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> laws are normative arguments about whether or not something is ultimately unethical That wasn't the distinction I was making. A law is a positive statement.
by dsacco 9y ago
> laws are normative arguments about whether or not something is ultimately unethical
That wasn't the distinction I was making. A law is a positive statement. An argument of what should be lawful, or an interpretation of a law, is of course normative. But I already said that in this thread.
By the "letter of the law" (section 9(4)(a) of the SEC act and existing case law), stock manipulation involves promulgating outright falsehoods. Case law shows us that exemplary falsehoods have to be categorically untrue; a biased presentation of something that is true does not pass the bar. Being that there is a vulnerability here, the material we have to go on does not paint a favorable outlook on the researchers being indicted. Activist investors routinely present facts to the media with a clear agenda, but the SEC virtually never prosecutes them if there is an inarguable, material kernel of truth to their allegations. There's a vulnerability here. Reasonable people can disagree on the severity of the vulnerability and how it should have been disclosed. But it's not fraud.
> how does acting completely unethically yet entirely within the law for malicious purposes fit into your framework?
Your question has a presupposition; if the security researchers traded on their knowledge of this vulnerability, I find that to be neither unethical nor illegal stock manipulation.
- cat199 9y ago> Your question has a presupposition that it is specifically tied to this case.