Slides
Bibliography
- [mansbridge_cracking_2005] Mansbridge, Cracking Through Hegemonic Ideology: The Logic of Formal Justice, Social Justice Research, 18(3), 335-347 . link. doi.
ACM CODE and Professional Responsibility
A Principled Approach
Despite the popularity of principlism as a framework for clinical ethics, there is empirical evidence that education in such principles of ethics does not affect moral decision making as much as do culture, personal history, and social and institutional context. Indeed, it is sometimes difficult in practice to balance all the principles equally and simultaneously, inasmuch as an emphasis on one principle often minimizes that on another.
Issues
- Professional
- Legal
- Moral
Harms: Marriott Data Breach
- ~117 Million unique with info like:
- Passport Numbers (Unencrypted and Encrypted)
- 8.6 million Credit Card Numbers (In Some Cases) (Encrypted according to company)
- Reservation and Loyalty Info
- SQL Injection Attack (2014)
Professional
To minimize the possibility of indirectly or unintentionally harming others, computing professionals should follow generally accepted best practices unless there is a compelling ethical reason to do otherwise. Additionally, the consequences of data aggregation and emergent properties of systems should be carefully analyzed.
Professional: Security
2.9 Design and implement systems that are robustly and usably secure.
Breaches of computer security cause harm. Robust security should be a primary consideration when designing and implementing systems. Computing professionals should perform due diligence to ensure the system functions as intended, and take appropriate action to secure resources against accidental and intentional misuse, modification, and denial of service. As threats can arise and change after a system is deployed, computing professionals should integrate mitigation techniques and policies, such as monitoring, patching, and vulnerability reporting. Computing professionals should also take steps to ensure parties affected by data breaches are notified in a timely and clear manner, providing appropriate guidance and remediation.
Security
Computing professionals are in a position of trust, and therefore have a special responsibility to provide objective, credible evaluations and testimony to employers, employees, clients, users, and the public. Computing professionals should strive to be perceptive, thorough, and objective when evaluating, recommending, and presenting system descriptions and alternatives. Extraordinary care should be taken to identify and mitigate potential risks in machine learning systems. A system for which future risks cannot be reliably predicted requires frequent reassessment of risk as the system evolves in use, or it should not be deployed. Any issues that might result in major risk must be reported to appropriate parties.
Bobby Tables
Security Auditing and Disclosure
Who should have known?
- There was evidence of a breach as early as 2014
- When Marriott bought Starwood, should there have been some kind of security audit?
Legal Negligence
If managers take actions that leave their information systems unreasonably insecure or if they fail to take actions to make their information systems reasonably secure and as a result someone suffers damages when those systems are penetrated, the managers and their organization may be sued. (Gardiner)
Reasonable Person
Possibly it serves to bring this notion into relief to state it in algebraic terms: if the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B less than PL.
ICTs and Disruption
- logical universality and malleability
- Mediate Human Activities
- Thereby altering them
- Cyberpractices
I understand a social practice as any recurrent pattern of activity in which people intentionally cooperate in the pursuit of some end or set of goods.
Informational Enrichment
- Policy Vacuum
- Conceptual Muddles
- Moral Opacity
Conceptual Muddles
New digital technology creates a conceptual muddle when it changes a social practice or activity in such a way that some concept or set of concepts connected with the practice or activity becomes unclear or contentious for members of the practice.
Policy Vacuums
- some regular activity or area of social practice is of moral concern
- standards of appropriate behavior and technological design for that activity or practice are non-existent, outdated, or poorly conceived
Moral Opacity
insofar as the people involved are unaware of its morally problematic features, either because they lack knowledge of the technology itself or because they fail to notice the values embedded in the ICT design or use.
Moral Triggers
More broadly,each ethical theory can alert us to “moral triggers”—morally problematic uses and effects of ICTs in social-institutional domains and practices,those places where new cyberpractices call for moralinquiry.
Types of Ethics
- Ethics of Character
- aretaic
- Ethics of Conduct
- deontic
- Right V. Good
Socially Practical Conscience formation
- Not just Personal
- realistic social consequences
- Dialogically responsible
#+ENDQUOTE
Feenberg
- One-Way Causal Interaction
- Two-Levels
- Technology is based on abstraction, it gets exported anywhere
- Nonetheless, technology interacts with particular environments
The Revealing
- Hydro-elctric Dam
Critical Theory: Marcuse
Technology, as a mode of production, as the totality of instruments, devices and contrivances which characterize the machine age is thus at the same time a mode of organization and perpetuating (or changing) social relationships, a manifestation of prevalent thought and behavior patterns, an instrument for control and domination. Technics by itself can promote authoritarianism as well as liberty, scarcity as well as abundance, the extension as well as the abolition of toil.
Rationality and Efficiency
- Another abstraction occurs when we think of technology as non-reciprocal
- This is where Feenberg agrees with Heidegger.
- Nonetheless, according to Feenberg resistance is possible.
Operational Autonomy
- Of the owners
Gaver
But equally, designs based primarily on users’ current articulated needs and tasks can overlook potential innovations suggested by new technologies. We must understand the needs and abilities of prospective users. But equally, we must understand the capabilities and limitations of technologies in order to know the possibilities they offer for design.
Amish Technology
Flourishing and Virtue
- Self-Directed realization of distinctively human capacities.
- Emotional, Social, Intellectual
List Theories
- Finnis V. Nussbaum
- Cyber: life, health, security, knowledge, opportunity, abilities, happiness, peace, and most of all, freedom
What is a virtue
- A habit to have appropriate feelings (actions)
- Intermediate between excess and deficiency
- Moral Exemplars ( phronimos, chun-tzu, boddhisatva)
Cardinal Virtues
- Temperance
- Courage
- Justice
- Prudence
Shannon Vallor
No ethical framework can cut through the general constraints of technosocial opacity. The contingencies that obscure a clear vision of even the next few decades of technological and scientific development are simply far too numerous to resolve— in fact, given accelerating physical, geopolitical, and cultural changes in our present environment, these contingencies and their obscuring effects are likely to multiply rather than diminish. What this book offers is not an ethical solution to technosocial opacity, but an ethical strategy for cultivating the type of moral character that can aid us in coping, and even flourishing, under such challenging conditions.
Aristotelian and Technomoral
Vallor | Aristotle | definitions |
---|---|---|
Self-Control | Temperance (yi) | desire the goods of human flourishing |
Honesty | aletheia | a respect for truth |
Humility | Pride/Honor (Hsiao) | a recognition of our limits |
Upholding Rightness | Justice | fair and equitable distribution |
of the benefits and risks of ICTs | ||
Courage | Courage | Intelligent Fear and Hope |
More Technomoral Virtues
- Empathy (jen/friendship)
- Care: Loving Service to Others
- Civility: Making Common Cause (li)
- Flexibility: Skillful Adaptation to Change
- Perspective: Holding on to th Moral Whole
- Magnanimity: Moral Leadership and Nobility of Spirit
- Techno-Moral Wisdom (Phronesis, Chih)
Disadvantages
- Particularism
- Change
The Human Good
- The Final End
- Human Flourishing
Flourishing
- Basic Values
- Capabilities
Weighing Ends in Deliberation
- Central to Flourishing
- Interpretation and Individuality
Virtue
- temperance
- courage
- justice
- prudence
Focus Mode
Consequentialism
- describable consequences brought about by the target of moral evaluation
- specification of those values that make the consequences relevant for moral consideration
Evaluating Policies
- CBA
- Risk Analysis
- Pleasure and Pain
Malevolence Counts
Harm
The primary mischief of an act can be divided into •the original mischief: what comes to any person P1 who is a sufferer in the first instance and on his own account; the person, for instance, who is beaten, robbed, or murdered; and •the derivative mischief: what comes to any person P2 because—and only because—of primary mischief suffered by P1.
Secondary Mischief
The secondary mischief often involves two strands, pain and danger. The pain it produces is a pain of anxiety, a pain based on the •fear of suffering mischiefs or inconveniences that it is the nature of the primary mischief to produce. We can give it the one-word label alarm. The danger is the •chance of suffering those mischiefs or inconveniences. Danger is nothing but the chance of pain, which is the same as the chance of loss of pleasure.
Panopticon
Panopticism
“the most effectual means of applying the force of moral motives, in a direction tending to strengthen the union between his interest and the humane branch of his duty; by bringing to light, and thus exposing to the censure of the law and of public opinion … every instance of contravention”
CBA/Risk Analysis
- Pro-Con Fallacy
- Confirmation Bias
- Narrow Consequences
The Right and Proper
"the greatest happiness of all those whose interest is in question [is] the right and proper, and the only right and proper and universally desirable, end of human action"
- aggregative
The Principle
an action or measure of government may be said to be conformable to the principle of utility, or, for shortness sake, to utility, (meaning with respect to the community at large) when the tendency it has to augment the happiness of the community is greater than any it has to diminish it
Stakeholders
Second, for each alternative, (a) describe the different consequences of that alternative for the "community," which is everyone affected, or each of the stakeholders, (b) take the perspective of each stakeholder and ask how the consequences affect his or her interests, calculating the net balance of pleasure over pain for that stakeholder; then (c) aggregate the results for the individual stakeholders to obtain the net balance of pleasure over pain for the whole community; this result is the social utility of that alternative
Proxies for Value: Maximand
- Monetary
- How much effort
- Perfectionist
- Non-canonical
- Capabilities (Sen)
- Non-Domination (Pettit)
Impartiality
- Special Relationships and Duties
- Nothing Supererogatory
- Distributive Indifference
Justice
- Institutions
- No dignity,
- Relations of Respect
- Separteness of Persons
Deontology
Deontology
Universal Law Formula
Act only according to that maxim whereby you can at the same time will that it should become a universal law
Contradictions
- system collapse
- Perfect duties
- Necessary frustration of the rational pursuit of life goals
- Imperfect duties
Biases
- Cultural
- Unconscious
Humanity Formula
Act in such a way that you treat humanity, whether in your own person or in the person of another, always at the same time as an end and never simply as a means
Moral Autonomy
- Respect Freedom
- Could they consent?
Cogency
[G]ood arguments in most problem-solving or truth-seeking domains are those that prove generally persuasive under conditions that foster severe testing of assumptions and inferences against counterarguments, objections, consideration of all relevant information, and the like.
Systematic Union of Rational beings
Act only according to those policies that all rational beings could agree to as legislators making laws for a kingdom of ends.
Publicity
All actions relating to the right of other human beings are wrong if their maxim is incompatible with publicity. (Toward Perpetual Peace)
Conscience
- Answerability to Interpersonal Demands
- "Representative Person"
- "If we are not to undermine autonomy, then when we test a behavior or social practice for its moral acceptability, we must take its longer-range consequences for the exercise of autonomy into account."
Scanlon
An act is wrong if its performance under the circumstances would be disallowed by any set of principles for the general regulation of behavior that no one could reasonably reject as a basis for informed, uncoerced, general agreement
Habermas
a moral norm is valid when the foreseeable consequences and side-effects of its general observance for the interests and value-orientations of each individual could be jointly accepted by all concerned without coercion in a rational discourse
Hypothetical Acceptability (from Gordon‐Solmon 2019)
It would be unreasonable to reject a principle because it imposed a bur- den on you when every alternative principle would impose much greater burdens on others [at least one person].
Principle of Moral Regard
One may act only in ways that show due moral regard for human beings as members of society, that is: respect for the agency of human beings as autonomous, and concern for the needs of dependent human beings.
WOW
All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and. any related documentation) are owned or licensed by Blizzard.
Unconscionability
A defense against the enforcement of a contract or portion of a contract. If a contract is unfair or oppressive to one party in a way that suggests abuses during its formation, a court may find it unconscionable and refuse to enforce it. A contract is most likely to be found unconscionable if both unfair bargaining and unfair substantive terms are shown. An absence of meaningful choice by the disadvantaged party is often used to prove unfair bargaining.
Moor: Just Consequentialism
Systematic Union of Rational beings
Act only according to those policies that all rational beings could agree to as legislators making laws for a kingdom of ends.
Publicity
All actions relating to the right of other human beings are wrong if their maxim is incompatible with publicity. (Toward Perpetual Peace)
Conscience
- Answerability to Interpersonal Demands
- "Representative Person"
- "If we are not to undermine autonomy, then when we test a behavior or social practice for its moral acceptability, we must take its longer-range consequences for the exercise of autonomy into account."
Scanlon
An act is wrong if its performance under the circumstances would be disallowed by any set of principles for the general regulation of behavior that no one could reasonably reject as a basis for informed, uncoerced, general agreement
Habermas
a moral norm is valid when the foreseeable consequences and side-effects of its general observance for the interests and value-orientations of each individual could be jointly accepted by all concerned without coercion in a rational discourse
Principle of Moral Regard
One may act only in ways that show due moral regard for human beings as members of society, that is: respect for the agency of human beings as autonomous, and concern for the needs of dependent human beings.
Principle U
A moral norm is valid when the foreseeable consequences and side-effects of its general observance for the interests and value-orientations of each individual could be jointly accepted by all concerned without coercion in a rational discourse
Substance of Habermas
- Commit ourselves to respecting people as dialogically autonomous agents.
- relative force of different impacts
Moor
A policy is just only if no rational impartial person would reject it as doing unjustifiable harm to the core human values of life, happiness, and autonomy, or the human rights that protect those values.
- Rights as necessary conditions
Intermediate
- Substance of value
ICA
(ICA) A cyberpractice CP is morally acceptable only if all reasonable, conscientious stakeholders could agree, on the basis of perspective-sensitive good reasons, that the impacts of CP (i.e., CP and its reasonably foreseeable consequences) are consistent with due moral regard for each stakeholder's autonomous pursuit of values, and dependent satisfaction of needs.
Categories of Values
- Understanding a value means knowing how to value it.
- Presumptive force of values
- Nonetheless, Values must be interpreted
ICA
- Heavy Burden
- Morally self-serving
Essentially Contestable Values
- Inherently open to different interpretations and weightings
Comprehensive CyberEthics
- Formal
- Substantive
CP(p)
- The specific policy within a cyberpractice
DCE
(DCE) A cyberethical evaluation regarding the moral acceptability of cyberpractice CP(p) is dialogically cogent insofar as it is supported by perspective-sensitive good reasons that can lead all reasonable, conscientious stakeholders to agree that the foreseeable impacts of CP(p) are (are not) consistent with due moral regard for each stakeholder's autonomous pursuit of values, and dependent satisfaction of needs.
Dialogically Responsible
- Formal Condition
to the extent that we take account of, and strive to respond to, the views that have been put forward in different venues by the various stakeholders who give evidence of good faith.
Q(sub)
Are CP(p) and its reasonably foreseeable impacts consistent with due moral regard for each stakeholder's autonomous pursuit of values, and dependent satisfaction of needs?
Q(PM)
(QPM) To what extent does my scrutiny of the relevant perspectives and public process of discourse on the issue warrant confidence that my answer to the substantive question (QSUB) enjoys public merits—i.e., that it can hold up as tenable across those relevant expert and stakeholder perspectives that qualify as reasonable and conscientious?
Dialogical Responsibility
- Reasonable Acceptance
- Conscientious
- Expertise
- Well-Structured Networks of Communication
- Macro-social
Polarization
- Echo Chamber
Conclusion:
I am confident that most people, when well informed, would be open to a little inconvenience in the furtherance of the common good. Wouldn’t you be willing to drive a few extra minutes to spare a neighborhood and improve the environment?
https://spectrum.ieee.org/computing/hardware/your-navigation-app-is-making-traffic-unmanageable
Public Merits
- High
- Mixed
- Low
- Absence
Inherent Matters of Collective Judgment
To publish is thus to claim that one's research findings are fruitful for further inquiry, something other scientists can build on. Consequently, the value of research to inquiry as a cooperative endeavor is inherently a matter for collective judgment. To qualify as fruitful for inquiry, after all, different research teams and laboratories should be able to benefit from the work.
Good Theories
- Empirically Adequate
- Supported by Sufficient Evidence
- Wide Explanatory Scope
- Support Predictions and Retrodictions
- Avoid ad hoc adjustments
- Frutiful for further research
PSGR
We could then define "perspective-sensitive reasons" as reasons that connect with the different perspectives on the issue, and we could define good perspective-sensitive reasons as perspective- sensitive reasons that find acceptance and thus enjoy public merits.
Networks of Communication
- Whether venues of communication exist to distribute relevant information and arguments across mutually relevant publics
- Whether widespread biases, prejudices, mutual suspicion, and the like block an argument's travel across contexts, or foster the spread of dubious arguments
- Whether misinformation has distorted how arguments travel
Issue Definition
- Public Merits: Framing
- Impact Analysis
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Conscientious Stakeholders
- Conscientious and Reasonable Stakeholders
- Careful Well-thought out arguments
- It's not opinion, it's argument and the judgment of its cogency by C&R stakeholders
Arguments are evaluated from perspectives
For dialogically responsible cyberethics, every conscientious, reasonable stakeholder qualifies as a judge of cogent cyberethical argument—which is not to say: a self-sufficient authority on morality, but rather: someone who has a legitimate place in the moral dialogue.
Arguments
- Truth: its supporting reasons are true or plausible,
- Relevance: the supporting reasons genuinely connect with the moral question as formulated
- Sufficient support: the reasons provide sufficient basis for regarding the moral question as a serious one
- Nonfallacious reasoning: the argument avoids fallacies, for example, the moral question is not loaded, does not rely on a dubious slippery slope assumption, etc.
How long does the dialogical process take
- Stakeholders may change
- Moral opacities can cleared up
- Policy vacuums are filled
- The process is indefinite
How to balance important values with less weighty but wider impact values
- Morally Conscientious stakeholders take greater goods into account
- Some realy weighty values can displace a really widely-felt inconvenience
What happens if you miss a stakeholder
- It makes your argument weaker
- In some cases, it could invalidate your argument
Is there always a satisfactory answer
- Some values may be incommensurable
- Counter-arguments may be tenable, but also inconclusive
Clarifying the Question
- What Question are we asking
Issue Definition
Impact Analysis
Impact Analysis
Judgment of Values
- Clarify concepts
- Negation vs Undermining Pursuit
- Probability of impacts
- Short vs. long term impacts
Is it consistent with DMR?
- Due Moral Regard
Public Merits Evaluation
- What are the relevant perspectives for evaluating the dialogical cogency of your argument? This normally includes every (non-malicious) stakeholder perspective and every relevant expertise.
#2
- Have you found reasonable arguments from conscientious stakeholders for every stakeholder & expert perspective? Or are some perspectives inherently uninterested in moral discourse?
#3
- Is there evidence of good communicative channels across perspectives, so that their views are well-informed?
Privacy
The Voyeur Motel: Gerald Foos
The reason for purchasing this motel was to satisfy my voyeuristic tendencies and compelling interest in all phases of how people conduct their lives, both socially and sexually. . . . I did this purely out of my unlimited curiosity about people and not as just a deranged voyeur
Whoa!
I have seen most human emotions in all their humor and tragedy carried to completion. Sexually, I have witnessed, observed and studied the best first hand, unrehearsed, non-laboratory sex between couples, and most other conceivable sex deviations during these past 15 years. My main objective in wanting to provide you with this confidential information is the belief that it could be valuable to people in general and sex researchers in particular.
Gay Talese on Foos
I asked Foos if he ever felt guilty about spying on his guests. While he admitted to constant fear of being found out, he was unwilling to concede that his activities in the attic brought harm to anyone. He said that he was indulging his curiosity within the boundaries of his own property, and, because his guests were unaware of his voyeurism, they were not affected by it. He reasoned, "There's no invasion of privacy if no one complains."
Privacy: Warren and Brandeis
The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
More W&B
the intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprises and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury
Julie Cohen
Privacy is not an abstract right or a static good to be traded off against other possible goods; nor is it a conceptual and historical anachronism. It is both a structural condition and a related entitlement. The condition of privacy is dynamic and is best described as breathing room for socially situated subjects to engage in the processes of boundary management through which they define and redefine themselves as subjects.
Information Privacy
(1) information about oneself, (2) situations in which others could acquire information about oneself, and (3) technology that can be used to generate, process or disseminate information about oneself.
Philosophy and Privacy
- Reductionist
- rights
- property rights
- security
- intimacy
- dignity
- Intrinsic Value of Privacy
- Non-Essentialist
- Epistemic
Conditions vs Normative
Moral Reasons
- Prevention of Harm
- Informational Inequality
- Informational Discrimination
- Moral Autonomy
What is it
- Informational control?
2. Liberty, Autonomy, Personality
- We must therefore conclude that the rights, so protected, whatever their exact nature, are not rights arising from contract or from special trust, but are rights as against the world; and, as above stated, the principle which has been applied to protect these rights is in reality not the principle of private property, unless that word be used in an extended and unusual sense. The principle which protects personal writings and any other productions of the intellect of or the emotions, is the right to privacy, and the law has no new principle to formulate when it extends this protection to the personal appearance, sayings, acts, and to personal relation, domestic or otherwise.
Moor on Privacy
A citizen or person C enjoys normative privacy with respect to personal information I in situation S to the extent that
- authorized access to I in S is restricted to specified parties for
specified purposes,
- according to publicly stated rules of access,
- exceptions to which must be impartially justified by a comparative risk assessment and codified as public adjustment rules, such that
- C enjoys as much control over access as possible mansbridge_cracking_2005.
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