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Asked to do something illegal at work? Here's what these software engineers did

blog.pragmaticengineer.com

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Re: Asked to do something illegal at work? Here's what these software engineers did

#51

Earlier quoted context omitted.

> 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 mora…

> 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.

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.

Re: Asked to do something illegal at work? Here's what these software engineers did

#52
post #27
post #3

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.

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.

The ACM has long had a code of ethics.

https://www.acm.org/code-of-ethics

Re: Asked to do something illegal at work? Here's what these software engineers did

#53
post #28
post #24

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…

> And crucially there is never some black and white issue. The three example given are quite black and white ...

I was just double billed by the third-party that Enterprise Rentals uses to handle tolls. Fraud? Incompetence? Is there a difference?

Re: Asked to do something illegal at work? Here's what these software engineers did

#54
post #50
post #32

> 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-3…

> 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 tru…

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 £1.5 million in costs, earlier this month, it was revealed that Vardy had been ordered to pay an additional £100,000, bringing the total to £1.6 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 £3m on account within 28 days, in respect of a likely eventual costs liability of over £6m.

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.

Re: Asked to do something illegal at work? Here's what these software engineers did

#55
post #46
post #32

> 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-3…

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.

That's a key component of some specific forms of US warrants.

Re: Asked to do something illegal at work? Here's what these software engineers did

#56
post #50
post #32

> 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-3…

> 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 tru…

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.

Re: Asked to do something illegal at work? Here's what these software engineers did

#57

Earlier quoted context omitted.

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 GENERA…

You should probably disclose this is your own book you're advertising.

AGGRESSIVE ADVERTISER

Re: Asked to do something illegal at work? Here's what these software engineers did

#58
post #28
post #24

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…

> And crucially there is never some black and white issue. The three example given are quite black and white ...

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 - 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 ".

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.

Re: Asked to do something illegal at work? Here's what these software engineers did

#59
post #27

Earlier quoted context omitted.

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.

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 developer…

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.

Re: Asked to do something illegal at work? Here's what these software engineers did

#60
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.

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