Irreparable harm, part II

Time to revisit the doping case of Karmila Valieva, the 15-year-old Russian figure skater who was allowed to compete in the February 2022 Winter Olympics despite testing positive for the banned substance trimetazidine on the grounds that banning her from competition would cause her “irreparable harm”. The harm was never defined, but presumably went something like careers are short, Valieva was a multiple champion and the top prospect for gold, and she could be later disqualified but couldn’t retroactively compete. An adult would have been disqualified there and then, but 15-year-old was made a “protected person” in the World Anti-Doping Agency’s 2021 code.

Two years on, the Court for Arbitration of Sport has confirmed she is banned for four years, backdated to December 2021, and will be stripped of the results, prizes, medals, and awards she has won in the interim. CAS, the ultimate authority in such cases, did not buy her defense that her grandfather, who is prescribed trimetazidine, inadvertently contaminated her food. She will be eligible to compete again in December 2026.

In a paper, Marcus Camposa,b, Jim Parrya, and Irena Martínková conclude that the WADA’s concept of “protected person” “transforms…potential victims into suspects”. As they write, the “protection” is more imagined than real, since minors are subjected to the same tests and the same sanctions as adults. While the code talks of punishing those involved in doping minors, to date the only person suffering consequences for Valieva’s positive test is Valieva, still a minor but no longer a “protected person”.

A reminder: besides her positive test for trimetazidine, widely used in Russia to prevent angina attacks, Valieva had therapeutic use exemptions for two other heart medications. How “protected” is that? Shouldn’t the people authorizing TUEs raise the alarm when a minor is being prescribed multiple drugs for a condition vastly more typical of middle-aged men?

According to the Anti-doping Database, doping is not particularly common in figure skating – but Russia has the most cases. WADA added trimetazidine to the banned list in 2014 as a metabolic modulator; if it helps athletes it’s by improving cardiovascular efficiency and therefore endurance. CNN compares it to meldonium, the drug that got tennis player Maria Sharapova banned in 2016.

In a statement, the World Anti-Doping Agency said it welcomed the ruling but that “The doping of children is unforgivable. Doctors, coaches or other support personnel who are found to have provided performance-enhancing substances to minors should face the full force of the World Anti-Doping Code. Indeed, WADA encourages governments to consider passing legislation – as some have done already – making the doping of minors a criminal offence.” That seems essential for real protection; otherwise the lowered sanctions imposed upon minors could be an incentive to take more risks doping them.

The difficulty is that underage athletes are simultaneously children and professional athletes competing as peers with adults. For the rules of the sport itself, of course the rules must be the same; 16-year-old Mirren Andreeva doesn’t get an extra serve or a larger tennis court to hit into. Hence 2014 bronze medalist Ashley Wagner’s response to an exTwitter poster calling the ruling irrational and cruel: “every athlete plays by the same rules”. But anti-doping protocols are different, involving issues of consent, medical privacy, and public shaming. For the rest of the field, it’s not fair to exempt minors from the doping rules that apply to everyone else; for the minor, who lacks agency and autonomy, it’s not fair if you don’t. This is only part of the complexity of designing an anti-doping system and applying it equally to minors, 40-something hundred-millionaire tennis players, and minimally funded athletes in minority sports who go back to their day jobs when the comptition ends.

Along with its statement, WADA launched the Operation Refuge report (PDF) on doping and minors. The most commonly identified doping substance for both girls and boys is the diuretic furosemide followed by methylphenidate (better known as the ADHD medication Ritalin). The most positive tests come from Russia, India, and China. The youngest child sanctioned for a doping violation was 12. The report goes on to highlight the trauma and isolation experienced by child athletes who test positive – one day a sporting hero, the next a criminal.

The alphabet soup of organizations in charge of Valieva’s case – the Russian Anti-Doping Agency, the International Skating Union, WADA, CAS – could hardly have made a bigger mess. The delays: it took six weeks to notify Valieva of her positive test, and two years to decide her case. Then, despite the expectation that disqualifying Valieva disqualifies her entire team, the ISU recalculated the standings, giving Russia the bronze medal, the US the gold, and Japan silver. The Canadian team, which placed fourth, is considering an appeal; Russia is preparing one. Ironically, according to this analysis by Martina Frammartino, the Russian bench is so strong that it could easily have won gold if Valeeva’s positive test had come through in time to replace her.

I’ve never believed that the anti-doping system was fit for purpose; considered as a security system, too many incentives are misaligned, as became clear in 2016, when the extent of Russian state-sponsored doping became public. This case shows the system at its worst.

Illustrations: Kamila Valieva in 2018 (via Luu at Wikimedia).

Wendy M. Grossman is the 2013 winner of the Enigma Award. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. She is a contributing editor for the Plutopia News Network podcast. Follow on Mastodon

Watson goes to Wimbledon

The launch of the Fediverse-compatible Meta app Threads seems to have slightly overshadowed the European Court of Justice’s ruling, earlier in the week. This ruling deserves more attention: it undermines the basis of Meta’s targeted advertising. In noyb’s initial reaction, data protection legal bulldog Max Schrems suggests the judgment will make life difficult for not just Meta but other advertising companies.

As Alex Scroxton explains at Computer Weekly, the ruling rejects several different claims by Meta that all attempt to bypass the requirement enshrined in the General Data Protection Regulation that where there is no legal basis for data processing users must actively consent. Meta can’t get by with claiming that targeted advertising is a part of its service users expect, or that it’s technically necessary to provide its service.

More interesting is the fact that the original complaint was not filed by a data protection authority but by Germany’s antitrust body, which sees Meta’s our-way-or-get-lost approach to data gathering as abuse of its dominant position – and the CJEU has upheld this idea.

All this is presumably part of why Meta decided to roll out Threads in many countries but *not* the EU, In February, as a consequence of Brexit, Meta moved UK users to its US agreements. The UK’s data protection law is a clone of GDPR and will remain so until and unless the British Parliament changes it via the pending Data Protection and Digital Information bill. Still, it seems the move makes Meta ready to exploit such changes if they do occur.

Warning to people with longstanding Instagram accounts who want to try Threads: if your plan is to try and (maybe) delete, set up a new Instagram account for the purpose. Otherwise, you’ll be sad to discover that deleting your new Threads account means vaping your old Instagram account along with it. It’s the Hotel California method of Getting Big Fast.

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Last week the Irish Council for Civil Liberties warned that a last-minute amendment to the Courts and Civil Law (Miscellaneous) bill will allow Ireland’s Data Protection Commissioner to mark any of its proceedings “confidential” and thereby bar third parties from publishing information about them. Effectively, it blocks criticism. This is a muzzle not only for the ICCL and other activists and journalists but for aforesaid bulldog Schrems, who has made a career of pushing the DPC to enforce the law it was created to enforce. He keeps winning in court, too, which I’m sure must be terribly annoying.

The Irish DPC is an essential resource for everyone in Europe because Ireland is the European home of so many of American Big Tech’s subsidiaries. So this amendment – which reportedly passed the Oireachta (Ireland’s parliament) – is an alarming development.

***

Over the last few years Canadian law professor Michael Geist has had plenty of complaints about Canada’s Online News Act, aka C-18. Like the Australian legislation it emulates, C-18 requires intermediaries like Facebook and Google to negotiate and pay for licenses to link to Canadian news content. The bill became law on June 22.

Naturally, Meta and Google have warned that they will block links to Canadian news media from their services when the bill comes into force six months hence. They also intend to withdraw their ongoing programs to support the Canadian press. In response, the Canadian government has pulled its own advertising from Meta platforms Facebook and Instagram. Much hyperbolic silliness is taking place

Pretty much everyone who is not the Canadian government thinks the bill is misconceived. Canadian publishers will lose traffic, not gain revenues, and no one will be happy. In Australia, the main beneficiary appears to be Rupert Murdoch, with whom Google signed a three-year agreement in 2021 and who is hardly the sort of independent local media some hoped would benefit. Unhappily, the state of California wants in on this game; its in-progress Journalism Preservation Act also seeks to require Big Tech to pay a “journalism usage fee”.

The result is to continue to undermine the open Internet, in which the link is fundamental to sharing information. If things aren’t being (pay)walled off, blocked for copyright/geography, or removed for corporate reasons – the latest announced casualty is the GIF hosting site Gfycat – they’re being withheld to avoid compliance requirements or withdrawn for tax reasons. None of us are better off for any of this.

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Those with long memories will recall that in 2011 IBM’s giant computer, Watson, beat the top champions at the TV game show Jeopardy. IBM predicted a great future for Watson as a medical diagnostician.

By 2019, that projected future was failing. “Overpromised and underdelivered,” ran a IEEE Spectrum headline. IBM is still trying, and is hoping for success with cancer diagnosis.

Meanwhile, Watson has a new (marketing) role: analyzing the draw and providing audio and text commentary for back-court tennis matches at Wimbledon and for highlights clips. For each match, Watson also calculates the competitors’ chances of winning and the favorability of their draw. For a veteran tennis watcher, it’s unsatisfying, though: IBM offers only a black box score, and nothing to show how that number was reached. At least human commentators tell you – albeit at great, repetitive length – the basis of their reasoning.

Illustrations: IBM’s Watson, which beat two of Jeopardy‘s greatest champions in 2011.

Wendy M. Grossman is the 2013 winner of the Enigma Award. Her Web site has an extensive archive of her books, articles, and music, and an archive of earlier columns in this series. Follow on Twitter.