Letters of Recommendation
Elvin Wyly
You've been sent this link because you've asked me to write a letter of recommendation. I'm happy to help. Even so, it's hard to give you a simple, crystal-clear "yes" or "no," because the many different kinds of institutions that demand letters of recommendation are becoming more Kafka-esque, inefficient, and irrational. This page provides some notes on what I'm able to do for you. To preserve my sanity, I've had to come up with a few simple rules. See the guidelines on the right.
I'm sorry for all the drama -- writing letters of reference should be simple and easy. It used to be. But no more. Many institutions now use sophisticated web-based reference systems, and these systems often wind up taking a lot more time and effort than the old-fashioned approach. Just like you, I'm completely overwhelmed with various forms of electronic harassment. Not long ago, I was asked to write a recommendation letter for one of our talented human geography graduates. I enjoyed writing a strong letter, but then when it came time to upload the letter to the three different systems used by three different universities and contractors and subcontractors paid to slice and dice the student population into all those tiers and tranches and categories, things got much more complicated. One system was down for maintenance, so this means that I can't cross this task off my list, and have to come back and try again in a few days. One won't let me submit a recommendation until the student has completed every part of the online application, so I won't be able to finish that one for an undetermined interval of time. One task on my to-do list -- "write letter of recommendation for x" -- has now morphed into two, or three, or who knows how many items I'll have to deal with in the next few weeks. Alas, finally, I came to the third letter the student asked me to submit. This is for a university, but the email comes from some corporate entity called Apply Yourself, Inc. I go through the motions, click all the buttons, jump through all the digital hurdles, and then, right when I'm asked to submit the letter, I am presented with the 'terms of use' below, and I have to "accept" or else the letter won't go through. I pressed "accept" and submitted the letter, without taking the hour or so it would require to read every line carefully to consider the full legal ramifications. What did I just give up? What was in the fine print that I did not read?
Oh, how I long for the Good Old Days of Five Minutes Ago before the latest innovation of digital torture. In the Good Old Days, professors were asked to refer to students by name, and professors were addressed by name, as if they were real, living human beings. Not long ago, a "University" actually addressed me like this:
Please enter the following information when you upload file(s) for the student.
Program Referee's Unique Identifier: 3284-fef5d14a-5790-11e2-93d6-b59a0448b32
Student's Last Name: [REDACTED]
A Real Example of What Happened When I Submitted a Recommendation Online
Not long ago, when a student applied to a shortsighted "higher" education institution that had outsourced its core missions to a private informational harassment firm, I reluctantly went through all the electronic forms to complete a letter of reference. Then I was asked (i.e., forced) to press the "accept" button before the letter would be accepted. I accepted, and thus agreed to every single line of a terms of use document that runs 4,817 words. I wish I could reproduce the full terms of use here, but one of the terms of use makes it clear that the Copyright Thugs®©™ will chase after me if I do: "All material contained on these Sites, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Hobsons does not grant any express or implied right(s) to Users of these Sites." Fortunately, one of the last remaining provisions of fair use and fair dealing in copyright laws that has not been entirely gutted permits the use of short quotes and excerpts for the purposes of review and critique. So it is worth noting that the corporation responsible for these terms of use is quite the perfect and unpleasant embodiment of Joel Bakan's insightful metaphor of the corporation as psychopath.
The terms of use consist of a preamble and twenty-five clauses. The preamble informs the user that by visiting any of the sites maintained by the corporate sociopath, "you the User, indicate that you understand these Terms and Conditions and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them without any limitation or qualification." Really? I was just trying to write a letter of recommendation. Clause 1 grants the user a "personal, revocable, nonexclusive, nontransferable license" to use the site, subject to the restriction that "a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through" the site. Clause 2 warns users that they must provide proper personal identification, and "You also agree not to ... conceal your identity from Hobsons for any purpose." Clause 3 stipulates that any action you take on the sites is equivalent to a legal agreement -- visiting the site constitutes a legally binding agreement to the terms and conditions. Clause 4 is the Our Thugs are Bigger than Your Thugs provision: we own everything and we'll beat you up if there's profit to be made by enforcing the intellectual property rights we've extracted from you when you visited the site and automatically agreed to those legally binding terms and conditions. Clause 5 deals with Hobsons' privacy policy, which, it now becomes clear, is a prime example of an algorithmically automated, digitized form of what David Harvey has analyzed as accumulation by dispossession. Clause 6 puts the user on the hook for maintaining the security of the user's password, and warns users that they "accept all risks of unauthorized access to the Registration Data and any other information you provide to Hobsons." Clause 7 requires you to fully comply with all applicable federal, state, and local laws.
and this goes on, clause after clause after clause, for twenty-five detailed paragraphs...
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