[HN Gopher] Asked to do something illegal at work? Here's what t...
       ___________________________________________________________________
        
       Asked to do something illegal at work? Here's what these software
       engineers did
        
       Author : bschne
       Score  : 488 points
       Date   : 2025-10-02 08:51 UTC (2 days ago)
        
 (HTM) web link (blog.pragmaticengineer.com)
 (TXT) w3m dump (blog.pragmaticengineer.com)
        
       | Rygian wrote:
       | > If you take one lesson from this, it's that you can always say
       | no.
       | 
       | I fully understand why this is true, but it seems to ignore any
       | retaliative measures that the management could take against the
       | person who says no.
       | 
       | With the benefit of hindsight, any such retaliation would be
       | weaker than ending up in an orange suit. But the person has to
       | find the guts to say "no" without that hindsight.
        
         | OskarS wrote:
         | I would argue that you have a moral and ethical responsibility
         | to say no when your manager asks you to do something illegal,
         | even if it does cost you your job. The law is the law, and
         | there is no excuse for breaking it. Your manager is certainly
         | culpable, but if you act against the law, you are culpable as
         | well.
         | 
         | The exception is if you fear literal physical violence against
         | you or others, or are being blackmailed or something, then of
         | course you are being coerced and have no choice. But "losing
         | your job" does not rise to that kind of coercion, in my
         | opinion.
         | 
         | Not saying it's easy, it's a horrible situation to be put in
         | and I have huge amounts of sympathy for a person who has to
         | experience this. No one is perfect and act with faultless
         | ethics at all times. But hard or not, it is your duty as a
         | citizen not to violate the law.
        
           | overscore wrote:
           | > I would argue that you have a moral and ethical
           | responsibility to say no when your manager asks you to do
           | something illegal, even if it does cost you your job.
           | 
           | When your access to food, housing, heating and healthcare for
           | your family are dependent on your income, you may find
           | yourself facing very difficult decisions. Most parents will
           | risk whatever legal ramifications to care for their kids and
           | that's inherent moral and ethical, even if the downstream
           | outcome is not. That is because it is the socioeconomic
           | system rather than the individual who is acting immorally.
           | 
           | > The law is the law, and there is no excuse for breaking it.
           | 
           | This is an infantile view. The law is a framework and there
           | are lots of circumstances where breaking it is not only
           | excusable, it's the only moral action.
        
             | philipallstar wrote:
             | > When your access to food, housing, heating and healthcare
             | for your family are dependent on your income, you may find
             | yourself facing very difficult decisions
             | 
             | This is the time when your ethics are tested. Anyone can do
             | the right thing when they're getting paid for it.
        
               | tpoacher wrote:
               | There's a nice Jordan Peterson quote:
               | 
               | > There was a lesson to learn from the holocaust. We're
               | always reminded that: "Never forget, we've learned our
               | lesson." "What was the lesson?" That's the question. The
               | lesson is, "You're the Nazi". No-one wants to learn that;
               | If you were there, that would have been you. You might
               | think "Well, I'd be Oskar Schindler and I'd be rescuing
               | the Jews." It's like, no, afraid not. You'd at least not
               | be saying anything. And you might also be actively
               | participating. You might also enjoy it.
               | 
               | Hindsight theoretical morality is very different from
               | experience on the ground, where peer pressure, stress,
               | uncertainty, exploding situations and fog of war come
               | into the mix.
        
               | DennisP wrote:
               | Seems like a better lesson would be "don't be the Nazi."
               | 
               | It's not like it's impossible. The Nazis arrested 800,000
               | Germans for active resistance activities, and several
               | hundred thousand Germans deserted the military, many of
               | those defecting to the Allies.
               | 
               | https://en.wikipedia.org/wiki/German_resistance_to_Nazism
               | 
               | It wasn't a huge percentage, but we don't know how many
               | actively resisted without getting caught, or resisted in
               | more passive ways. And that was resistance against the
               | Nazis, who had no qualms about killing resistors. Risking
               | or quitting your job to not only do what's right, but
               | _avoid_ getting in trouble with your government, isn 't
               | in the same ballpark.
        
               | rurban wrote:
               | The figure of German soldiers deaths has an estimation of
               | 50% suicides.
        
               | throwaway173738 wrote:
               | You might want to think about why Petersen wants you to
               | think you're the Nazi. What change is he trying to effect
               | in our culture, and how does that belief support his
               | desire? Rhetoric always aims to effect some change in the
               | attitude of the listener, and never without some benefit
               | of the speaker.
        
               | bjt wrote:
               | > You might want to think about why Petersen wants you to
               | think you're the Nazi. What change is he trying to effect
               | in our culture, and how does that belief support his
               | desire? Rhetoric always aims to effect some change in the
               | attitude of the listener, and never without some benefit
               | of the speaker.
               | 
               | What benefit do you think he's trying to get from it? I'm
               | honestly trying to figure out the nefarious angle and
               | coming up blank.
               | 
               | It seems to me like a very similar sentiment to that
               | great "are we the baddies?" sketch from Mitchell and
               | Webb. [1] I see both as an exercise in moral humility.
               | 
               | See the Milgram experiment, or the Asch experiment. Most
               | people _do_ cave to pressure from authorities and the
               | group. Everybody believes they 're they exception.
               | Statistically, most of them are wrong.
               | 
               | [1] https://www.youtube.com/watch?v=ToKcmnrE5oY
        
               | justinclift wrote:
               | > You might want to think about why Petersen wants you to
               | think ...
               | 
               | What's your take on that?
        
               | sethammons wrote:
               | Not that person but the my take on their take is that
               | Peterson is greasing you up to accept more authoritarian
               | control since he puts you in the in-group of the
               | oppressors to ease the societal drift.
               | 
               | I don't necessarily agree. I think he is pointing out
               | that people morally grandstand and the majority will not
               | act out how they say they would.
        
               | immibis wrote:
               | Note that in the quote, he is, himself, moral
               | grandstanding.
        
               | 1718627440 wrote:
               | I thought the lesson was to not base your morality and
               | what you are willing to do on the laws, because they can
               | change at a whim. And for the democratic politicians,
               | don't play with fire and take problems seriously.
        
               | darth_avocado wrote:
               | Nah. I've been in the exact situation you describe and
               | it's pretty obvious tbh. Loss of a job is a temporary
               | setback. Being locked up in a jail is a permanent one.
        
             | cess11 wrote:
             | Right, saying outright that Thoreau was wrong and also that
             | pretty much every famous person who took him to heart was
             | wrong too is a rather strong position to take and likely
             | very, very hard to defend.
             | 
             | Or, for a more obscure example, that Antigone should just
             | have said 'yes daddy' and left it at that with the play
             | ending somewhere in the initial conversation with Ismene.
        
             | barney54 wrote:
             | It is not moral to break the law in the furtherance of
             | fraud. That's the point.
        
               | thyristan wrote:
               | But if the fraud secures the livelyhood of $bignum
               | children and they would starve without their parents
               | committing that fraud?
        
               | throwaway173738 wrote:
               | I think my son would rather have me in his life than have
               | me in jail.
        
             | OskarS wrote:
             | We're not talking about living in a totalitarian state and
             | breaking the law by aiding the resistance here. The cases
             | in the article is like committing financial fraud or faking
             | customer data. And then, yeah, I do think there is no
             | excuse for going along with it, you have a duty as a member
             | of society not to do such things, even if it costs your
             | your job. It's not easy, and as I said I have enormous
             | sympathy for a person in this position, but there is a
             | clear right thing to do, and you have an obligation to act
             | accordingly.
        
             | skeeter2020 wrote:
             | To get rich at your software startup is not one of the
             | situations where you have a moral obligation to break the
             | law. None of these people were stealing bread from the rich
             | to feed their children.
        
             | nkrisc wrote:
             | As a parent, I would risk destitution over going to prison
             | every single time. I don't even have to think about it.
        
             | ndriscoll wrote:
             | At least in the case of engineers, we're talking about
             | highly compensated people. You should have a solid
             | emergency fund put together within a few months of starting
             | your career. From there, it's on you to not put yourself
             | into an economically precarious position. People who are
             | making multiples of the median household don't have
             | food/shelter as an excuse.
             | 
             | Not that it's much of an excuse for everyone else either,
             | but with people in the professional-managerial class it's
             | absurd.
        
               | closewith wrote:
               | Globally, most software developers are not highly paid
               | and certainly not enough to be above financial pressure.
               | 
               | Becoming a whistleblower or refusing unethical demands
               | can also lead to being blacklisted, as in most
               | industries, loyalty is valued more highly than ethics.
        
               | LadyCailin wrote:
               | And the more people that buy into that, the worse it
               | gets. That's why this has to be fought tooth and nail
               | from day one.
        
               | closewith wrote:
               | If you want to fight corruption and unethical behaviour,
               | start with a just society that doesn't tie a person's
               | value and well-being directly to their income. Otherwise
               | you're fighting incentives and will never win.
        
               | collinmcnulty wrote:
               | You don't get to a just society by not fighting
               | corruption. Ask yourself not what "engineers globally"
               | can do, but what you can do. Historically, pressure from
               | the educated middle class has made huge impacts on
               | culture and society.
        
               | closewith wrote:
               | Corruption is both a systemic and moral problem. You
               | can't build a just society without confronting corruption
               | and you can't sustain anti-corruption without reducing
               | inequality.
        
             | crazygringo wrote:
             | Yeah, but you have to factor in the probability of the
             | orange jumpsuit.
             | 
             | You're not going to be of much use to your family in jail.
             | 
             | It's still a difficult decision, but it's not _just_ your
             | job vs your morality. It 's your job vs morality+potential
             | jail.
             | 
             | We dish out criminal sentences precisely in order to affect
             | the equation like this, because we know people don't always
             | act on morality alone.
        
           | surgical_fire wrote:
           | "losing your job", for a lot of people, is extremely
           | effective coercion.
           | 
           | We are not talking about luxury here. A lot of people depend
           | on their salary to pay rent and put food on the table. This
           | is even more pressing if you have a family that depends on
           | you, if you are in need of healthcare, etc.
           | 
           | What your post fails to recognize is that in the current
           | system, labor is already a form of coercion. You need to work
           | because the option is homelessness and starvation.
           | 
           | If you can avoid those even when unemployed, you are
           | extremely privileged.
        
             | em-bee wrote:
             | _If you can avoid those even when unemployed_
             | 
             | that would be all developed countries except the united
             | states
        
               | rfrey wrote:
               | So yes, the extremely privileged
        
               | em-bee wrote:
               | privileged? sure, but extremely?
               | 
               | nowadays even in china everyone gets healthcare, working
               | or not, so we are talking about almost a quarter of the
               | worlds population.
        
               | snypher wrote:
               | 380k homeless in UK. 262k in Germany. 122k Australia.
               | 650k in USA. The per capita math is left for the reader
               | but I don't believe there is much distinction here .
        
               | throwaway-0001 wrote:
               | You're right, the numbers are very close to recent
               | official figures. I looked them up to calculate the per
               | capita rates. So USA is actually better than other
               | countries? Kind of defeats these arguments here -
               | interesting. (By the way I'm not from us)
               | 
               | Based on the latest available data (mostly 2023) and
               | current population estimates:
               | 
               | * *UK:* ~56.0 per 10,000 people (1 in 178) * *Australia:*
               | ~45.4 per 10,000 people (1 in 220) [using 2021 census
               | data] * *Germany:* ~31.0 per 10,000 people (1 in 323) *
               | *USA:* ~19.4 per 10,000 people (1 in 515)
               | 
               | The per capita distinction is more significant than the
               | raw numbers suggest.
               | 
               | (Note: Methodologies for counting vary by country, which
               | can affect direct comparisons.)
        
               | albumen wrote:
               | Your last paragraph is doing a LOT of heavy lifting.
               | TLDR: the US figures should be WAY higher if you expand
               | the definition of homelessness like those other countries
               | do.
               | 
               | More research shows the U.S. rate looks lower largely
               | because it uses a narrow, one-night "Point In Time"
               | measure that excludes many precarious living situations
               | other countries intentionally count. If you harmonise
               | definitions, the U.S. does not outperform high-safety-net
               | countries; on unsheltered homelessness in particular, it
               | fares worse.
               | 
               | In UK official usage, being legally homeless often
               | includes people the state is actively accommodating; it
               | is not limited to street homelessness like the US PIT
               | figure. In Australia, their figures include couch surfing
               | (staying temporarily with other households and those in
               | "severely crowded" dwellings). In Germany, apart from
               | again having a more expansive definition of homelessness,
               | their figures also include ~130k Ukrainian refugees.
               | 
               | Just one example: the US figures should at least include
               | >1.2 million students experiencing homelessness.
        
               | em-bee wrote:
               | also, despite being homeless people in germany can get
               | financial support and healthcare, which was the original
               | point about the fear of losing your job. and losing your
               | job in germany does not make you homeless. you'd have to
               | get evicted from your home (but not for failing to pay
               | rent, as you would cover that with the financial support)
               | so the group that is being talked about in the original
               | paragraph that fears losing their job, and the group that
               | is homeless in germany have nothing to do with each
               | other, because the first group does not exist. most of
               | tho homeless in germany never had a job to begin with.
        
           | array_key_first wrote:
           | I think, for most people, getting the shit beaten out of them
           | is a preferable outcome to losing their job.
           | 
           | For most people, their job is the only thing standing between
           | them and being homeless, losing their car, losing their kids,
           | their partner, etc.
           | 
           | This is why having a culture that treats firing people as no
           | big deal leads to wack ass incentives. You can make people do
           | almost anything if you threaten their job enough.
        
             | DennisP wrote:
             | The cases in the article were software engineers in the US,
             | and at FTX. Two were engineering directors and the third
             | was a senior engineer. If any of them didn't have plenty of
             | emergency funds set aside, they should have seriously
             | rethought their spending.
        
               | tverbeure wrote:
               | I know plenty of people who saved for years to get a
               | downpayment for a house and then used all of that for
               | just that. After that, it will take a while to replenish
               | their emergency fund with very little margin of error. A
               | job loss would be devastating.
        
               | DennisP wrote:
               | My claim is that that's a bad decision, for exactly that
               | reason. Job loss can happen for any number of reasons,
               | often without warning. Getting a mortgage without any
               | cushion for job loss is a huge risk.
               | 
               | Note also that I'm talking about highly-paid software
               | engineers, not about people in general. Lots of people in
               | the US make way less money than senior software
               | engineers, and they manage to get by. Live at that level
               | and secure your emergency funds first, and you'll be a
               | lot more comfortable dealing with any ethical quandaries
               | at work.
        
               | tverbeure wrote:
               | No, you're claiming they have a spending issue, with the
               | typical judgemental holier-than-thou undertone. My
               | example is not that.
               | 
               | And I'm talking about my SWE neighbors in SV who have a
               | desire to buy their own house just like almost everybody
               | else. It's just wrong to claim they have a spending
               | issue.
               | 
               | They may be highly paid, but the house prices are
               | commensurately higher too.
               | 
               | It is nearly impossible in the US in general to buy a
               | house without taking on some amount of financial risk. It
               | has nothing to do with being wasteful with money.
        
               | dmoy wrote:
               | If you make say $400k a year and you buy a $2.5M house,
               | at some level you do have a spending issue.
        
               | DennisP wrote:
               | I mean, it's been the standard personal finance advice
               | for _decades._ Step one is to set aside six months of
               | emergency expenses. If you have an above-average income,
               | you 're capable of doing that. It's not "judgmental" to
               | point out that this is indeed an intelligent strategy,
               | just as advisors have been suggesting for years and
               | years.
               | 
               | You yourself said that for the people you know who bought
               | a house without that, "a job loss would be devastating."
               | So you seem to agree with me and the personal finance
               | advisors.
               | 
               | I did not say they had "a spending issue" or that they
               | were "wasteful with money." Those were your terms just
               | now. I simply said they should have rethought. You're
               | turning that into some moral judgement, when all I'm
               | saying is that it's bad strategy.
        
               | KittenInABox wrote:
               | > Lots of people in the US make way less money than
               | senior software engineers, and they manage to get by.
               | 
               | No, I'm pretty sure this is getting less and less true
               | actually. Credit card debt is at an all time high.
               | Homelessness is rising. Medical debt is crushing.
        
               | renewiltord wrote:
               | Indeed, any sufficiently wise man would prefer to place
               | himself in a position of precariousness so that all his
               | acts of crime can be attributed to the man who employs
               | him. Only the financially careful face dilemmas. The
               | spendthrift fears no judgment from society having forced
               | his choice function into an identity of his employer's.
        
             | testing22321 wrote:
             | That may be true in the US, but very far from reality in
             | countries that have universal healthcare and a strong
             | social safety net.
        
               | renewiltord wrote:
               | One can only conclude that the VW engineers were uniquely
               | immoral, since they have a safety net and nonetheless
               | committed massive scale fraud. At least in America it's
               | coercion. In Europe, it's willful evil.
        
               | Filligree wrote:
               | That safety net does not extend to paying the interest on
               | your house loan.
        
               | testing22321 wrote:
               | When unemployment benefits are a large percentage of your
               | salary and last a year plus it does
        
               | basisword wrote:
               | It does in some places. Firstly banks will usually let
               | you pause or significantly reduce mortgage payments while
               | unemployed. You then make up for it with increased
               | payments (for a period of time) when you regain
               | employment. There is also government help in the form of
               | a loan to pay the interest on your mortgage while
               | unemployed if you've been unemployed for a certain period
               | of time (longer than the bank grace period).
        
               | watwut wrote:
               | Countrapoint is that these dilemas are NOT dilemas of
               | poor people struggling to feed their kids.They are
               | dilemmas of well doing middle class who in fact, can find
               | another job.
               | 
               | Seriously, we hear the "but the job, but the potential
               | pay raise" exactly as often in a good economy from people
               | having large salaries.
               | 
               | They have choice. They are choosing the fraud over ...
               | still high salary but just not that high.
        
             | qwertytyyuu wrote:
             | I don't think that applies to the mid to high level
             | software engineers here
        
               | mettamage wrote:
               | We're not all from the US.
        
           | exe34 wrote:
           | > But "losing your job" does not rise to that kind of
           | coercion, in my opinion.
           | 
           | it depends how many friends and family you have in the area
           | that can host your whole family that is now homeless. it
           | depends how much disruption you are willing to inflict on
           | your kids definitely right now as opposed to maybe in the
           | future.
        
           | swiftcoder wrote:
           | I think the risk is somewhat higher than just losing your job
           | - you are potentially burning your whole referral network in
           | the process (especially if you end up with your name in the
           | press during any resulting prosecution).
           | 
           | For a junior engineer it may not be that hard to fly under
           | the radar, but senior/staff level folks tend to be well known
           | by the execs. And execs talk, they call their friends to vet
           | future hires... burn your execs, and maybe you don't work in
           | that town again
        
             | scaramanga wrote:
             | Probably for the best...
             | 
             | Like, anyone who would work with some of my previous
             | employers, are places I wouldn't want to work anyway. It's
             | a big wide world out there.
        
         | pydry wrote:
         | This is why whistleblower laws need to be stronger (e.g.
         | retaliation means automatic jailtime even if the whistle was
         | wrongly blown) and rewards need to be larger.
        
         | creer wrote:
         | The threat of retaliation - in the form of being fired,
         | harassed or moved to a dead end position - is very scary to a
         | younger engineer. But from a rational point of view it's not
         | very strong (HOWEVER many managers or CEOs are far from
         | rational.)
         | 
         | - Firing someone has large costs to the employer. You have the
         | job because you are needed. Same for side-lining someone or not
         | promoting them.
         | 
         | - Firing someone removes the final incentives against that
         | person reporting the deed to the govt. It pushes that person
         | toward reporting instead of softer "negotiated" steps such as
         | continuing to argue for legal alternatives or discussing it
         | with an intermediate rather than outright reporting. And many
         | corporate legal or accounting people are amazing at finding
         | alternative ways to achieve the same result in a not-illegal
         | manner.
         | 
         | - A lawyer can help you much more once there is retaliation.
         | The company might end up fighting both the fraud reporting AND
         | the retaliation.
         | 
         | Just firing someone is not a great "solution" for the company.
         | 
         | Letting you believe that they will ... that's very powerful.
         | 
         | (and probably all this is caveat: in countries where
         | retaliation is illegal enough and commonly taken to court or
         | settled. which is not worldwide.)
        
         | themafia wrote:
         | That retaliation is in and of itself a new illegal act.
        
         | eur0pa wrote:
         | You can absolutely, most definitely always say "no". Their
         | carrot (money) comes and goes, and their stick (also money) is
         | not enough to be concerning.
        
       | sltr wrote:
       | Software developers should sign a code of ethics, like other
       | professions do and then cite it when asked to do unscrupulous
       | things. This would work for activities that aren't illegal but
       | still unethical, like defaulting user privacy choices to
       | open/public. Citing professional organizations like ACM or IEEE
       | would deter retaliation.
        
         | pcthrowaway wrote:
         | The code of ethics would need to be absolute, enforceable,
         | unambiguous (without lawyers to interpret), and universal to
         | really eliminate these activities.
        
           | baobun wrote:
           | If you are to be found in violation by DAO jury vote, you
           | will be blocked from all private torrent trackers and usenet
           | groups (we just have to make sure all of them mods are
           | onboard mkay), with threat of ban for repeat offenders.
           | 
           | You may also find your support tickets everywhere languishing
           | and x months of CAPTCHA-hell on every website.
        
           | pjc50 wrote:
           | You can never make these kinds of things unambiguous. People
           | are really creative about inventing interpretations to make
           | things ambiguous in their favor, and rule systems are really
           | complex.
           | 
           | More to the point is trying to be an ethical island in an
           | unethical society, You'd have to deal with constant attacks
           | from the "anti-woke" crowd.
        
           | criddell wrote:
           | Software engineering could become a real profession with
           | licensing like mechanical, electrical, chemical, civil, and
           | other engineering professions. If you do something unethical,
           | you could be sued for malpractice and lose your license to
           | practice.
           | 
           | The code of ethics for Professional Engineers works even
           | though it isn't any of the things you say are necessary.
        
             | thyristan wrote:
             | Professional Engineers signed off on on broken dams
             | (https://en.wikipedia.org/wiki/Brumadinho_dam_disaster ),
             | leaking chemical plants
             | (https://en.wikipedia.org/wiki/Bhopal_disaster ), exploding
             | reactors and how (not) to operate them
             | (https://en.wikipedia.org/wiki/Chernobyl_disaster ) and
             | "high enough" sea walls
             | (https://en.wikipedia.org/wiki/Fukushima_nuclear_accident
             | ). There are a ton more examples. All highly unethical,
             | most of the responsible engineers got away scot-free.
             | 
             | Licensed professions only serve to increase the scarcity of
             | licensed professionals, drive up the price and thereby form
             | an economic cartel. Neither does it prevent any of the
             | aforementioned disasters, nor are the responsible
             | professionals held liable.
             | 
             | "Licensed professionals" is one of those myths in software
             | engineering cycles that won't die. A license won't make
             | anyone competent. It will, however, provide them with an
             | excuse to charge more, do less and ascribe any fuckups to
             | "must be something else wrong, I did everything to board
             | standards"...
        
               | criddell wrote:
               | In the Brumadinho case, five engineers were arrested and
               | charged and jailed. They are out of jail and a criminal
               | case is ongoing.
               | 
               | In the Bhopal disaster, seven engineers and executives
               | were convicted of causing death by negligence and give
               | the maximum penalty (which was pretty weak).
               | 
               | The Chernobyl incident led to Anatoly Dyatlov to be
               | jailed and getting a 10-year sentence.
               | 
               | For Fukushima, some people were charged with professional
               | negligence causing death but they beat the charges in
               | court.
               | 
               | Licensing will not make anybody competent. But it can
               | help keep incompetent people out of our field. When
               | Engineers screw up, their malpractice insurance may get
               | too expensive for them to continue to work in the field.
               | When management asks for something unethical, it gives a
               | pretty good reason for pushing back.
        
               | WorldMaker wrote:
               | That's a weird set of anecdotes you've chosen. The first
               | half of those incidents are in fact the opposite of what
               | you seem to be complaining about: finding the
               | Professional Engineers that signed off on the mistakes in
               | the project is hard to do because they happened in
               | countries that failed to regulate Professional
               | Engineering licenses.
               | 
               | The Chernobyl disaster is an operation mistake, which a
               | Professional Engineer may have signed the process for
               | operation, but an operational failure to follow process
               | is not the Professional Engineer's fault. Sure, a
               | professional will try to narrow processes to be as fool-
               | proof as possible, but you can't entirely blame a
               | professional that the planet is capable of generating far
               | more fools than you can plan for.
               | 
               | The Fukushima disaster actually shows Professional
               | Engineering _consequences_ with multiple engineering
               | groups doing analysis and investigations of what went
               | wrong and whether or not to indict Professional Engineers
               | involved in the construction. None of those moved to such
               | indictments, but it was investigated at length. Three of
               | the executives of the company _were_ indicted as a part
               | of those investigations (and then were judged  "not
               | guilty" in a Japanese court of law).
               | 
               | "Licensed professionals" is not a myth. A license isn't
               | about making anyone competent, it is about applying
               | _consequence_ when they _aren 't_. It's also about
               | _having your back_ when you are worried about possible
               | consequences.  "I can't do that because I would lose my
               | license" is a threat companies have to take seriously. If
               | your company wants to force you to pursue it anyway, you
               | can take the issue to the Ethics Committee at your
               | licensing board/professional organization and they can
               | help you examine the legal, ethical, and moral
               | implications in a way that could result in _consequences_
               | to your company. If all of that is documented and the
               | company still does it anyway it is easier to get legal
               | consequences applied to company executives, such as real,
               | deserved jail time.
        
               | fragmede wrote:
               | Can you imagine how much worse it would be without that?
               | Because how do you show the negative? There have
               | definitely been cases where professionally licensed
               | engineers have said no, or refused to sign off on
               | something, or walked off the job, or otherwise have
               | changed the course of human history for the better
               | because of that code of ethics. That there have been
               | failures in the system doesn't indight the concept as a
               | whole. Software runs the world these days, it's time to
               | grow up.
        
           | array_key_first wrote:
           | I don't think it needs to be (it isn't for anything else),
           | and I also don't think it needs to eliminate all activies (it
           | doesn't for anything else).
           | 
           | But right now we have nothing. Surely, something is better
           | than nothing. We can't have nothing and already be out of
           | ideas.
        
           | Spivak wrote:
           | Which is why I think the ACM's code of ethics is good for
           | someone looking to be introspective about right and wrong but
           | would be _terrible_ as the basis for a legal code of ethics.
           | 
           | The scope would necessarily be narrower and "permit" more
           | unethical behavior but for violations to be enforced by peers
           | it has to survive the eventual "oh you're making a big fuss
           | over nothing, you won't lose your license" problem.
        
         | mc3301 wrote:
         | The author talks alot about this is this book:
         | https://www.ruinedby.design/
        
         | mrheosuper wrote:
         | I wonder how would that work when you are working for companies
         | like Lockheed Martin, knowing your code will be used in weapon
         | that may kill innocent people.
        
           | WorldMaker wrote:
           | Presumably similar to how it works for the professional
           | Mechanical Engineers and Electrical Engineers they already
           | employ. Ethics are subjective and nuanced. Ethics are also
           | different from _morals_. Some people can live with the moral
           | quandary that their work may do harm to innocent people and
           | still have the ethical belief that they are doing the right
           | thing generally and that their work does more good than harm.
           | (I 'm not one of those people myself with regards to the
           | military-industrial complex, but I respect my friends that
           | are have sat with their morals and weighed them into the
           | ethical frameworks of how they do their jobs and what they
           | feel about doing their jobs ethically.)
        
           | andrewflnr wrote:
           | For a little bit I worried about that, wondered whether I
           | would be morally comfortable working on that technology. Then
           | Russia invaded Ukraine and I snapped back to reality. The
           | consequences of even vaguely good actors _not_ having
           | missiles are worse than the consequences of those actors
           | having missiles. Because you better believe Putin and his ilk
           | are going to have them.
        
           | vkou wrote:
           | It's easy, you just tell yourself that all of them are the
           | enemy. As long as you outsource your morality and thinking to
           | the Department of State, you can sleep easy.
        
         | amelius wrote:
         | Yes, the Hippocratic Oath works quite well even if it has no
         | legal underpinnings, so why not use the same idea for
         | developers? Indeed ACM and IEEE could draft one.
        
           | thyristan wrote:
           | It only works because doctors have a self-governing body of
           | other doctors as an oversight, usually called a chamber,
           | board, Kammer, etc. This chamber is responsible for licensing
           | doctors to perform medicine and has the power to withdraw
           | that license upon violations of the Hippocratic Oath, other
           | ethical violations and other professional misconduct or
           | malpractice.
           | 
           | Unless you want this kind of arrangement for developers, the
           | oath isn't any good.
           | 
           | Also, the Hippocratic Oath has tons of variants, nobody uses
           | the original one anymore because there are things in there
           | that went out of fashion over the last 2000 years. E.g.
           | operating on people suffering from kidney stones used to be
           | prohibited: "I will not use the knife, not even, verily, on
           | sufferers from stone[...]"
           | (https://en.wikipedia.org/wiki/Hippocratic_Oath ). Similar
           | prohibitions exist nowadays for abortions or euthanasia, but
           | only in some places. In others, doctors are free to or even
           | required to perform those. In software development, I would
           | imagine even more variety in the allowed/prohibited-list.
        
             | bmez wrote:
             | not only, in most countries operating as a physician
             | requires a license to operate. It can be revoked if the
             | professional violates the terms of the license.
             | 
             | If software had such a thing, it would be possible to
             | achieve something similar. It is not the oath per se that
             | keeps doctors on the righteous path, it is just as much the
             | treath of not loosing your job - but having your
             | professional status revoked (i.e. permamently loosing the
             | ability to work).
             | 
             | On the other hand, reviewing code every now and then, it
             | would be good if you could revoke programming privileges
             | for ever for certain individuals.
        
             | rightbyte wrote:
             | Our board would be packed with Scrum lords smacking down on
             | missing field entries in Jira tickets.
             | 
             | I would like more 'philosophy' in CS education. Just that
             | people are aware of the methods used against them helps
             | alot. It is hard and takes time to discover stuff on your
             | own. It took me like 5-10 years of working before I
             | realized how the sausage is made.
        
             | themafia wrote:
             | There is a ridiculously huge body of law covering medical
             | practice. The AMA is just window dressing over an industry
             | trade group.
             | 
             | At the end of the day you confront a jury and not a board
             | of similarly positioned individuals.
        
             | mtlmtlmtlmtl wrote:
             | I absolutely want this arrangement for developers. We need
             | to grow up as a profession, and take responsibility for the
             | consequences of our actions.
             | 
             | This isn't the 90s anymore. Today there's practically
             | nothing you can do in the modern world without interacting
             | with software. Buying food, going to the hospital,
             | travelling, communicating, voting, going to school, using
             | anything electrical, anywhere. Our society is completely
             | dependent on software at this point. The fact that there's
             | no professional ethics code with the appropriate oversight
             | for the development and maintenance of software is _utterly
             | insane_.
             | 
             | The points you bring up about the Hippocratic Oath are
             | important problems to solve, rather than reasons not to
             | try.
        
           | Traubenfuchs wrote:
           | Are you kidding?
           | 
           | Misconduct among doctors is rampant, special highlight on
           | dentists:
           | 
           | https://archive.ph/70Zk5
        
             | ekianjo wrote:
             | Yeah some people choose to wear rosy glasses when it comes
             | to the medical profession. They can see corruption around
             | them but they can't imagine it exists in every walks of
             | life. Kind of gell-man amnesia.
        
           | carefulfungi wrote:
           | The ACM has long had a code of ethics.
           | 
           | https://www.acm.org/code-of-ethics
        
           | dooglius wrote:
           | Why do you believe it works? I don't particularly get the
           | sense it has any effect whatsoever, particularly in cases
           | where doctors are pressured to do harm. (There's also a lot
           | of ambiguity left in what constitutes "harm")
        
           | nerdsniper wrote:
           | Not taking away from your point, but just a PSA: For some
           | reason "First, do no harm" is synonymous with "Hippocratic
           | Oath" in pop-culture. Just a reminder that this is
           | apocryphal: https://en.wikipedia.org/wiki/Hippocratic_Oath
           | 
           | Surgeons, in fact, often begin with harm. To replace a hip
           | joint, they necessarily must begin by causing great trauma to
           | the body by cutting it open and removing bone.
        
             | mtlmtlmtlmtl wrote:
             | That's far too literal an interpretation of harm. The point
             | isn't to never do any kind of "physical harm". It's about
             | doing the least amount of harm possible/necessary in any
             | situation, where doing nothing can also be seen as causing
             | harm.
             | 
             | I had a burst appendix as a teenager, leading to
             | peritonitis. To treat this, surgeons were going to operate
             | laparoscopically to remove the appendix and fix remove any
             | contamination in the peritoneum. Obviously this required
             | damaging my skin, removing an organ etc. which in the
             | strictest sense is harm. But doing nothing at all would
             | obviously lead to sepsis and death, so this was still the
             | least harmful intervention. During the surgery, it turned
             | out that the laparoscopic method was hard to carry out due
             | to obesity and other factors. The attending made the
             | decision to convert to a laporotomy, doing even more harm
             | to my skin and leaving me with a 30 cm scar on my stomach.
             | But it was the right call because it maximised the chances
             | of accomplishing the goal of the procedure(preventing
             | imminent death), minimising the risk of serious
             | complications.
             | 
             | And here I am almost 20 years later. I have a scar, I have
             | some adhesions that occasionally cause moderate abdominal
             | pain if I don't eat enough fibre, and perhaps my lymphatic
             | system and gut flora are very minorly compromised in some
             | nebulous way due to the lack of an appendix. On the other
             | hand, I'm alive. So yes, they "did harm", but they also
             | minimised harm. And they didn't do any unnecessary harm, to
             | the best of their ability. And that's the point of the
             | ethical principle.
        
           | GrumpyYoungMan wrote:
           | Casual of research shows that the ACM's Code of Ethics can be
           | traced back to its Guidelines for Professional Conduct in
           | Information Processing dating back to 1966
           | (https://www.acm.org/code-of-ethics/1966-acm-code) and the
           | IEEE's Code of Ethics can be traced back to a precursor
           | organization's Code of Professional Conduct dating to 1912.
        
           | ekianjo wrote:
           | > the Hippocratic Oath works quite well
           | 
           | This reads like a bad joke. Ever heard of the opoid crisis?
        
           | kukkeliskuu wrote:
           | I remember reading that no med schools in the U.S. use the
           | actual Hippocratic Oath anymore, although it seens that most
           | schools have sone form of oath.
        
         | rahimnathwani wrote:
         | Do you mean:
         | 
         | A) Software developers should be free to sign a code of ethics,
         | or
         | 
         | B) Software developers should be compelled to sign a code of
         | ethics, and be prevented from working if they refuse to sign,
         | or
         | 
         | C) Something else.
        
           | mitthrowaway2 wrote:
           | In Canada, (B) is how it works for engineers, including
           | software engineers.
        
             | rahimnathwani wrote:
             | We are using the term 'software engineer' in two different
             | ways:
             | 
             | 1. The way most people here on HN, and most people in the
             | US, understand it.
             | 
             | 2. The way the laws in most of Canada (but not Alberta)
             | define the term.
             | 
             | AIUI someone can design and develop software for pay in
             | Canada without declaring themselves to be a 'software
             | engineer' and without signing a code of ethics.
             | 
             | Is that correct?
        
               | jjmarr wrote:
               | It's unclear and barely enforced in Canada. Ontario has a
               | two-step test for defining "software engineering":
               | 
               | * The development of the software required the
               | application of engineering principles (ie. "a systematic,
               | disciplined, quantifiable approach to the development,
               | operation, and maintenance of software")
               | 
               | * The software concerns the public interest (ie. there is
               | a reasonable expectation that failure or inappropriate
               | functioning of the system would result in harm to life,
               | health, property, economic interests, the public welfare
               | or the environment).
               | 
               | In practice, LinkedIn is full of "software engineers" and
               | anyone with a P. Eng uses it as a suffix.
        
             | bobsmooth wrote:
             | The calling of the engineer is not required but you are
             | bound to ethical guidelines as a PEO.
        
             | vkou wrote:
             | Most software engineers in Canada don't call themselves
             | 'Engineers' and don't have any ethics codes they need to
             | follow.
        
         | muzani wrote:
         | We have plenty of difficulty just following the Agile
         | Manifesto.
        
           | callc wrote:
           | The agile manifesto is far from a set of ethics that if you
           | disagree with you can't help but sound like the bad guy.
           | 
           | For example, try disagreeing with the statement "SWEs should
           | take reasonable effort to protect user data"
        
             | muzani wrote:
             | That's article 32 of the GDPR. It also includes protection
             | from social engineering.
             | 
             | In all honesty, I haven't checked if it's true, but you can
             | use AI to find a foreign law that fits and cite it word for
             | word.
        
               | bobthepanda wrote:
               | AI can, and will, hallucinate legal cases and laws to
               | make you happy. This happened pretty quickly after
               | ChatGPT was introduced into the world:
               | https://apnews.com/article/artificial-intelligence-
               | chatgpt-f...
        
               | muzani wrote:
               | Of course it can. But it's more precise than Google and
               | it's easy to fact check.
               | 
               | https://gdpr-info.eu/art-32-gdpr/
               | 
               | Once you link the actual law, it becomes more of a
               | checklist and less of a principle though.
        
             | marcosdumay wrote:
             | No, it's just a bunch of counter-intuitive rules that if
             | followed make life better for both the developers and their
             | customers/bosses. (On most circumstances, not all.)
             | 
             | If the customers/bosses do not even allow those to be
             | followed, what chance do you think some pro-social rules
             | with actual costs have?
        
         | musicale wrote:
         | ACM has a code of ethics. However, it does not seem to be
         | enforced against many companies that routinely violate it.
         | 
         | https://www.acm.org/code-of-ethics
        
         | goodpoint wrote:
         | It's not enough. It needs enforcement and whistleblower
         | protection.
        
         | tengwar2 wrote:
         | No. I oppose any formal requirement to practice software
         | development. And this isn't because I disagree about the
         | requirement to be ethical, but because it would draw a moat of
         | "professionalisation" around software development, excluding
         | new entrants. It's a fashionable trend across many disciplines:
         | it starts innocuously with informal groups and seminars. Then
         | someone starts one or more professional bodies which devise
         | some sort of qualification. Then they start charging a yearly
         | or triennial renewal fee for that qualification. Then they try
         | to make it impossible to get work without their qualification.
         | The profession comes under the thumb of people who spend their
         | time getting on to the committees which control these
         | professional bodies.
         | 
         | That can be reasonable for something like medicine or
         | structural engineering. But is it appropriate for a developer
         | cranking out Javascript or Excel macros? This is pulling up the
         | drawbridge behind you, excluding anyone who comes to the
         | profession through informal means - and in my generation, that
         | meant almost everyone. It also means that you will need to
         | determine how much of your time you dedicate to politics.
        
           | fragmede wrote:
           | Those are all fair points, but the Internet and smartphones
           | happened. Software is a necessity for existing in society
           | these days. Yeah it sucks that we'd be pulling up the
           | drawbridge. Donate some of your software developer salary to
           | non-profits to make testing accessible to whichever groups
           | you see as the younger version of you to assuage your guilt.
           | Crowdstrike shouldn't have been possible. Mulitple airlines
           | going down for days because they botched an upgrade because
           | it wasn't properly resourced. Someone cranking out some silly
           | shit on the weekend doesn't need licensing, but having
           | unprotected S3 buckets full of drivers license photos of your
           | users in this day and age should be criminally liable.
        
       | comrade1234 wrote:
       | I was working with someone on a large government project. At the
       | beginning I told him that we cannot pad our hours at the end of
       | the year to run the contract out and then make up for it with
       | extra hours in the next year like we do with business clients
       | because it is illegal and further because it's a $1M+ contract
       | could lead to prison.
       | 
       | Of course I found out that he was going into our billing software
       | and adding hours to me. I had to talk to a lawyer and he
       | recommended I report it to the gao. I compromised by quitting and
       | reporting it to the liaison on the project (a professor). It was
       | very stressful because if I hadn't reported it he could say that
       | I reported those hours, not him, and I could have ended up in
       | prison.
       | 
       | I think the liaison just buried it in the end.
        
         | potato3732842 wrote:
         | You had record of your correspondance with the lawyer. All you
         | had to do was report it to the liaison and keep punching the
         | clock. Unless you were getting paid more because of the
         | overages the enforcers dgaf about you.
        
           | comrade1234 wrote:
           | There were other issues... this was the final straw.
        
           | krageon wrote:
           | They do care - they care because they have an inflated
           | impression of their own importance and you seem guilty, so
           | you must be.
        
           | ajross wrote:
           | > the enforcers dgaf about you.
           | 
           | This is the attitude that lands otherwise-normal-seeming
           | people in jail. They dgaf about you until they do. Maybe the
           | prosecutor needs an easy win. Maybe they have a wealthy
           | patron you offended. You don't know. And casual cheating
           | becomes criminal very quickly.
           | 
           | Charlie Javice, to get back to the core subject, seemed to
           | genuinely think she was on the right side of the line. All
           | she was doing was faking some numbers for investors, right?
           | Nine times out of ten, investors have already bet on the
           | company and want to see it do well, and even if they catch a
           | founder fibbing are likely to see more value in suffering
           | along with it than in blowing it up.
           | 
           | Except in this case the investor was JP Morgan, not an
           | incubator, and they had the prosecutor in the rolodex.
           | 
           | Startup culture, our culture right here, absolutely
           | encourages cheating. And it doesn't give you a clean
           | instruction manual to figure out how to stay out of jail,
           | because there isn't one. The point above, while technically
           | about government contracting, is absolutely of a piece with
           | the same dysfunction. I think a lot of people in our world
           | need to spend a little more time in introspection.
        
             | bigiain wrote:
             | > I think a lot of people in our world need to spend a
             | little more time in introspection.
             | 
             | Sadly, I suspect most or all of the investor class of
             | people "in our world" have done this introspection. They've
             | checked with their peers and lawyers, and decided it's a
             | perfectly acceptable risk to have the founders and staff of
             | a company they're already invested in do illegal things and
             | potentially end up in jail, if it makes the odds of that
             | company being a 100x exit - so long as the investors and
             | their staff are all insulated from the illegal behavior and
             | jail time risks.
        
               | LiquidSky wrote:
               | I'm not sure it's even at that level of rationality.
               | People just don't think bad things will happen to them,
               | either through naivety or a mistaken belief that they're
               | so superior they'll never be caught. Jail is something
               | that happens to other people, stupid people, not to me.
        
               | immibis wrote:
               | I think people are either too worried about things like
               | this or not worried enough - no middle. For every time
               | I've heard of rich people thinking they can get away with
               | ridiculous scandals I've also heard someone being
               | discouraged from legitimate economic activity because
               | what if some really unlikely thing happens and lands them
               | in jail for dumb reasons.
               | 
               | The latter type of people don't become businessmen, of
               | course, so the selection bias is for the businessmen to
               | all be from the unworried people.
        
               | bix6 wrote:
               | So much
        
               | MangoToupe wrote:
               | Part of the value that VCs are supposed to provide
               | society is being more skeptical than this.
        
               | AdieuToLogic wrote:
               | > They've checked with their peers and lawyers, and
               | decided it's a perfectly acceptable risk to have the
               | founders and staff of a company they're already invested
               | in do illegal things and potentially end up in jail ...
               | 
               | No legitimate business person I have ever met holds this
               | position, if for no other reason than criminal acts
               | pierce the corporate veil[0].
               | 
               | > ... so long as the investors and their staff are all
               | insulated from the illegal behavior and jail time risks.
               | 
               | There is no such thing.
               | 
               | 0 - https://corpgov.law.harvard.edu/2014/03/27/the-three-
               | justifi...
        
               | margalabargala wrote:
               | > > ... so long as the investors and their staff are all
               | insulated from the illegal behavior and jail time risks.
               | 
               | > There is no such thing.
               | 
               | Sure there is. You can never request an illegal act,
               | never commit an illegal act, but create a culture where
               | others become incentivized to do illegal acts. This can
               | be done in sufficiently subtle ways that it's impossible
               | to prove it was intentional.
               | 
               | "Will no one rid me of this turbulent priest"
        
               | lukan wrote:
               | "Will no one rid me of this turbulent priest"
               | 
               | That is not subtle enough(anymore), if you want to
               | disguise ordering murder.
        
               | ajross wrote:
               | > No legitimate business person I have ever met holds
               | this position
               | 
               | Well, sure, that's true. But only because that's a no-
               | true-scotsman fallacy in incubation. All these perps are
               | "legitimate business people" until they aren't. And they
               | cross that rubicon, almost to a person, _still believing_
               | that they 're legitimate business people and that this is
               | all a clever hack.
               | 
               | It looks obvious only in hindsight when you're looking at
               | the indictment.
               | 
               | What gets them in trouble is the clever hacking, not a
               | fundamental moral flaw. Or conversely, we need to start
               | treating clevery hackery with a lot more suspicion. It's
               | fine to "cheat cleverly" in software design. Outside that
               | world it's got some pretty ugly externalities.
        
               | m3047 wrote:
               | > What gets them in trouble is the clever hacking, not a
               | fundamental moral flaw.
               | 
               | I think you've got that backwards. Crims gonna crim. A
               | clever hacker will evaluate ALL the risks, whereas a
               | moral flaw blinds people to risks. Doesn't mean somebody
               | can't have both attributes.
               | 
               | I quite literally stole an education, and there's a
               | college transcript to prove it. I was a clever hacker,
               | and I worked hard; I was aided and abetted by the college
               | administration, inducted into the Masters candidate
               | ghetto as an honorary member. When they made it a felony
               | I quit that path, and following Hunter S. Thompson's
               | advice [0] I went into business so that I could continue
               | learning "on the job". (Nowadays they call it "OPT".
               | Served today with a very thin glaze of sarcasm.)
               | 
               | During that tenure I met people who wrote theses for a
               | living, who appreciated my industriousness and offered to
               | admit me to their fold. I drank with foreigners
               | ("muslims") who wanted information I might have or be
               | able to obtain; I suggested that they get their home
               | countries to forge documents and and then get admitted as
               | students.
               | 
               | I've quit jobs after an appropriate "honeymoon period"
               | when I still hadn't been furnished documentation
               | demonstrating that we had customers' permission to be
               | doing what we were doing. I've quit jobs when government
               | compliance was considered a game rather than a minimum
               | standard of performance. [1]
               | 
               | I pass government background checks just fine; no reason
               | I shouldn't. I get the "dgaf" attitude, but I strongly
               | suggest getting it in writing. Doing things off the books
               | is a cancer; and it's contagious, like that 10,000 year
               | old dog cancer which now moves from host to host.
               | 
               | [0] "When the going gets weird, the weird turn pro."
               | 
               | [1] If you need somebody who takes risk assessment
               | seriously, we should talk.
        
               | ajross wrote:
               | > A clever hacker will evaluate ALL the risks
               | 
               | Once more, this is a no-true-scotsman argument hanging on
               | your added adjective "clever". All the frausters and
               | criminals in the linked articles were "clever hackers"
               | until they weren't. You probably are too.
               | 
               | Introspection and humility are among the _hardest_ skills
               | for hackers to develop (probably harder for us than for
               | the general population, honestly, as our cheating gets
               | rewarded!), and they 're exactly what are being demanded
               | here to keep us out of jail. And I'm pointing out the
               | fallacies inherent in all the "it would never happen to
               | me" argumentation.
        
               | themafia wrote:
               | > if it makes the odds of that company being a 100x exit
               | 
               | Post that gain and you will have a 100x flood of civil
               | lawsuits to deal with. You may escape jail but I doubt
               | you escape with the gains.
        
           | AdieuToLogic wrote:
           | >> Of course I found out that he was going into our billing
           | software and adding hours to me. I had to talk to a lawyer
           | and he recommended I report it to the gao.
           | 
           | > All you had to do was report it to the liaison and keep
           | punching the clock. Unless you were getting paid more because
           | of the overages the enforcers dgaf about you.
           | 
           | That is not how fraudulent billing in a federal contract
           | ends.
           | 
           | The DOJ prosecutors hammer the person documented as having
           | submitted fraudulent billing and _then_ go after everyone
           | else involved. There is an outside chance in this case the
           | innocent person originally identified does not get indicted
           | and /or convicted of defrauding the government. But there is
           | _no_ doubt this process will cost the innocent person many
           | thousands of dollars in legal fees just to stay out of
           | prison.
           | 
           | The advice of "report it to the GAO" and then GTFO[0] is the
           | way to go.
           | 
           | EDIT:
           | 
           | If a person continues to "keep punching the clock" knowing
           | someone else is actively defrauding the government by "going
           | into our billing software and adding hours to me", there is a
           | nontrivial risk of being charged for conspiracy to defraud
           | the US[1].
           | 
           | 0 - https://www.dictionary.com/e/acronyms/gtfo/
           | 
           | 1 - https://www.justice.gov/archives/jm/criminal-resource-
           | manual...
        
       | exasperaited wrote:
       | I have promised to resign (and fully would have) when asked to
       | implement something that would put customer security and privacy
       | at risk, when such concerns were in their infancy; more than half
       | a lifetime ago but in the dot com era when I had actual value.
       | Our client, a very large organisation, became aware I had an
       | ethical concern my own bosses didn't share, listened to me and
       | changed their policies to eliminate my concern.
       | 
       | People who work in the Valley for fifty, a hundred times more
       | than the poorest in their own country often do not seem to feel
       | the same way anymore.
       | 
       | This is not a question of abstract ethics, but a question of
       | simple professional integrity. If the thing is bad and risks
       | harms, you don't do it.
       | 
       | It's part of why I work for myself now; it's not difficult to
       | spot people who do not have a strong sense of ethics and simply
       | not work for them. I work in a couple of fields where there are
       | many non-ethical players, and can do so with a clear conscience.
        
       | cess11 wrote:
       | This is good advice not only for people who encounter fraud, but
       | also those whose employers are profiting from war crimes and the
       | like.
        
         | lemonlearnings wrote:
         | So Google, Amazon, Oracle, Microsoft etc.
        
           | DonHopkins wrote:
           | Kids these days always forget about IBM.
           | 
           | https://en.wikipedia.org/wiki/IBM_and_World_War_II
           | 
           | https://en.wikipedia.org/wiki/IBM_and_the_Holocaust
        
             | cess11 wrote:
             | They're still at it:
             | 
             | 'In June 2025, IBM was named by a UN expert report as one
             | of several companies "central to Israel's surveillance
             | apparatus and the ongoing Gaza destruction."'
             | 
             | https://en.wikipedia.org/wiki/List_of_companies_involved_in
             | _...
        
       | n4r9 wrote:
       | Another recent classic case of this is the revelations that Uber
       | were targeting law enforcement based on user behaviour, and
       | refusing to offer them rides in areas where they were breaking
       | regulations. I mentioned this at some point last year, and
       | someone replied saying that they'd enthusiastically volunteer to
       | take part in that project (assuming no personal risk). People's
       | ethics are not always what you'd expect (or hope).
        
         | avidiax wrote:
         | I used to work for Uber, but not on this feature or anything
         | related.
         | 
         | Apropos to the article, as a programmer for this feature, what
         | you are actually asked to do is write a greybanning engine. It
         | can take various features (geofence, denylist of phone
         | numbers/emails/device identifiers/payment, etc.) and use it to
         | calculate a score that applies a greybanning policy. The policy
         | may be that the cars in the app are now fake, the ride will
         | never come, your CC is "denied", etc.
         | 
         | Nothing illegal or unethical about this feature, as written,
         | but it is a "dual-use" technology.
         | 
         | The feature has been used to literally save lives. There were
         | taxi-affiliated people in South America that would call an Uber
         | and then, at best, trash the car and beat the driver. At worst,
         | they'd kill the driver. Those people need to be greybanned,
         | along with scammers, criminals, and abusive people of all
         | sorts.
         | 
         | The local market administrators, however, definitely might ban
         | users that the know to be police ticketing the drivers, might
         | ban any account signup from the police station, might ban city
         | credit cards, etc.
         | 
         | You, as the programmer on this feature, can't defend against
         | that unethical use of it.
         | 
         | If you work at the insurance company and get asked to write a
         | rules engine but not the rules, this same thing applies to you.
        
           | n4r9 wrote:
           | Thanks for the info! I've always wondered about the inside
           | dev perspective on it.
        
       | mgilroy wrote:
       | I was asked to sign off on an R&D tax claim for my team's work. I
       | reviewed it and said no. Was then sent to a meeting with the
       | accountants who explained the claim was based on what the CEO had
       | told them. We went through the details and the agreed with me on
       | most things. I also discovered that we were entitled to claim for
       | things I wouldn't have known about and the CEO discovered that
       | just because the credits were for R&D the legal definition didn't
       | allow for normal development work.
       | 
       | In this instance nothing intentionally illegal was being
       | attempted. However, had the original claim been made it could
       | have been considered fraud. In these sorts of situations I always
       | ensure that the company put me in contact with the professionals
       | that can indemnify both the company and me from any wrong doing.
       | Provided we tell the truth.
        
         | benoau wrote:
         | This happened to me too, the claim was outsourced to a
         | contractor who had never interacted with myself or anyone on my
         | team - the only devs in the company - resulting in a purely
         | fictitious depiction of what we did.
        
       | andy99 wrote:
       | It's easy to armchair quarterback these things, and in
       | retrospect, the actions that innocent people should take are
       | probably obvious. At the time I don't think it would be so easy.
       | 
       | There is lots of pressure not to take action, because of the
       | feeling you're overreacting, because you've had things explained
       | to you in a way that minimizes or removes the criminality, and
       | because your job is at stake.
       | 
       | And crucially there is never some black and white issue. If your
       | employer told you to murder someone, it would be easy to say no
       | and know you did the right thing. If they tell you to
       | incrementally go along with some grey area thing you're not sure
       | the legal status of, it's way harder to know what to do.
       | 
       | People still have to be accountable for their actions of course,
       | ignorance is no excuse. But we all should hope we're never in
       | such a situation to begin with rather than thinking we'll know
       | how and when to act.
        
         | Timshel wrote:
         | > And crucially there is never some black and white issue.
         | 
         | The three example given are quite black and white ...
        
           | pautasso wrote:
           | Here are a few more examples:
           | 
           | https://leanpub.com/unethical-software-engineering/
           | Covert Surveillance                 EMAIL PIXEL INJECTOR
           | STEALTHY INPUT LOGGER               Monetization at all costs
           | AGGRESSIVE ADVERTISER                  AD BLOCKER DETECTOR
           | PAY TO WIN                  ADDICTION PEDDLER
           | ARTIFICIAL SCARCITY HOARDER                  DRM RUG PULLER
           | OBSOLESCENCE PLANNER               Digital Fraud
           | CYBERSQUATTER                  SNEAKY TERMS DEGRADER
           | INTEROPERABILITY BREAKER               Ranking Manipulation
           | FAKE REVIEW GENERATOR                  SEARCH RANKING
           | KICKBACKER               Unethical Artificial Intelligence
           | Practices                 TRAINING DATA HARVESTER
           | BOT PRETENDER                  DECEPTIVE DEEPFAKER
        
             | DoctorOW wrote:
             | You should probably disclose this is your own book you're
             | advertising.
        
               | pluies wrote:
               | AGGRESSIVE ADVERTISER
        
           | nritchie wrote:
           | I was just double billed by the third-party that Enterprise
           | Rentals uses to handle tolls. Fraud? Incompetence? Is there a
           | difference?
        
           | mattlondon wrote:
           | The article makes it sound clear sure. But then the article
           | has been edited.
           | 
           | I would not have been surprised if the 5 million user thing
           | was couched as some sort of "we need to generate some
           | realistic test data to load test our systems <WINK WINK> -
           | please create 5 million accounts very similar to these paying
           | ones, remember this is testing so they need to be as
           | realistic and believable as possible <WINK WINK>".
           | 
           | If I got that request (perhaps without the winking!) come
           | down the line through the usual channels I'd probably have
           | gone along with it without realising it was for anything
           | nefarious. ...but then would that be a viable defense?!
           | 
           | Context is everything.
        
             | somenameforme wrote:
             | Even if somebody gave no pretext, I don't think that, in
             | and of itself, is illegal. Though it could be used for
             | illegal things. For instance early on Reddit actively
             | created fake accounts, fake votes, fake comments, and all
             | other sorts of stuff in the process of trying to reach
             | critical mass. I _really_ doubt that was illegal.
             | 
             | OTOH if somebody sent a message saying, 'Hey we need to
             | increase our apparent paying users in order to defraud some
             | potential investors.' then obviously you've become part of
             | a criminal conspiracy, but I think nobody would ever*
             | overtly say that.
        
               | wink wrote:
               | I think there is a big difference between faking 10k
               | users and then going to investors at 1m users years later
               | (it's a morally dubious kickstart) or in this case for
               | the sake of the sale/investment going to 1400%.
        
             | meesles wrote:
             | I think this skips over an important fact from the article
             | - the head of growth + CEO were in the room making this
             | request, then the eng director raised concerns, then they
             | assuaged his concerns by saying it's ok for 'investor
             | purposes'.
             | 
             | I can see the situation you're describing, sorta. Though if
             | it was me and someone asked me to generate a list of 5
             | million real-ish user accounts in a report, I'd immediately
             | ask why. If it's to commit fraud or lie to investors, I
             | would be like hell no! If we're doing load testing or
             | something legit, for sure. But I feel like benign use-cases
             | of generating 5 million accounts would not include the
             | "make it look real" aspect.
             | 
             | I also don't think the Reddit comparison makes sense, since
             | Reddit didn't seek to sell the company at the time based on
             | the # of users. Growth hacking is one thing, lying to
             | investors about users is another. Because this data point
             | was a key decision factor for a financial transaction, this
             | fake information/lie becomes fraud.
        
         | imglorp wrote:
         | I can only imagine someone with a family to feed who is tied to
         | corporate health insurance, or an H1 visa, being coerced into
         | some gray activities being unwilling to lose their job to
         | remain ethical or legal.
         | 
         | One of many reasons employers have a quiverful of ways to
         | exploit and control workers.
        
           | franktankbank wrote:
           | And why some people have a problem working with H1 coworkers
           | at all. Its a separate class of workers, same as offshore,
           | its somehow hostile.
        
         | walleeee wrote:
         | > we all should hope
         | 
         | If you're serious about anything, you do more than hope. You do
         | diligence on your prospective employer before going to work for
         | them. You think through a litany of contingencies and prepare a
         | plan of action for each. Jobs in this industry are uniquely
         | amenable to this by virtue of their relatively higher
         | compensation and the autonomy often afforded to employees. If
         | you spend an hour every day on HN, you can spend an hour
         | meditating upon your conscience.
         | 
         | Predicting one's response to stressful and unexpected
         | circumstances is hard. So try to anticipate circumstances and
         | cultivate relevant virtues in advance.
        
       | zero_k wrote:
       | I wish I could tell a story. Alas, I can't. It turns out that
       | large corporations are excellent at hiding evidence of
       | wrongdoing, and will do everything to cover the backside of high-
       | level execs, because stock price matters. When it's bad, the exec
       | leaves for a "better opportunity", and none will be wiser. The
       | stress of the honest, serious engineer(s) remain, and the exec
       | gets a free ride to their next big beautiful step up the ladder.
       | In retrospect, don't follow internal reporting guidelines, and
       | don't talk to internal lawyers. They either are incompetent or
       | competent, but paid to swipe stuff under the rug -- you'll never
       | find out either way. Instead, go to the relevant regulatory
       | agency, write a detailed report to them, and let it play out.
        
         | ruszki wrote:
         | It depends on the country. It's not possible to operate large
         | companies in Hungary without paying to the prime minister's
         | family. When I lived there, I signed a paper at a large
         | multinational company as a simple developer. The paper's only
         | purpose was to channel EU funds to the family. I was naive, and
         | I thought that it's a real project, with real work. It wasn't.
         | Later I realised why some of my coworkers were against it, but
         | I didn't believe that that company would go down on that route.
         | I was really naive.
        
           | anonymousDan wrote:
           | Looks like Trump has taken a leaf out of Orban's notebook.
           | What a depressing situation to be in.
        
             | gadders wrote:
             | That 100k/month for Hunter Biden from a Ukrainian energy
             | company was totally legit though.
        
               | ajoberstar wrote:
               | It's not even the same ballpark.
        
               | Tesl wrote:
               | Just ... wow
        
           | andrepd wrote:
           | It's extremely fucked up that the EU has this kind of
           | kleptocratic autocracy in its midst not only stealing
           | billions but actively sabotaging its operations, when people
           | have been warning about Hungary for 15 years (the Tavares
           | report is from 2010 I believe).
        
             | ruszki wrote:
             | It's funny seeing America, and making the same mistakes.
             | We're humans after all.
             | 
             | The transition in Hungary was really seamless. Step-by-
             | step. The Tavares report was still mainly about
             | possibilities. The laws and the new constitution were
             | already there to use them, but they still didn't use their
             | full force. They could pretend that it's a democracy. They
             | still pretend it, and most Hungarians still believe it,
             | even when the government rules by decree for over a decade
             | now, with elections with not equal playing field at all
             | (opposition needs to win over 10% to be 50-50 with the
             | ruling party).
             | 
             | And they're on the next phase. There is a new opposition
             | leader, and it's way more difficult to pretend democracy
             | now. The most interesting is Orban's used to be supporters.
             | They switched like nothing. One day, an opposition adjacent
             | podcaster was satan itself, the next day, "she's all right
             | after all". One of my friend and his siblings argued
             | against Orban with their parents for more than a decade,
             | then the switch was instant. The parents will still choose
             | badly next time, for the bad reasons, and they will allow
             | to happen this again. When MAGA collapses, you can expect
             | the same thing. There won't be any self reflection.
        
       | pjc50 wrote:
       | > Frank was a student loan startup founded by Charlie Javice in
       | 2016. In 2019, Javice was featured on the Forbes "30 under 30"
       | 
       | There was a joke going around Twitter about "30 under 30 doing 30
       | to life", because the startups involved were getting more and
       | more outlandish to the extent that bystanders suspected that
       | fraud was going on. Became a Guardian article:
       | https://www.theguardian.com/business/2023/apr/06/forbes-30-u...
       | 
       | Of course, a fraud can stay afloat for a lot longer than you
       | expect. The _really_ tricky case is when you 're ordered to do
       | something illegal or unethical for which there is substantial
       | political cover. An executive order, for example. You cannot rely
       | on anyone to back you up simply because of the letter of the law.
       | 
       | Also:
       | 
       | > The reality was that this was a very deliberate double charge.
       | I could not share this fact at the time - as the company
       | threatened me with libel after I informed them of this detail
       | 
       | UK libel law routinely covers up all sorts of things which the
       | public would benefit from having revealed, simply by the threat
       | of an expensive lawsuit. It makes investigative journalism really
       | uneconomic.
        
         | bloak wrote:
         | > UK libel law routinely covers up all sorts of things which
         | the public would benefit from having revealed, simply by the
         | threat of an expensive lawsuit. It makes investigative
         | journalism really uneconomic.
         | 
         | But the worst horror stories date from before it was last
         | reformed, in 2013, I think, and I feel the need to
         | patriotically point out that Australian libel law is even
         | worse!
        
           | noir_lord wrote:
           | Another country having worse legislation doesn't really
           | impact on how bad ours is though.
           | 
           | Bad is bad.
        
         | bsenftner wrote:
         | I've been doing this tech nonsense at moderately high levels
         | for over 45 years now, and over the years I've had business
         | dealings with members of these "30 under 30" lists, and every
         | single fucking time it's a conman, a grifter. I don't even
         | bother with heavily marketed individuals nor their flagships
         | anymore. They are nonsense.
        
           | graemep wrote:
           | It reminds me of one of two people (at the same time and
           | place in my life) I was introduced to because they shared
           | national origin (i.e. nationality at birth, or parents
           | nationality) with me.
           | 
           | One later got into the Sunday Times rich list (the under 40
           | section, IIRC) during the dot com bubble, by the simple
           | expedient of lying. He claimed to be working on encryption
           | software that was hugely valuable and said it was valued in
           | billions. He actually owned a smallish local computer shop.
           | He later fled the country claiming MI5 were persecuting him
           | for developing such good encryption software.
           | 
           | TO be fair, he seems to have fooled financial institutions
           | too. He bought a Ferarri (presumably on credit) and Amex gave
           | him a black card (which he tastefully put a picture of on the
           | company website). It did not take a lot to see through the
           | fraud, the actual business was decribed on the website.
           | 
           | The other person I got introduced to around the same time for
           | the same reason turned out to be a member of a terrorist
           | organisation. Not banned here at the time, but still not
           | someone I particularly wanted to meet.
        
         | harvey9 wrote:
         | Do any other countries have an equivalent to the UK's "super
         | injunction"? This is where a court order says you're not
         | allowed to talk about the court order itself nevermind the
         | topic covered by the order.
        
           | flir wrote:
           | https://en.wikipedia.org/wiki/Warrant_canary
           | 
           | That's probably a good starting point for a dive into that
           | question.
        
             | scott_w wrote:
             | I remember a lot of fuss being made about these but, as
             | time goes on, I'm very sceptical they can work. Looking at
             | the Afghan data leak reported earlier this year: courts can
             | make it practically difficult for most of the organisation
             | to even know they're subject to court orders!
             | 
             | The person updating the website asks "have we received a
             | court order?" and the person under injunction _must_ answer
             | "not me." The website author isn't lying, but the website
             | contains incorrect information (as the result of a legally-
             | enforced lie).
             | 
             | You could ask your lawyer but, once again, they'd also
             | answer "no we haven't" because answering anything else is
             | contempt of court at best.
        
               | nerdsniper wrote:
               | I'd think the CEO would know, would they not? And the CEO
               | could tell the person updating the website: "Let's go
               | ahead and remove the canary, we don't need it anymore."
               | --> "OMG, did we get secretly subpoena'd?" ---> "No, not
               | yet, but I just don't want to run the warrant canary
               | anymore."
        
               | scott_w wrote:
               | The only way the CEO finds out is if they're made privy
               | to the injunction, at which point they become subject to
               | it. Even an oblique hint could be a breach of the
               | injunction.
               | 
               | Be honest: do you think a judge is stupid enough to
               | believe you had the injunction explained to you by your
               | legal counsel then, in a totally unrelated incident,
               | thought "oh, I don't think we need the warrant canary any
               | more."
        
           | malnourish wrote:
           | That's a key component of some specific forms of US warrants.
        
           | scott_w wrote:
           | I imagine so. Bear in mind that the concept isn't
           | particularly a bad idea, however they are _very_ easy to
           | abuse and the laws need to restrict them to where they 're
           | strictly necessary (and force the court to prove they're
           | still needed).
           | 
           | The Afghan data leak scandal is a great example of where it
           | made sense to use a super-injunction at first but also where
           | its application continued long past when it should have done
           | for (frankly) political reasons. Lewis Goodall's reporting on
           | this is pretty excellent and fairly balanced, in my opinion.
        
         | abxyz wrote:
         | > UK libel law routinely covers up all sorts of things which
         | the public would benefit from having revealed, simply by the
         | threat of an expensive lawsuit. It makes investigative
         | journalism really uneconomic.
         | 
         | No. The deference people have to _the law_ as some sort of all
         | knowing all powerful magic spell that can be cast to force
         | silence at any time is to blame. Libel is publishing something
         | you know to be untrue. The truth cannot be libel.
         | 
         | If you want to speak the truth, if you want to act in service
         | of the greater good, you must take the risk that you will
         | attract attention from people who do not want you to speak the
         | truth. And those people may use whatever power they have to
         | suppress you, whether that's judicial or extrajudicial. That's
         | not caused by any specific legal system, it's how people
         | behave.
         | 
         | Investigative journalism is uneconomic the world over. The U.K.
         | has some of the best investigative journalism in the world. The
         | U.K. legal system is far from perfect, but it is wrong to say
         | that in this case, the U.K.'s libel laws (for all their flaws)
         | kept this information secret.
         | 
         | The irony is that the greatest suppressor of the truth is
         | comments like yours which scare people into silence about the
         | truth.
        
           | pjc50 wrote:
           | https://www.msrs.co.uk/the-libel-labyrinth-navigating-the-
           | tw...
           | 
           | > The costs in this case were significant, with Vardy being
           | ordered to pay a substantial proportion of Rooney's legal
           | fees. Initially, the court ordered Vardy to pay PS1.5 million
           | in costs, earlier this month, it was revealed that Vardy had
           | been ordered to pay an additional PS100,000, bringing the
           | total to PS1.6 million.
           | 
           | https://www.matrixlaw.co.uk/news/noel-clarke-ordered-to-
           | pay-...
           | 
           | > In August, after a six week trial, the High Court upheld
           | the Guardian's defences of truth and public interest speech.
           | 
           | > The trial judge, Steyn J, has now ordered Mr Clarke to pay
           | PS3m on account within 28 days, in respect of a likely
           | eventual costs liability of over PS6m.
           | 
           | Those are cases where the defence _won_. But in those cases,
           | (a) they have to front the legal fees themselves for a period
           | of several years during the action and (b) there is a real
           | risk that the person who filed the libel action may not be
           | able to pay it.
           | 
           | It very risky for an individual to defend a libel action, so
           | almost everyone folds instantly on receiving a letter, or
           | settles.
           | 
           | An exception: https://en.wikipedia.org/wiki/Monroe_v_Hopkins
           | - peak Twitter, sadly. Fortunately in this case justice
           | prevailed and Katie Hopkins lost her house and life savings.
        
             | closewith wrote:
             | Yes, I once made a bug report based to a client's supplier
             | (overly permissive API endpoint was leading user data) and
             | became the subject of the a spurious defamation letter. It
             | was obviously unwinnable on the supplier's part, never went
             | past solicitor's letters, and still cost high four figures
             | to defend.
             | 
             | Nothing like some of the real horror stories, but still a
             | significant chilling effect.
        
               | abxyz wrote:
               | > ...and still cost high four figures to defend
               | 
               | You do not need to "defend" against a "spurious
               | defamation letter". The (very profitable) business of
               | sending legal letters is based on the misunderstanding of
               | the law that is perpetuated online. Legal letters are to
               | law firms what bandwidth is to cloud hosting providers:
               | free money.
        
               | krageon wrote:
               | Bandwidth isn't free to a cloud hosting provider in any
               | real sense of the word. It's not priced in relation to
               | cost, but it definitely _does_ cost
        
               | closewith wrote:
               | In the UK, under the UK Civil Procedure Rules, you are
               | expected to engage in the Pre-Action Protocol and provide
               | a substantive response within 14 days, and failure to do
               | so can effect you credibility and standing in court. So
               | you do not have to respond, but not doing so risks
               | sanction from the court for non-engagement.
        
               | abxyz wrote:
               | You're proving my point. You are catastrophising.
               | 
               | A response to a "spurious defamation letter" does not
               | cost "high four figures". Substantive does not refer to
               | the cost of the response. Substantive means that it
               | addresses the substance of the complaint.
               | 
               | The "high four figures" you spent for a lawyer to respond
               | (I disagree with the word "defend") to a legal threat was
               | unnecessary. You paid a bunch of money for some low-paid
               | legal assistants to fill out a template, and then a high-
               | paid solicitor to sign off on it.
               | 
               | As an individual, you can respond substantively to a
               | legal threat for free. And even if you choose not to
               | respond, courts are not punitive, the standard that
               | courts hold individuals to are different to the standards
               | they hold law firms to. A court will not rule in a
               | claimant's favour in a libel case because an individual
               | didn't follow procedure correctly.
               | 
               | If you, as an individual, make a truthful statement about
               | A Big Corporation and A Big Corporation spends PS100,000
               | on a team of lawyers to write an angry letter to you
               | demanding you retract, a simple single-sentence self-
               | composed response of "The statement is true, I will not
               | retract." is substantive.
               | 
               | Despite what catastrophisers like yourself
               | (catastrophisers who are encouraged by participants in
               | the legal system who profit from this misapprehension)
               | might suggest, civil courts are interested in
               | adjudicating fairness, not trapping individuals in an
               | endless legal quagmire.
               | 
               | Can you share examples of individuals who have been
               | sanctioned by the U.K. courts for anything that comes
               | close to not engaging in the Pre-Action Protocol?
        
               | closewith wrote:
               | No, the Pre-Action Protocol is quite a bit more in depth
               | than that and required a significant response including
               | document review and research.
               | 
               | "The statement is true, I will not retract" is not
               | substantive and is effectively calling the bluff. If they
               | take it beyond a letter, those costs will balloon
               | further.
        
               | abxyz wrote:
               | https://www.justice.gov.uk/courts/procedure-
               | rules/civil/prot...
               | 
               | The "Defendant's Response to Letter of Claim" section is
               | very clear that it is actually that simple. The burden is
               | almost entirely on the claimant, the defendant has very
               | little to do. Can you provide any evidence that any
               | individual has ever been sanctioned by a U.K. court for
               | either not filing a response, or not filing a substantive
               | response?
               | 
               | You are saying that "costs will balloon further" but you
               | haven't yet established there are any costs. How can
               | costs that do not exist balloon? Any individual could
               | satisfy the "Pre-action Protocol for Media and
               | Communications Claims" with ease, no expense necessary.
        
               | closewith wrote:
               | Costs upon commencement of litigation. Are you being
               | purposely obtuse or trolling?
        
               | abxyz wrote:
               | The point I am making in this thread is that there are no
               | mandatory costs, that receiving an angry letter from the
               | lawyers of a deep-pocketed litigant is financially
               | inconsequential. The choice to hire legal representation
               | and pay them "high four figures" to write a response is a
               | choice. Hiring legal representation for court is a
               | choice, too.
               | 
               | The courts are very kind to people who choose to
               | represent themselves, especially when the litigants are
               | obviously abusing the system to try and silence
               | individuals. The point you're making seems to be that you
               | must spend money to defend against spurious defamation
               | claims so I have asked you to provide any evidence of a
               | case where an individual is accused of libel and has
               | suffered because they chose not to spend money.
               | 
               | I am not trolling. I disagree with the suggestion that
               | the U.K. libel laws create an environment where people
               | are scared to speak truth because there is a real threat
               | of an expensive lawsuit. My position is that the fear
               | people have of expensive lawsuits comes from other people
               | fear mongering, in comments like yours, either based on a
               | misunderstanding of a case they've seen publicised or
               | because of information they've been given by legal
               | professionals in a different context.
        
               | closewith wrote:
               | Okay, so you are trolling or you are at peak levels at HN
               | arrogance.
               | 
               | No, the chilling effect of UK defamation laws is not an
               | artefact of scaremongering. No, you have not discovered
               | the secret truth hidden by the legal profession. Yes,
               | defamation cases are a real threat and expensive to
               | defend as the burden of proof lies on the defendant, not
               | the allegedly defamed.
        
             | jddj wrote:
             | > Lots of people are celebrating but I'm not. It's a sad,
             | lonely sort of anticlimax. It's really crap and I feel
             | really bad it's all ended up like this. I thought she'd
             | just say sorry
             | 
             | Wow.
             | 
             | > In May 2018, Hopkins won an IPSO case against the Daily
             | Mirror for claiming that she had been detained in South
             | Africa in February 2018 for taking ketamine. The Mirror
             | updated the headline to say that she had been detained for
             | spreading racial hatred, and included a correction in the
             | article.
             | 
             | Pick your battles, eh
        
             | abxyz wrote:
             | You are (wilfully?) misrepresenting these cases. The
             | defence in each of these cases chose to employ very
             | expensive legal teams, the cost in these cases is a
             | reflection of choices made by the defendant, not the cost
             | of defending against a claim of libel. As an individual
             | defendant in a libel case, there would be no obligation to
             | incur such costs.
             | 
             | Noel Clarke's legal team were working on a no-win no-fee
             | basis (before they saw the writing on the wall and dropped
             | him as a client, leading him to represent himself). The
             | Guardian had no obligation to spend over PS6 million on
             | their defence, it was a choice they made. Indeed, one could
             | argue that The Guardian chose to spend so much to send a
             | message to those that consider baseless libel legal action
             | in future, that The Guardian is willing to spend any amount
             | of money to defend itself.
             | 
             | If you are an individual who posts the truth online, and
             | you are sued for libel, you can spend very little on
             | mounting a defence (you may even choose to represent
             | yourself for free). Whether the litigant spends thousands,
             | millions or billions on their action against you is
             | immaterial as it is their cost, not yours.
             | 
             | As for Jack Monroe vs. Hopkins, Jack Monroe is a fraud.
             | Justice did not prevail, although Hopkins losing her house
             | was a nice treat.
        
           | pessimizer wrote:
           | Very easy to pop shit when you aren't risking your life and
           | your family's future to protect the honor of JP Morgan. If
           | everything goes perfectly, you've just lost your job and
           | can't get hired because people don't want to hire a snitch;
           | and if everything goes badly, it could go really badly. You
           | might end up killed in a _botched robbery_ , or thinking
           | suicide will be the only way to save your family.
           | 
           | I'm pretty sure the truth wasn't even a defense in UK libel
           | law before 2013. It was entirely about whether you had the
           | intent to harm someone. If you want to disrupt a thief's
           | business, that's intent to harm someone, as a lot of people
           | who wrote about quack doctors found out.
        
           | IAmBroom wrote:
           | The irony is that libel doesn't just suppress individuals,
           | but corporations that might be bankrupted by libel suits,
           | such as reporting agencies.
           | 
           | Nice ideals. I mean that. But pure altruism at great cost is
           | a lot harder than you imagine.
        
           | Yossarrian22 wrote:
           | Then go publish an article about how much time the Prince of
           | Wales spends with women that aren't his wife
        
             | abxyz wrote:
             | Sure, send me the evidence and I'll publish it.
        
       | bschne wrote:
       | I'm quite firmly on the side of "don't do bad stuff", even way
       | before crossing the line to wondering how you'd look in the
       | proverbial orange jumpsuit. But two things about this are often
       | under-discussed IMO.
       | 
       | Firstly, personal costs can be high even before full-blown
       | whistleblowing, the struggles of which are well reported. The
       | best case is usually that you're looking for a new job. It is
       | clear to me that that's better than committing a crime or gravely
       | unethical action, but not everyone always has good alternatives,
       | enough financial safety, and no major economic responsibilities
       | to cover at home.
       | 
       | This also goes for mental costs: I have previously come close to
       | burnout spending months trying to rectify a clearly very bad and
       | doomed situation. The only reward at the other end was the bitter
       | vindication of seeing a project I deeply cared about crash and
       | burn from afar after cutting my losses. And I personally know
       | people who suffered far greater damage and took longer to recover
       | from it, even in cases where they merely uncovered some big
       | skeleton in the closet that was not even the fault of anyone
       | currently in charge or clearly malicious. In many cases,
       | management will be somewhere between actively complicit and
       | themselves stuck in a bad situation with barely enough
       | (perceived) agency to fix things the right way, which doesn't
       | help.
       | 
       | Secondly, short of "going to war" and dedicating your entire life
       | to changing something, saving yourself is usually the best you
       | can hope for. That's obviously better than being complicit and
       | possibly liable. I also like being able to sleep at night knowing
       | I have principles. But if you have the righteousness to refuse to
       | become complicit, it's quite frustrating to come to terms with
       | the fact that you mostly won't be able to set things straight
       | properly unless you are in a very influential position. I know
       | that's often not really my responsibility if I'm not higher up,
       | but it still doesn't sit right with me that I can't do more.
        
         | gampleman wrote:
         | > not everyone always has good alternatives, enough financial
         | safety, and no major economic responsibilities to cover at
         | home.
         | 
         | I recommend planning for this (if you can). Set money aside
         | sufficient to cover your costs until you can get another job so
         | that you can quit at any time. Negotiate your deals so that you
         | don't end up with substantial golden handcuffs (i.e. cash >
         | equity, especially with long vesting periods).
         | 
         | This helps a lot with maintaining an ethical position, but is
         | also helpful for other negotiations. Effectively you are
         | maintaining a good BATNA[1].
         | 
         | [1]:
         | https://corporatefinanceinstitute.com/resources/valuation/wh...
        
           | bschne wrote:
           | whole-heartedly seconded, it helps with anything from "they
           | want me to do something really bad" all the way to "I'm
           | really not feeling it anymore here"
        
       | moron4hire wrote:
       | Many years ago, I was working for a consulting firm doing work
       | for a, erhm, "large insurance provider headquartered in
       | Illinois". I was building a tool their insurance adjusters could
       | use to use GPS devices to check how far houses were from the
       | coast line and deny flood coverage to anyone within a certain
       | boundary. Note that this was during the time of Selective
       | Availability, so GPS devices were only good to 100m precision.
       | 
       | The client saw my first version where I marked an "indeterminate"
       | buffer zone to account for the precision problem. They complained
       | it was "confusing" and insisted I use the raw value without any
       | buffer. Oh, and also, round the numbers in such a way to put all
       | indeterminate points inside the denial zone. This would
       | effectively add hundreds of square miles to the denial zone. A
       | denial zone set by law, i.e. this was the some the government was
       | allowing the insurance company to blanket deny flood coverage.
       | 
       | Giving them the benefit of doubt, I explained that the proposed
       | changes didn't make mathematical sense and would over count
       | people near the edge of the denial zone. I had access to some
       | market data at the time and was able to estimate it would be a
       | few thousand extra homes. They did the standard "avoid
       | acknowledging the issue" whenever someone is trying to pressure
       | you into doing something unethical it illegal.
       | 
       | I told my boss at the consulting company. He started putting the
       | screws on me. Told me we needed to do this. Told me my job was on
       | the line. Intimated it would be hard to find a new job
       | considering the client was the largest employer in the area. Told
       | me he could get anyone to do it.
       | 
       | I had two weeks of PTO planned, during which I was supposed to
       | come back to Pennsylvania and move my stuff out to Illinois.
       | After my PTO, I was supposed to show back up in Illinois.
       | Instead, I went to our HQ in PA (much to the surprise of
       | everyone, "what are you doing _here_ "), told the CEO what
       | happened, and when he doubled down on doing the wrong thing, I
       | quit on the spot, no notice period.
       | 
       | I learned later they did not "get anyone to do it". My actions
       | put the contract in a lurch, the client dropped my former
       | employer, and cancelled the project.
       | 
       | I feel pretty good about that one.
       | 
       | There have been other issues since then, but I've noticed a
       | pattern. They always happen at places I had to talk myself into
       | joining. There were red flags and I rationalized them away,
       | "well, I'm just over reacting. I don't have any evidence anything
       | is wrong here. It's just the way people talk that's bothering me.
       | And I really need this job." Since I've gotten more stable and
       | better about not taking jobs that show red flags, somehow the
       | ethical issues seem to have magically gone away.
        
         | fred_is_fred wrote:
         | Does this pre-date flood zone maps or something? That's a way
         | better indicator of risk than miles from the coast.
        
           | moron4hire wrote:
           | I don't know. This was 25 years ago and I was pretty young at
           | the time. Clients being clients, they probably didn't know,
           | either. Consulting being consulting, probably nobody would
           | have sprung for it (the maps if they needed licensing, or
           | even just the development to use them) if anyone did know.
        
             | throwaway173738 wrote:
             | FEMA provides them for free, but 25 years ago there may
             | have been a great cost to using them in printed form.
        
       | spicyusername wrote:
       | Quitting is usually a good first response.
        
       | cakealert wrote:
       | If you asked to do something fishy then document it and consult a
       | lawyer. Don't do anything that is above the bare minimum required
       | to cover your ass. You get nothing for doing the "right thing"
       | and are likely to be penalized for it - word will get around and
       | future employers have no interest in figuring out if you were
       | right nor will they care, you will have proven to be disloyal or
       | worse an idealist.
        
       | swills wrote:
       | I really do not know what to think of someone facing up to 75
       | years in prison getting 3 years of probation.
        
         | singron wrote:
         | The media is terrible about reporting on "maximum sentences".
         | The federal sentencing guidelines are super complicated and
         | lazy journalists usually just add all the maximum numbers up
         | and write these egregious numbers. In reality, a lot of the
         | charges are deduplicated, can be served concurrently, or are
         | automatically attenuated by factors like being a 1st time
         | offender.
        
         | rossdavidh wrote:
         | I believe it's mostly because of cooperating with the
         | prosecution of the ringleader.
        
       | jmward01 wrote:
       | 'You can always say no...' That is like something from a bad
       | movie about spouse abuse. 'Just leave' plays well on TV but the
       | reality is often that a job is someone's life. Just saying no and
       | leaving will have real, and likely massive, harm to the person.
       | Where do they go? What do they do? Do they actually have 6 months
       | of savings to look for a new position and explain why they left
       | their last one? How about the money to spend on hiring lawyers to
       | help them? We need functioning protections for whistleblowers
       | that are well advertised, well funded, -not- subject to the whims
       | of whoever is in office and that actually allow people to 'just
       | say no' and not have their lives shattered.
        
       | jcz_nz wrote:
       | In 2010 WellPoint was found to be automatically targeting
       | insurance policies of women with breast cancer for cancellation,
       | using any pretext. Angela Braly was the CEO at the time, now at
       | ExxonMobile. WellPoint was the second largest health insurer in
       | the US at the time. This required a lot of business analysis and
       | software development - and people had to realize what this code
       | was doing. I'm guessing bonuses were paid on the back of the
       | "savings" this generated.
        
         | jcz_nz wrote:
         | At the very least, these folks need to have their names
         | permanently attached to this atrocity. These weren't decisions
         | made by "a corporation" - these people sat across a meeting
         | room table and actually concluded that targeting breast cancer
         | patients was an acceptable means to an end.
         | 
         | Lori A. Beer was the CIO at the time. Now at JP Morgan.
        
           | testing22321 wrote:
           | Na, just ban all of them and all their families from ever
           | having health insurance again so they can suffer the same
           | fate they doomed others too intentionally . Make an example
           | and all that.
        
             | ghssds wrote:
             | It's counter-productive to punish someone for something out
             | of their control. One should not be punished for his
             | parents', siblings' or childs' actions.
        
               | jliptzin wrote:
               | It's not even a punishment anyway, they can easily afford
               | to pay for their care out of pocket.
        
               | ashdksnndck wrote:
               | Are you implying random programmers, administrators, and
               | managers at insurance companies have generational wealth?
               | Then why are they spending their time doing those jobs?
        
               | adrianN wrote:
               | It is my understanding that in the US many common health
               | issues can cost you millions of dollars.
        
               | thfuran wrote:
               | A few million dollars would probably cover months in the
               | ICU, so not exactly common. A few tens of thousands would
               | be a more plausible ambulance ride to ER followed by
               | emergency surgery and a few days in the hospital, which
               | still isn't very common. Carrying a pregnancy to term and
               | delivery can be similarly expensive though.
        
               | adrianN wrote:
               | My twins spent a month in the ICU but my insurance
               | covered it.
        
               | salawat wrote:
               | Ah, but the family of the canceled policyholders should
               | suffer for losing their mother/sister/daughters?
               | 
               | Make decisions to harm others, don't be surprised if it
               | blows back in kind. Golden Rule is there for a reason.
               | Treat others as you would have them do unto you.
        
               | gljiva wrote:
               | Have the families of those "insurers" made a decision to
               | harm others?
        
               | thephyber wrote:
               | A different lens to view this:
               | 
               | If you benefit from receiving stolen property, does the
               | law force you to return it? One way of interpreting your
               | scare quotes is that the executives turned a health
               | insurer into a law violating company.
               | 
               | Obviously there are burdens of proof and this is most
               | likely not possible to prosecute (it sounds like the
               | health insurer has already shrunk and based on the date
               | of the anecdote above, I'm guessing the relevant statutes
               | of limitations have expired.
        
               | jkaplowitz wrote:
               | > If you benefit from receiving stolen property, does the
               | law force you to return it?
               | 
               | The general answer to that is: it depends on a lot of
               | factors, but sometimes yes and sometimes no. The specific
               | answer varies between jurisdictions, I think even between
               | different US states and certainly between countries. It's
               | often relevant whether you knew or should reasonably have
               | known at the time of purchase that the property was
               | stolen.
        
               | em-bee wrote:
               | well it depends, if you buy a car stolen from me, then i
               | should get the car back, no matter what. if you didn't
               | know that it was stolen, you have a claim against the
               | person who sold you the car, but not me. but if that
               | person can't return the money, then you are out of luck,
               | just as when you are falling for a scam. not your fault,
               | but your damage nontheless.
        
               | salawat wrote:
               | Those families are/were more than happy with the standard
               | of life being raked in by their breadwinner's willingness
               | to make the unilateral decision to indulge in
               | institionally driven statistical murder. So yeah, as one
               | who walked away from Omelas in that sense, I think I'm
               | pretty qualified to say yes on this front. After a
               | certain point, a wife or husband not asking "so what is
               | it you do exactly?", does rather reflect poorly on them.
               | 
               | Remember, every person working for an insurer has
               | unparalleled access to data on what the effects of their
               | decision is going to be. You can't claim ignorance once
               | you've seen the glorified spreadsheets that run these
               | companies.
        
               | rswail wrote:
               | In the US it's unconstitutional for the government to do
               | that, it's what the ban of laws of attainder is partially
               | about.
        
               | thaumasiotes wrote:
               | > it's what the ban of laws of attainder is partially
               | about.
               | 
               | Not really; attainder occurs when you're convicted by a
               | legislator as opposed to a judge.
        
               | whoknowsidont wrote:
               | >It's counter-productive to punish someone for something
               | out of their control.
               | 
               | For people in specific classes that benefit from networks
               | and status: it is not.
               | 
               | It should be default. If you abuse your power and
               | position, it should have cascading effects not just for
               | you but people that benefited from it.
               | 
               | This idea that only one person at fault when there are
               | 10's of people that hide behind the crime is just non-
               | sense and has done immeasurable damage to society.
               | 
               | And I stress again: it should be income bracket/class
               | based. The higher you are, the harder the fall.
        
               | teiferer wrote:
               | Collective punishment also has done immeasurable damage
               | to society and I'm glad that most reasonable systems of
               | law do not consider it legal.
               | 
               | Go after the guilty party and revert whatever benefits
               | they got. If money went to dependents, that money is to
               | be seized. But those who received the money are not at
               | fault per se. Unless they helped in the crime, then they
               | are obviously guilty too, but not of receiving fund but
               | for helping committing a crime.
        
               | kstenerud wrote:
               | Yep. We have laws against that sort of thing precisely
               | because it's such a common human reaction to an
               | injustice.
               | 
               | You can even see the evidence in many of the sister
               | comments here.
               | 
               | https://en.wikipedia.org/wiki/Collective_punishment
        
               | bestouff wrote:
               | Of course, but having their families profit from the
               | money earnt via these evil actions doesn't seem fair
               | either.
        
               | kstenerud wrote:
               | We already have long-established legal precedent for
               | dealing with such issues and much more. It can actually
               | get quite complicated - which is why we defer to the
               | experts and move slowly on such subjects.
        
               | bluefirebrand wrote:
               | It really seems like it's only complicated because there
               | are an awful lot of people who want to do as evil things
               | as possible and not go to prison for it
               | 
               | Loopholes and lawfare are the tools of the corrupt
        
               | kstenerud wrote:
               | You'd think so, but no. Most of the complications come
               | from handling edge cases where the innocent would get
               | swept up, while avoiding exploitability. Making laws that
               | actually do what we want is HARD.
               | 
               | Laws are like code: It only seems perfect until it meets
               | the real world. And the complications only seem frivolous
               | until it's your ass on the line.
        
               | whoknowsidont wrote:
               | >We already have long-established legal precedent for
               | dealing with such issues and much more.
               | 
               | We really don't in reality. The manner in which even the
               | existing laws are enforced leaves a lot to be desired.
        
               | bill_joy_fanboy wrote:
               | Is it really counter-productive, though?
               | 
               | Propensity to do harm through crime, violence, etc. is
               | largely a genetic attribute.
               | 
               | Take a violent drug lord for example. Do you really want
               | a woman capable of loving him allowed to continue on as
               | if nothing happened?
        
           | teiferer wrote:
           | "permanently"
           | 
           | "ever again"
           | 
           | For good reason, modern law systems rarely issue punishments
           | that last a lifetime. People can and do change, and something
           | stupid (and illegal) you did 30 years ago shouldn't be held
           | over your head today. These are rare cases for the absolutely
           | worst crimes. For anything else, you receive a punishment, be
           | it money or months/years in jail, and after that, you deserve
           | a chance to live a life without ongoing punishment. Beyond
           | knowing what you did, and remembering the punishment, which
           | for most people is already a burden heavy enough.
        
             | andrepd wrote:
             | It's a bit disingenuous to argue "they shouldn't get life
             | without the possibility of parole" when in fact most of
             | this economic white-collar crime goes completely
             | unpunished, or at best gets a fine targeted at the company
             | and never at the individual people who committed the
             | crimes.
        
               | catgary wrote:
               | Most of these C-suite executives have more than enough
               | money to retire comfortably.
        
               | andrepd wrote:
               | Yep! So they need to go to jail, or the "punishment" is
               | moot.
               | 
               | Obviously fining you 5$ for stealing 100 is not gonna
               | work.
        
               | hnfong wrote:
               | This is more justification for banning people who got
               | rich by doing illegal things from holding positions of
               | power ever.
               | 
               | Not to punish per se, but to prevent them from doing more
               | harm to the public.
        
               | teiferer wrote:
               | To the contrary. I do find it a disingenuous argument to
               | say "most of this kind of crime goes unpunished, so the
               | cases we do punish, we have to punish for life".
               | 
               | The solution is not harder punishments for those that are
               | punished, but punishing more of them.
        
               | jacquesm wrote:
               | You're protesting a lot here.
        
               | teiferer wrote:
               | I do hate economic criminals just as much as everybody
               | else. But I also value honest arguments. The kind of
               | thing this reply of yours didn't provide.
        
               | hvb2 wrote:
               | Isn't that exactly how the criminal justice system works?
               | Because you know you're not going to catch all the
               | criminals you want the punishment to serve as a
               | deterrent?
               | 
               | Punishing more of them is easily said, when the crime is
               | much harder to prove than shoplifting for example. And
               | I'm skipping the fact that the shoplifter will be
               | represented by an overworked public defender while the
               | exec has a team of lawyers lined up that probably are
               | payed by the company that got richer off illegal behavior
        
               | teiferer wrote:
               | > Isn't that exactly how the criminal justice system
               | works?
               | 
               | No, it's not. We don't catch everybody guilty of petty
               | theft, but those we do catch still don't end up in prison
               | for life.
               | 
               | There was a time when we chopped their right hand off,
               | but I'm glad those days are behind us.
               | 
               | (Reading many of the reactions here though, we are just a
               | thin layer of judges away from mob rule.)
        
               | marcosdumay wrote:
               | What is disingenuous is claiming that putting a crazy
               | punishment on the paper will change anything when
               | absolutely nobody gets caught.
               | 
               | If you tear apart whatever guarantees human rights exist
               | on your places just so your can impose unreasonable
               | punishment to nobody, then don't act surprised when
               | somebody else uses it against real people you sympathize
               | with. (And yeah, if you are from the US or some other
               | place where lifelong punishment is common, you should be
               | fighting to fix this, not to add support to it.)
               | 
               | On the other hand, you could be pushing for those people
               | being punished at all, by reasonable crimes that your law
               | probably already recognizes or that could be added
               | without rotting your society. But yeah, maybe that's too
               | much.
        
             | flir wrote:
             | Being struck off by professional organisations is a thing,
             | though.
             | 
             | On the one hand I don't want the bar to this discipline
             | raised. On the other hand, I don't want people like us
             | (metaphorically) building bridges that tip every two
             | hundredth car into the river.
        
               | teiferer wrote:
               | Of course not. But 10 years later, rehabilitation could
               | be in the cards?
        
               | jacquesm wrote:
               | Depends on what you did. In this case: no way. You can
               | fuck right off and you should never be in charge of a
               | company again.
        
             | Xelbair wrote:
             | Punishment should match the crime, to both rehabilitate and
             | be preventative.
             | 
             | White collar crime gets basically no punishment, and
             | looking at career of those people they usually end up
             | falling upwards.
             | 
             | For such cases banning them from being in a management
             | position for X years would be a nice discouragement.
        
               | pbhjpbhj wrote:
               | I wouldn't ban them from management, just garnish their
               | wages so they can only earn minimum wage (or minimum
               | living wage). Also, no property ownership beyond a single
               | home.
        
               | dylan604 wrote:
               | Without punishment, there's not much incentive for
               | rehabilitation. Why stop/change/repent instead of just
               | continuing?
        
             | watwut wrote:
             | Being forced to change the profession is not the same as
             | being in jail forever or being unable employable forever.
             | 
             | > Beyond knowing what you did, and remembering the
             | punishment, which for most people is already a burden heavy
             | enough.
             | 
             | Like, seriously? These people do not feel bad, there is no
             | heavy burden. They are proud of how they earned money, feel
             | like any prosecution is grave injustice and would do it
             | again.
             | 
             | Widely immoral people, whether in politics or business,
             | dont feel sorry for who they are. They made those decisions
             | because there was no moral dilema for them.
        
               | LeifCarrotson wrote:
               | They are proud _that_ they earned money, the how
               | (positive or negative) is completely immaterial.
               | 
               | Others who want to earn money and are likewise ambivalent
               | about the means will see a felony conviction for causing
               | grievous public harm in the pursuit of giant piles of
               | money as an endorsement and hire the "reformed" exec at
               | the first opportunity.
        
             | jacquesm wrote:
             | Sorry, but in this case I think 'lifetime' is very much
             | appropriate. It's not like they're being sent to the
             | electric chair. They were systematically ripping people off
             | on what matters most to a person: their health. There is a
             | good chance people died as a result of this. And since
             | hardly any of these crooks _ever_ goes to jail (but instead
             | they get to do it again somewhere else) having their name
             | out in the open _for ever_ is very much appropriate.
        
             | Loughla wrote:
             | That's just false though. For poor people, if you have a
             | conviction, it follows you forever and impacts your life
             | negatively in a multitude of ways.
        
               | askonomm wrote:
               | Depends where you are, I guess. In a prison-first
               | rehabilitation-last country like USA, yes. In EU, many
               | countries will close your criminal record after some
               | years (7 in Estonia) at which point nobody other than law
               | enforcement itself can see that you have a record. Not to
               | mention that even if the crime you did was fairly recent,
               | no company has the ability to check your background
               | without your permission, and even then it is not
               | something that is being done in the vast majority of
               | places.
               | 
               | In other words, once you've carried out your sentence, in
               | 99% of the cases it's done and behind you, and you can go
               | on living a normal life without anyone else needing to
               | know.
        
               | pbhjpbhj wrote:
               | But if you're restarting your life after serving a
               | sentence, if you're poor it will be very hard. If you
               | have wealth you probably can easily put your crime behind
               | you.
        
               | xhkkffbf wrote:
               | This is what people always say, but it sure seems like
               | that guy was able to get a job as School Superintendent
               | in Iowa. His past didn't get in the way of actually
               | getting the job. It was only when ICE showed up that
               | people noticed.
        
               | asacrowflies wrote:
               | What horrible crime did that guy commit "firearm charge"
               | you mean being told to put a hunting gun in the car then
               | instantly ticketed for "improper storage" by a racist
               | ranger? The horror.... So glad we got that one /s
        
               | Loughla wrote:
               | Yes if you lie about your past, you can do those things.
               | Correct.
               | 
               | Not sure how that's relevant.
        
             | 1718627440 wrote:
             | That's true. We judge people to be guilty and then they get
             | a punishment. But after the punishment they have payed back
             | their guilt and are now not guilty anymore, that's kind of
             | the deal.
        
             | Spooky23 wrote:
             | If you commit any number of stupid or criminal acts, you
             | are legally blacklisted from the financial industry for
             | life.
        
               | pbhjpbhj wrote:
               | Should be unable to be a politician, or take part in the
               | political process beyond voting (eg party donations),
               | too.
        
               | Chris2048 wrote:
               | which would incentivise politically motivated charges for
               | opponents.
        
             | f1shy wrote:
             | I think this have to ve public Information, giving the
             | right to decide to the next employer. You may employ them,
             | other people may not. I would at least ask some questions.
        
             | mystraline wrote:
             | An 18 year old (HS senior) and a 15 year old (HS sophomore)
             | can have sex together and thats a statutory rape charge
             | that will follow you the rest of your life.
             | 
             | And say its 2 17 year olds, and you take nude pictures to
             | send to your partner. Now, having sex is legal here, but a
             | picture? Thats possessing 'child sexual assault imagery'.
             | Nobody would think 17 year olds are 'children'. Even the
             | law routinely charges them as adults.
             | 
             | And getting a felony at all follows you around, unless you
             | can pay the danegeld to have it removed. Of course, staying
             | clean isn't sufficient. Paying $10k or more is.
        
             | whatshisface wrote:
             | You can't count the years you evaded law enforcement as
             | time served during the sentencing process.
        
             | bill_joy_fanboy wrote:
             | Well, that's nice that you feel that way. But, you don't
             | get to decide what people "deserve" or what "should"
             | happen.
             | 
             | I happen to disagree. I think these crimes (and many
             | others) should follow you more or less permanently.
             | 
             | My opinions on what "should" be the case have just as much
             | validity as yours.
             | 
             | Please be self aware when you are making baseless moral
             | claims.
        
               | teiferer wrote:
               | I don't think I wrote anything about the validity of
               | other opinions. I have mine, you have yours, that's fine.
               | 
               | A bit of self-awareness would suit yourself well. I
               | didn't make any moral clas, baseless or not.
        
             | iwontberude wrote:
             | Yeah no, sociopathy isn't something that ever goes away
             | after someone becomes her age.
        
               | teiferer wrote:
               | It's not? Are you a neuroscientist and/or have evidence
               | for that claim? Then we can talk, I'm interested.
               | 
               | Or do you just claim this because that's your gut
               | feeling?
        
               | iwontberude wrote:
               | History is the best teacher
        
             | furyofantares wrote:
             | > These are rare cases for the absolutely worst crimes.
             | 
             | If "targeting insurance policies of women with breast
             | cancer for cancellation, using any pretext" is accurate -
             | I'm curious how that compares to the absolutely worst
             | crimes to you.
        
             | xbar wrote:
             | Personal accountability with consequences that make fraud
             | unpalatable means setting a high bar on white collar crime.
             | 
             | If you are saying that twentysomething founders should not
             | be held accountable for the mistakes of their "youth," then
             | you might be inclined hold the investors personally
             | accountable for funding them--similar to parents being
             | liable for their teenagers' driving mishaps.
             | 
             | I am disinclined to believe that Javice and his ilk are
             | very much corrected by the Department of Corrections or
             | later life experiences.
        
           | nurettin wrote:
           | CIOs simply manage the IT budget and technology to be used.
           | They don't necessarily have to be present for company policy
           | planning.
        
           | ChrisMarshallNY wrote:
           | Same thing happened to patients with AIDS, in the 1990s. It
           | was disgusting. May still be going on.
           | 
           | People don't really care about drug addicts and gay folks,
           | though (there's a fairly significant number of folks that
           | think they "deserve" it), so it didn't get as much attention.
        
         | peterpeppers wrote:
         | In the 2010s, we had a similar situation but it wasn't illegal.
         | 
         | I used to work for a large drug distributor both pre and during
         | the opioid epidemic.
         | 
         | At the time (pre-SUPPORT Act), distributors weren't required to
         | notify the DEA about anomalous ordering so we didn't provide
         | data to law enforcement unless they sent a subpoena.
         | 
         | To increase profits, we identified our best customers of
         | opioids and updated our inventory tracking system to send
         | rebates and early warning notifications to providers so they'd
         | buy more earlier.
         | 
         | Each provider has a sales rep (territory) mapped so we could
         | figure out bonuses easily.
         | 
         | We the software engineering team were paid well for it, but not
         | as much as the sales reps who got a percentage of the buy.
        
           | gregoryl wrote:
           | It really seems like you have effectively caused the deaths
           | of many people through your actions. Does that have a
           | lingering impact on you?
        
             | globalise83 wrote:
             | "We the software engineering team were paid well for it"
        
             | aydyn wrote:
             | Considering he just admitted it on public forum, Ima guess
             | no.
        
               | gregoryl wrote:
               | I was hoping to get some insight/context into how they
               | actually feel about it, rather than guessing. You can
               | certainly come to peace with a past decision, change your
               | opinion later etc etc.
        
             | immibis wrote:
             | I think it's still controversial whether manufacturers of
             | substances are morally culpable for the result of people
             | wrongly using them. And while you could hold the marketing
             | or executive team accountable for trying to get people
             | addicted to heroin, I'm not sure the same applies to
             | programmers of an inventory tracking system?
        
               | mtlmtlmtlmtl wrote:
               | Controversial in general, maybe. In the case of opioids
               | and the pharm industry, absolutely not. It's been well
               | documented at this point that pharm companies were well
               | aware of the abuse, and not only did nothing to stop it,
               | but went out of their way to encourage it because sales
               | were going through the roof.
               | 
               | In the case of Purdue and oxycontin, the culpability has
               | in fact been established in court as well.
               | 
               | As for the coders, I find it hard to believe that they
               | were so ignorant, naive, or unintelligent that they had
               | absolutely no idea what was going on. I just don't buy
               | it.
        
               | walleeee wrote:
               | Regardless whether the rest of society finds the
               | programmers responsible, the integrity of that society
               | depends upon programmers in such situations holding
               | themselves accountable. Apparatchik or moral agent? That
               | choice remains ours.
        
             | PantaloonFlames wrote:
             | Judging actions taken at the time with the benefit of what
             | we know now, is not a fair way to assess.
             | 
             | Sure we could say it was obvious they were pushing lots of
             | pills. But this was a legal product.
             | 
             | Someone working for an NFL team trying to sell tickets , or
             | for Starbucks trying to promote frappucinos, ... these
             | actions seem fine. We know the risks, but we acknowledge
             | and move on.
             | 
             | But if it turns out that new data, 3 years from now, shows
             | some huge uptick in head injuries among college players. Or
             | high school. And we can attribute this to the influence of
             | pro leagues, well.... The actions of the people
             | participating in the enterprise now get considered in a
             | different light.
             | 
             | Or if we gain new (as if we need it) data on the impact of
             | sugar and caffeine on young people, then people who work
             | for Starbucks or McDonald's or basically any prepared food
             | business, ... we will judge them differently ?
             | 
             | People who decided to put lead additives in motor fuel had
             | no idea that they would be causing brain disorders ,
             | generations down the road.
             | 
             | What do we do then? Refuse to take any action for fear of
             | some possible future negative impact ?
             | 
             | It's not appropriate to judge this way. We learn as we go,
             | and we can say "if we knew then, what we know now..." but
             | it's not clear in the moment. A difficult line to draw.
        
               | fragmede wrote:
               | > People who decided to put lead additives in motor fuel
               | had no idea that they would be causing brain disorders ,
               | generations down the road.
               | 
               | In that case, they totally did. The people who pushed
               | leaded gasoline knew it was dangerous, but they did it
               | anyway! By the 1920s-30s, it was already well known in
               | medicine that lead caused neurological damage, especially
               | in children. Workers at DuPont and Standard Oil plants
               | developed hallucinations, seizures, and many died. What's
               | abhorrent was where industry executives and some
               | government allies downplayed or suppressed evidence of
               | the harms.
        
           | mtlmtlmtlmtl wrote:
           | How do you live with yourself?
        
             | comprev wrote:
             | How is it any different from working at a gambling company
             | writing addictive software?
             | 
             | There will always be someone willing to do the work if the
             | pay is good enough.
        
               | stavros wrote:
               | It's a very smooth gradient from optimizing a sales
               | funnel to writing gambling software. I don't know where
               | the line is, but in both cases you're exploiting human
               | psychology to make more money.
        
               | nekusar wrote:
               | Absolutely is.
               | 
               | And its also why some of the anarchist folks I hang out
               | with say there's no ethical consumption under capitalism.
               | And definitely in areas, they're completely correct.
        
               | watwut wrote:
               | It is not much different. I would not worked for gambling
               | company either. In fact, gambling companies have to pay
               | more (and do, there are open positions) because their
               | pool of potential employees is smaller.
               | 
               | The exact same question can be asked to developers who
               | help target gamblers with attempts to push them deeper
               | into addiction.
        
               | mtlmtlmtlmtl wrote:
               | The question was how GP felt about their particular
               | unethical act, and it's consequences which likely
               | includes multiple deaths. Since you are not GP, it seems
               | unlikely that you can answer this question.
               | 
               | I fail to see the relevance of bringing up a different,
               | and also unethical example, but I'll answer anyway. If GP
               | said that they used to spend their time optimising
               | software to be as addictive as possible in order to drive
               | people into gambling addiction, destroying their lives
               | and taking all their money while doing it, I would ask
               | the same question.
        
               | IshKebab wrote:
               | It's probably slightly worse because opioids actually
               | kill people whereas gambling just financially ruins them
               | (which can lead to suicide, but still I know which I
               | would pick).
               | 
               | But it's only a slight difference. I don't think people
               | who work at predatory apps/gambling systems should be
               | able to sleep at night either. Not _all_ gambling though;
               | I don 't have any objection to occasional sports betting
               | for example.
               | 
               | But if you work for one of those pay-to-win apps and find
               | some customers are spending thousands of dollars on it
               | (whales), you know you're being immoral.
        
               | deaux wrote:
               | How is it different from smuggling fentanyl or taking
               | hostages for ransom?
               | 
               | There will always be someone willing to do the work if
               | the pay is good enough.
               | 
               | The former almost certainly causes much less societal
               | damage than working for a pharma company that strives to
               | get the whole population addicted to opioids, due to the
               | scale constraints that come with running an underground
               | business vs. an "above board" one.
               | 
               | Why do you think that gambling companies pay above the
               | industry average for the required skillset?
               | 
               | Because luckily there are many other people with me who
               | won't work for them, so they have a smaller pool of
               | candidates and need to pay more.
        
             | cebert wrote:
             | If you think about it enough, most industries are doing
             | terrible things. Work for an auto company? Thanks for the
             | CO2 emissions accelerating climate change. Work for a
             | consumer manufacturer? Thanks for the plastic waste choking
             | oceans and landfills. Defense contractors? Thanks for
             | enabling wars and killing innocents. Banks? Thanks for
             | enslaving folks to debt and perpetuating economic
             | inequality. Tech giants? Thanks for surveilling billions
             | and eroding privacy on a massive scale. Social media
             | platforms? Thanks for amplifying misinformation and fueling
             | mental health crises. Fast fashion? Thanks for exploiting
             | sweatshop labor and polluting waterways with toxic dyes.
             | Pharma companies? Thanks for price-gouging drugs and
             | prioritizing profits over access. Oil and gas? Thanks for
             | fracking communities into environmental ruin and lobbying
             | against renewables.
             | 
             | Almost everyone is contributing to terrible activities.
             | Just different degrees of bad.
        
               | deaux wrote:
               | What is your point, besides potentially making yourself
               | feel better about your industry? Those "different
               | degrees" are what it's all about. They're the whole
               | point.
               | 
               | Yes, voluntarily working in an industry where that
               | "degree" is undeniably magnitudes higher than average
               | just for personal gain, does make you quite the awful
               | human. And "helping maximize the number of pills pushed
               | to confirmed opioid addicts" is indeed a large number of
               | standard deviations of "terrible" removed from the work
               | the average person does.
               | 
               | Yup, working on recommender sysrems at places like Meta
               | is also quite high up there. Luckily the number of people
               | who do this kind of work is minuscule when taken as part
               | of the global population. Even more luckily, thousands of
               | people on HN alone will forego such jobs even if it means
               | earning less. I've done so myself.
        
             | cheraderama wrote:
             | I guess in the same way as people working for MS, Google,
             | FB, Palantir and other genocide enjoyers.
        
           | randycupertino wrote:
           | I worked at a health care tech company in Silicon Valley that
           | actively defrauded medicare. When the medicare inspectors
           | came the owner's daughters had a bunch of their friends from
           | college (who didn't work there) sit at computers and pretend
           | to be working, then they told the inspectors all these random
           | people were registered nurses and full-time employees who
           | were helping patients (and thus being billed for). It was a
           | total sham.
           | 
           | I reported it and quit but they managed to stay in business
           | and keep getting government contracts.
           | 
           | One of the disgruntled doctors from that company made a whole
           | website about some of their fraud:
           | https://hiller.whitecollarcrooks.com/
           | 
           | They also bragged to us about how one of their daughters was
           | dating a Glassdoor exec and had him take down all their bad
           | reviews.
        
           | yard2010 wrote:
           | It's so funny af that when people from the hood are doing it
           | they get locked up or worse, and when business people do it
           | they might as well be the president.
           | 
           | I guess there are some differences though. When a new pusher
           | shows up in your territory you sue him, not going for a drive
           | by.
        
         | globular-toast wrote:
         | > This required a lot of business analysis and software
         | development - and people had to realize what this code was
         | doing
         | 
         | Too many people are trained to not rock the boat and not ask
         | questions. I'm always "that guy" in pretty much every meeting
         | I'm in. Some people like me, but many don't. It's tough. On the
         | occasions that all my questions are already answered or I have
         | nothing more to say it's obvious how relieved people are. It
         | would be so easy to just be a yes man and please people all the
         | time, but I just can't. It's easy to see how selecting for
         | people who aren't like me would lead to an organisation that is
         | essentially psychopathic.
        
         | andrepd wrote:
         | Whistleblower protections need to be steel-solid. Then maybe
         | just 1 person with a spine might be enough to get the story to
         | the press and/or prosecutors.
        
         | nodesocket wrote:
         | Seems to be a trend of Women (especially the 30 under 30) in
         | tech being especially fraudy.
        
       | rossdavidh wrote:
       | Having worked as a programmer for twenty years, most of that as a
       | contractor (hence a different employer about once a year), I have
       | never been asked to do anything illegal. This isn't said to mean
       | no one is, but rather that, if you are asked to do something
       | illegal, it is weird. It isn't the normal, messed up capitalist
       | system, it isn't typical bureaucratic nonsense, it isn't the
       | imperfect state of the world we live in. Most companies don't ask
       | their programmers to do something illegal.
       | 
       | Therefore, if you are, you should leave that company, pronto.
       | They're weird and probably desperate, and it is likely to get
       | even worse. It's not normal. Get out, quickly.
        
         | Spivak wrote:
         | Unethical, morally questionable, in poor taste, impolite,
         | unprofessional, or underhanded is pretty normal and you can
         | find it in every job in every industry and you might not even
         | realize without the benefit of hindsight that what you did was
         | any of those things. But illegal _feels_ different when it
         | happens, even if you don 't know exactly the law something will
         | be off. You'll be apprehensive in a way you weren't before,
         | people around you will act different, this little pit of
         | anxiety will form in your stomach even if you haven't done it
         | yet.
        
         | heisenbit wrote:
         | Companies usually do not ask but powerful charismatic
         | individuals close to the top do.
        
       | stack_framer wrote:
       | I worked at NS8 in 2020 for just four months before it collapsed
       | and the CEO was arrested for defrauding investors of
       | $123,000,000. Just a few months ago, I got a modest payout due to
       | a lawsuit over NS8 laying off almost everyone with just three
       | days notice. It was very stressful to be without a job in the
       | middle of Covid!
        
       | neilv wrote:
       | > _The smart thing would have been to do #1. [Talk to a lawyer on
       | how to avoid assisting a crime] [...] Here 's what Singh did
       | instead: he asked for a personal meeting with Bankman-Fried and
       | confronted him about the missing funds._
       | 
       | If you're not sure something illegal is happening, you could do
       | both. The lawyer might tell you what questions to get answered,
       | to inform what you do next.
       | 
       | (But don't do talk to anyone at the company if you think there is
       | any risk that they will try to neutralize you as a weak link.
       | "The coverup is worse than the crime" happens in organizations
       | with shitty people, and you might have just discovered an
       | especially shitty person.)
       | 
       | As an engineer, I once told a company that it was about to
       | accidentally do something that I suspected was seriously illegal.
       | They were able to prevent it from happening, in time. Problem
       | solved, no wrongdoing occurred, and no one had to quit, nor go to
       | federal prison.
       | 
       | Longer ago, I once told an organization about some bad things,
       | using the appropriate internal channels. And then I had to keep
       | going up the chain of command, when each level would suppress it,
       | and sometimes even retaliate. Which was a rare opportunity to
       | realize that an organization had infected its org chart with a
       | high degree of shittiness. I'm now a big fan of people consulting
       | a lawyer.
       | 
       | On another occasion, not necessarily "illegal" was averted, but
       | at least "big liability" was. I had reverse-engineered a
       | customer's security-related protocol, for an integration, and
       | found a grave vulnerability. (Critical info that must be inside
       | the cryptographic signature envelope, was outside of it, meaning
       | that an attacker could replay a captured message later, with
       | changed data.) To interoperate with the customer's system, I'd
       | need to implement the security thing in an unambiguously wrong
       | and insecure way. So I told the appropriate person on my end, and
       | thankfully they handled it well, and figured out how to break the
       | news to the customer.
       | 
       | That time, to be sure the appropriate person understood the
       | severity, I mentioned that, in a different engineering field
       | (including one in the application domain), I would "lose my
       | license or go to jail" for implementing that.
       | 
       | Occasionally, I briefly muse that our field could use the
       | obligations and authority of Professional Engineers. But moments
       | later, I realize that our field went too long without that, and I
       | can't imagine that being implemented with integrity at this
       | point.
        
       | thrown-0825-2 wrote:
       | Unionize?
        
         | jkaplowitz wrote:
         | Could help for some cases, but at least two of the three
         | examples in the article were engineering directors, who are
         | generally excluded from unionization rights in the US at least.
         | (Other countries vary in how low-level line managers are
         | treated by their employment laws, but the closer a manager gets
         | to the senior executive ranks, the less those employment laws
         | allow them to do anything akin to unionizing.)
        
       | gtsop wrote:
       | When ordered to do something that is clearly an illegal action,
       | you can just say no. However, in most situations your actions
       | won't be directly illegal, but aid someone else to illegal
       | actions.
       | 
       | Simply, deny to carry out the work UNLESS you are directly and
       | clearly instructed to by EMAIL. Oh, and be sure to make this
       | request by email as well, as a record. So send an email saying
       | "hey i was told to do that and i am concerned about the legality,
       | please give me clear instructions over email"
       | 
       | This will calm them down.
        
       | kotaKat wrote:
       | Slow news day? Did this really need a second chance pullback to
       | the front page?
        
       | notthatAIguy wrote:
       | wow, this was weird
        
       | jamesnorden wrote:
       | >To be fair, Singh didn't seen totally clueless, and it seems he
       | decided to profit on the developments. Days after he found about
       | this fraud, he took a $3.7M loan from FTX (!!) to buy a house
       | 
       | huh...
        
       | sgarland wrote:
       | The sub-linked legal document about Frank's synthetic data
       | generation was quite interesting, specifically how much
       | difficulty their hired consultant (a Data Science Professor) had
       | in creating it.
       | 
       | It can indeed be a tricky problem to do in a manner that's both
       | fast and accurate, but it's absolutely possible once you have the
       | right datasets, which aren't even that large. U.S. ZIP codes,
       | telephone area codes (with enough out-of-place ones to mimic
       | people who've moved and kept their cell phone number), common
       | names, and a word list will get you rows that look plausible.
       | Matching street addresses requires a much larger dataset, but
       | again, it's not impossible.
        
       | jeffrallen wrote:
       | Here's another thing to think about: if you are in IT ops, you
       | might have access to private data that could be requested,
       | without proper judicial review, by a three letter agency. When
       | you receive a National Security Letter with a gag rule attached,
       | how will you react? What action can you take that is both legal
       | and also ethical?
       | 
       | Because it is not just bosses that might try to pressure you into
       | taking unethical actions, it is also the state itself.
       | 
       | For my part, I have a plan, and I've told my boss enough to trust
       | him to read between the lines and revoke my access to make it
       | impossible for me to turn over customer data without a warrant.
        
         | noir_lord wrote:
         | Warrant Canary-like system?
         | 
         | Like "I hate the color purple, so if you ever see me in a
         | purple baseball cap..." or something similar?
        
           | jeffrallen wrote:
           | The problem with a NSL is that the gag rule is pretty
           | watertight. For example, "oops, I accidentally wrote my
           | password on a bathroom wall" is gonna land you in a world of
           | hurt.
           | 
           | You need to find a way to bring some of your other rights
           | into balance (and conflict with) those of the state, to bring
           | professionals who have a duty to protect your confidence to
           | your defense.
           | 
           | The power of the state is asymmetric warfare against an
           | individual, which is what they count on. You need leverage
           | from other competing lawful protections working on your side.
        
             | noir_lord wrote:
             | We have pretty much identical laws here (where here is UK)
             | - you can be forced to backdoor things, you can't tell the
             | customer and you can't tell anyone else in the company (not
             | sure if you are allowed to tell your manager).
             | 
             | There was a whole thing about it a while ago, gov said "we
             | are listening to your feedback" and then did it anyway.
             | 
             | Of course our system is actually worse in some ways -
             | forgotten a password, they don't believe you (parks and rec
             | style) "Believe it or not, straight to jail" (iirc it's a
             | max of two years).
        
             | deaux wrote:
             | You use parallel construction of course, that's how the
             | state itself does it after all.
        
       | dwedge wrote:
       | I honestly can't tell if the pragmatic engineer is a well
       | regarded site or they are just very good at promotion on LinkedIn
       | and hacker news. I suspect the latter but I'm getting more
       | curious
        
       | ngriffiths wrote:
       | It's funny how people's mindset shifts when they work for a
       | company versus independent contracting, but this is another case
       | (like salary negotiation) where it should be the same. If your
       | client asked you to do something illegal you'd be thinking about
       | liability and drop the client. If your employer does, you should
       | realize not only do they not have to protect you, it's probably
       | in their interest to turn around and blame it all on you!
        
       | bitbasher wrote:
       | Thousands of engineers aid companies in user surveillance and
       | tracking every day. Cyberstalking at scale.
        
       | monster_truck wrote:
       | While not explicitly illegal, I was building out part of a
       | product for an international company with a massive userbase
       | (hundreds of millions) and discovered a slight issue: their api
       | required no authentication, had no rate limiting, and an easily
       | discoverable request format. Anyone could make a simple request
       | with a handful of digits and get a complete history of that
       | product, revealing very intimate details about the users in every
       | aspect of their lives.
       | 
       | I don't get nervous easily but it made my stomach turn, my palms
       | started sweating. I told my boss, we told our boss, who went and
       | pulled the CEO out of a meeting. I was given signed documentation
       | on company letterhead that stated I raised the issue and also
       | detailed how our company had informed the customer, along with a
       | modest cash bonus and they bought me most of the furniture in my
       | house (no taxes!)
       | 
       | The company came back to us and said "we know, we built it like
       | that on purpose". Incredulous but reassured that both myself and
       | my employer were not facing any liability, I finished the product
       | and it shipped. Predictably this was exploited within a few years
       | and made national news when it was used against prominent
       | political figures.
       | 
       | There are still no legal mechanisms in place to enforce any kind
       | of security for this class of product.
        
         | aorloff wrote:
         | Sounds like from a legal perspective, everyone covered their
         | bases.
         | 
         | I take it you are an Oak man, then ? [Harvey Keitel voice]
        
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