This is a question of ethics and ones moral compass.

Regards,
Scott

On Friday, September 18, 2015, Richard Pinion <rpin...@netscape.com> wrote:

> I understand the point you are making, that an employee is told
> to do something that they know is illegal or immoral, and they
> do it anyway.  Having worked for a non-profit health insurance
> company many, many years ago, I was often asked if we intentionally
> programmed the system to automatically reject a claim on first
> submission, regardless of whether the claim met all criteria for
> processing.  I was never asked to do that, nor was I aware of
> any such code within their claims processing system.  Yet, the
> public perspective was that the company did that.
>
> Not sure how that story fits into the discussion at hand, but
> it is late in the day, and I'm looking for ways to fill my time
> until "Miller" time.
>
>
>
> --- jba...@ngssallc.com <javascript:;> wrote:
>
> From:         "John P. Baker" <jba...@ngssallc.com <javascript:;>>
> To:           IBM-MAIN@LISTSERV.UA.EDU <javascript:;>
> Subject: Re: Volkswagen Programmed Vehicle to Deactivate Pollution Control
> Systems
> Date:         Fri, 18 Sep 2015 16:54:45 -0400
>
> Richard,
>
> I think that there is a big difference here in that the programming staff
> at Volkswagen, if the initial reports are accurate, could not reasonably
> not have known that what they were coding was in furtherance of a crime.
>
> John P. Baker
>
> -----Original Message-----
> From: IBM Mainframe Discussion List [mailto:IBM-MAIN@LISTSERV.UA.EDU
> <javascript:;>] On Behalf Of Richard Pinion
> Sent: Friday, September 18, 2015 4:30 PM
> To: IBM-MAIN@LISTSERV.UA.EDU <javascript:;>
> Subject: Re: Volkswagen Programmed Vehicle to Deactivate Pollution Control
> Systems
>
> As an employee of a company who deals with HIPPA controlled/protected
> data, I feel very uncomfortable knowing that I can be charged either with a
> civil or criminal violation in the event that HIPPA data, under my control,
> is accidentally lost or stolen.  And I am not talking about an intentional
> leak of protected patient information.  What really floored me this year,
> when I took the yearly HIPPA certification online class, was HIPPA is
> administered under the Office of Civil Rights.
>
> Regardless of my personal political theology, it makes me uncomfortable
> that if I offend a person or persons, the friendly neighborhood OCR
> representative could be asked to "look at" my activities as relating to
> HIPPA compliance.  I'm sure an unbiased and diligent OCR employee might
> uncover some violation(s) if they
> investigated long and hard enough.
>
> --- jba...@ngssallc.com <javascript:;> wrote:
>
> From:         "John P. Baker" <jba...@ngssallc.com <javascript:;>>
> To:           IBM-MAIN@LISTSERV.UA.EDU <javascript:;>
> Subject: Volkswagen Programmed Vehicle to Deactivate Pollution Control
> Systems
> Date:         Fri, 18 Sep 2015 15:56:34 -0400
>
>
> http://www.foxbusiness.com/industries/2015/09/18/epa-says-vw-intentionally-v
> iolates-clean-air-standards/?intcmp=hpbt1
>
> In the referenced article, it is being reported that Volkswagen had their
> programming staff intentionally program the computers controlling the
> pollution control systems on certain 2008-2015 Audi and Volkswagen diesel
> vehicles to activate the full pollution control systems ONLY when the
> vehicle was undergoing official emissions testing.  At all other times, the
> pollution control systems were inactive and the vehicles were putting out
> emissions as high as 40 times the legal limit.
>
> The company is facing $18 billion in fines.
>
> It is unclear whether the Volkswagen executives who directed the scheme
> will face criminal charges.
>
> It is also unclear whether the programming staff who wrote the code will
> face criminal charges.
>
> Even though this is not a mainframe issue, it is an issue that directly
> affects us and our industry.  Hackers are already a significant black eye.
> This is much worse.  It makes legitimate programmers look suspect.
>
> It raises the uncomfortable question of whether or not we can or should be
> held criminally liable if we are directed to code a program or a change to
> a program that we know would have the effect of violating the law and we
> then knowingly proceed to code that program or a change to a program.
>
> It has been suggested in the past that programmers should be licensed
> and/or bonded.
>
> I am not particularly fond of either idea.  However, I would like to hear
> what others think.
>
> John P. Baker
>
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