[Air-L] research ethics again - students and FB

Dan L. Burk dburk at uci.edu
Fri Jan 12 08:41:36 PST 2018 

Well, as I mentioned before, this is not really my circus.  Most of what
I know about research ethics comes from the biomedical area.  My sense
is that the principles are similar.  In that context, it is perfectly
fine to ask subjects to take risks as long as you have informed consent
regarding the risks and benefits -- assuming that principle holds, the
issue wouldn't be the risk, it seems to me it would be the subjects
knowledge and acceptance of the risk. 

There is in Charles' problem the wrinkle of the subjects being minors,
which somewhat bifurcates the consent question -- on autonomy
principles, there is the subjects' own acceptance, which is a function
of actual age and capacity (i.e., a seventeen year old may be perfectly
capable of understanding the implications of the experiment, a seven
year old probably not).  And then there is the separate question of
consent by the minors' guardians or responsible party as agent. 

Cheers, DLB 

On 2018-01-11 21:45, Sohail Dahdal wrote:

> Asking your research subjects to do ethical illegal actions could be either 'ethical research' or not depending on any risk that you might expose your subject to...
> 
> In that sense highly ethical actions could actually be highly unethical research. 
> 
> In the case of FB fake accounts, you have to ask, about the risk to your subject including the risk of forming bas habits not just the legal implications.
> 
> Prof Sohail Dahdal,
> American University of Sharjah 
> 
> On 12 Jan 2018, at 3:30 am, Dan L. Burk <dburk at uci.edu> wrote:
> 
> So we seem to agree on your second statement. 
> 
> Regarding the first: suppose that Charles designs a study that asks
> minors (or really anyone) to engage in civil disobedience.  Perhaps he
> asks them to trespass, with a risk of arrest and an arrest record.  For
> good reasons, like saving baby seals or giving persons of color seats at
> the lunch counter or something.  
> 
> Definitely illegal.  But also highly ethical behavior on the part of the
> study subjects.  
> 
> ls Charles behaving unethically in asking them to behave highly
> ethically but illegally? 
> 
> Not really my rodeo, but I strongly suspect that the behavior is ethical
> all the way down. 
> 
> Cheers, DLB 
> 
> On 2018-01-10 22:07, Christopher J. Richter wrote:
> 
> Ah, but the question is not whether it is ethical for the minors to violate a (for them) non-binding agreement, but whether it is ethical for the presumably adult researcher to require it of them. And just because something is legal, that does not make it ethical. 
> 
> Christopher J. Richter, Ph.D. 
> Associate Professor, Communication Studies 
> Hollins University 
> Roanoke VA, USA 
> 
> On Jan 10, 2018, at 11:37 PM, Dan L. Burk <dburk at uci.edu> wrote:
> 
> So, although I am not saying that the study design is ethical, or even necessarily a good idea, I would most definitely take issue with either the specific assertion that violating an adhesion contract is always unethical (it is called an adhesion contract for good reason), and with the more general assertion that violations of law are always unethical. 
> 
> Also, non-trivially, the assertion is a non-sequitur: minors generally can't enter into binding contracts, so there is by definition no contract for them to violate.
> 
> None of that means you should go ahead and do it; only that if you decline to do so, it should be for some other reasons. 
> 
> Cheers, DLB 
> 
> Dan L. Burk
> Chancellor's Professor of Law
> University of California, Irvine
> ++++++++++++++++++++++++++++++++
> 2017-18 Fulbright Cybersecurity Scholar 
> <b975a236.gif> 
> 
> On 2018-01-10 09:28, Christopher J. Richter wrote: 
> Dear Charles,
> 
> TOS agreements are most often legally binding. Requiring minors (indeed any study participant, but especially minors) to violate a legal contract, whether online or off, is unethical on the face of it. 
> 
> Then there is the issue of deception, of whom and how interactions on the fake accounts are deceiving.  Deception, by definition, undermines informed consent. Will those who are deceived be debriefed? If not, it's problematic.
> 
> Christopher J. Richter, Ph.D.
> Associate Professor, Communication Studies
> Hollins University
> Roanoke VA, USA
> 
> On Jan 10, 2018, at 4:44 PM, Charles M. Ess <c.m.ess at media.uio.no> wrote:
> 
> Dear AoIRists,
> 
> What are your thoughts regarding the following?
> 
> A research project involves a small number of students, legally minors - and requires that they set up fake FB accounts for the sake of role-playing in an educational context?
> Of course, fake accounts are a clear violation of the FB ToS.
> 
> I know we've discussed the ethics of researchers doing this (with mixed results, i.e., some for, some concerned).
> 
> But I'm curious what folk think / feel about this version of the problem.
> 
> Many thanks in advance,
> - charles
> -- 
> Professor in Media Studies
> Department of Media and Communication
> University of Oslo
> <http://www.hf.uio.no/imk/english/people/aca/charlees/index.html>
> 
> Postboks 1093
> Blindern 0317
> Oslo, Norway
> c.m.ess at media.uio.no
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> -- 
> 
> -- 
> Dan L. Burk
> Chancellor's Professor of Law
> University of California, Irvine
> ++++++++++++++++++++++++++++++++
> 2017-18 Fulbright Cybersecurity Scholar 
> 
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> <b975a236.gif>

-- 
Dan L. Burk
Chancellor's Professor of Law
University of California, Irvine
++++++++++++++++++++++++++++++++
2017-18 Fulbright Cybersecurity Scholar 
 

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