many as 14 million may lose their jobs by summer. Those most vulnerable for losing their jobs are likely to work in the service and retail industries and are more likely to be low-wage workers. The cost of treatment for COVID-19 can be up to $35,000. This means that millions of Americans who could already not afford to pay rent can definitely not afford the potential cost of treatment. Indeed, there are already reports of potential deaths owing to lack of insurance.

What this means is that you now have large numbers of people who, despite the risk of increasing the spread of COVID-19, now still need to work in order to prevent losing their homes and their coverage. You have people who have now lost their jobs and their healthcare coverage less likely to seek medical care if they need it or to follow health protocols prescribed by governments to prevent the spread of the virus. This means that less will come forward for testing and less treatment of those who may have contracted COVID-19. As Joseph Eisenberg, chair of epidemiology at the University of Michigan notes, “People will go a lot longer since they don’t have access to healthcare…that both means they’ve been in the community more and been transmitting more, and when they get to the hospital their prognosis is going to be a lot worse.” So, in addition to a health crisis, there will also likely be an insurance crisis and a housing crisis owing to the economic situation of those worse off.

In addition, many of the jobs now deemed essential to keep supply chains going are those filled by the working poor. These include those who work in the food industry, custodial staff, many others including grocery stores staff. These people, in addition to staff employed in Amazon warehouses, are worried about a lack of protection against the virus. Amazon workers are calling for a strike to demand protection. Grocery store staff are worried about a lack of protective equipment as well. Despite efforts to protect these employees, several of them have now contracted the virus. At first many of these employers were not even offering paid sick leave and now that they are, there is still confusion. While many of these employers are now offering pay raises in response to the crisis, this still means that we are in a situation where most of us are now depending on low income workers to keep deliveries coming and to ensure that there is still food on the store shelves. These individuals are the very same who are now at a higher risk of contracting the virus and simultaneously less likely to seek treatment for it.

How does all of this relate to national security? Income inequality has exacerbated the healthcare crisis, will contribute to the eventual economic and financial crises, and has resulted in a situation where society is now counting on many of the poorest people to continue to risk their health in order to ensure supply lines continue to function, all while being more likely to be hurt by the pandemic. Now only does this increase the risk of social unrest, it makes handling the pandemic more difficult. Income inequality is now an existential threat to national security. While it may be easy to think that once the pandemic ends this threat will pass, a warming climate means the range of disease-carrying animals is increasing; this may not be the last major pandemic we will face. While it is cynical to think that we should only deal with a problem like income inequality because of this, the fact that the disparity between the rich and poor is a national security threat reminds us that there is a moral significance for everyone to do something about it.

Aging and Blaming in the Criminal Justice System

Photograph of a long hall of cells with light and a dome at the end

This article has a set of discussion questions tailored for classroom use. Click here to download them. To see a full list of articles with discussion questions and other resources, visit our “Educational Resources” page.


A recent study in the medical journal The Lancet suggests that, if trends hold, 50% of babies born today will live to be over 100 years old.  Though long life is typically thought of as a good thing, some of our ordinary practices may need to change to track philosophical and practical challenges posed by longer life spans.  In particular, we need to reflect on whether our attitudes about blame and punishment need to be adjusted. For example, last year, John “Sonny” Franzese was released from an American prison at the age of 100.  Franzese was sentenced to fifty years for a bank robbery. The unique challenges and philosophical questions posed by extreme old age cast the moral permissibility of incarcerating the elderly into question.

Arguably, we need to think critically about duration of punishment. The criminal justice system in The United States relies heavily on retributivism as a justification for sentencing.  The concept of blame is central to a philosophy of retributivist justice. As an act of retribution, criminals are often given multiple life sentences or are sentenced to a number of years in prison that far exceeds the amount of time that criminal could reasonably expect to be alive. There is room for debate concerning the usefulness of blame as a moral concept.  Supposing, however, that blame is an important evaluative attitude in our moral lives, there is good reason for reflection on whether and under what conditions other moral considerations are more important than whether an agent is morally blameworthy. As lifespans increase, a life sentence becomes a still more serious proposition. At what point, if any, does respect for human dignity outweigh our retributivist concerns to ensure that a blameworthy agent is held responsible for their actions?

Intuitively, regardless of the nature of the crime, there are some upper limits to how long it is appropriate to punish someone.  For example, in his paper Divine Evil, David Lewis points out that it could never be just to punish a person infinitely for a finite crime.  Of course, in the context of the paper, Lewis is arguing that an omnibenevolent God couldn’t sentence a person to an eternity of torment in hell for a finite sin, but the main point here holds.  If human beings were immortal, it would be unjust to hold them in prison forever with no chance of release as punishment for a single crime or series of crimes.  That suggests that there is a time at which continuing to punish a blameworthy person is no longer morally justified. Some countries, like Portugal, Norway, and Spain, don’t sentence convicted criminals to life in prison at all.  In many other European nations, a life sentence always includes the possibility of parole. The understanding seems to be that a life sentence without the possibility of parole is a human rights violation. Even if the United States does not come around to thinking about the issue in this way, as human lifespans continue to get longer, it’s important to identify the point at which punishment is no longer morally permissible.

For retributivism to be justified, our assessments of blame must be apt.  For our judgments of blameworthiness to be apt, it must be the case that we are blaming one and the same person who engaged in the wrongdoing for which they are being blamed.  Increased lifespans muddy the waters of identity judgment. An extremely elderly person may have little to no psychological continuity with the being they were when they engaged in wrongdoing.  In his paper The Makropulos Case: Reflections on the Tedium of Immortality, Bernard Williams argues that if a being were immortal, or even if that being were to live an exceptionally long life, that being would either become extremely bored or would change so much that they would no longer be justified in judging future experiences as their own experiences.  Living a flourishing human life is a matter of setting goals and completing projects.  The kinds of goals we set goes a long way to establishing who we are as people. If we continue to set goals of the same type, Williams argues, we will inevitably get bored.  If we set different goals, we will eventually become totally different people, unrecognizable to our former selves.

Aging criminals aren’t immortal, but as human lifespans continue to increase, it may well be the case that they resemble their former selves in very few respects.  If this is the case, it is far from clear that our identity judgments are justified or that our assessments of blameworthiness are apt. This recognition should also cause us to reevaluate our goals when it comes to punishment.  As prisoners age, should our philosophy of punishment still be retributivism?

If blame is a useful moral concept, it is, at least in part, because a moral community that makes use of blame has a mechanism for encouraging bad actors to change their behavior in the future.  To successfully bring about this change in behavior, it is important that the behavior in question is a salient thread in the life narrative of the wrongdoer. Once enough time has past such that this is no longer true, it’s possible that continuing to blame a wrongdoer no longer serves this important social function in our moral community.

Getting Personal About Personal Genetic Information

Photograph of two boxes by the brand 23AndMe

Learning about the ins and outs of what makes you, you has become a trend in recent years due primarily to the popularization of genetic testing companies such as 23andMe, AncestryDNA, or GEDmatch. All three companies may have stickier corporate policies than what you might expect from a harmless saliva collection kit. In fact, in recent months, story after story has surfaced regarding the largely nonexistent privacy protections on personal genetic information. At the end of April 2018, authorities were able to identify and eventually prosecute the ‘Golden State Killer’ suspect using genetic information, which was acquired through a genealogy site called GEDmatch.

This site, as explained by The Atlantic, is a website where individuals can upload their genetic information in the hopes of finding unknown relatives through DNA commonalities. However, authorities utilized this site to create a fake profile and uploaded DNA found at a crime scene, where it was soon matched to a distant relative of the man eventually identified as the killer. As you can imagine, this created a widespread privacy concern for not just GEDmatch users but consumers of other genetic testing databases, and provoked questions about whether the greater common good was morally permissible over breaching individual privacy. It was revealed through the Freedom of Information Act that the Federal Trade Commission is investigating DNA testing companies like 23andMe and Ancestory.com over their policies for handling personal infomation and genetic data and how they share that information with third parties.

Not only has private genetic information been exploited to solve multiple murder cases, but in 2017 NBC warned consumers of the potential risks of giving companies access to their complete genetic codes. As Peter Pitts, who is part of  a medical advocacy group, stated,  genetic code “is the most valuable thing you own”. Although the majority of legitimate companies ensure customers that they do not share this information with researchers or third parties, media outlets including NBC are encouraging people to read the fine print of these broad contracts that have to be signed before personal samples are submitted for analysis. In fact, even though many of these companies market themselves as purely targeting genealogy, there is still critical information about your health illustrated in your genetic code, which in the wrong hands could be devastating to personal privacy.

Even more terrifying is the concealed nature of genetic information. For example, in comparison to your credit card information, where you can eventually see purchases which cannot be attributed to your own spending, you may never find out if a third party has your personal genetic information. Beyond having something interesting to discuss over the Thanksgiving table, many individuals use DNA testing in order to contribute to future medical advances. However, as Marcy Darnovsky of The New York Times suggests, “there are more efficient ways of contributing to medical advances than paying to hand over your genetic health information to companies like 23andMe.” In late 2015, 23andMe announced two deals with some of the largest pharmaceutical and biotech corporations in the industry in order to find treatments for diseases hidden in our DNA. Concerns arise after reading through 23andMe’s consent document, which acknowledges the fact that once you send off your genetic information there are no guarantees of anonymity. In fact, breaches in confidentiality could affect more than just you — they could impact your family members as well, since you share a similar genetic code. Darnovsky explains that “a 2008 law prohibits health insurance companies and employers from discrimination based on genetic information, but the law does not cover disability, life, or long-term care insurance.”  

Another noteworthy negative impact of this information being provided is that the general public may not be able to decipher wordy scientific information. How are they going to deal with potentially devastating news about their own or their children’s future health, in terms of genetic risk for getting certain diseases or their carrier status? A quick look at the 23andMe website shows that anyone can get their health information regarding genetic probability for certain illnesses. 23andMe actually states “Genetic Health Risk reports – learn how your genetics can influence your risk for certain diseases”. Even though they do mention that having positive for a certain gene does not necessarily mean one will get the disease, a naïve or uninformed individual could take this information to mean that they are certainly getting this illness. In this new era of simplifying genetic information so the general public can “learn more about themselves,” it is imperative that we not only advertise companies that can make this possible, but also make clear the risks associated with such lenient confidentiality contracts. A breach of your genetic information means anyone in a pharmaceutical company laboratory not only knows what color eyes you have, but they know exactly what diseases you have a probability of getting. Careful evaluation is therefore critical in determining whether learning more about oneself through genetic testing, is worth the risk produced due not only to many companies negligence of personal privacy, but their nonspecific privacy guarantees which could easily be exploited by third parties.

The takeaway for any lay person not familiar with the ins and outs of genetic information specifically how to interpret it,  is that they should be especially cautious of these geneology tests. Consumers should take care to read the fine print which describes the company  privacy policies and also recognize these genetic testing companies as businesses who will protect their own interests, whether or not they are favorable or not to their consumers.

 

How Should We Consider Brett Kavanaugh’s Sexual Assault Allegation?

photograph of a woman holding a sign with the slogan "kava-nope" and a picture of Brett Kavanaugh

For several weeks, coverage of the already-controversial proceedings surrounding the confirmation of Supreme Court nominee Brett Kavanaugh has been dominated by the possibility of sexual misconduct on the part of the nominee. Prior to Christine Blasey Ford’s sexual assault allegation, Kavanaugh was already regarded by many to pose a threat to women’s rights. Those voices have now redoubled, resulting in the nomination committee delaying a vote on Kavanaugh’s confirmation until after Ford has testified before the committee. Kavanaugh has denied the allegation.

Given a standoff between two conflicting individual claims—and, as of yet, no formally presented evidence—there is no point to arguing about the validity of Ford’s allegation. Nor would it be fruitful to delve into anecdotes reflecting each party’s character: such a discussion may be interesting, but ultimately comes down to hearsay. Instead, let us take this moment to consider the full ramifications of Ford’s allegation. How should the nomination committee proceed to maintain its ethical integrity?

It seems clear that the decision to delay a scheduled vote in light of the allegation was a sound one. An appointment to the Supreme Court is a decision that will affect politics, policy, and therefore the lives of millions of Americans for years if not decades to come. Unlike the winners of elections, members of the Supreme Court are appointed for life; they will not be removed from their position except in the most extreme cases, let alone in the next election cycle. This suggests that any decision made by the Senate in this situation should be a deliberate rather than a hasty one. It is true that the United States government does eventually need a full Supreme Court to be operating as was intended, so there is a good reason to avoid indefinite delay, but the Court has managed for more than a year with only eight justices, and the court’s role in the government is rarely especially time sensitive—there is no reason to begrudge the committee another few weeks or even months in order to be sure of the correct decision.

When the committee has heard Ford’s testimony, allowed Kavanaugh to respond, and examined the available evidence, what should its reaction be? Perhaps more importantly, what should our reaction be? What are the circumstances that would justify denying Kavanaugh’s confirmation? The most extreme case would be if Kavanaugh were convicted of sexual assault. In that situation, most people would agree that appointing him to the court would be unethical. But it is worth investigating exactly why one would hold this view. Is it a problem to have committed any crime? Some would say yes, especially considering the Supreme Court’s role in interpreting laws for the national legal system. But should that include all crimes, including traffic violations? Most people would not hold themselves to the same standard. A compromise might be to take only felonies or violent crimes under consideration. And would this edict have a statute of limitations? The allegation against Kavanaugh is from when he and Ford were both in high school; can we entertain the possibility of dramatic changes in personality over the span of several decades? Then again, the case is mounting in favor of a pattern of unacceptable behavior on the part of Kavanaugh: a second allegation has been brought to bear, this time from Kavanaugh’s Yale classmate Deborah Ramirez.

Furthermore, should all public officials be held to the same standard? Is it only because Kavanaugh’s potential position involves the administration of law, or is it a matter of putting any kind of criminal in any position of power? The answer to this question would have major implications outside of this case, as allegations of misconduct are brought up in elections around the nation.

Another way of looking at this problem is to ask what is achieved by keeping someone off the bench because of a past crime. There are two distinct possibilities: either the crime compromises the ability of the perpetrator to carry out the duties associated with their position, or the denial of the Supreme Court seat is an extension of the punishment for the perpetrator’s crime. The goal is either to protect the American people from a dangerous agent, or to mete out retribution for a crime.

This conclusion informs our decision about less extreme hypotheticals around Kavanaugh’s case. He has not been convicted of a crime, and the assault alleged by Ford would have taken place when Kavanaugh was a minor, meaning that even if he had been convicted at the time, there would be no continued legal consequences in force today. If keeping Kavanaugh off the Supreme Court were only a form of retributive justice, it would be a difficult argument to support. However, if the aim is to judge Kavanaugh’s overall fitness for the court, taking Ford’s allegation under consideration might be prudent. While it could be argued that Ford’s testimony is very convenient to a perceived liberal political agenda, this fact alone should not be enough to disregard her testimony altogether. Her speaking out is no more politically expedient to the left than her silence would have been to the right. In a case outside of the political sphere, we would not assume ulterior motivation from an alleged victim of sexual assault.

Spilled Blood in the Bloodline: The Ethics of Using Genealogy to Catch Criminals

On April 24th 2018, authorities arrested 72- year-old Joseph James DeAngelo.  Investigators had compelling evidence to suggest that DeAngelo committed at least 12 murders, 50 rapes, and over 100 burglaries throughout California in the 70s and 80s, earning him the monikers “The East Area Rapist” and “The Golden State Killer.” DeAngelo might have lived out his life without being caught were it not for the existence of a genealogy website.

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Does America Believe in Rehabilitation for the Incarcerated?

A low-angle photo of barbed wire at a prison.

Michelle Jones wasn’t the only applicant to be rejected from Harvard University this year. However, hers is in many ways a special case. While she was initially accepted by the history department of Harvard’s Graduate School of Arts and Sciences, her acceptance was ultimately overturned by Harvard’s administration. This move was in connection to the most interesting part of her case: Ms. Jones was only released in August of this year from the Indiana Women’s Prison after serving 20 years of a 50-year sentence for homicide. Although the legal system considered her sentence to be served in full, Harvard University—an elite academic institution—considered her past conviction as grounds for rejection. What does this say about the notion of reform and rehabilitation in the United States?

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Facebook Live’s Violence Problem

On the evening of Easter Sunday, 74-year-old Pennsylvania resident Robert Godwin was enjoying a walk through his neighborhood after a holiday meal with his family when he was approached, at random, by self-described “monster” Steve Stephens.  Stephens, who was given the moniker “The Facebook Killer” by the media, blamed what was about to happen to Godwin on his broken relationship with his girlfriend, before shooting Godwin in the head, killing him instantly.  

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Evaluating Solitary Confinement: A Matter of Values

Untidiness, tattooing, insolence towards a staff member, “reckless eyeballing,” and possession of an excessive quantity of postage stamps. These are all behaviors that are officially punishable by “restriction to quarters” and “change of housing” in the US Federal Prison System, according to Quartz. Thus, you can be placed in solitary confinement for relatively innocuous infractions, and the clear potential for abuse of this practice is one reason why the use of solitary confinement to punish prisoners has recently come under intense pressure. New York reached a legal settlement in 2015 with the New York Civil Liberties Union regarding the aggressive use of solitary confinement in its prisons, and a multi-year process was begun to lessen the times people spent in solitary confinement and to improve conditions in solitary confinement units.

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Loitering, Jaywalking, Mopery: Crime or Punishment?

Food Not Bombs, a grassroots organization focused on food justice, are facing their second round of legal battles this month after their demonstration in Tampa, Florida, that led to the arrests of seven activists. Other organizations in Tampa have faced similar action or threats by the local authorities over their illegal behavior – feeding homeless people in a public place without a permit.

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Convicted Officials and State Pensions

In the state of New York, former public officials who have been convicted of misconduct in office can still apply for their pensions. This is due to part of the state constitution in which a public official cannot be removed from the pension system once they are a part of it. As detailed in an op-ed in the New York Times, many legislators and people have questioned whether allowing prisoners to claim their pension is ethical.

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Should Minors Stay in Adult Prisons?

In many states, minors charged with certain crimes can be tried as adults. Although some of the minors who enter the system are convicted of serious crimes, many are charged with non-violent offenses. The argument for trying minors as adults is that it ensures public safety – however, research shows the opposite. In Jessica Lahey’s article in The Atlantic, the issues with trying and housing minors as adults are laid out. Is it really ethical, and even for the societal good, to try and imprison any minor as an adult?

Federal laws prohibit the housing of juveniles alongside adult prisoners, but many states do it anyway. This housing situation causes minors to be far more likely to be sexually abused and suffer violence from inmates and staff alike. The National Inmate Survey states that 1.8% of 16 and 17 year olds imprisoned with adults have suffered sexual abuse in prison, and 75% of those cases have been victimized by staff. This information alone is enough to question the morality of imprisoning a minor as an adult. In order to comply with federal laws that say minors must be housed in a separate section than regular adult inmates, many states transfer their juvenile prisoners out of the state. This causes the minor to potentially lose access to visits from friends and family, and also contact with his or her lawyer. Losing contact or access to a lawyer – a right guaranteed in the constitution – puts the minor at risk for being unable to report any abuses and in an even more disempowered position. They also lose the emotional support provided by friends and family, which makes the prison experience easier from a psychological standpoint. This lack of contact creates psychological stress and trauma that affects minors very dramatically. Minors imprisoned in adult prisons also are unable to participate the rehabilitative programs provided in the juvenile system, which offer vocational training, counseling, and education that makes re-entering society as an adult simpler. In fact, minors who are tried and imprisoned as adults are 34 times more likely to re-offend; this begs the question of whether trying minors as adults offers any benefit to public safety at all.

Denying certain minors the services their peers receive may be unethical, as it arguably sets up a certain group for failure or selects a certain group to be more likely to suffer stress and trauma. While certain minors commit very serious crimes that warrant consideration, non-violent offenders who are tried as adults should be allowed the same services as their peers, and offered a chance at rehabilitation. The juvenile justice system was created for a reason, and therefore should be utilized in the vast majority of circumstances.