Tag Archives: Wikileaks

Man(ning) & Woman

A TransGender-Symbol Plain3

A TransGender-Symbol Plain3 (Photo credit: Wikipedia)

In a somewhat unusual turn of events, Private Bradley Manning claims that he identifies himself (or herself) as a woman named Chelsea Manning.  He has also expressed the desire to undergo gender re-assignment, beginning with hormone therapy. Given that I hold to a rather broad conception of liberty, I believe that Manning has the right to change his gender and that this is morally acceptable. In fact, if physically being a man is problematic for him, then he certainly should take steps to make his physicality match his conception of his identity. His body, his choice.

One rather obvious obstacle that Manning faces is a lengthy prison term for his role in leaking secrets to WikiLeaks. Being in prison, he most likely will lack the funds needed to pay for hormone therapy. Even if he had the funds, there is also the matter of whether or not the Army would provide such services. As it stands, the Army apparently does not provide such services.

Manning’s attorney, David Coombs, has asserted that if the state fails to provide Manning with the therapy, then he will try to force it to do so. Interestingly, Manning’s case is not unique. In Virginia, a prison refused to allow a prisoner to undergo gender reassignment surgery. In Massachusetts, a federal judge ordered the state to pay for a convicted murder’s sex change operation. These matters obviously raise some philosophical concerns.

As noted above, I believe that an individual should be free to change his or her sex. I base this on the principle that what concerns only the person is a matter in which the individual should have complete authority. So, if Manning wishes to change his sex to match his claimed gender, he should be allowed to do so. This is something I see as a negative liberty—that is, no one has the right to prevent Manning from exercising his liberty in this matter. However, I do not see this a positive liberty—that is, no one else has an obligation to provide Manning with the means of exercising this freedom. As such, if Manning has the funds to pay for the process, then the Army should allow him to do so. The same would also apply to civilian prisoners.

One obvious concern is that prisons are sex-segregated. As such a person who has a sex change would complicate matters. Obviously, a person with a sex change should not be kept locked up with those of his or her previous sex. However, there might be legitimate concerns about locking up the person with members of his/her new sex in terms of safety. However, it seems likely that such matters could be addressed with minimal problems. As such, as long as the prisoner can pay for her own operation, then this should be allowed.

The next point of concern is the matter of whether or not the state should pay for hormone therapy and sex-change operations. On the face of it, the answer would seem to be an obvious “no.” However, it does seem worth considering the matter a bit further.

In general, prisoners tend to lack financial resources to pay for their own medical treatment. After all, a typical prisoner will not have a significant source of legal income nor adequate savings to cover major medical expenses. Since letting a prisoner suffer or die simply because she lacks the means to pay for treatment would be wrong (the state has responsibility for those it incarcerates), it certainly seems acceptable for the state to pay for legitimate medical care for prisoners. As such, if a prisoner needs an appendix removed, it seems right for the state to take care of this rather than let the prisoner die. However, if a prisoner is displayed with her breast size and wants implants, then this is hardly a legitimate medical need and hence the state would not be obligated to pay for such surgery—even if the person’s self-image involved large breasts and the person was very upset about not having said breasts. Thus, the general principle would be that the state should provide legitimate and necessary medical care but is not obligated to provide all medical services that prisoners might want.

Assuming that the above is acceptable, the remaining question is whether or not hormone therapy and sex-change surgery are medically necessary procedures (on par with removing an infected appendix) or if they are not (on par with breast implants).

On the face of it, a person who believes that his gender does not match his physical sex is not in a dangerous medical situation. Being a man or a woman is not, it would certainly seem, a life or health threatening situation. Using the example of Private Manning, he will not become ill or die if he remains a man. As such, the state would seem to have no obligation to foot the bill for sex-change operations any more than it is obligated to pay for breast implants or tummy tucks. After all, one’s body not matching one’s self-image is not a serious medical condition.

However, it can be argued that such a situation is a legitimate and serious medical condition. That is, the person’s mental health depends on a sex-change as much as a person’s physical health might depend on having an infected appendix removed. As such, the state should pay for such procedures.

The obvious counter is that if the state is obligated to ensure that prisoners are not suffering from factors that would negatively impact their mental health, then it would seem to follow that the prisoners should not be in prison. After all, prison is intended to be a place of punishment and that is supposed to cause mental duress.

Another obvious counter is that a person who believes their gender does not match her physical sex might be suffering some duress, but it seems odd to claim that this suffering creates a medically necessary situation. That is, that the person must have her sex changed in order to be in good enough health to serve her punishment sentence in prison.

I will freely admit that I do not know the extent of the suffering a person who believes that her sex does not match her gender might experience. If it is the case that this is a medically serious situation that creates a medical necessity on par with other conditions that the state treats, then the state should treat that condition. However, this does not seem to be the case. Thus, while a person has every right to change his sex, there seems to be no legitimate reason why the state should pay the bill for a prisoner to get a sex-change.

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Cyberbad

While most of the recent coverage of WikiLeaks has focused on Assange’s trial, an important bit of news is the alleged conflict between Bank of America and the organization.

WikiLeaks apparently has some documents that would be damaging to Bank of America. This is hardly surprising, given the sort of financial misdeeds that seem to have been business as usual for many of the big financial companies. Apparently the security company of HBGary Federal saw this as an opportunity and developed a rather nefarious plan that involved attempting to discredit WikiLeaks by submitting false information to the site, to expose those who have contributed to WikiLeaks and by launching attacks on journalists who have expressed sympathy for WikiLeaks. In addition to the security company, it also appears that the well connected law firm of Hunton & William and even the United States Justice Department were also involvedto some degree.

In response to this, Anonymous (a self-proclaimed defender of WikiLeaks) launched a counterattack on HBGary Federal and its head, Aaron Barr. Ironically, Anonymous was able to  hack the security company and revealed not only the plans in question but also such things as the fact that Barr’s wife intends to divorce him. They even revealed the name of his WoW character, a level 80 Night Elf Druid. That is certainly an interesting nerdtastic touch.

On the face of it, it seems that HBGary Federal and Barr reaped what they had sown. After all, by engaging in such activities and planning to engage what certainly seem to be unethical and even illegal activities, they appear to deserve to be exposed and even subject to punishment. Since the authorities appear to not be inclined to take action in regards to these activities,  it could be argued that this was a state of nature situation which justified Anonymous in taking action in its own defense and the defense of others. This could thus be seen as a falling nicely within John Locke’s theory regarding self defense and punishment in the state of nature.

It could, of course, be objected that Anonymous is in the wrong. After all, Anonymous launched some minor attacks against companies such as PayPal  for ceasing to do business with WikiLeaks. Also, WikiLeaks itself has engaged in activities that some consider unethical and illegal. On these assumptions, it could be thus argued that HBGary Federal was acting in an ethically acceptable manner by trying to stop wrongdoers and to protect  Bank of America and others from the danger posed by WikiLeaks and its allies. As such, HBGary Federal could be seen as acting as a vigilante. Of course, vigilantism might strike many as morally questionable so perhaps it is better to cast the company as acting within a cyber state of nature. In this state, the company has to act in ways that seem to go beyond the law because its chosen opponents (Anonymous, WikiLeaks, supporters, and journalist) are beyond the reach of the law.

The main and most obvious flaw in this objection is that while Anonymous and WikiLeaks have endeavored to remain outside of the reach of certain authorities, the authorities do have the means to impose their laws upon them. Even if they are regarded as criminals, they would thus still seem to be within the state of society and thus can legitimately expect to not be subject to unlawful action and vigilante style attacks. While it might be argued that Anonymous and WikiLeaks act as vigilantes and thus can be justly subject to vigilante attacks, this would be on par with arguing that criminals can be treated in criminal ways because they are criminals. It would also appear to be a case of a “two wrongs make a right” fallacy.

If Anonymous and WikiLeaks were, in fact, beyond the reach of the law and were engaged in wrongful acts, then a case could be made for vigilantism. After all, if the wronged parties had no recourse to the law, then they would seem to have the right (as per Locke) to seek to stop the wrongdoers and gain reparation for the damage done. However, this does not seem to be the case at all.

A second flaw is that the journalists that were supposed to be targeted were obviously not in a state of nature or beyond the law. If the journalists had acted in illegal ways, then they could be dealt with within the legal system. Naturally, it could be objected that since the journalists cannot be stopped via legal means, they must be stopped via what seem to be illegal (and what seem to be clearly unethical means) means. This objection would, of course, have some merit if the journalists were in the wrong and were being protected by unjust laws. However, this does not seem to be the case and the objection has no real merit. As such, it seems that a company was acting outside of the law and was hoisted by its own petard.

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Night thoughts on vigilantism

Suppose that you’re the American media, and you’re trying to make sense of the recent mass murder and attempted assassination in Arizona. There are many simple ways that you can try to come to terms with the event. And since you’re the American media, you are going to treat the process of explanation as if it were as easy as doing a multiple choice test. So the murders happened because a) Jared Loughner is crazy; or they happened because b) America’s crazy; or, c) We don’t know one way or another. Using the pencil provided, pick one (1) option that best fits your answer.

You can predict which answers people will give by asking them their party affiliation and political ideology. Partisan Democrats will point to SarahPAC‘s crosshairs. Ideological democrats will tend to be skeptical that we can tell a simple causal story that will explain these seemingly unexplainable acts. And Republicans will say: he was mentally incompetent, and had nothing to do with the right-wing regime.

Me? — I’d have a hard time filling out my Scantron sheet. Based on the evidence, it’s reasonable to think that Loughner is not mentally competent. But I don’t know if the alleged assassin is mentally competent — that’s one of the things that we’re going to have to find out. And I don’t know if the climate of hostility is responsible for the actions of someone who is not mentally competent, because I don’t know how you go about holding a culture responsible for anything. But that doesn’t mean that the culture of violence and vigilante justice didn’t help cause it.

That’s option d): all of the above.

~

While we may not know much about the details of the case, we certainly do know that post-9/11 politics is unhinged from reality. The right-wing noise machine is the vanguard of the American Tea Party movement. We also know that the vanguard of the Tea Party self-consciously attempts to goad people into violence against civilians. And we know that Loughner was influenced by the right-wing group American Renaissance. So if the right-wing vanguard has created a society that acts as an incubator for violent resentment, and if this culture gave an outlet for a disturbed mind, then it would be a plausible explanation for why Loughner’s actions took the form that they did.

I can hear some of you gentle readers bristling at one of these premises. You might think that it is very bold for someone to say, “so-and-so self-consciously attempts to goad people into violence”. Like Jon Stewart, you might shudder at any suggestion that there is a causal connection between the culture of vigilantism and Loughner’s attack.

But you have no right to bristle. There’s no reasonable doubt that their explicit intent is to legitimize violence against civilians. Consider these opinions about the fate of Wikileaks founder Julian Assange:

“I’d like to ask a simple question: Why isn’t Julian Assange dead? …Why wasn’t Assange garroted in his hotel room years ago? It’s a serious question.” Jonah Goldberg, National Review Online

“Julian Assange should be targeted like the Taliban.”Sarah Palin

“This fellow Anwar al-Awlaki – a joint U.S. citizen hiding out in Yemen – is on a ‘kill list’ [for inciting terrorism against the U.S.]. Mr. Assange should be put on the same list.”G Gordon Liddy, former Nixon advisor and ex-felon

And so on. That is their vision of justice. As a corporate whole, they think they’re The Punisher. The vanguard believes in do-it-yourself homicide, not law and order or due process. Vigilantism is a lynchpin of the Tea Party ethos.

Notice: I am not saying that the case of Julian Assange is identical to that of Gabrielle Giffords. Nor do I bring it up in order to suggest that Loughner was directly influenced by the right-wing vanguard — presumably, he has never met Palin in person, for instance. My point is that you can’t underestimate the causal role of a climate of violence. You might absolve the vanguard of responsibility for crimes committed by irrational actors — but you can hold the vanguard accountable for bringing about the culture.

vanguard1

~

To see what I’m arguing against, consider Brandon’s recent post (at the philosophy blog Siris). Brandon rightly calls for moderation and temperance by saying:

In cases like this it is important not to over-read the evidence. There is at present no evidence whatsoever linking Loughner to Sarah Palin, and no evidence whatsoever that Loughner was influenced by Palin’s crosshairs list (or, since it had become a popular device in the past three or four years, any of the many bullseye/crosshairs/target lists, Republican or Democrat, that predate Palin’s). There is at present, in fact, no clear association of Loughner with any political group… All these are rather elementary examples, and don’t require much more than basic critical thinking skills and a little research.

(Note: this was written before we found out that Loughner is associated with American Renaissance, so it’s not fair to criticize Brandon for not making that connection.)

The quoted paragraph includes a red herring. For, the way I see it, the “climate of violence” argument doesn’t depend on us knowing anything about Loughner’s “link” to Sarah Palin. A culture is a feature of populations, not just particular interacting persons. You don’t need to know the details about how a society connects specific people with other specific people in order to understand how the culture has had a predictable influence. You just need to establish that the person plays some role in the culture, and that the culture has certain features. By analogy, we will sometimes explain a case of the flu by saying, “there’s a flu going around” — we don’t bother going through the effort of naming the exact person who gave you the virus.

I find it puzzling that Brandon seems to want more evidence before we can offer responsible explanations on the basis of what we have. Our explanations will, of course, be revisable and tentative. And just because we say that the Tea Party helped cause these events, doesn’t mean we’re entitled to lay the blame on particular people. But we can sure blame particular people — the vanguard — for making the culture in the first place.

~

There is another possible objection. You might say that, even if the climate of violence played some role in Loughner’s crime, it would still not be Palin’s fault for producing that culture of violence. The idea is that there is some analogy between Palin’s role in the Tucson murders and Marilyn Manson’s role in the murders at Columbine. In the next post,  Some time soon, I’m going to show you how this analogy is completely off base.

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