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The RESPECT Guidelines: Ethical,

Cultural, and Meta-EthicalConsiderations

Charles Ess

Chair, ethics working committee, Association of InternetResearchers;

Committee for Scientific Freedom and Responsibility,

American Association for the Advancement of Science

Interdisciplinary Studies, Drury University

[email protected]

www.drury.edu/ess/ess.html

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Philosophical Prelude - NietzscheIt is the Age of comparison! That is its pride but also what it

suffers from. Let us not fear this suffering! On the contrary,we want to understand the task set before us by the Age ascomprehensively as we can. And so the world following ours(Nachwelt) will bless us. That world will be as much beyondthe original but utterly closed off cultures of isolated peoples,as it is also beyond the culture of comparison: but that worldwill also look back with gratitude on both kinds of culture ashonorable antiquities.

-- Nietzsche, Menschliches, Allzumenschliches, ErstesHauptstck, 23. In Rolf Elberfeld, Einleitung. Vom Nutzenkomparativer Ethik fr die Gegenwart,in Rolf Elberfeld andGnter Wohlfart (eds.), Komparative Ethik: Das gute lebenzwischen den Kulturen (Acadmie du Midi), 12. 2002. Cologne:

edition chora.

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Philosophical Prelude - NietzscheEs ist das Zeitalter der Vergleichung! Das ist sein Stolz, - aberbillgerweise auch sein leiden. Frchten wir uns vor diesemLeiden nicht! Vielmehr wollen wir die Aufgabe, welche dasZeitalter uns stellt, so gross verstehen, als wir nur vermgen:so wird uns die Nachwelt darob segnen, - eine Nachwelt, dieebenso sich ber die abgeschlossenen originalen Volks-

Culturen hinaus weiss, als ber die Cultur der Vergleichung,aber auf beide Arten der Cultur als auf verehrungswrdigeAlterthmer mit Dankbarkeit zurckblickt.

-- Nietzsche,Menschliches, Allzumenschliches, Erstes

Hauptstck, 23. In Rolf Elberfeld, Einleitung. Vom Nutzenkomparativer Ethik fr die Gegenwart, in Rolf Elberfeld andGnter Wohlfart (eds.), Komparative Ethik: Das gute lebenzwischen den Kulturen(Acadmie du Midi), 12. 2002. Cologne:

edition chora.

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Outline

1. An ethicistsapproach

Preliminary overview

Deontology vs. utilitarian approaches + other/globalethics

Initial overview of Guidelines in terms of deontology [D] / utilitarian

[U] basesWhere D / U approaches converge: 2 [4, 6,]

Where D / U approaches conflict: 11[ 5]

Where D / U approaches are distinct:

1 [U] / 15-18 [D] possible tensions in Guidelines?

2. Convergences / Divergences in Inter/national law: 23. Cultural Perspectives: 3, 5

4. Meta-ethical concluding questions

[5. Suggestions for a Global Research Ethics]

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1. An Ethicists First PerspectiveThe guidelines can be helpfully understood to be divided as

follows:Utilitarian starting point: research must balance benefits andcosts (1)

Professional ethics - especially as oriented towards deontological /

basic rights / respects perspectives, 2 - 5

Professional Ethics- especially asconcomitant with basic researchmethodology and the professional ethics codes of specificdisciplines(sociology, anthropology, etc.), 6 - 14

Human Subjects Protections (basic - deontological - values/rights emphasized in post-WWII Western research ethicscodes), 15 - 18

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1. An Ethicists First PerspectiveHuman Subjects Protections: post-WWII Western

research ethics codes, e.g.Office for Protection from Research Risks, National Institutes of Health,Department Of Health And Human Services. 1991. Code of FederalRegulations. 1991. Title 45, Part 46, Protection of Human Subjects..

Tri-Council Policy Statement: Ethical Conduct for Research InvolvingHumans (Natural Sciences and Engineering Resarch Council of Canada)

American Psychological Association, Ethical Principles of Psychologistsand Codes of Conduct, 2002

See: AoIR ethics report for more extensive list

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2. Deontology, Utilitarianism,

and other/global ethics

Utilitarianism and Deontology: two interwoven but distinctapproaches to ethical decision-making

Definitions: UTILITARIANISM

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 orresults 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.

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2. Deontology, Utilitarianism,

and other/global ethicsUTILITARIANISM

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, expectationsestablished with research

subjects, especially throughfailure to monitor the consequencesof research activities,including, e.g., appearance of research in mass media

vis--vis possible research benefits (for whom / over

what period of time, etc.)

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2. Deontology, Utilitarianism, and other/global ethics

Definitions: DEONTOLOGYput[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 rightsincluding rights fundamental to

Human Subjects Protections, i.e., autonomy, privacy,

confidentiality, informed consent, freedom fromunnecessary harm(s), etc.

at least some values, principles, or duties require (near)

absolute endorsementno matter the consequences.

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Intersects with cultural/national differences:

Scandinavian Guidelines (NESH, Swedish Research

Council), EU Data Privacy Protection Guidelines

deontologicalemphases 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


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But thats not all Virtue Ethics

from Plato and Aristotle. The English word virtue in this contexttranslates the Greek arete -better translated as excellence. In this

tradition, ethics was concerned with excellences of human

character. A person possessing such qualities exhibited the

excellences of human goodness. To have these qualities is to

function well as a human being (Johnson 2001, 51).

Contemporary feminist ethics / ethics of care /

dialogical ethics / open source ethics

[AoIR, RESPECT processes]

[recovery ofpremoderntraditions]

[movement towardsglobaldialogue, ethics]

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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 emphasizethe details of relationshipsand caring,choosing those acts that best sustain the web of

relationships constituting an ethical community

in contrast with men who as a group tendto rely more on

general principlesand rules.

NOT an either / orbut a both / and


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Ethics of Care

Reinforced especially by Postmodern critiques of Modernrationalism and the Enlightenment (if not Western) project of

discerning ethical universalsvalid for all times / peoples /

circumstances(see: Margaret Emerton, Ethical and Methodological Problems in Online

Research. Available from the author: )

Contemporary examples:

R. Capurro & C. Pingel. 2002. Ethical Issues of Online Research.

Ethics and Information Technology(4:3).

D. Berry. 2003. Internet Research: Privacy, Ethics and Alienation

An Open Source Approach.


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Ethics of Care // Confucian ethics, etc.

movement towardsglobaldialogue, ethics, e.g.Chenyang Li. Revisiting Confucian Jen Ethics and Feminist

Care Ethics: A Reply. Hypatia: a Journal of Feminist

Philosophy. Winter, 2002. 130-140.

Henry Rosemont, Jr.Rationality and Religious Experience:

The Continuing Relevance of the Worlds Spiritual

Traditions. LaSalle, Illinois: Open Court, 2002.

Charles Ess. Forthcoming. Computer-Mediated Colonization,

the Renaissance, and Educational Imperatives for an

Intercultural Global Village. In Robert Cavalier (ed.), The

Internet and our Moral Lives. Albany, NY: SUNY Press.


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How do the RESPECT guidelines fit these(Western) ethical categoriesespecially

deontology and utilitarianism?

Where D / U approaches converge : 2[also: 4, 6]

Where D / U approaches conflict: 11, 5


1 [U] / 15-18 [D]

possible tensions in Guidelines?


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Where D / U approaches converge:

2. Professional integrity must be balanced with respect

for national and international lawDeontological: both professional ethics standards and

inter/national law may codify absolute values - firstof all, those basic to Human Subjects Protectionscodes:

Autonomy (freedom)

rights to informed consent / confidentiality -anonymity / protection against undue risk ofharm

[These are articulated here in Guidelines 15 - 18]

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2. Professional integrity must be balanced withrespect for national and international law

Deontologist: justlaw rooted in (quasi- or soft)universals of human rights, etc. cannot bedisobeyed. (Cf. Martin Luther King, Letter)

Utilitarian:breaking the law hasconsequences/costs.

Convergence: the utilitarian and the human rightsdeontologist might agree that it is best not tobreak those laws designed to protect basic

human rights.

Where D / U approaches converge:

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[PROFESSIONAL / METHODOLOGICAL ETHICS (6 - 14)]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 noresearch benefit can justify them?

Example: in a chatroom that functions as a support group forincest survivors both the overt and covert presence of aresearcher 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?

Where D / U approaches conflict:

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Deontological:

In case of a conflict between probable harm to a humanbeing and the outcomes of the study - the harm to ahuman being is to be avoided, even at the cost of the

study.

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 toonesvery life - can be justified.


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Utilitarian Analogies: sacrifice of the few for the many in

warfare (bombing of Coventry)

medicine (Tuskeegee Institute Syphilis Study)

Deontological counterpoints:the morality of fascism - including the medical

experiments in the Nazi death camps;

the morality of racism as the Tuskeegee studyshows.


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[PROFESSIONAL / METHODOLOGICAL ETHICS (6 - 14)]

6. Researchers should address the concerns of relevantstakeholders and user groups

Utilitarian- such concerns may be undertaken as part of a cost-benefitanalysis

Problem for the utilitarian: who are the relevant stakeholders andhow is their membership in the moral community to bedetermined?

Deontological - in some cases, basic rights may come into play(e.g., to confidentiality, anonymity, etc.) that will limit - or, inworst-case scenarios, eliminate a research design.

National / International: These rights are construed differentlydepending on national law and traditions of ethical decision-making


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1. The research aims of any study should bothbenefit society and minimise social harm

Comment: Utilitarian:cost-benefit analysis

Research which offers no probable benefit to societycannot be justified.

Any probable / possible benefitsmust be balanced by

clear and complete awareness of possible /probable costs.


h / h d

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18. Research participants should be protected from undue

intrusion, harm or distress

Ethical: 1. This is the prime directive of Human SubjectsProtections, as rooted in

(a) Hippocratic oath - do no harm;(b) reactions against WWII experimentation and

(c) U.N. and other declarations of human rights

Michelfelder, Diane. 2001. The Moral Value of Informational Privacy inCyberspace. Ethics and Information Technology3 (2), 129-135.

Walther, Joseph B. 2002. Research Ethics in Internet-Enabled Research:Human Subjects Issues and Methodological Myopia. Ethics andInformation Technology, 4 (3), 205-216. Available online

.

Where D / U approaches are distinctHuman Subjects Protections: 15-18

Wh D / U h d

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18. Research participants should be protected from undue

intrusion, harm or distress

Ethical: It is on this primary right that the other rights in theseguidelines (15 - 18) are rooted.

2. Whether harm and intrusion are ever justified depends on(a) possible benefits of research, and

(b) whether one takes a primarily

deontological

or

utilitarian

ethical stance.


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15. Participation in research should be voluntaryEthical: rests on the basic right of human beings to autonomy /

free choice, respectfor that free choice (Enlightenment /Kant) deontology

Alternatives: Habermasian / feminist perspective-taking and anethic of care would apply empathy, Golden Rule,principle of non-alienation: would the researcher, if in theposition of the research subject, wish to have his/her

freedom and sense of autonomy curtailed for any reason?

(see Berry, 2003; cf. M. Barkardjiava and A. Feenberg, 2001.Involving the Virtual Subject: Conceptual, Methodologicaland Ethical Dimensions. Ethics and Information Technology2(4), 233-240.)


h / h d

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15. Participation in research should be voluntary

Cultural / communicative: Modern Western notions of freedomand autonomy tend towards atomistic individualism; but

Pre-modern / non-Western notions of the human person emphasize greaterrole of the community in shaping decisions - an important considerationespecially with immigrant groups;

appearance and voice of authority vary from culture to culture - whatmight not seem coercive in one context may be experienced as such inanother;

Hence: for some peoples / cultures, the communitywill play the equivalent ofa gatekeeperrole,whose authority and permission will also be crucial.

Examples: Asian, Indigenous cultures(see Ess; cf. Hofstede, Marg

Emerton)


2 C / Di i

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2. Convergences / Divergences in

Inter/national Law

2. Professional integrity must be balanced with respectfor national and international lawWhich laws apply to internet research?

E.U. Data Privacy Protection acts: more deontological, favoring the

individual citizens protections over other interests

NESH Guidelines: very deontological, favoring the individual citizen

and his/her close relations protections over other interests

ContraU.S. laws (more utilitarian, market-based, favoring the benefitof business and thus the larger economy over individual interests

in privacy, etc. - see AoIR Guidelines for discussion)

2 C / Di i

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2. Professional integrity must be balanced with respectfor national and international lawWhich laws apply to internet research?

Further complications: are there strong analogiesvs.disanalogiesbetween offline/ onlineresearch andthus between

the laws / policies / practices of offlinehumansubjects protections and

Onlineresearch?

2. Convergences / Divergences in

Inter/national Law

3 C lt l h l t

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3. Cultural: where relevant(especially guidelines 3-5) - what

differencesin foundational culturalvalues are important forresearchers to note?

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CULTURAL CLUSTER: GUIDELINES 3-53. Research must be commissioned and conducted

with respect for and awareness of genderdifferences

Deontological or utilitarian? Where significant gender differences exist, willthese be overridden for the sake of a study - or respected, even at the costof sacrificing the study?

Comment: understanding of what constitutes harmmay have a gendered component -

U.S. example of rape in cyberspace in which wordsconstituted harm for the female victim - vs. legaldefinitions of harm asphysicalharm (realrape)

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CULTURAL CLUSTER: GUIDELINES 3-53. Research must be commissioned and conducted

with respect for and awareness of genderdifferences

Cultural issues- Contrasts between

Gender-based access to CMC technologies, in terms ofcultural capital - education, language facility, etc. - needed for

successfully utilizing CMC technologies, and

socio-economic / infrastructure differences (crudely: white middle-

class male technology/communication style vis--vis everyoneelse)

See: Stewart, Concetta M., Stella F. Shields, and Nandini Sen. 2001. Diversity in On-Line Discussions: A Study of Cultural and Gender Differences in Listservs. In

Ess (ed.), Culture, Technology, Communication: Towards an Intercultural GlobalVillage,161-186. Albany, NY: SUNY Press.

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CULTURAL CLUSTER: GUIDELINES 3-55. Research must be commissioned and conducted with respect

for under-represented social groups and the avoidance of

marginalisation or exclusion of these

Cultural contrasts different cultural groups use / respond tomedia, including new media, in diverse ways: the choice ofmedia 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 Communication2002, 69-88. Murdoch, Western Australia: School ofInformation Technology, Murdoch University.

C RA C S R G D S

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CULTURAL CLUSTER: GUIDELINES 3-5Cultural 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.

...IT tends to be instrumental in Western hegemonic encroachment

into the Filipino lifeworld (Peter Sy, 2001)

Most Internet sites pose a danger to oureducation system and our

culture, in particular pornography sites and sites that promote

consumerism to our students.-- Sardjiman (in de Kloet, 2002)

The Internet is profoundly disrespectful of tradition, established

order and hierarchy, and that is very American.-- Fareed Zakaria mana in editor ofForei n A airs

CULTURAL CLUSTER GUIDELINES 3 5

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CULTURAL CLUSTER: GUIDELINES 3-55. Research must be commissioned and conducted with

respect for under-represented social groups and theavoidance of marginalisation or exclusion of these

Cultural- Contrasts between

Acceptability of public / private communication betweensexes(Islamic countries/Muslim populations):

unsolicited e-mail from a male researcher to a female subjectcould be very problematic - especially if discovered by the

family!

Research on male-female online communication must beundertaken with recognition that cultural conservativessee such communication itself as undermining traditional

cultural mors.

CULTURAL CLUSTER GUIDELINES 3 5

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CULTURAL CLUSTER: GUIDELINES 3-55. Research must be commissioned and conducted with

respect for under-represented social groups and theavoidance of marginalisation or exclusion of these

CulturalContrasts

See: Technologies of Despair and Hope: CMC in the MiddleEast, Journal of Computer-Mediated Communication,Vol. 8, issue 2, 2003, ,

especially

Deborah Wheeler, Kuwaiti Youth and the Net

4 M t thi l C l di

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4. Meta-ethical ConcludingConsiderations?

A. What to do in the face of diverseethical judgments on thepart of

Individual researchers / participants

Oversight bodies (IRBs in the U.S.; Research Ethics Boardsin Canada; National Health and Medical Research Councilin Australia; UK)

National laws /policies / practices?

Diverse cultural value systems and ethical decision-makingtraditions?

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4. Metaethical Concluding Considerations?

A. What to do in the face of diverseethical judgments?

Ethical pluralism: shared values/normsdiverseinterpretations / applications /judgments(phronesis).

Example 1: normative value of expectations of privacy vis--vis is

informed consent for recording(audio/video) public spaces?

U.S. context: no expectations

of privacy (vs. psychologistsoffice, 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)

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Example 2: Divergences in U.S. / E.U. privacy law?

Joel Reidenberg:

while there is global convergence on what he calls the

First Principles of data protection - there are clear

differences in how these First Principles areimplemented, i.e., through

"either liberal, market-based governance

or socially-protective, rights-based governance."(Resolving Conflicting International Data Privacy

Rules in Cyberspace, STANFORD LAW REVIEW

[Vol. 52 (2000):1315-1376], 1315)

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First Principles:

1) Data quality (accuracy)

2) Transparency / openness of processing(purposes)

3) Treatment of sensitive data, including data re.

Health, race, religious beliefs, sexual life4) Enforcement mechanisms

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First Principles

U.S.: liberal, market-based governance

E.U.: socially-protective,rights-based governance

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First Principles: exemplified in U.K. YoungerCommittee, 1972 (!) organizations

1. Are accountablefor personal information they obtain;

2. Should identify the purposesfor which the information isprocessed at or before the time of collection;

3. Should only collect personal information with the knowledge

and consentof the individual (with exceptions);

4. Should limitthe collection of personal information forpurposes other than those identified, except with the consentof the individual;

5. Should retaininformation onl as lon as necessar ;

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First Principles: exemplified in U.K. YoungerCommittee, 1972 (!) organizations

6. Should ensure that personal information is kept accurate,complete, and up to date;

7. Should protect personal information with appropriate securitysafeguards;

8. Should be openabout its policies and practices and maintainno secret information systems

9. Should allow data subjects accessto their personalinformation, with an ability to amend if necessary.

(Riedenberg, 1327)

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E.U. citizens enjoy a priority on individual privacyvis-a-

vis business interests

-i.e., a deontologicalemphasis onrespect for personsin the form of privacy protections

-vs.

U.S. favoring business interestsover 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 oropt-out

- i.e., a utilitarianemphasison the good of the many

(minimal state interventiongreater economic

efficiency) over possible violations of individual rights

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the European model is one in which

omnibus legislation strives to create a complete set of

rights and responsibilities for the processing of personalinformation, 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. Withinthis 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 thepanoply of fundamental human rights and the rights are

attributed to data subjects or citizens. (1331f.)

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By contrast, the United States is distinctive in its approach,

in which

the primary source for the terms and conditions ofinformation 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 thanstatutory 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 consequentialistposition, one that emphasizes

economic benefit at large over possible risks to individual

privacy.

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See: D. Elgesem. 2002. What is Special about the Ethical Issues in

Online Research? Ethics and Information Technology, 4(3). 195-203.

J. Walther. 2002. Research Ethics in Internet-Enabled Research:

Human Subjects Issues and Methodological Myopia. Ethicsand Information Technology, 4(3).

C. Ess. 2002. Introduction, special issue on Internet Research

Ethics. Ethics and Information Technology4(3), 177-188.

hi l l di id i

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B. Global Ethical Perspectives?

Information Ethics Resources:

U.K.: Luciano Floridi, Jeff Sanders. Information EthicsGroup, Oxford Computing Laboratory

U.S.: International Association for Computing andPhilosophy

Germany: Rafael Capurro (Stuttgart), International Centerfor Information Ethics

Australia: Centre for Applied Ethics and Public Policy


5 S ti f l b l

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5. Suggestions for a global

research ethics

A. Coherencies between Confucian /

Aristotelian / feminist conceptions of

human excellence(arete/junzi) asvirtue ethics

syntheses of both utilitarian and

deontological approaches

5 S ggestions for a global research

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5. Suggestions for a global research

ethics

B. An ethical starting point: the Golden Rule ofperspective-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 elementsyou 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?

5 Suggestions for a global research

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ethics


Critique: the researcher cannot place

himself/herself in the place of the subject - inpart because of the diversity of (rapidly

changing) venues.

Allen, Christina. 1996. Whats Wrong with theGolden Rule? Conundrums of Conducting

Ethical Research in Cyberspace. The

Information Society12 (2), 175187.


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ethics


My critique of the critique:

perhaps - but taken to the logical extreme,this becomes a relativismthat would also

mean that whatever we learn from the

subjects as different from theobserver/scientist may have no relevance

to any other subjects!


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ethics

Such guidelines, finally, are not ethically"homogenous" or univocal

butpluralistor, in Michael Walzer's term, "thin":

these can be interpreted and appliedindifferent ways through the diverse "lenses" of

defining cultural beliefs, practices, traditions,

etc.

(Aristotlespros henand analogicalequivocals

pluralist traditions of ethics in both East

(Confucius) and West (Socrates / Plato /

Aristotle


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ethicsmoral arguments are thin when they are shorn of their particular

histories and other cultural embodiments which make them

integral parts of a cultural entity. These are the parts that make

the arguments thick.

. when Americans watched Czechs carry placards bearing words

like Truth and Justice, they could relate immediately to thesituation and sympathized with the marchers. However, when

the arguments are at the local level, as to which version of

distributive justice should be in place, there might well be

disagreements, and Americans may find themselves disagreeingwith the particular conception of justice which is eventually

adopted. The sympathetic feeling one feels across the Ocean is

part of the thin morality, but the localized and contextualized

working of those moral concepts is part of the thick (Walzer

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