Sound Familiar? Scientists Voice Misgivings over BP’s Use of Private Emails.

June 5, 2012

What has been will be again, what has been done will be done again; there is nothing new under the sun. – Ecclesiastes 1:9

No accident. This is now a standard weapon against pesky truth seeking scientists and academics.

The Guardian: 

In an opinion piece in the Boston Globe, the scientists, from the Woods Hole Oceanographic Institution, said they volunteered in the early days of the spill to deploy robotic technology to help BP and the Coast Guard assess how much oil was gushing from the well.

The two researchers turned over some 50,000 pages of research notes and data to BP. But BP demanded more, and obtained a court subpoena for the handover of more than 3,000 confidential emails. The scientists handed over the emails last week – but with severe misgivings, they wrote.

“Our concern is not simply invasion of privacy, but the erosion of the scientific deliberative process,” they wrote. They feared the email exchanges, in which the scientists discuss hitting dead ends or challenging each other on their conclusions, were open to deliberate misinterpretation.

“Incomplete thoughts and half-finished documents attached to emails can be taken out of context and impugned by people who have a motive for discrediting the findings. In addition to obscuring true scientific findings, this situation casts a chill over the scientific process. In future crises, scientists may censor or avoid deliberations, and more importantly, be reluctant to volunteer valuable expertise and technology that emergency responders don’t possess.”

Christopher Reddy and Richard Camilli in the Boston Globe:

Late last week, we reluctantly handed over more than 3,000 confidential e-mails to BP, as part of a subpoena from the oil company demanding access to them because of the Deepwater Horizon disaster lawsuit brought by the US government. We are accused of no crimes, nor are we party to the lawsuit. We are two scientists at an academic research institution who responded to requests for help from BP and government officials at a time of crisis.

Because there are insufficient laws and legal precedent to shield independent scientific researchers, BP was able to use the federal courts to gain access to our private information. Although the presiding judge magistrate recognized the need to protect confidential e-mails to avoid deterring future research, she granted BP’s request.

It is the lack of legal protection that has us concerned.

We responded by leading on-site operations using robotic submersibles equipped with advanced technologies that we had developed for marine science. We applied them to measure the rate of fluid release from the well and to sample fluids from within the well. We then volunteered our professional time to scrutinize this data and published two peer-reviewed studies in a respected scientific journal. We determined an average flow rate of 57,000 barrels of oil per day and calculated a total release of approximately 4.9 million barrels.

BP claimed that it needed to better understand our findings because billions of dollars in fines are potentially at stake. So we produced more than 50,000 pages of documents, raw data, reports, and algorithms used in our research — everything BP would need to analyze and confirm our findings. But BP still demanded access to our private communications. Our concern is not simply invasion of privacy, but the erosion of the scientific deliberative process.

Deliberation is an integral part of the scientific method that has existed for more than 2,000 years; e-mail is the 21st century medium by which these deliberations now often occur. During this process, researchers challenge each other and hone ideas. In reviewing our private documents, BP will probably find e-mail correspondence showing that during the course of our analysis, we hit dead-ends; that we remained skeptical and pushed one another to analyze data from various perspectives; that we discovered weaknesses in our methods (if only to find ways to make them stronger); or that we modified our course, especially when we received new information that provided additional insight and caused us to re-examine hypotheses and methods.

In these candid discussions among researchers, constructive criticism and devil’s advocacy are welcomed. Such interchange does not cast doubt on the strengths of our conclusions; rather, it constitutes the typically unvarnished, yet rigorous, deliberative process by which scientists test and refine their conclusions to reduce uncertainty and increase accuracy. To ensure the research’s quality, scientific peers conduct an independent and comprehensive review of the work before it is published.

See my previous post on this technique.

New York Times:

The latest technique used by conservatives to silence liberal academics is to demand copies of e-mails and other documents. Attorney General Kenneth Cuccinelli of Virginia tried it last year with a climate-change scientist, and now the Wisconsin Republican Party is doing it to a distinguished historian who dared to criticize the state’s new union-busting law. These demands not only abuse academic freedom, but make the instigators look like petty and medieval inquisitors.

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8 Responses to “Sound Familiar? Scientists Voice Misgivings over BP’s Use of Private Emails.”


  1. […] background-position: 50% 0px ; background-color:#222222; background-repeat : no-repeat; } climatecrocks.com – Today, 1:25 […]


  2. Seems to me that what the scientific community needs, is it’s own form of chat messenger – some kind of forum where theories and data can be discussed without being recorded. If the law won’t protect the scientific method, then we need a ‘trick’ to render obsolete these invasions of privacy.

  3. Richard Christie Says:

    Good management to issue the press release of concerns before any possible attack is launched based on the email contents.

  4. Martin Lack Says:

    Peter, I must admit I never thought I would see you quoting Eccles. 1:9 but, IMHO, you are absolutely right to do so.
    http://lackofenvironment.wordpress.com/2012/02/18/nothing-new-under-the-sun/

  5. mrsircharles Says:

    BP is not only getting free aid, they’re also getting the rights on personal emails. That’s Corporate America.


  6. […] out of context — BP’s demand for e-mail will erode the scientific deliberative process2012/06/05: PSinclair: Sound Familiar? Scientists Voice Misgivings over BP’s Use of Private Em…2012/06/04: Guardian(UK): BP accused of attack on academic freedoms after scientists […]


  7. […] see Peter Sinclair at Climate Denial Crock of the Week (“Sound Familiar? Scientists Voice Misgivings over BP’s Use of Private Emails.”). And his earlier post (“First They Came for the […]


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