Eavesdropping
The WSJ has a report on blogging vigilantism which begins with following anecdote:
Last month, Eva Burgess was eating breakfast at the Rose Cafe in Venice, Calif., when she remembered she needed to make an appointment with her eye doctor. So the New York theater director got on her cellphone and booked a date. Almost immediately, she started receiving "weird and creepy" calls directing her to a blog. There, under the posting "Eva Burgess Is Getting Glasses!" her name, cellphone number and other details mentioned in her call to the doctor's office were posted, along with the admonition, "next time, you might take your business outside." The offended blogger had been sitting next to Ms. Burgess in the cafe.
All I can say is: Yes. More than two years ago I posted this way of dealing with the coming scourge of cellphones on airplanes:
A self-help plan occurred to me a couple of weeks ago as I waited for a plane in the Indianapolis airport. Just across from me a guy filled the terminal with news of the accounting problems the university he worked for was having regarding a major gift, and how he was planning to deal with them. He was talking so loudly I could barely make out the details of the LLC operating agreement the guy down the row was drafting over the phone.
Here's my plan: do what you can to piece together the details of the conversation. Then ask the speaker some questions to fill in the blanks. If the speaker is annoyed, flustered and suddenly reticent, point out that you're curious enough to turn to Google for help with the rest. It would be nice if you could figure out your seatmate's name, from the conversation, briefcase, laptop screen, or whatever.
Know this: if you have a long, loud cell phone conversation near me, you will find whatever details I can glean from your conversation on my blog.
I'm a reasonable person. But let's face it: the need to converse with people by phone didn't increase exponentially with the invention of the cell phone. I understand that people rightly expect to be able to talk to each other in restaurants, airplanes and other public places. But the cell phone is a nuisance because it greatly multiplies the number of potential conversation partners at any given time.
Anyway, be warned.
I always reminded clients and associates that Abraham Lincoln practiced law without a word processor, a copier, a fax machine, computerized legal research, a cell phone, or even a car.
Posted by: Robert Schwartz | January 12, 2007 at 10:08 PM
Professor Ribstein:
While Apple apparently says it is “cooperating” with the investigation, we cannot necessarily assume it is. As a former criminal I learned that the “appearance of cooperation” is a tactic often used by felons to gain some semblance of credibility with the investigators while they cover their crimes. Have you ever heard the saying “keep your friends close and your enemies closer?”
What is particularly disturbing here is that Al Gore whose Democratic Party has benefited from Steve Jobs significant political contributions had a leading role in the investigation.
Even more troubling is the “official” explanation from Apple:
“Although the investigation found that CEO Steve Jobs was aware or recommended the selection of some favorable grant dates, he did not receive or financially benefit from these grants or appreciate the accounting implications. The Special Committee also found that the investigation had raised serious concerns regarding the actions of two former officers in connection with the accounting, recording and reporting of stock option grants.”
As a criminal I learned:
“When you cannot dispute the underlying facts, accept them as true but rationalize your actions. You are allowed to make mistakes as long as you have no wrongful intent. Being stupid is not a crime.”
Now, there is no dispute that Mr. Jobs is a great visionary for an even great company like Apple which makes many great products. Nobody wants to get rid of the guy who brings in the bread or makes their favorite toys.
However, this nation is based on the principle of law and the actions of Mr. Job’s and others at Apple require a thorough investigation by the SEC and Justice Department.
Yes, I agree that there ambitious people there too. However, no one is without sin. It also takes ambition to write blogs, be President, be a good parent, and do anything to succeed in our great society. May I say that Mr. Jobs, the individuals at Apple, and the Justice Department are all ambitious men?
If Mr. Jobs and others go through the full investigative process and they are found to have committed no wrong they will be better by it by removing this cloud once and for all.
If they dispute the findings of the process they have a right to a fair trial.
Unfortunately the time frame of investigating white collar crime does not fit in to the schedules of our 2 hour movie and video game culture. These investigations are complicated and take time.
If anyone at Apple is guilty of a crime get it over now because the process will consume you. It is better to put this situation behind you quickly and move on than to extend it.
To those who made "silly errors" your high stature and position put you under the microscope so stop crying baby. It comes with the territory.
To the rest of us, sit back, be patient, and watch this unfold.
Respectfully,
Sam E. Antar (former Crazy Eddie CFO & ex-felon)
PS: I lost money selling my Crazy Eddie stock and on my stock options.
Posted by: Sam E. Antar (former Crazy Eddie CFO & ex-felon) | January 13, 2007 at 06:04 AM