Beruflich Dokumente
Kultur Dokumente
Charles Ess
Chair, ethics working committee, Association of Internet Researchers; Committee for Scientific Freedom and Responsibility, American Association for the Advancement of Science
Outline
1. An ethicists approach
Preliminary overview
3. Cultural Perspectives: 3, 5
4. Meta-ethical concluding questions
Professional Ethics - especially as concomitant with basic research methodology and the professional ethics codes of specific disciplines (sociology, anthropology, etc.), 6 - 14 Human Subjects Protections (basic - deontological - values /rights emphasized in post-WWII Western research ethics codes), 15 - 18
Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (Natural Sciences and Engineering Resarch Council of Canada) <www.nserc.ca/programs/ethics/english/policy.htm>
American Psychological Association, Ethical Principles of Psychologists and Codes of Conduct, 2002 <www.apa.org/ethics/codecompare.html>
an ethical theory claiming that what makes behavior right or wrong depends wholly on the consequences.utilitarianism affirms that what is important about human behavior is the outcome or results of the behavior and not the intention a person has when he or she acts (36: emphasis added, CE).
(From: Deborah Johnson, Computer Ethics, 3rd. ed. Upper Saddle River, New Jersey: Prentice-Hall, 2001.
At work in the RESPECT Guidelines, beginning with 1 and throughout. Central utilitarian issues in research ethics:
Risks of harm to subjects, including psychological harm, breach of trust, expectations established with research subjects, especially through failure to monitor the consequences of research activities, including, e.g., appearance of research in mass media vis--vis possible research benefits (for whom / over what period of time, etc.)
put[s] the emphasis on the internal character of the act itself, and thus focuses instead on the motives, intentions, principles, values, duties, etc., that may guide our choices (Johnson 2001, 42: emphasis added, CE). language of rights including rights fundamental to Human Subjects Protections, i.e., autonomy, privacy, confidentiality, informed consent, freedom from unnecessary harm(s), etc. at least some values, principles, or duties require (near) absolute endorsement no matter the consequences.
Scandinavian Guidelines (NESH, Swedish Research Council), EU Data Privacy Protection Guidelines deontological emphases on individual rights vs. U.S. law, policy, as more oriented towards the market, stressing corporate/business rights over individuals (e.g., shrink-wrap licenses) utilitarian emphases See aoir ethics document for discussion <www.aoir.org/reports/ethics.pdf>
Contemporary feminist ethics / ethics of care / dialogical ethics / open source ethics [AoIR, RESPECT processes] [recovery of premodern traditions] [movement towards global dialogue, ethics]
Contemporary feminist ethics / virtue ethics / ethics of care / dialogical ethics / Good Samaritan ethics, etc.:
(From Carol Gilligan and others): women as a group tend to emphasize the details of relationships and caring, choosing those acts that best sustain the web of relationships constituting an ethical community in contrast with men who as a group tend to rely more on general principles and rules. NOT an either / or but a both / and
Ethics of Care
Reinforced especially by Postmodern critiques of Modern rationalism and the Enlightenment (if not Western) project of discerning ethical universals valid for all times / peoples / circumstances
(see: Margaret Emerton, Ethical and Methodological Problems in Online Research. Available from the author: <me21@uow.edu.au>)
Contemporary examples:
R. Capurro & C. Pingel. 2002. Ethical Issues of Online Research. Ethics and Information Technology (4:3). <www.nyu.edu/projects/nissenbaum/projects_ethics.html> D. Berry. 2003. Internet Research: Privacy, Ethics and Alienation An Open Source Approach. <www.sussex.ac.uk/Users/hbp17/>
How do the RESPECT guidelines fit these (Western) ethical categories especially deontology and utilitarianism?
Where D / U approaches converge : 2 [also: 4, 6] Where D / U approaches conflict: 11, 5 Where D / U approaches are distinct: 1 [U] / 15-18 [D]
Autonomy (freedom)
rights to informed consent / confidentiality anonymity / protection against undue risk of harm [These are articulated here in Guidelines 15 - 18]
Deontologist: just law rooted in (quasi- or soft) universals of human rights, etc. cannot be disobeyed. (Cf. Martin Luther King, Letter)
Utilitarian: breaking the law has consequences/costs. Convergence: the utilitarian and the human rights deontologist might agree that it is best not to break those laws designed to protect basic human rights.
11. Researchers and commissioners should reflect on the consequences of research engagement for all participants
Utilitarian - we reflect on these consequences in order to determine if the costs outweigh the benefits. Deontological - are there some costs that are so high that no research benefit can justify them? Example: in a chatroom that functions as a support group for incest survivors both the overt and covert presence of a researcher might destroy the sense of privacy, intimacy, and trust that is crucial for the support group to function. What possible research outcomes are worth this risk / cost to the chatroom participants?
Utilitarian:
It is arguable that if great benefit is to be gained from the study, then even high costs to individual human beings ranging from psychological and reputational harms to ones very life - can be justified.
the morality of fascism - including the medical experiments in the Nazi death camps;
the morality of racism as the Tuskeegee study shows.
Problem for the utilitarian: who are the relevant stakeholders and how is their membership in the moral community to be determined?
Deontological - in some cases, basic rights may come into play (e.g., to confidentiality, anonymity, etc.) that will limit - or, in worst-case scenarios, eliminate a research design. National / International: These rights are construed differently depending on national law and traditions of ethical decisionmaking
utilitarian
ethical stance.
Involving the Virtual Subject: Conceptual, Methodological and Ethical Dimensions. Ethics and Information Technology 2 (4), 233-240.)
NESH Guidelines: very deontological, favoring the individual citizen and his/her close relations protections over other interests <www.etikkom.no/Engelsk/NESH>
Contra U.S. laws (more utilitarian, market-based, favoring the benefit of business and thus the larger economy over individual interests in privacy, etc. - see AoIR Guidelines for discussion)
3. Cultural: where relevant (especially guidelines 3-5) - what differences in foundational cultural values are important for researchers to note?
Contrast/Conflict
white middle class males vis--vis females / AfricanAmericans / Hispanics / AsianAmericans / Native Americans (Stewart et al, 2001)
Singapore; Japan (Heaton, 2001); Malaysia (Abdat & Pervan, 2000) Indonesia (Rahmati, 2000); Thailand (Hongladarom, 2001)
Comment: understanding of what constitutes harm may have a gendered component U.S. example of rape in cyberspace in which words constituted harm for the female victim - vs. legal definitions of harm as physical harm (real rape)
Cultural contrasts different cultural groups use / respond to media, including new media, in diverse ways: the choice of media for research thus itself may contain biases, affordances that inadvertently exclude specific groups.
Applies as well to immigrant communities: Mary Wilson. 2002. Communication, organizations and diverse populations. In F. Sudweeks & C. Ess (eds.), Cultural Attitudes towards Technology and Communication 2002, 69-88. Murdoch, Western Australia: School of Information Technology, Murdoch University.
Cultural Contrasts
See: Technologies of Despair and Hope: CMC in the Middle East, Journal of Computer-Mediated Communication, Vol. 8, issue 2, 2003, <http://www.ascusc.org/jcmc/>, especially Deborah Wheeler, Kuwaiti Youth and the Net <http://www.ascusc.org/jcmc/vol8/issue2/wheeler.html>
U.S. context: no expectations of privacy (vs. psychologists office, etc.) Therefore, no informed consent required (Walther, 2002)
Norway: people do not expect to be recorded in public without consent. Therefore, informed consent required (Elgesem, 2002)
4) Enforcement mechanisms
First Principles
E.U. citizens enjoy a priority on individual privacy vis-avis business interests -i.e., a deontological emphasis on respect for persons in the form of privacy protections -vs. U.S. favoring business interests over individual privacy: no such privacy protections: rather, businesses are allowed to establish their own privacy policies, requiring the consumer to (a) inform him/herself of the policy and then (b) decide whether to agree or opt-out - i.e., a utilitarian emphasis on the good of the many (minimal state intervention greater economic efficiency) over possible violations of individual rights
the European model is one in which omnibus legislation strives to create a complete set of rights and responsibilities for the processing of personal information, whether by the public or private sector. First Principles become statutory rights and these statutes create data protection supervisory agencies to assure oversight and enforcement of those rights. Within this framework, additional precision and flexibility may also be achieved through codes of conduct and other devices. Overall, this implementation approach treats data privacy as a political right anchored among the panoply of fundamental human rights and the rights are attributed to data subjects or citizens. (1331f.)
By contrast, the United States is distinctive in its approach, in which the primary source for the terms and conditions of information privacy is self-regulation. Instead of relying on governmental regulation, this approach seeks to protect privacy through practices developed by industry norms, codes of conduct, and contracts rather than statutory legal rights. Data privacy becomes a market issue rather than a basic political question, and the rhetoric casts the debate in terms of consumers and users rather than citizens. (1332) - i.e., a consequentialist position, one that emphasizes economic benefit at large over possible risks to individual privacy.
J. Walther. 2002. Research Ethics in Internet-Enabled Research: Human Subjects Issues and Methodological Myopia. Ethics and Information Technology, 4(3). <www.nyu.edu/proejcts/nissenbaum/ethics_walther.html>
C. Ess. 2002. Introduction, special issue on Internet Research Ethics. Ethics and Information Technology 4(3), 177-188.
<www.nyu.edu/projects/nissenbaum/ethics_ess.html>
B. An ethical starting point: the Golden Rule of perspective-taking? i) Never treat a research subject online in a way that you would not be comfortable explaining to that person face-to-face. ii) (Habermasian/feminist perspective taking - or: love your neighbor as yourself): Before deciding on a research design and the specific ethical elements you will follow (e.g., either to ask for informed consent or not, whether to use pseudonyms or not, etc.) - ask: if you were the research subject, how would you want to be treated?
B. An ethical starting point: the Golden Rule of perspective-taking? Critique: the researcher cannot place himself/herself in the place of the subject - in part because of the diversity of (rapidly changing) venues. Allen, Christina. 1996. Whats Wrong with the Golden Rule? Conundrums of Conducting Ethical Research in Cyberspace. The Information Society 12 (2), 175 187.
B. An ethical starting point: the Golden Rule of perspective-taking? My critique of the critique: perhaps - but taken to the logical extreme, this becomes a relativism that would also mean that whatever we learn from the subjects as different from the observer/scientist may have no relevance to any other subjects!