Judge Richard Posner: Privacy
Richard Posner is an influential legal theorist and author and currently a judge on the United States Court of Appeals for the Seventh Circuit. Posner attended Yale as an undergraduate, and was first in his class at Harvard Law School. Following his graduation from Harvard, Posner clerked for Justice William J. Brennan Jr.; he later worked as assistant to the Solicitor General of the United States. In 1969, Posner began teaching at the University of Chicago Law School, where he remains a Senior Lecturer to this day. In 1981, Posner was appointed to Seventh Circuit's Court of Appeals. Posner helped found the law and economics movement, which argues that the primary goal of law should be outcomes that are economically sensible and efficient rather than "just." Known for his eclectic mix of beliefs, Posner can't be pigeonholed as a liberal or a conservative: he has written that marijuana should be legalized and also that there are times when "torture should be used." Posner was the founding editor of the Journal of Legal Studies and (with Orley Ashenfelter) the American Law and Economics Review. Posner is the author of dozens of books, including Public Intellectuals, and The Problems of Jurisprudence, and How Judges Think, which was published in April 2008. His next book A Failure of Capitalism: The Crisis of '08 and the Descent into Depression will be released May 2009.
Question: Will there be a notion of privacy in the future?Richard Posner: No. I value my privacy as much as anyone. But I think as a social good, a social aspect, I think privacy is greatly overrated because privacy basically means concealment. People conceal things in order to fool other people about them. They want to appear healthier than they are, smarter, more honest and so forth. I mean I’m exaggerating some, but I think it’s very much a double-edged sword, from a social standpoint. That’s number one.
Number two, privacy is not one of those things that’s deeply ingrained in human nature. I think it’s very culturally specific. Obviously early man, early people had no privacy. They couldn’t afford it. It’s what economists call a superior good. The demand for it rises as people become wealthier because it has this instrumental value. You do want to control information about yourself. That will enable you to make advantageous transactions personally, professionally, and commercially with other people. But so as I said I don’t think it’s deeply ingrained in us. I think it’s culturally specific. And probably because it isn’t deeply ingrained, it turns out that people obviously, as I say, attach some value to privacy because it is nice to be able to conceal the bad things about yourself. But they don’t attach a lot of value to it, and that’s indicated by the behavior, the way we surrender our privacy for really small gains.
Like if you deal online, you reveal enormous information to the vendors. And then they exchange it among themselves. If the government wants it from them, they can get it easily. So with one click purchasing from Amazon, what that means is that you give Amazon all the information about your reading habits, and then they create a profile of you. So they just wanna sell you books. They’re not snooping; but they use this information to create a profile. So they’re basically creating a political or cultural profile of you. People turn out to be willing to surrender privacy for quite modest gains, like the convenience of one-click ordering.
Also, for example, medical records are increasingly being digitized. Well once they’re digitized, once something is digitized, it’s out there. Your privacy is lost. I’m not sure everybody realizes this, but digitized materials tend to serve, tend to be in sort of multiple copies on different servers and so forth.
But on the other hand, it’s a great convenience to have your medical records digitized. That's the inexorable trend – all your medical information, it won’t be completely public, but it will be accessible in a way that handwritten doctors’ notes are . . . are not.
And similarly with EZ Pass, your movements are recorded permanently.
And now Chicago, probably in New York – I know in the Wall Street area – and of course London most famously, are installing surveillance cameras in the lampposts basically. So people’s movements are traceable and they’re being observed.
And employees use their computers at work for all sorts of personal stuff. But that’s monitored by employers, or can be monitored by employers. They have no legally protected interest there.
So there’s some moves to create new privacy rights, but it’s overwhelmed by the convenience of surrendering your privacy. As I say, the fact that people surrender it for rather small gains is a sign they don’t really, or most people don’t really value it that much. Probably because it’s very much a relative kind of good. If everybody else is concealing a lot of information about themself, then you’d be kind of a fool to have it all hanging out, right? But as more and more people become transparent, that becomes kind of a social norm which you tend to conform to because people are very imitative of each other.
And then of course privacy can be very dangerous. Obviously if you’re a terrorist, privacy is enormously important. So the more we think of privacy as endangering us, that will reinforce these commercial incentives to surrender privacy.
But as I say, we lived for millennia with very low privacy. And you know people seemed to be able to cope with that quite well. So I wouldn’t regard it as a particular _______.
Recorded on: Nov 21, 2007.
Judge Posner believes that as a social good, privacy is overrated because it means people are able to conceal things.
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Are "humanized" pigs the future of medical research?
The U.S. Food and Drug Administration requires all new medicines to be tested in animals before use in people. Pigs make better medical research subjects than mice, because they are closer to humans in size, physiology and genetic makeup.
In recent years, our team at Iowa State University has found a way to make pigs an even closer stand-in for humans. We have successfully transferred components of the human immune system into pigs that lack a functional immune system. This breakthrough has the potential to accelerate medical research in many areas, including virus and vaccine research, as well as cancer and stem cell therapeutics.
Existing biomedical models
Severe Combined Immunodeficiency, or SCID, is a genetic condition that causes impaired development of the immune system. People can develop SCID, as dramatized in the 1976 movie “The Boy in the Plastic Bubble." Other animals can develop SCID, too, including mice.
Researchers in the 1980s recognized that SCID mice could be implanted with human immune cells for further study. Such mice are called “humanized" mice and have been optimized over the past 30 years to study many questions relevant to human health.
Mice are the most commonly used animal in biomedical research, but results from mice often do not translate well to human responses, thanks to differences in metabolism, size and divergent cell functions compared with people.
Nonhuman primates are also used for medical research and are certainly closer stand-ins for humans. But using them for this purpose raises numerous ethical considerations. With these concerns in mind, the National Institutes of Health retired most of its chimpanzees from biomedical research in 2013.
Alternative animal models are in demand.
Swine are a viable option for medical research because of their similarities to humans. And with their widespread commercial use, pigs are met with fewer ethical dilemmas than primates. Upwards of 100 million hogs are slaughtered each year for food in the U.S.
In 2012, groups at Iowa State University and Kansas State University, including Jack Dekkers, an expert in animal breeding and genetics, and Raymond Rowland, a specialist in animal diseases, serendipitously discovered a naturally occurring genetic mutation in pigs that caused SCID. We wondered if we could develop these pigs to create a new biomedical model.
Our group has worked for nearly a decade developing and optimizing SCID pigs for applications in biomedical research. In 2018, we achieved a twofold milestone when working with animal physiologist Jason Ross and his lab. Together we developed a more immunocompromised pig than the original SCID pig – and successfully humanized it, by transferring cultured human immune stem cells into the livers of developing piglets.
During early fetal development, immune cells develop within the liver, providing an opportunity to introduce human cells. We inject human immune stem cells into fetal pig livers using ultrasound imaging as a guide. As the pig fetus develops, the injected human immune stem cells begin to differentiate – or change into other kinds of cells – and spread through the pig's body. Once SCID piglets are born, we can detect human immune cells in their blood, liver, spleen and thymus gland. This humanization is what makes them so valuable for testing new medical treatments.
We have found that human ovarian tumors survive and grow in SCID pigs, giving us an opportunity to study ovarian cancer in a new way. Similarly, because human skin survives on SCID pigs, scientists may be able to develop new treatments for skin burns. Other research possibilities are numerous.
The ultraclean SCID pig biocontainment facility in Ames, Iowa. Adeline Boettcher, CC BY-SA
Pigs in a bubble
Since our pigs lack essential components of their immune system, they are extremely susceptible to infection and require special housing to help reduce exposure to pathogens.
SCID pigs are raised in bubble biocontainment facilities. Positive pressure rooms, which maintain a higher air pressure than the surrounding environment to keep pathogens out, are coupled with highly filtered air and water. All personnel are required to wear full personal protective equipment. We typically have anywhere from two to 15 SCID pigs and breeding animals at a given time. (Our breeding animals do not have SCID, but they are genetic carriers of the mutation, so their offspring may have SCID.)
As with any animal research, ethical considerations are always front and center. All our protocols are approved by Iowa State University's Institutional Animal Care and Use Committee and are in accordance with The National Institutes of Health's Guide for the Care and Use of Laboratory Animals.
Every day, twice a day, our pigs are checked by expert caretakers who monitor their health status and provide engagement. We have veterinarians on call. If any pigs fall ill, and drug or antibiotic intervention does not improve their condition, the animals are humanely euthanized.
Our goal is to continue optimizing our humanized SCID pigs so they can be more readily available for stem cell therapy testing, as well as research in other areas, including cancer. We hope the development of the SCID pig model will pave the way for advancements in therapeutic testing, with the long-term goal of improving human patient outcomes.
Adeline Boettcher earned her research-based Ph.D. working on the SCID project in 2019.
Satellite imagery can help better predict volcanic eruptions by monitoring changes in surface temperature near volcanoes.
- A recent study used data collected by NASA satellites to conduct a statistical analysis of surface temperatures near volcanoes that erupted from 2002 to 2019.
- The results showed that surface temperatures near volcanoes gradually increased in the months and years prior to eruptions.
- The method was able to detect potential eruptions that were not anticipated by other volcano monitoring methods, such as eruptions in Japan in 2014 and Chile in 2015.
How can modern technology help warn us of impending volcanic eruptions?
One promising answer may lie in satellite imagery. In a recent study published in Nature Geoscience, researchers used infrared data collected by NASA satellites to study the conditions near volcanoes in the months and years before they erupted.
The results revealed a pattern: Prior to eruptions, an unusually large amount of heat had been escaping through soil near volcanoes. This diffusion of subterranean heat — which is a byproduct of "large-scale thermal unrest" — could potentially represent a warning sign of future eruptions.
Conceptual model of large-scale thermal unrestCredit: Girona et al.
For the study, the researchers conducted a statistical analysis of changes in surface temperature near volcanoes, using data collected over 16.5 years by NASA's Terra and Aqua satellites. The results showed that eruptions tended to occur around the time when surface temperatures near the volcanoes peaked.
Eruptions were preceded by "subtle but significant long-term (years), large-scale (tens of square kilometres) increases in their radiant heat flux (up to ~1 °C in median radiant temperature)," the researchers wrote. After eruptions, surface temperatures reliably decreased, though the cool-down period took longer for bigger eruptions.
"Volcanoes can experience thermal unrest for several years before eruption," the researchers wrote. "This thermal unrest is dominated by a large-scale phenomenon operating over extensive areas of volcanic edifices, can be an early indicator of volcanic reactivation, can increase prior to different types of eruption and can be tracked through a statistical analysis of little-processed (that is, radiance or radiant temperature) satellite-based remote sensing data with high temporal resolution."
Temporal variations of target volcanoesCredit: Girona et al.
Although using satellites to monitor thermal unrest wouldn't enable scientists to make hyper-specific eruption predictions (like predicting the exact day), it could significantly improve prediction efforts. Seismologists and volcanologists currently use a range of techniques to forecast eruptions, including monitoring for gas emissions, ground deformation, and changes to nearby water channels, to name a few.
Still, none of these techniques have proven completely reliable, both because of the science and the practical barriers (e.g. funding) standing in the way of large-scale monitoring. In 2014, for example, Japan's Mount Ontake suddenly erupted, killing 63 people. It was the nation's deadliest eruption in nearly a century.
In the study, the researchers found that surface temperatures near Mount Ontake had been increasing in the two years prior to the eruption. To date, no other monitoring method has detected "well-defined" warning signs for the 2014 disaster, the researchers noted.
The researchers hope satellite-based infrared monitoring techniques, combined with existing methods, can improve prediction efforts for volcanic eruptions. Volcanic eruptions have killed about 2,000 people since 2000.
"Our findings can open new horizons to better constrain magma–hydrothermal interaction processes, especially when integrated with other datasets, allowing us to explore the thermal budget of volcanoes and anticipate eruptions that are very difficult to forecast through other geophysical/geochemical methods."
Certain water beetles can escape from frogs after being consumed.
- A Japanese scientist shows that some beetles can wiggle out of frog's butts after being eaten whole.
- The research suggests the beetle can get out in as little as 7 minutes.
- Most of the beetles swallowed in the experiment survived with no complications after being excreted.
In what is perhaps one of the weirdest experiments ever that comes from the category of "why did anyone need to know this?" scientists have proven that the Regimbartia attenuata beetle can climb out of a frog's butt after being eaten.
The research was carried out by Kobe University ecologist Shinji Sugiura. His team found that the majority of beetles swallowed by black-spotted pond frogs (Pelophylax nigromaculatus) used in their experiment managed to escape about 6 hours after and were perfectly fine.
"Here, I report active escape of the aquatic beetle R. attenuata from the vents of five frog species via the digestive tract," writes Sugiura in a new paper, adding "although adult beetles were easily eaten by frogs, 90 percent of swallowed beetles were excreted within six hours after being eaten and, surprisingly, were still alive."
One bug even got out in as little as 7 minutes.
Sugiura also tried putting wax on the legs of some of the beetles, preventing them from moving. These ones were not able to make it out alive, taking from 38 to 150 hours to be digested.
Naturally, as anyone would upon encountering such a story, you're wondering where's the video. Thankfully, the scientists recorded the proceedings:
The Regimbartia attenuata beetle can be found in the tropics, especially as pests in fish hatcheries. It's not the only kind of creature that can survive being swallowed. A recent study showed that snake eels are able to burrow out of the stomachs of fish using their sharp tails, only to become stuck, die, and be mummified in the gut cavity. Scientists are calling the beetle's ability the first documented "active prey escape." Usually, such travelers through the digestive tract have particular adaptations that make it possible for them to withstand extreme pH and lack of oxygen. The researchers think the beetle's trick is in inducing the frog to open a so-called "vent" controlled by the sphincter muscle.
"Individuals were always excreted head first from the frog vent, suggesting that R. attenuata stimulates the hind gut, urging the frog to defecate," explains Sugiura.
For more information, check out the study published in Current Biology.
The design of a classic video game yields insights on how to address global poverty.
- A new essay compares the power-up system in Mario Kart to feedback loops in real-life systems.
- Both try to provide targeted benefits to those who most need them.
- While games are simpler than reality, Mario's example makes the real-life cases easier to understand.
Poverty can be a self-sustaining cycle that might require an external influence to break it. A new paper published in Nature Sustainability and written by professor Andrew Bell of Boston University suggests that we could improve global anti-poverty and economic development systems by turning to an idea in a video game about a race car-driving Italian plumber.
A primer on Mario Kart
For those who have not played it, Mario Kart is a racing game starring Super Mario and other characters from the video game franchise that bears his name. Players race around tracks collecting power-ups that can directly help them, such as mushrooms that speed up their karts, or slow down other players, such as heat-seeking turtle shells that momentarily crash other karts.
The game is well known for having a mechanism known as "rubber-banding." Racers in the front of the pack get wimpy power-ups, like banana peels to slip up other karts, while those toward the back get stronger ones, like golden mushrooms that provide extra long speed boosts. The effect of this is that those in the back are pushed towards the center, and those in front don't get any boosts that would make catching them impossible.
If you're in last, you might get the help you need to make a last-minute break for the lead. If you're in first, you have to be on the lookout for these breakouts (and the ever-dreaded blue shells). The game remains competitive and fun.
Rubber-banding: A moral and economic lesson from Mario Kart
In the real world, we see rubber-banding used all the time. Welfare systems tend to provide more aid to those who need it than those who do not. Many of them are financed by progressive taxation, which is heavier on the well-off than the down-and-out. Some research suggests that these do work, as countries with lower levels of income inequality have higher social mobility levels.
It is a little more difficult to use rubber-banding in real life than in a video game, of course. While in the game, it is easy to decide who is doing well and who is not, things can be a little more muddled in reality. Furthermore, while those in a racing game are necessarily antagonistic to each other, real systems often strive to improve conditions for everybody or to reach common goals.
As Bell points out, rubber-banding can also be used to encourage sustainable, growth programs that help the poor other than welfare. They point out projects such as irrigation systems in Pakistan or Payments for Ecosystems Services (PES) schemes in Malawi, which utilize positive feedback loops to both provide aid to the poor and promote stable systems that benefit everyone.
Rubber-banding feedback loops in different systems. Mario Kart (a), irrigation systems in Pakistan (b), and PES operations in Malawi (c) are shown. Links between one better-off (blue) and one worse-off (red) individual are highlighted. Feedback in Mario Kart (a), designed to balance the racers, imprAndrew Bell/ Nature Sustainability
In the Malawi case, farmers were paid to practice conservation agriculture to reduce the amount of sediment from their farms flowing into a river. This immediately benefits hydroelectric producers and their customers but also provides real benefits to farmers in the long run as their soil doesn't erode. By providing an incentive to the farmers to conserve the soil, a virtuous cycle of conservation, soil improvement, and improved yields can begin.
While this loop differs from the rubber-banding in Mario, the game's approach can help illustrate the benefits of rubber-banding in achieving a more equitable world.
The task now, as Bell says in his paper, is to look at problems that exist and find out "what the golden mushroom might be."