PERSPECTIVE: Is Algorithmic Transparency the Next Regulatory Frontier in Data Privacy?

by William J. Roberts, Catherine F. Intravia and Benjamin FrazziniKendrick  The U.S. House of Representatives Energy and Commerce subcommittee on Digital Commerce and Consumer Protection held a hearing last month on the use of computer algorithms and their impact on consumers.[1]  This was the latest in a series of recent efforts by a variety of organizations to explore and understand the ways in which computer algorithms are driving businesses’ and public agencies’ decision-making, and shaping the digital content we see online.[2]

In its simplest form, an algorithm is a mathematical formula, a series of steps for performing mathematical equations. The witness testimony and questions from the members of the Subcommittee highlighted a number of issues that businesses and government regulators are facing.

Bias and Discrimination

A variety of businesses use algorithms to make decisions, such as social media platforms determining what content to show users, and credit card companies deciding what interest rates to charge consumers. However, the algorithms may treat otherwise similarly-situated consumers differently based upon irrelevant or inappropriate criteria.[3] Examples of bias in these algorithms abound.

For example, research shows that credit card algorithms drive interest rates up for individuals who have entered marriage counseling. Advertisement algorithms have shown job advertisements in engineering to men more frequently than women.

Exploitation of Consumer Data – Hidden Databases and Machine Learning

One way in which businesses and other entities can exploit consumer information is by creating databases of consumers who exhibit certain online behaviors. For example, they can identify users who search for terms such as “sick” or “crying” as possibly being depressed and drive medication ads to them. Companies have been able to develop databases of impulse buyers or people susceptible to “vulnerability-based marketing” based on their online behavior.[5]

Further, the past few years have seen a huge growth in the use of “machine learning” algorithms.[6] The cutting edge of machine learning is the use of artificial neural networks, which are powering emerging technologies like self-driving cars and translation software. These algorithms, once set up, can function automatically. To work properly, however, they depend on the input of massive amounts of data, typically mined from consumers to “train” the algorithms.[7]

These algorithms allow companies to “draw predictions and inferences about our personal lives” from consumer data far beyond the face value of such data.[8] For example, a machine learning algorithm successfully identified the romantic partners of 55% of a group of social media users.[9] Others have successfully identified consumers’ political beliefs using data on their social media, search history, and online shopping activity.[10]  In other words, online users supply the data that allows machine learning algorithms to function, and businesses can use those same algorithms to gain disturbingly accurate insights into individuals’ private lives and drive content to users “to generate (or incite) certain emotional responses.”[11] Additionally, companies like Amazon use machine learning algorithms “to push customers to higher-priced products that come from preferred partners.”[12]

Concerns in Education

In the education context, the use of algorithms to drive decision-making about students raises concerns.[13] How the algorithms will affect and drive student learning is an open question. For example, will algorithms used to identify struggling pre-med students be used to develop interventions to assist those students, or used as a tool to divert students into other programs so that educational institutions can enhance statistical averages of applicants who are accepted to medical school?

Additionally, how will a teacher’s perception of a student’s ability to succeed be affected by algorithms that can identify students as being “at-risk” before the student even sets foot in class?[14]  The bias in algorithms could also affect the ability of students to access a wide variety of learning material. For example, university librarians have noted that algorithms they use to assist students with research suffer from inherent bias where searches for topics such as the LGBTQ community and Islam return results about mental illness.[15]

Transparency is also at issue. Should students and families be aware that educational institutions are basing decisions about students’ education and academic futures on algorithmic predictions? And, if students have a right to know about the use of algorithms, should they also be privy to how the specific institution’s algorithmic models work?

Finally, concern has grown over the extent to which algorithms, owned and operated by for-profit entities, may drive educational decisions better left to actual teachers.[16] Presumably, teachers are making decisions based on the students’ best interests, where algorithms owned by corporations may be making decisions to enhance the company profit. 

Future Issues for Consideration

Regulation in this area may be forthcoming. Already, the European Union’s General Data Protection Regulation (GDPR), for example, gives EU residents the ability to challenge decisions made by algorithms, such as a decision by an institution as to whether to deny a credit application.[17] New York City is considering a measure to require public agencies to publish the algorithms they use to allocate public resources, such as determining how many police officers should be stationed in each of the City’s departments.[18]

In the meantime, educational institutions in particular should carefully consider issues such as:

• Are companies using software to collect student data and build databases of their information?
• Which educational software or mobile applications in use by an institution are using machine learning algorithms to decide which content to show students?
• Should institutions obtain assurances from software vendors that their applications will not discriminate against students based on students’ inclusion in a protected class, such as race or gender?
• How will the educational institution address a bias or discrimination claim based on the use of a piece of educational software or mobile application?
• Is technology usurping or improperly influencing decision-making functions better left to teachers or other staff?

While no regulatory framework currently exists, educational institutions may find they are best able to proactively address algorithmic transparency while negotiating contracts for the use of educational technology.

In negotiating contracts with educational technology vendors, for example, education institutions may want to determine what algorithms the technology is using and whether student data the vendor is gathering from students will be used to train other machine learning models. Further, educational institutions may want to consider issues of bias in the algorithms and negotiate protections against future discrimination lawsuits if the algorithms consistently treat similarly situated students differently.

Ultimately, educational institutions will need to evaluate each piece of educational technology to understand how its built-in algorithms are influencing the data it collects and the information it presents to users.

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William Roberts is a partner in Shipman & Goodwin LLP’s Health Law Practice Group and is the Chair of the firm’s Privacy and Data Protection team.  Catherine Intravia focuses her practice at the firm on intellectual property, technology and information governance matters. Benjamin FrazziniKendrick is an associate in the firm’s School Law Practice Group, providing legal advice to public schools and other institutions in civil litigation, special education, and civil rights compliance.

Notes

[1] Algorithms: How Companies’ Decisions About Data and Content Impact Consumers: Hearing Before the H. Committee on Energy and Commerce, Subcommittee on Commc’n and Tech. and Subcommittee on Digital Commerce and Consumer Prot., 115th Cong. (2017) (hereinafter Algorithm Hearing), video and written testimony available at https://energycommerce.house.gov/hearings/algorithms-companies-decisions-data-content-impact-consumers/

[2] INT 1696-2017, 2017 Leg. (N.Y.C. Council 2017), available at http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=3137815&GUID=437A6A6D-62E1-47E2-9C42-461253F9C6D0; see also Dan Rosenblum, The Fight to Make New York City’s Complex Algorithmic Math Public, City and State New York (Nov. 27, 2017), http://cityandstateny.com/articles/politics/new-york-city/making-new-york-city-algorithms-public.html#.WiKktbQ-ccg.

[3] Algorithm Hearing, supra note 1, written statement of Dr. Catherine Tucker, Sloane Distinguished Professor of Management Science and Professor of Marketing, MIT Sloane School of Management at 3-4, available at http://docs.house.gov/meetings/IF/IF17/20171129/106659/HHRG-115-IF17-Wstate-TuckerC-20171129.pdf.

[5] Algorithm Hearing, supra note 1, written statement of Frank Pasquale, Professor of Law, University of Maryland at 10 (hereinafter Statement of Pasquale) (citing Latanya Sweeney, “Discrimination in Online Ad Delivery,” Communications of the ACM 56 (2013): 44, abstract available at https://cacm.acm.org/magazines/2013/5/163753-discrimination-in-online-ad-delivery/abstract).

[6] See generally Bernard Marr, A Short History of Machine Learning — Every Manager Should Read, Forbes (Feb. 19, 2016, 2:31 am), https://www.forbes.com/sites/bernardmarr/2016/02/19/a-short-history-of-machine-learning-every-manager-should-read/2/#6ed1622d6b1b; Erick Brynjolfsson and Andrew McAfee, What’s Driving the Machine Learning Explosion, Harvard Business Review (July. 18, 2017), https://hbr.org/2017/07/whats-driving-the-machine-learning-explosion.

[7] Algorithm Hearing, written statement of Michael Kearns Professor and National Center Chair, Department of Computer and Information Science, University of Pennsylvania at 1-2 (hereinafter Statement of Kearns), available at http://docs.house.gov/meetings/IF/IF17/20171129/106659/HHRG-115-IF17-Wstate-KearnsM-20171129.pdf

[8] Id. at 1.

[9] Id.

[10] Id. at 1-2

[11] Statement of Kearns, supra note 7, at 3-4.

[12] Statement of Pasquale, supra note 4, at 16.

[13] Learning From Algorithms: Who Controls AI in Higher Ed, and Why it Matters, EdSurge On Air, transcript and audio download available at https://www.edsurge.com/news/2017-11-14-learning-from-algorithms-who-controls-ai-in-higher-ed-and-why-it-matters-part-2.

[14] Statement of Pasquale, supra note 4, at 15.

[15] Id. at 16 (citing Matthew Reidsma, Algorithmic Bias in Library Discovery Systems, Matthew.Reidsrow.com (Mar. 11, 2016), https://matthew.reidsrow.com/articles/173).

[16]  Statement of Pasaqule, supra note 4, at 16 (citing Elana Zeide, The Structural Consequences of Big Data-Driven Education, 5 Big Data 164-172 (2017), abstract available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2991794)

[17]  Is Your Institution Ready for GDPR?

[18] Dan Rosenblum, The Fight to Make New York City’s Complex Algorithmic Math Public, City and State New York (Nov. 27, 2017).

PERSPECTIVE: Golden Years Require Golden Finances

by Valerie Dugan The so-called Golden Years are upon you, and along with the bittersweet knowledge that you no longer have to commute and toil on a regular schedule, there also are decisions to be made about how and where to retire, and what that means financially.

You have plenty of options regarding your future lifestyle, from simply staying in the home you have occupied during your working years, to hitting the road in a recreational vehicle, or heading straight to a retirement community where you will find a plethora of similar-minded compatriots to share your after-work years.

Deciding what type of retirement best fits your personality and lifestyle is a decision that is best made long before you actually retire. In order to ensure you have the resources to live a certain lifestyle after your working years, you should start planning while you still are in the early stages of your career.

The earlier you start saving for your retirement, the more money you will have to apply to your Golden Years lifestyle. There are numerous options for saving and investing that can give you what you need later on, and it always is wise to conduct research to establish the path that best fits your requirements.

When it comes to your living situation, there are several types of retirement communities which have their own styles, their own environments and their own costs. For instance, age-restricted communities are specifically geared toward persons aged 55 and older. Similarly, age-targeted communities are for those aged 55 and up, but younger people are also allowed to live there.

Continuing care retirement homes differ in the degree of medical care and services they offer. This option offers long-term agreements providing for housing, services and nursing care, all typically in one location.

There are many amenities available depending on the type of community the individual retiree prefers, and the more amenities that are offered, the more they cost. In addition to medical care, retirement communities can offer options ranging from active sports, such as golf courses, tennis courts and hiking trails, to organized social activities.

With so many options available, there are a number of financial considerations that should be kept in mind. Some retirement communities require that housing be purchased, while some offer the option of renting as well. Some require a “buy-in” with at least a portion returned if you should move out after a certain number of years.

This is a major decision for most retirees and should be carefully considered before signing a contract. If you envision extended travel in your future, and the possibility of being away for months at a time, it may make more sense to have the added flexibility associated with renting.

Before making a decision that could impact you for decades, you may want to consult a professional to ensure that your financial future can match your dreams with cold hard dollars. Future decisions to sell also should take into account the restricted market that accompanies a restricted community.

As you age, you may decide to make more use of the amenities offered by your retirement community than you required in earlier years. These can include meals, transportation, lawn care, housekeeping, emergency monitoring and security. Regardless of what level of involvement you decide you need, remember that everything you add also adds to your costs.

We also should consider that retirement communities have rules governing the daily activities of residents, and we should fully acquaint ourselves with them and how they will affect us personally before we sign a contract. If you own a pet or like to grill outside, you may be surprised to find that you are significantly restricted in those activities in some communities, and fines and penalties can be involved if the rules are violated.

And we should especially remember that making the best decisions on retirement involves not just our current physical condition, but how we will have aged a decade or more from now. Look to the future before signing something permanent in the present.

Retirement communities may sound similar, but that doesn't mean they are the same. Take the time to exercise due diligence in making decisions to ensure that you truly can live happily ever after.

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Valerie B. Dugan, CFP, is a Senior Vice President and Financial Advisor with the Global Wealth Management Division of Morgan Stanley in Hartford. For more information, she can be reached at 860-275-0779.

The information contained in this article is not a solicitation to purchase or sell investments. Any information presented is general in nature and not intended to provide individually tailored investment advice. The strategies and/or investments referenced may not be suitable for all investors as the appropriateness of a particular investment or strategy will depend on an investor's individual circumstances and objectives.  Investing involves risks and there is always the potential of losing money when you invest. The views expressed herein are those of the author and may not necessarily reflect the views of Morgan Stanley Wealth Management, or its affiliates. Morgan Stanley Smith Barney, LLC, member SIPC.

PERSPECTIVE: Celebrating the Bland but Influential People of Connecticut

by Christopher Hoffman Being from Connecticut is like being from Canada: nobody cares. The very idea of the place leaves people disoriented. Perhaps no other state in the Union is as colorless. Say Maine, and people think of lobsters and fishermen in long yellow slickers. Say California, and they think of giant redwoods and Hollywood. Say New Jersey, they think of toxic waste and eight-lane turnpikes. Say Connecticut, and people think . . . insurance?

On my last trip overseas, I offered to buy the Australians and Europeans I met a beer if they could tell me exactly where Connecticut is in the United States. In five months of travel, I never had to buy a single can or bottle of beer. Even Americans are confounded by Connecticut.

When you admit to being from Connecticut, people's faces go blank, and you can see them furiously rushing through the files in their minds trying to come up with something to say about the state. Texas (Boy, it's hot down there, huh?), Florida (Ever seen an alligator up close?), or even Iowa (Man, there's nothing out there!) are all easy. But Connecticut? Finally it hits them, the one thing about Connecticut that they know for certain: ''Everybody's rich back there, aren't they.''

In a democratic society like the United States, one does not like to be connected with anything that smacks even vaguely of inherited wealth or privilege. I immediately explain to people that most of that wealth is concentrated in the ''panhandle'' (Texas, Oklahoma, and Idaho all have panhandles. Why not Connecticut?), and that the rest of the state is filled with regular-guy, working-class towns. I usually get the feeling that they don't believe me.

What exactly are the people of Connecticut really like? They are solid, calculating, sober and, above all, practical. Extremes are very much frowned upon in the Nutmeg State. Nothing about us, after all, is extreme. The land is pretty, but nothing to knock your socks off. The winters are cold, but not too cold. The summers are hot, but not too hot. We have no floods, no earthquakes, no tornados, no truly dangerous snakes; only the occasional hurricane.

Most of all, though, Nutmeggers are tinkers, inventors and suppliers. We do not make history. We provide other people with whatever they need to make history. During the Revolution, Connecticut provided the Continental Army with so much material that George Washington nicknamed the state the Provisions State.

Charles Goodyear vulcanized rubber for the first time in Shelton in 1939, thereby making the future industrial use of rubber possible. Samuel Colt invented the Colt Peacemaker, gun that won the West, in Hartford. Igor Sikorsky, one of the fathers of the modern helicopter, set up his plant in Stratford.

By far the most famous of the Yankee inventors is Eli Whitney. Whitney put the first assembly line into production making muskets in Hamden in 1798. He also invented the cotton gin, thereby extending the life of slavery another 60 years. Nobody's perfect.

Politically, Connecticut Yankees are not leaders. But that does not necessarily mean that they are followers. Men burning with righteous passion from New York, Pennsylvania and Virginia wrote the Constitution, but it was the delegation from Connecticut that saved it.

The convention was deadlocked over how the individual states would be represented in the legislative branch of the Federal Government. The big states wanted representation based on population while the small states wanted each state to have an equal number of representatives regardless of size. The dispute threatened to break up the convention.

In stepped Roger Sherman and the Connecticut delegation. Level-headed, sober and practical, they proposed a compromise that would create a bicameral legislature in which each state would have two members regardless of size in one house and representation would be based on population in the other. The idea became known as the Connecticut Compromise. It carried the day and saved the Constitutional Convention.

This type of thinking continues to dominate Connecticut politics and government. Connecticut is often cited as one of the ''bellwether'' states of the union, but this is a little deceiving. True, Connecticut is decidedly more liberal than most other states, but it actually practices a very conservative form of liberalism.

We believe in trying new things, but only if they have worked somewhere else first. We would never be ones to experiment wildly because that would not be prudent, and we are above all prudent. We let other states (especially Massachusetts) start things. We watch, and, if it works and we like it, we try it. Right now, I am certain that our political leaders have a critical eye turned toward the state-wide health insurance plan being tried in Massachusetts. If it proves successful, I am sure that we will become ''one of the first in the nation'' to adopt a similar plan.

Many writers have lived in Connecticut, but only one has been a Connecticut Yankee to the core: Wallace Stevens. Stevens moved to Hartford in 1916 after taking a job with an insurance company. From that time until his death, he lived an odd double life, rising to become vice president of the company while composing some of the finest verse of his generation. His poetry was somber and sedate, much like his life, and much like the state in which he lived. He was a far cry from his well-known contemporary, the mighty Hemingway (an Illinois boy) who traveled the world, regularly shed and took on wives, shot big game in Africa and fished for huge marlin off the Florida Keys.

Actually, the two men did meet once under unusual circumstances. While Stevens was vacationing in Key West in 1936 (and far from the level-headed influence of Connecticut), he appeared at Hemingway's house wanting to fight. Stevens was a portly, graying, 56-year-old man at the time. Hemingway was 20 years younger and near the height of his pugilistic powers.

''Papa'' decked Stevens in the first round. Stevens went back to Hartford and continued to produce poetry to ever-increasing acclaim right up to his death at the age of 75. Hemingway drank away his health and his talent, and then blew his brains out with a shotgun when he was 61. Was Stevens a wimp? Maybe. But then again, look at how he ended up (happy, healthy, creative virtually to the end) compared with the macho-man Hemingway (physically and mentally ill, unable to write). Maybe it isn't so bad being a wimp after all.

Still, I cannot help but wonder what kind of a man Hemingway would have been if he had been born in Wethersfield instead of Oak Park. Perhaps Connecticut's calming influence would also have caused him to go into the insurance business. In that case, he might have called his first book ''The Premium Also Rises.''

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A somewhat lengthier version of this opinion piece was published in The New York Times nearly three decades ago, on September 4, 1988. How much about Connecticut has changed?  

Christopher Hoffman has gone on to a career as a news reporter, communications director and writer in Connecticut, working for the State Attorney General and New Haven Public Schools, and writing for the Hartford Courant, New Haven Register, Connecticut Magazine, Yale Medicine Magazine and the Columbia Journalism Review.  He is currently a freelance reporter and writer, and can be contacted at christophercarlhoffman@gmail.com. Abridged and published here with permission of the author.

PERSPECTIVE: The Hypocrisy of “Live and Let Live” or… When Did ‘Pile-On’ Become the Norm?

by Frances J. Trelease In my role as college lecturer, I often confer with students on global current events. After all, under our current president, stories of conflicts are as plentiful as the proverbial Horn of Plenty. And sometimes we look at how social media fans the flames of outrage between two sides.

But in a recent class, our goal was to highlight how public figures – political, athletic or celebrity – often handle themselves in a clumsy or obtuse manner.  We were to focus on mannerisms, more so than messages. But the talk quickly turned -- predictably so-- back to message. Also predictably… President Donald Trump took front and center stage.

Before I steered Trump policy talk back to the oafish and awkward (think the hilarity of George W. malapropisms, and Trump’s Twitter ‘covfefe’,) I read some of the indignations voiced by these intelligent, young adults. Their outrage was real. Here’s a sampling of what they railed against recently:

• A NY Times editorial penned by actress Mayim Bialik, who wrote of her own casting experiences in Hollywood, post-Harvey Weinstein. She was accused of insensitivity to other women, after saying she chose to dress conservatively to auditions.
• Comments by Carolina Panthers quarterback Cam Newton, who let slip with a chuckle, “It’s funny to hear a female talk about [wide receiver] routes.” (Better thought than vocalized? Sure. Deserving of the firestorm it ignited? Perhaps not.)
• and Heaven help ANYONE – on either side of the debate – who spoke their views on the NFL/anthem debate.

A good number of the comments my students reacted to were… dare I say… innocent off-the-cuff remarks. Not intended to wound or draw blood. Yet in most cases, the speakers in question faced unexpected and vociferous blow back.

The speakers apologized to their protestors, those who voiced indignation and anger, those who questioned their moral compass. They apologized to those who charged, “How dare you talk down a group I identify with? Don’t you know we’re all welcome in this great country of ours?”

Yet in this increasingly “pile on” culture, these same protestors don’t hesitate to pillorize, denigrate and lambaste their fellow citizens over the smallest perceived slight or disagreement – yelling down from their high ground of acceptance and tolerance.

Now don’t get me wrong. The Richard Spencers and David Dukes of the world, the white nationalists who marched in Charlottesville with swastikas emblazoned on their shirts and head scarves… it’s time to send them back to the sewers they crawled out from. No, I’m referring to those civil adults among us who voice their views because they feel they can. Increasingly, at a hasty turn of phrase, or a slight misstep, they find themselves buried in an avalanche of online vitriol.

I fear we’ve become, as a society, thin-skinned and quick to rage. We can’t or won’t take it… yet we’re quick to dish it out.

Paul Ryan, Speaker of the House, described what he calls a dangerous growth in “identity politics.” While we ostensibly applaud our differences, we prey on them as well.

The zeitgeist of our country has never been more divided. To close that divide, perhaps it’s time to separate out the truly offensive (terrorists, and others who directly seek to cause harm), from those among us who are simply outspoken, sometimes to the displeasure of others. Whatever happened to civil debate?

If you disagree with someone, by all means say so. But don’t leave the village burning in your wake.

________________________________

Frances Trelease, (MBA, UConn ’96,) is the founder of Boomer Den LLC, which provides internships for midlife adults. She is also a college lecturer and former journalist for Gannett Newspapers. She is dedicated to partnering talented adults with new career opportunities. http://boomerden.com, Fran@BoomerDen.com

PERSPECTIVE: Let’s Hope Our White Friends Regain Their Senses Soon

by Frederick A. Hurst There was a time when we folks of color could rely on the predictability of White folks and be assured that, whether they were good or bad, we could predict their moves in any given situation. But nowadays, we don’t know what to think about White folks and that has become a real functional problem.

I mean, if White folks legally lynch us, co-opt us, cheat us or deny us economic and health security and justice under the law, we are not caught by surprise, just as we are not caught by surprise when White folks join us in genuine opposition to such behavior and honestly contribute to reversing the effects of it as do many White folks. However, Black folks are finding it more and more difficult to distinguish White friends from White foes.     

These are such confusing times that I am even unsure how to write about what seems to be happening. Black folks generally want to be one with White folks when they deserve it. But how can we be one with White folks while watching the many ways they rationalize acquitting cops who we watch murdering our Black men on national television? How can we be one with them when they elect a Donald Trump as president and let him twist their minds over the difference between using the flag and national anthem as touchstones of legitimate protest and using them to divide our country and to so easily make White folks believe that our Black athletes, who kneel during the national anthem, are unpatriotic?

My brother was killed in Vietnam while White folks were burning the American flag at the Pentagon and all over the streets of America in protest of the war (I was at the Pentagon during the protests observing White violence). Our Black athletes are kneeling to the flag in deference to all it stands for and as a reminder to White folks of what it has always stood for and should still stand for – most of all, justice. They are not desecrating the flag in protest. They are honoring it and all that it stands for. And my family story is not unique among Black folks.

So, it is disconcerting to hear White folks, who are supposed to be our friends, succumbing to Trump-like attacks on our patriotism even as many of them and/or their parents were among the ones who burned the flag and ran President Lyndon Johnson out of politics and laid the foundation for the election of Richard Nixon as his successor.

I don’t mean to belabor the point but my youngest brother served and died in Vietnam shortly after my oldest brother returned from his Vietnam service and my second youngest brother served on the DMZ in Korea shortly after that. My namesake, Uncle Frederick, served in the Pacific campaign in WWII and my Uncle Alton served in North Africa in the same war. And like so many other Black folks who served the American country and flag, both uncles returned to a society that rejected them and often lynched their Black counterparts for “stepping out of line” in the name of the “confederacy” and the flag that they tried to use to replace our own American flag.

Our White “friends” seem to have forgotten that Jackie Robinson, while serving in the United States Army in honor of the same American flag, was court marshaled for refusing to move to the back of a Southern bus years before Rosa Parks was arrested and later commemorated for the same behavior. So it is very disconcerting to listen to White “friends” suggest that their “love” of the flag is somehow greater than our love simply because we honor it in a different way.

Many Black folks feel that we are being victimized by something else that is going on in White America. White folks are fighting for power among themselves. And they are trying to use folks of color as pawns in their battle, which they can succeed at only if we folks of color allow them to do so. But stopping it is not easy because all sides in this White struggle – liberal and conservative, Democrat and Republican, alt right and far left – are fighting for their base and a shifting White middle and, unfortunately, a good portion of that White middle is bigoted as are most of those who identify with the alt right.

White emotions are running high – which often times means running amok – making it easier for the Trump-like demagogues on all sides to influence White opinion through faux patriotic, racist catcalls, which is why patriotism and the flag and racial appeals are proving to be easy tools for the Trump-like to divert even good people’s attention away from the real White battle for raw power.  

By any stretch of the imagination, the “old days” were slow going for African Americans but we always knew where we stood and what the fight was about and prepared for it. There was no confusion. We had good White folks and bad White folks and we always had to be prepared to fight even the good ones, who felt compelled to compromise with the bad at our expense. But we could reason with the good ones and even some of the bad ones. We understood this and had the all important benefit of no confusion.

President John Kennedy’s equivocation during the Civil Rights Movement is a good example. He was not a great civil rights president but we were able to keep our concerns on his mind until he was tragically assassinated and Lyndon B. Johnson stepped in and chose to be a historical leader on the issue of civil rights. But the situation today with Trump and the hard right, the radical left and the confused middle is out of control. We Black folks no longer have clarity. We don’t know who White folks are anymore. Too many seem to have completely lost their identity which is why watching them unite around patriotism and the flag is so scary and reminiscent of past historical trends that didn’t bode well for Black folks and certainly didn’t bode well for the European Jewish community during the Nazi era.

When the good White folks and the bad White folks united around such amorphous concepts as patriotism and the flag and claimed them as their own while ignoring the real issues of their times, we got lynched, literally and figuratively, and White folks justified it among themselves until the amorphous trends played themselves out.

One thing I know. Black folks should not be the first ones to speak out against the unfair characterization of Colin Kaepernick and other Black athletes and their supporters as unpatriotic for kneeling in protest of injustice. White folks should be, just as they should be unequivocal in speaking out against Trump-related bigotry. And as history has made clear, when White folks fail to act, Black folks must not fail to act. And we should not be the ones to have to remind White folks, friend and foe alike, of the same moral obligation that Martin Luther King, Jr. reminded his fellow White ministers of in his “Letter from the Birmingham Jail.”

He wrote:  “I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to “order” than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: “I agree with you in the goal you seek, but I cannot agree with your methods of direct action”; who paternalistically believes he can set the timetable for another man’s freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a “more convenient season.” Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.” (emphasis added; available in full at www.afampov.com)

In this day and age, the words of Martin Luther King, Jr. written as he sat in isolation in the Birmingham jail during one of his many battles against injustice, should not be necessary. Unfortunately, they seem to be more necessary now than ever before. It is not a racist president or that substantial part of his White base that is racist who are most confounding. It is our confused White “friends” who are most worrisome because confusion is so easily misdirected by tyrants like Trump who understand that, in the midst of confusion, logic fails and appeals to emotions dominate and symbols like the flag can be useful in manipulating the behavior of confused White people, especially when they consider themselves to be righteous as so many White folks do, and who also consider themselves to be the arbiters of what is righteous.

So we Black folks and our many allies of color, and more enlightened White folks, are going through perilous times waiting for our confused White allies to recover from their confusion. And we know that during their recovery period, which we know can last for days or decades, we will bear the brunt of the consequences unless we prepare to defend ourselves, which we will do because historical circumstances have given us a new level of sophistication. You can’t hang us all!

Watching White folks unite around their own misappropriation of flag and country is disconcerting but historically familiar. We know where it could carry them and we know we are in for a tough fight. But we also know it’s a winnable fight and a mere continuation of the long fight from slavery to freedom that has been unabated since the first African slave was forced to build America without pay. Yet, from the very beginning, we have served our country and honored our flag with our blood. So, to see White folks willingly misappropriate the American flag as their own in this day and age, when we are presumed to be an enlightened people, is disheartening.

I don’t mind speaking up about it even though I understand there will be consequences. But my courage pales in comparison to that of Colin Kaepernick and those other Black athletes who continue to kneel in the view of huge crowds of mostly White folks who don’t want to hear the message these brave Black athletes are kneeling for and who conveniently convert the message into an anti-flag and country scam that in their confused minds justifies their tolerance of injustice in total contradiction to what our flag stands for.

I have no words that can heal White confusion. History says it will eventually work itself out but not without some cajoling and substantial discomfort for all of us. But history also tells us that the period from the onset of the confusion to the working out can be catastrophic, which is why I hope our White “friends” regain their senses soon.

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Frederick A. Hurst is co-owner, with his wife Marjorie J. Hurst, of An African-American Point of View (Point of View).  The free community newsmagazine by and for the African-American community and for other readers who are interested in news from the African-American community, in its 11th year of operations.  It is based in Springfield, MA and is published twice monthly, circulating in Springfield and in Connecticut.  This article first appeared, in a slightly longer form, in the most recent issue of Point of View and is published here with permission.

PERSPECTIVE: Connecticut Could Still Be the New Hollywood East for the Smallest Screens

by Lucy Wyndham Back in 2007, all the talk was of how Connecticut was to become the new Hollywood East, creating tax breaks, building up a trained crew base and hoping that the number of actors and directors already living in the state would attract the likes of Steven Spielberg and Sam Mendes.

Ten years on, things have panned out a little differently to the way that many had dreamed. The big budget movie producers might not have adopted Connecticut as their own, but the state nevertheless has a strong digital media industry that is growing, not on the big screen but on the smallest of all.

Niche is the new mainstream

Some directors might be disappointed at the direction the industry has taken and the shift in focus. But while cable TV and online media such as YouTube and Twitch TV might not be as glamorous, every piece of market research from survey sites says that this is where the smart investment dollars should be spent in the 21st century.

The big screen is by no means dead, but it is also not the entertainment powerhouse that it once was. The digital revolution, and the rise of mobile and smartphone technology in particular, mean that today’s consumers want bespoke entertainment that can be accessed when and where they choose. In other words, niche is rapidly becoming the new mainstream, and the Connecticut digital industry is in the right place at the right time.

From wrestling to animation

Lobbyist James Amann represents almost a thousand small filmmakers. He was the speaker of the House of Representatives when the push to grow Connecticut’s film and media industry got underway in 2007, and he looks back on the past ten years with mixed feelings. He applauds the progress made in building a digital industry, but feels the movie side was “mothballed” and represents a missed opportunity.

However, Catherine Smith, the Commissioner of the State Department of Economic and Community Development pointed to the breadth of development seen in the state, citing everything from World Wrestling bouts to recordings of the Jerry Springer Show to the popular animated productions coming out of Blue Sky Studios, all of which are created in Connecticut.

A world of opportunity

Since the inception of the tax incentive program in July 2006, qualified companies have earned $604 million in tax credits which leveraged the expenditure of over $2.1 billion in Connecticut’s economy encouraging the relocation of major networks, digital media companies and production operations. These in turn have led to the creation of close to two thousand jobs, including the following:

• NBCUniversal relocated talk shows including Jerry Springer (200 jobs)
• NBC Sports HQ consolidation and relocation (600 jobs)
• 20th Century Fox Blue Sky Studios relocated (500 jobs)
•    ESPN Digital Media Center-2 (200 jobs)

On top of these success stories, there has also been the relocation of Emmy Award winning home makeover series This Old House Stamford and numerous ot

her expansions including Tantor Audiobooks and XVIVO, the scientific digital animation company.

To prepare constituents for the job opportunities created by these successful incentives, the Connecticut Office of Film Television & Digital Media has partnered with UConn School of Digital Media Design to establish the Digital Media CT program. This develops training, programming and events specifically to encourage participation and employment in this ever-expanding industry.

Sustained growth

The sectors that Connecticut’s digital industry are focused on are areas that seem set to go from strength to strength. It could be less a question of whether Connecticut will become East Hollywood as whether Hollywood will be seeking to become West Connecticut in the years to come.

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Lucy Wyndham is a professional freelance writer with many years of experience across a variety of sectors. She made the move to freelancing from a stressful corporate job and loves the work-life balance it offers her. When not at work, she enjoys reading, hiking and spending time with her husband and two children.

PERSPECTIVE - Broadening Our Approach: Hunger Beyond Thanksgiving

by Miranda Muro I am fortunate to work at Foodshare, the regional food bank that has served the Greater Hartford area for 35 years. Each year, we collect and distribute 14 million pounds of food – enough to make 11.5 million meals – to a network of 300 partner food pantries and meal programs that serve people in need. At the same time, we work with partners to address the root causes of hunger. Even with all of this effort, hunger is still a persistent and pervasive issue in our region. Here in Connecticut, one out of every eight people is food insecure, meaning they lack consistent access to enough food due to lack of money or other resources. That amounts to 437,500 people - our neighbors - who are at risk of hunger, including 127,000 children.

Despite being one of the wealthiest states in the nation, hunger affects people of all ages and backgrounds in Connecticut, including rural towns, suburbs, and cities. Certain populations, including children and seniors, are at greater risk. For example, while food insecurity affects 12.2% of Connecticut’s general population, it affects 16.7% of our children. Food insecure households are often faced with the difficult decisions of paying for basic needs, like rent or medical bills, or nutritionally adequate food. And it’s getting even harder for our food insecure neighbors to make ends meet. A recent Feeding America study shows that food insecure individuals in Connecticut face, on average, an estimated food budget shortfall of $18.45 per person each week, up from $17.78 last year (and $15.16 four years ago).*

I am not a hunger expert. Yes, I have access to research and information which helps us understand the nature of food insecurity in our communities. But the real experts are the people who are living this reality every day - our neighbors who have great resilience and find creative ways to stretch their budgets. Like the seniors on fixed incomes who wait in line, sometimes in the rain and snow, to get a bag of healthy food from our mobile pantry; working parents who still can’t make ends meet and skip meals so their kids can eat; and households that have had an unexpected job loss or medical emergency and suddenly can’t afford to put food on the table. These are the experts we can learn from.

Our challenge now is to broaden our approach. Food distribution at food pantries, shelters, and community kitchens is a critical lifeline for many people. It’s an important part of the solution, but not the entire solution. Hunger is bigger than food. In order to truly find an end to hunger, we must also address the systems that intersect with food insecurity: poverty, housing, employment, education, healthcare, and more. We need to include and amplify the voices of the people who experience hunger, and engage partners from all sectors of our community to add their unique perspectives.

Through this collaborative and systemic approach, I believe we can create a community where everyone knows where their next meal will come from. This may seem idealistic, but I know it’s possible when I think about the tremendous community effort that makes Foodshare work, especially at this time of year. Right now people from all walks of life are taking action to make sure our neighbors have a turkey to celebrate Thanksgiving.

This holiday season, I encourage you to please support your local food bank and consider how you can help throughout the year. Hunger is a community-wide issue that needs a community-wide response, whether you volunteer, donate, or contribute your skills. Working together, we will make a difference.

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Miranda Muro is the Director of Policy and Program Impact at Foodshare. Foodshare is the Feeding America food bank serving Connecticut’s Hartford and Tolland Counties. In partnership with the food industry, donors, community leaders and volunteers, Foodshare works to maximize access to nutritious food and other resources that support food security. And, because hunger is bigger than food, Foodshare collaborates with anti-hunger organizations, policy makers, and the broader community to build effective solutions to end hunger. For more information, visit www.foodshare.org.

* Source: Gundersen, C., A. Dewey, A. Crumbaugh, M. Kato & E. Engelhard. Map the Meal Gap 2017: Food Insecurity and Child Food Insecurity Estimates at the County Level. Feeding America, 2017. http://map.feedingamerica.org/

PERSPECTIVE: 10 Reasons Why Starting a Captive Insurance Company in CT is a Great Idea

by Michael Maglaras  A captive insurer is an insurance company that is wholly owned and controlled by a parent company, an association or a group, to insure its own risk. The owner can reinvest savings back into the operation.  Captive insurers are not just for large corporations but play a very important role for many small and mid-size employers.  Connecticut businesses can always benefit from an extra competitive edge to succeed and grow, and captive insurance can often provide that unique, cost-effective and profitable competitive advantage. There are 10 solid reasons to start a captive insurance company in Connecticut:

1. Workforce Talent and Skills in Abundance

Connecticut is home to a wide-ranging population of smart, resourceful employees who think big and work hard.  The workforce in Connecticut is well-educated, highly industrious with deep knowledge of insurance practices, functions and operations.  Connecticut ranks #1 nationally in insurance employment as a percentage of total employment and #1 in the U.S. for the greatest concentration of actuarial talent per worker.  This uniquely talented, creative workforce is meeting today's challenges, defining tomorrow's captive insurance innovations and setting the stage for the future of the industry.

2. Competitive Operating Costs for Captives

Connecticut’s operating costs are highly competitive and among the lowest in the U.S. in the insurance space.  A wide variety of business facilities are available at highly competitive costs, with prime office rents among the lowest in the Northeast. Cost efficient insurance is readily available, and tax and investment professionals are abundant.

3. New CT Captive Insurance On-Line “Tool-Kit”

A new online resource for business owners exploring ways to control insurance costs and manage their risk, “CT Captive Solutions for Business,” has recently been launched by state Insurance Commissioner Katharine Wade.  The toolkit includes instructions on licensing a captive in Connecticut, a list of recognized captive managers, FAQs and Insurance Department contacts.  Click here for the new “Toolkit.”

4. Innovative New Captive Policy Law

The General Assembly passed Public Act 17-198 (An Act Concerning Captive Insurance Companies) this year, with broad bi-partisan support.  The new law, which went into effect on July 1, created a number of new innovative policies that make Connecticut a tremendous domicile option for new and redomiciling captives.  The law allows the insurance commissioner to waive capital and paid-in surplus requirements for certain captives and lowers the minimum surplus requirements for sponsored captives.  It also establishes an innovative new category of “dormant captive insurers” so businesses can stay current through different economic cycles and re-start quickly as new business opportunities present themselves.

5. Insurance Sector Strength

With over 1,400 insurance companies licensed to do business in the state, Connecticut’s insurance industry is one of the largest in the world and a key part of Connecticut’s economy.  Connecticut Insurers write more than $32.8 billion in premiums annually and contribute $13.7 billion to Connecticut’s Gross State Product (GSP).  The state also leads the nation in insurance payroll, which contributes 5.3% of the total state payroll.  This can be attributed to the industry’s workforce of relatively high-paying occupations including management, legal, computer and math professionals, and business and financial operations.

6. Excellent University & Captive Insurance Linkages

Connecticut’s internationally renowned universities have been key drivers in the development of the region’s technology and knowledge industries.  Home to over 40 colleges and universities, including the University of Connecticut and Yale University, Connecticut’s higher education programs are unique in the nation and the world.

UConn has an undergraduate major in Actuarial Science, which is one of the few Actuarial Science programs in New England.  UConn also has an Actuarial Science Program that has been named a “Center of Actuarial Excellence,” one of only 12 chosen by the Society of Actuaries.  In addition, t the UConn School of Business offers an M.S. in Actuarial Science and an M.S. in Financial Risk Management.

At Yale, the Graduate School of Management offers a unique Masters of Management Studies in Systemic Risk for early and mid-career employees of central banks and other major regulatory agencies with a mandate to manage systemic risk.  The year-long program focuses in macroprudential policy, financial crisis management, global financial regulation, monetary economics, capital markets, and central banking.

7. Location, Location, Location!

Connecticut, strategically and conveniently located between New York and Boston, is ideally positioned geographically for captive insurance companies in the U.S. and throughout the world.  Connecticut is within 500 miles of one-third of the total U.S. population and two-thirds of the total Canadian population.  Connecticut offers a robust transportation network including a growing international airport, an integrated network of major highways, commuter rail, Amtrak services, bus rapid transit and bus routes.

8. Strong and Dynamic Insurance Economy

The insurance industry in Connecticut ranks second nationally in gross state product as a percentage of total gross state product and, as noted above, contributes 5.3% or $13.7 billion to Connecticut’s GSP.  Additionally, Connecticut defines “super sectors” for reporting purposes and the insurance “super sector” is the state’s largest by far, accounting for nearly 22.6% of Connecticut’s GSP.  In addition, Connecticut ranks #2 in the U.S. for Insurance activity that drives the largest percentage (18.1%) of the State’s Gross State Product from it’s over 60,000 insurance professionals.

9. Pro-Insurance Business climate

Connecticut has a pro-insurance, pro-captive insurance business climate.  The Department of Insurance and all branches of State Government are committed to developing new captives and encouraging innovation and insurance entrepreneurship.  The State provides potential companies and associations with high quality, abundant start-up tools and a welcoming and flexible regulatory leadership.

Connecticut also provides insurance brokers and producers, captive insurance managers, and tax professionals in insurance fields access to innovative solutions and resources to drive the industry forward, including a collaborative workforce and support from leadership at all levels of State government.  The Connecticut Department of Insurance Captive Division has significant regulatory expertise and a collaborative consultative approach that can help support and grow innovative captive insurance companies.

10. Generous Support and Financial Assistance for Captives

Connecticut provides many options for attractive and lucrative support packages of financial incentives, recruitment and training, research and development support tailored to each captive insurance company’s needs.  The state offers a wide range of programs and services to help companies prosper in Connecticut with financing, tax credits and other incentives including site selection services.

The state works with captive insurance companies in an ongoing partnership to ensure all the necessary support is given from the start-up phase and throughout the lifetime of the captive insurance companies growth to develop and expand the business and to improve legal and financial soundness.  Connecticut also has a strategic venture capital arm and the leading source of financing and ongoing support for innovative, growing companies.

Recent Growth and Success That Speaks for Itself!

In recent years, Connecticut has become known for attracting top-notch innovative captive insurance companies.  Just this year, Charter Communications, the second-largest cable company in the nation, expanded its business footprint in Connecticut by basing its entire captive insurance operations in the state.  The captive, Spectrum Communications Indemnity, Inc. will be the largest captive licensed in Connecticut and will provide coverage for Charter’s workers compensation, auto liability, general liability and employment practices liability.

The State has also recently licensed the state’s first health care liability captive.  That company, Keystone Indemnity Company, Ltd. had originally been licensed in Vermont and is has now elected to re-domesticate to Connecticut.  Keystone is owned by Masonicare of Wallingford, the state’s leading provider of health care and retirement living communities for seniors.

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Michael Maglaras is President of the CT Captive Insurance Association and owner of Michael Maglaras & Company, a CT based international insurance consulting firm specializing in providing insurance program consulting advice, including self-insurance feasibility testing and other alternatives to traditional insurance programs for a variety of clients.

PERSPECTIVE: Face-to-Face Business in a Digital Age

by Kim Estep If you pay attention, you can practically watch the culture of most industries within the business world going more and more digital with the use of technology. Businesses can run entire departments online, as well as keep digital records of practically everything that happens during day-to-day business operations, increasing the ease of performing in an industry by a significant amount.

With that said, however, person-to-person meeting culture has barely changed. Yes, LinkedIn makes digital networking easier and meetings can be done through video chat, but by and large, the preference of most people in the business world is to meet face to face and network using real human interactions. Have you ever wondered why this is the case?

In-Person Events Are Key

Even with the massive increase in business tech, people prefer to make business contacts the old-fashioned way. Trade shows and industry events are still as large, if not larger, than ever before and they don't show any signs of slowing down. This is because people do business with people they know, like and trust. You don't build a relationship on trust in the digital sector, you do this by meeting face to face and sharing personal experiences.

Here are a few reasons why in-person events are still king when it comes to making business relationships:

• You can unlock new opportunities
• You can grow your business:
• You have a unique opportunity to build and refine your network:

A Case Study: FUBU Founder Daymond John

If you've ever watched Shark Tank, you know John, one of the most savvy and aggressive investors in the "tank". Many people know that he became successful as the founder and CEO of the young men's clothing brand FUBU, but few know the story of how he got his start.

He started his business as a young man with practically no business experience, but upon hearing about a large fashion trade show in Las Vegas where he thought he could find potential buyers, he snuck in. The connections he met at this face-to-face event took him further than any digital pitch he ever could've given. He returned home with $300,000 worth of apparel orders, including one from the department store Macy's.

The Bottom Line

Trade shows, industry events and conferences are about meeting thought leaders, peers in your industry and prospective clients and customers, as well as growing your network. For as much as the business world has gone digital, almost everyone is still in the business of making relationships, and in-person events are still the best way to do so.

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Kim Estep is President and Founder of Convention Nation, based in Burlington, CT.  The organization’s website and newsletter provide useful and complete online event information to the Convention Nation, including convention reviews, conference guest speaker analysis, convention location-specific travel and planning tips, real-time event coverage and insider convention information.

PERSPECTIVE: #MeToo - Intervening to Change A Culture That Tolerates Sexual Violence

by Laura Cordes Hundreds of thousands of heartbreaking accounts of sexual harassment, assault and rape are pouring forth online from survivors across the country who are using their incredible courage to hashtag, #MeToo.

Nearly 10 years ago, activist Tarana Burke first used “Me Too” to create space and support for women and girls of color. Last week actress Alyssa Milano utilized the hashtag in the wake of multiple accounts of harassment and assault by Harvey Weinstein. It was a call to action for survivors to demonstrate the scope of the problem. Women and men alike are posting at lightning speed in solidarity.

48 hours later #MeToo was tweeted nearly a million times. Facebook reports that 45% of its American users have had friends posting "MeToo" messages.

These numbers are not, however, merely a trending topic, or a social media moment.

Sexual violence - in all its forms - continues to be pervasive, predominately perpetrated by people known to us, and grossly accepted and minimized by the very people and institutions who have the power to intervene and to create communities where such behavior is never tolerated.

These hashtag stories bear witness to the reality that women and girls in particular are subject to harassment, discrimination, unwanted touching and violence at nearly every age and stage of our lives. It happens at work, on the street, in the home, on trains, at school, and on the playground.

As advocates in the anti-sexual violence movement, these stories are all too familiar to us. Last year alone, our member sexual assault crisis services programs worked with over 6,500 child, adolescent and adult victims and survivors of sexual violence across the state. More than 15% were men and boys.

Beyond illustrating the staggering numbers of assaults, the MeToo posts underscore the predatory nature and the patterns of manipulation, coercion, threats, retaliation and violence that perpetrators use to harm others. They wield their power and the illusion of trust to not only target and access their victims but to silence them. They count on others to stay silent too - to be too uncomfortable to say something, to look the other way, or to join them in blaming the victim should they disclose or ask for help.

When survivors speak out, chances are they will not be believed. Most are shamed, shunned, blamed and re-traumatized.

It is no wonder that rape remains the most under-reported crime in this country.

For every Harvey Weinstein, Roger Ailes, Jerry Sandusky and Bill Cosby there is another politician, teacher, coach, salesman, scientist, or bus driver who cat calls, gropes women, threatens job security, coerces vulnerable teens, intimidates or rapes. They are someone’s trusted and loved father, brother, son, friend or spouse. They are people we know, people we trust.

Survivors are people we know and trust, too. They do not owe us their stories, but we owe them compassion, support, and clearer paths to healing and justice.

#MeToo marks a critical moment in our growing national movement to address sexual violence. Driven by survivors, advocates and a growing number of allies, we are unearthing the high rates of sexual violence and increasing calls to hold offenders accountable for the incredible harm that they have caused.

It will take all of our voices to change a culture that tolerates sexual violence. We must commit to do more, to ask our friends and neighbors and family members, the men in our lives to look beyond the fact that sexual violence is a widespread problem, and to take an active role in ending it.

Use your voice to intervene to stop sexist and discriminatory behavior when you see it, to believe survivors, and hold individuals, communities and institutions to a higher standard.

Join us in the belief that sexual violence is preventable, not inevitable.

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Laura Cordes is the Executive Director of the Connecticut Alliance to End Sexual Violence.

The Alliance (formerly CONNSACS) is the statewide coalition of nine community based sexual assault crisis services programs whose mission is to end sexual violence and provide high quality, comprehensive and culturally competent sexual assault victim services.