Is the Internet an appropriate medium to use when attempting to resolve conflicts over ethical issues in business? The research reported on in this paper focuses on internet versus face-to-face negotiations as a component of applied discourse ethics. Although internet negotiation has serious restrictions, it also has specific qualities. It enhances reflection and plays down emotion. Important qualities when handling complex and delicate ethical issues.

Deceptive communication and misinformation are crucial issues that are currently having a significant impact on social life. Parallel to the important work of identifying misinformation on digital platforms is understanding why such material proliferates. One approach to answering this question is to attempt to understand the values that are being targeted by misinformation as a means of interpreting the underlying social bonds that are at stake. This study examines the kinds of social bonds that are communed around and contested in (...) a corpus of YouTube video comments about the viral internet hoax ‘The Momo Challenge’. A social semiotic approach to ‘ambient affiliation’ is used to investigate how these bonds are negotiated in this digital discourse. This approach involves establishing the types of personae who were negotiating meaning in the comments on the basis of the values that they recurrently shared, deferred or disputed. The analysis suggests that, in addition to concern over whether Momo was real and dangerous, there was a deeper moral panic about parenting in the digital age and the legitimacy of institutions such as schools and media as brokers of knowledge. (shrink)

The Internet was conceptualized as a technology that would be capable of bringing about a better future, but recent literature in science and technology studies and adjacent fields provides numerous examples of how this pervasive sociotechnical system has been shaped and used to dystopic ends. This article examines different future imaginaries present in Future Internet Architecture projects funded by the National Science Foundation from 2006 to 2016, whose goal was to incorporate social values while building new protocols to (...) replace Transmission Control Protocol and Internet Protocol to transfer and route information across the ever-expanding Internet. I examine the findings from two of the NSF’s FIA projects—Mobility First and eXpressive Internet Architecture—to understand the projects’ trajectories and values directives through their funding cycle and their projections into the future. I discuss how project documentation and participant articulations fall into the following three distinct themes about past experience and speculation: understanding the public, negotiating resources, and carrying project values into the future. I conclude that if the future Internet is to promote positive sociotechnical relationships, its architects must recognize that complex social and political decisions pervade each step of technical work and do more to honor this fact. (shrink)

Discussions about ethics of Big Data often focus on the ethics of data processing: collecting, storing, handling, analysing and sharing data. Data-based systems, however, do not come from nowhere. They are designed and brought into being within social spaces – or social milieu. This paper connects philosophical considerations of individual and collective capacity to enact practical reason to the influence of social spaces. Building a deeper engagement with the social imaginaries of technology development through analysis of two years of fieldwork (...) with start-ups working on Internet of Things, this paper suggests that different action positions can emerge, with consequences for how data is understood and valued. The Disengaged, Pragmatist and Idealist ethical action positions identified in the paper reveal the ways individuals and groups negotiate possibilities for ethical action, through justifications, explanations and structuring of system features. (shrink)

In this paper, we address the relevance of virtual worlds for negotiation using the example of Second Life and AltspaceVR; we take into account mindset issues and an avatar’s influence on this process. The concept of negotiation is related here to the concept of a networked society to describe actions undertaken between two or more individuals, groups, and/or organizations. The network is a milieu for negotiating with oneself and with others. Negotiating in a networked space can be an opportunity for (...) self-exploration, subversion, and compensation for the limitations of physical reality, and it also involves background problems and the displacement of power. The term “negotiation” is used in online communities to describe interactions between people who are not physically present but interact with each other through some technical devices, such as the telephone or the Internet. In the waves of technological development, how people organize their lives and behave is a question of convenience. Virtual worlds, in which the human is extended by an avatar (and the avatar by the electronic space), are now being transformed into worlds where the human is just the avatar. The avatar is in the same space the human is in, i.e., in the physical world. This transformation (in fact, a paradigm shift) involves changing the habits of users, who are now adopting new habits in the form of negotiating the physical world with the values and habits of the virtual world. (shrink)

In recent years, universities have been urged to restructure and re-evaluate their ability to trace and monitor their students as the “smart campus” is being built upon datafication, while networked apps and sensors serve as the means through which its constituents are connected and governed. This paper advances a dialectical and communication-centered approach to the Internet of Things campus ecosystem and provides an empirical investigation into the tensions experienced by students and the ways that these students envision alternative practices (...) that support their digital engagement. Drawing upon student focus group interviews in a large American research and innovation intensive university, dialectical tensions identified include convenience–annoyance, integration–independence, and safety–insecurity, brought upon by students’ ongoing and prospective negotiations with Internet of Things. Furthermore, in a bid to understand students’ alternative data imaginaries, this project examined students’ preferred Internet of Things-related communication practices with campus digital application platforms, analog and older forms of digital media, as well as in-person interactions with traditional authorities within classroom and group settings. Finally, this contribution presents a discussion of the findings for theory and praxis, particularly for smart campus innovation and social data governance, in terms of potential growing challenges involving complexifying student privacy concerns, data normalization and coercion, and tertiary digital divides and inequalities. (shrink)

Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries (...) between the public and the private, and extends the responsibilities of the latter to court-style decision making. This article analyzes the regulatory developments in this area and the implications of outsourcing of important governance practices to private intermediaries. It looks at the decision-making process for the “right to be forgotten” to illustrate the extent to which the hybridization of such procedures results in new arrangements between public and private ordering in Internet governance. (shrink)

Internet-enabled mobile devices expand the virtual spaces of Internet users. Mobile Internet users encounter continuous connectivity where they are not only always on but also always with the device. Users are presented with situations of continuous connected presence requiring them to deal with the overwhelming volume of virtual interaction. This study reports from a longitudinal study of 35 university students in Australia conducted in 2011/2012. Mobile tablet devices were given to participants who had never owned one before, (...) to be observed over a period of 1 year. By qualitatively exploring how users experience and negotiate with the added virtual space, this study found that while users benefit from continuous connectivity, they also adopt strategies to disconnect from the ubiquitous access especially when engaging in tasks that require undivided attention. New users go through adjustment by developing their own involvement shield strategies while experimenting with online colocation and copresence. (shrink)

E-patients are increasingly using the Internet to gain knowledge about medical conditions, thereby problematizing the biomedical assumption that patients are ‘lay’. The present paper addresses this development by investigating the epistemic identities of patients participating on an online health forum. Using poststructuralist discourse analysis to analyze a corpus of cardiology-related threads on an ‘Ask a Doctor’ forum, we compare how patients are discursively constructed by online professionals as ‘knowing’ or ‘not knowing’ with the online knowledge identities patients choose for (...) themselves. Analysis reveals a complex picture, with patients positioning themselves and being constructed as biomedical novices, as well as claiming the subject positions of experts challenging medical expertise. This paper provides a snapshot of an important social identity in transition, illustrates a procedure for comparing language use around imposed and self-appropriated identities, and considers discursive choice in relation to the metapragmatic matter of “sayability”. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...) the growth of e-commerce. (shrink)

The emergence of personal assistants in the form of smart speakers has begun to significantly alter people’s everyday experiences with technology. The rate at which household Intelligent Personal Assistants such as Amazon’s Echo and Google Home emerged in household spaces has been rapid. They have begun to move human–computer interaction from text-based to voice-activated input, offering a multiplicity of features through speech. The supporting infrastructure connects with artificial intelligence and the internet of things, allowing digital interfaces with domestic appliances, (...) lighting systems, thermostats, media devices and more. Yet this also constitutes a significant new production of situated and sensitive data. This study focuses on how users negotiate and make choices about household Intelligent Personal Assistant use in connection with their data. This study is based on empirical research in Europe with early adopters in Germany and potential users in the Netherlands. This examination of users’ early stage technology acceptance considerations highlights particular practices and choices of users to either preserve their privacy or determine what is acceptable use for their data. Drawing on a simplified version of Unified Theory of Acceptance and Use of Technology 2, a quantitative model for technology acceptance, we demonstrate how acceptance of a household Intelligent Personal Assistants does not imply access to all household data, how users see usefulness in relation to a proliferation of devices, and note the recognition by users regarding the efforts needed for full use and acceptance. The study highlights the complexity of data production at a household level and how these devices produce myopic views of users for platforms. (shrink)

The fostering of an Internet societal infrastucture which is consciously ethical, is needed to curtail the new era of global irresponsibility that is at hand. The positive view advanced is contrasted with a scenario of the silencing of a moral Internet community using regulatory constraints, an extension of broadcast techniques, "brain-free" hardware, and control by multi-national corporations. This positive scenario is dependent on the evolution of a moral and responsible Internet global citizenry. The global citizen will recognise (...) that in creating an era of peace and negotiation, the traditional boundaries of nation or of cultural difference may be radically redefined, but not destroyed. Two central problems, that of establishing an acceptable moral basis for global citizenship, and that of enabling the integrity of cultural and ethnic groups to be maintained in a global electronic environment, are discussed. A primary task for the Internet community is to establish a Code of Ethics. This could be based on the following principles: a strong and coherent Internet infrastructure; maintenance of interconnectivity; open Internet commerce; privacy of communications; freedom of speech within the Internet ; universal Internet access; freely accessible "public good" information; mediation between national and global organizations in the interests of the Internet; authentication of information ; and maintenance of adequate bandwidth. These principles encompass some of the fiercest debates of the Internet regulatory environment, including those on issues of cryptography, copyright, software patents, first-level domain names, and pornography. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 409 Ariane Cruz Beyond Black and Blue: BDSM, Internet Pornography, and Black Female Sexuality I have been the meaning of rape I have been the problem everyone seeks to eliminate by forced penetration with or without the evidence of slime and/ but let this be unmistakable in this poem is not consent I do not consent —June (...) Jordan, Poem about My Rights Introduction: The Evidence of Slime Slavery, itself a kind of “slime,” remains an active marketplace for the production of Black female sexuality and its representations.1 The impact of chattel slavery and the pervasive rape of Black female slaves on modern 1. In using the term “Black women,” I am referring to African American women for whom the history of chattel slavery in the Americas has produced the socio-historical conditions that uniquely inform Black female subjectivity and sexual politics. My use of this term is not to essentialize Black American womanhood; rather, like Black feminist scholar Patricia Hill Collins, I use the term to gesture to a Black women’s standpoint influenced by the condition and experience of gendered and racialized abjection, a “common experience of being Black women in a society that denigrates women of African descent.” Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment (London: Routledge, 1990), 22. In this essay, I focus on Black women who practice BDSM, a small but nonetheless heterogeneous group of women in the already-marginalized larger kink community. 410 Ariane Cruz constructions and representations of Black women has been well theorized, in particular by a number of Black feminist scholars who have worked to rupture what Darlene Clark Hine terms the “culture of dissemblance,” the politics of silence shrouding expressions of Black female sexuality.2 While the antebellum legacy of sexual violence on Black women is substantive, what has not been effectively considered is how Black women deliberately employ the shadows of slavery in the deliverance and/or receiving of sexual pleasure. That is, how the “slime”—a staining sludge of pain and violence—becomes a type of lubricant to stimulate sexual fantasies, access sexual pleasure, and heighten sexual desire. In this paper, I explore how Black women facilitate a complex and contradictory negotiation of pain, pleasure, and power in their performances in the fetish realm of BDSM.3 Situating my analysis in the context of hardcore BDSM Internet pornography and the controversial praxis of race play, I argue that BDSM is a critical site from which to reimagine the formative links between Black female sexuality and violence. Race play is a BDSM practice that explicitly uses race to script power exchange and the dynamics of domination and submission. Most commonly an interracial erotic play, race play employs racism, often involving the exchange of racist language, role-playing, and the construction of racist scenes. Eroticizing not just racism, but the miscegenation taboo, racial difference, and (hyper) 2. See Darlene Clark Hine, “Rape and the Inner Lives of Black Women in the Middle West,” Signs 14, no. 4 (1989): 912–920. For more on Black female slave sexual assault and its aftermath, see Hazel V. Carby, Reconstructing Womanhood: The Emergence of the Afro-American Woman Novelist (Oxford: Oxford University Press, 1987); Ann duCille, “‘Othered’ Matters: Reconceptualizing Dominance and Difference in the History of Sexuality in America,” Journal of the History of Sexuality 1, no. 1 (1990): 102–27; Elsa Barkley Brown, “Imaging Lynching: African American Women, Communities of Struggle, and Collective Memory,” in African American Women Speak Out on Anita Hill-Clarence Thomas, ed. Geneva Smitherman (Detroit, MI: Wayne State University Press, 1995), 100–24; and Cheryl Harris, “Whiteness As Property,” Harvard Law Review 106, no. 8 (June 1993): 1707–91. 3. BDSM is an umbrella term that stands in for bondage/discipline (B/D), domination /submission (D/S), and sadism/masochism or sadomasochism (S/M). For the purposes of this paper I exchange S/M, S&M, and/or SM with the more contemporary label BDSM. For more about the terminology of BDSM, see Margot Weiss, Techniques of Pleasure: BDSM and the Circuits of Sexuality (Durham, NC: Duke University Press, 2011). Ariane Cruz 411 racialization itself... (shrink)

We present a critical appraisal of the impact of the Internet upon processes of democratization and de-democratization in contemporary society. We review accounts of `the information revolution' as these have become polarized into mutually exclusive rhetorics of future cosmopolitan or citadellian e-topias. We question the Manichean assumptions common to both rhetorics: particularly the fetishism of information technology as an intrinsically democratizing or de-democratizing force on societies. In opposition to this new technological fetishism we focus upon Internet historicity; the (...) human/machine nexus; Internet policing and appropriation presenting a different story of the Net, emphasizing contingent, indeterminate and negotiable characteristics of sociotechnical systems, preparing for a more radical critique of existing theories of `global technological citizenship'. Refiguring `culture' as technopoiesis, we argue that an alternative approach to global civil society minimally presupposes a cultural sociology of the Internet: approaching information technologies as the product of specific sociocultural practices and as historical sites of ethico-political transformation and reflexive self-figuration. (shrink)

Malgré une démocratisation réussie, une économie florissante et un libre accès à Internet, Taïwan reste largement absent de l'espace public international. Cette absence résulte de la politique subtile menée par la Chine. La stratégie de Pékin consiste à concentrer l'attention des acteurs internationaux et dans le même temps à effacer toute trace de Taïwan dans l'espace public en tant que pays indépendant . L'article suggère que Taïwan ne renforcera sa position que par l'intensification des négociations directes avec la Chine (...) continentale. L'exemple taïwanais éclaire un peu plus les stratégies régulatrices des États en réponse aux efforts déployés par les groupes politiques dominés dans leur combat pour se faire entendre à l'heure d'Internet.Despite a successful democratization, a thriving economy and a free internet access, Taiwan remains largely absent from the international public arena. This absence results from the subtle policy led by China. Beijing's strategy is to focus the attention of international actors and at the same time to erase any trace of Taiwan in the public space as an independent country . The article suggests that Taiwan strengthen its position as the intensification of direct negotiations with mainland China. The Taiwanese example illuminates a little more States regulatory strategies in response to efforts by the political groups dominated in their struggle to be heard in today's Internet. (shrink)

This paper explores high school students' and teachers' preferences towards constructivist Internet‐based learning environments. The study proposes a framework, including two dimensions and five aspects, to illustrate the features of the Internet‐based learning environments. Based upon this framework, the Constructivist Internet‐based learning environment survey improvement was developed, which includes the scales of ease of use, multiple sources, student negotiation, reflective thinking, critical judgement and epistemological awareness. Questionnaire responses gathered from 630 high school students in Taiwan suggested that (...) the CILESI showed adequate reliability in assessing students' preferences. Male students placed more emphasis on the student negotiation, critical judgement and epistemological awareness enhanced by the Internet‐based learning environments than female students did. In addition, the teachers of the sampled students were also surveyed by CILESI. The teachers tended to express stronger preferences on the ease of use of the Internet‐based learning environments than did their students. However, students, when compared with their teachers, seemed to express more preferences towards the features of student negotiation, reflective thinking, critical judgement and epistemological awareness of Internet‐based learning environments. (shrink)

Social justice needs a home, a place where it can be found, especially for young people growing up in fragmented and increasingly inequitable societies. Community youth arts organizations have secured a certain prominence in this context over the past three decades and are now part of the urban infrastructures that shape connected learning networks in highly industrialized nations. In this capacity, youth arts organizations regularly engage a language and aesthetics of authenticity and trust as part of how they call out, (...) represent and make a home for children and youth. This paper examines how authenticity in youth culture and youth cultural expression is negotiated by arts organizations and how organizations locate their own trustworthiness as allies of young people through the curation of online media archives. The analysis draws on the internet media archives of two youth arts organizations in Canada’s largest English-speaking cities. The Oasis Skateboard Factory in Toronto, ON is an extension program of the Toronto District School Board that enables participants to create their own brands and learn to run a skateboard or professional design business. ReelYouth started in Vancouver in 2005 as a community media empowerment project, and now delivers programs across Canada and internationally.The claims to youth authenticity articulated in each media archive reveal how authenticity and trust are negotiated ideologically by each organization and how organizations mark their ontological status, as a home from which young people can think and respond to an unjust world. I examine how youth authenticity is produced by analyzing how discourses of youth identity, connection and trust are deployed across each archive. Whilst showcasing how authenticity is negotiated by each group, I show how the production of authenticity discourses by OSF and ReelYouth simultaneously convey a deeper reality: the way youth arts groups operate as care structures that offer ontological security, and places of increasing “awareness of previously unnoticed interconnections” for youth. In this way, they operate as sites of border work, places of routing from which the work of social justice can be borne. (shrink)

Day to day, we are used to living in a world of beings with well-defined edges. This world is ruled by dialectical modes of engagement that reinforce the individual being in the context of other beings. Concepts like the Freudian Other serve to confirm the place and the boundaries of a subject. Congruently, reaching beyond the reality, myths negotiate the relationship of the individual with the sublime. The dialectically conceived world does not provide a sufficiently complex conceptualization of our existence (...) today. In searching for an alternative ontology, I am looking at structures that place human and informational multiplicity at their core. The type of individuation arising from a complex system does not form a subject, but instead crystallizes as an entity akin to a demon. In order to interact with such forces, one turns to sorcerous methodologies, which facilitate the transgression into many. In exchanging the vertically conceived subject for a horizontally defined multiplicity, one enters into a pact with the demon. I am interested in artistic expressions of such alliance and the role of a network user as a sorcerer dealing with the demon. (shrink)

In this article, we investigate Internet discourses that capture Canadians’ perceptions of the risk of radiation from the 2011 Fukushima nuclear incident. We consider these online discourses of radiation risk in the context of recent Internet-based theories that explore ecological models of communication, and we take a discourse approach to our analysis of the online texts about Fukushima radiation risk. Our analysis reveals that, while government and scientific discourses about radiation risk are framed in terms of public concern (...) and certainty, public discourses are framed in terms of uncertainty and gaps in public knowledge. Members of the public engaged in knowledge-seeking activities conducted their own nuclear risk assessments and disseminated the results to the interested public in street science activities. These public meaning-making activities, we argue, were generated by a desire to fill knowledge niches and attract public attention. They result in a discourse ecology characterized by epistemological rather than affective stances. (shrink)

Software agents extend the current, information-based Internet to include autonomous mobile processing. In most countries such processes, i.e., software agents are, however, without an explicit legal status. Many of the legal implications of their actions (e.g., gathering information, negotiating terms, performing transactions) are not well understood. One important characteristic of mobile software agents is that they roam the Internet: they often run on agent platforms of others. There often is no pre-existing relation between the owner of a running (...) agents process and the owner of the agent platform on which an agent process runs. When conflicts arise, the position of the agent platform administrator is not clear: is he or she allowed to slow down the process or possibly remove it from the system? Can the interests of the user of the agent be protected? This article explores legal and technical perspectives in protecting the integrity and availability of software agents and agent platforms. (shrink)

The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy. On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage. The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden (...) continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU. It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.Article first published online: 22 MARCH 2016. (shrink)

The prevailing paradigm in Internet privacy literature, treating privacy within a context merely of rights and violations, is inadequate for studying the Internet as a social realm. Following Goffman on self-presentation and Altman's theorizing of privacy as an optimization between competing pressures for disclosure and withdrawal, the author investigates the mechanisms used by a sample (n = 704) of college students, the vast majority users of Facebook and Myspace, to negotiate boundaries between public and private. Findings show little (...) to no relationship between online privacy concerns and information disclosure on online social network sites. Students manage unwanted audience concerns by adjusting profile visibility and using nicknames but not by restricting the information within the profile. Mechanisms analogous to boundary regulation in physical space, such as walls, locks, and doors, are favored; little adaptation is made to the Internet's key features of persistence, searchability, and cross-indexability. The author also finds significant racial and gender differences. (shrink)

This book explores our corporeal connections to the past by considering what three theoretical approaches-somaesthetics, posthumanism, and the uncanny-may reveal about both premodern and postmodern terms of embodiment. It takes as its point of departure a selection of fifteenth-century northern European Books of Hours-evocative objects designed at once to to inscribe social status, to strengthen religious commitment, to entertain, to stimulate emotions, and to encourage discomfiting self-scrutiny. Studying their kaleidoscopically strange, moving, humorous, disturbing, imaginative pages not only enables a window (...) into relationships among bodies, images, and things in the past, but also in our own internet era, where surprisingly popular memes drawn from such manuscripts constitute a part of our own visual culture. In negotiating theoretical, post-theoretical, and historical concerns, this book aims to contribute to an emerging and much-needed intersectional social history of art. It will be of interest to scholars working in art history, medieval studies, Renaissance/early modern studies, gender studies, the history of the book, posthumanism, aesthetics, and the body. (shrink)

While the Internet has emerged as a significant resource for women negotiating the questions and circumstances that arise during conception, pregnancy and childbirth, it remains unclear what role the Internet plays in challenging the current biomedical paradigm and empowering women to make meaningful choices. This article explores how women use the Internet to manage their pregnancies and mediate their doctor–patient relationships, particularly examining the role of social class and personal health history in shaping such Internet use. (...) Drawing from in-depth interviews with white middle-class mothers, the findings show that rather than using technology to resist the dominant biomedical paradigm, most women turned to online resources that affirmed mainstream medical authority and continued to rely on their doctors. By providing the means to confirm normalcy and take control in their reproductive experiences, the Internet enables socially privileged women to more fully perform the informed patient role in order to demonstrate their competence as mothers. (shrink)

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...) modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

It is with great pleasure that I remember my visit to the University of Alberta in Fall 1995, and I would like especially to thank Eric Higgs, Andrew Light, and Ray Morrow for making my visit an especially memorable one. During my visit, we participated in a series of seminars on postmodern theory, critical theory, media culture, cultural studies, and the philosophy of technology and not surprisingly these themes were the focus of the symposium of my book Media Culture, which (...) we are now committing to print. Accordingly, I shall respond to each of the three commentators, focusing on the themes which they highlighted. This will enable me to clarify my positions on media culture, the philosophy of technology, and the Internet (Higgs); social theory, media culture, and cultural studies (Morrow); and media culture, identity, and identity politics (Light). The interconnection of these issues in Media Culture and my work in general points, I would argue, for the need to develop transdisciplinary theories to confront the issues, problems, and challenges of the contemporary moment as we negotiate the troubled terrain between the modern and the postmodern. (shrink)

Panarchy is a normative political meta-theory that advocates non-territorial states founded on actual social contracts that are explicitly negotiated and signed between states and their prospective citizens. The explicit social contract, or a constitution, sets the terms under which a state may use coercion against its citizens and the conditions under which the contract may be annulled, revised, rescinded, or otherwise exited from. Panarchy does not advocate any particular model of the state or social justice, but intends to encourage political (...) variety, innovation, experimentation, and choice. With its emphasis on explicit social contracts, Panarchy offers an interesting variation on traditional social contract theories. Today, Panarchist political thought is particularly relevant and interesting in the context of globalization, increased international migration, the weakening of national sovereignty, the rise of the internet "cloud" as a non-territorial locus of political and protopolitical social networks that are not geographic, the invention of cryptocurrencies that may replace national currencies, and the rise of urban centers where people of many different political identities live and work together. This is the first volume to bring together key philosophically and politically interesting yet often overlooked Panarchist texts. From the first published translation of de Puydt seminal 1860 article to contemporary Silicon Valley political theory, the volume includes Panarchist texts from different eras, cultures and geographical regions. The amassed wealth of theoretical insight enables readers to compare different texts in this tradition of political thought and distinguish different streams and varieties within this political tradition, in comparison with Cosmopolitanism, Contractarianism, and Anarchism. (shrink)

This article introduces the notion of ‘routinisation’ into discussions of informed consent. It is argued that the routinisation of informed consent poses a threat to the protection of the personal autonomy of a patient through the negotiation of informed consent. On the basis of a large survey, we provide evidence of the routinisation of informed consent in various types of interaction on the internet; among these, the routinisation of consent to the exchange of health related information. We also provide (...) evidence that the extent of the routinisation of informed consent is dependent on the character of the information exchanged, and we uncover a range of causes of routinisation. Finally, the article discusses possible ways of countering the problem of routinisation of informed consent. (shrink)

Irony has a suspicious moral reputation, especially in popular media and internet culture. Jonathan Lear (2011) introduces a proposal which challenges this suspicion and identifies irony as a means to achieve human excellence. For Lear, irony is a disruptive uncanniness which arises from a gap between aspiration and actualisation in our practical identity. According to Lear, such a disruptive experience of ironic uncanniness reorients us toward excellence, because it passionately propels us to really live up to that practical identity. (...) However, Lear’s understanding of irony is idiosyncratic and his proposal overlooks that disruption often results from value incompatibility between different practical identities. The disruption which follows from value incompatibility does not inherently reorient us toward excellence. The point is exactly that achieving excellence in one practical identity is sometimes incompatible with excellence in the other. Pace Lear, I do not identify this disruptive experience as a central example of irony. Instead, I consider irony a virtuous coping strategy for such disruption, because it introduces the necessary distance from our moral imperfection to sustain practical deliberation and maintain good mental health. Such virtuous irony negotiates a golden mean between too little disruption (complete insensitivity toward one’s imperfection) and too much disruption (a complete breakdown of practical deliberation and mental health). I argue that ironic media in popular culture provide a rich source of such virtuous irony, which I demonstrate through analysis of satirical examples. (shrink)

High-profile political scandals are symptomatic of a profound transformation of the relations between public and private life that has accompanied and helped to shape the development of modern societies. While the distinction between public and private life is not unique to modern societies, the emergence of new media of communication, from print to radio, television and the internet, has altered the very nature of the public, the private and the relations between them. Both the public and the private have (...) been reconstituted as spheres of information and symbolic content that are largely detached from physical locales and increasingly interwoven with evolving technologies of communication, creating a very fluid situation in which the boundaries between public and private are blurred, porous, contestable and subject to constant negotiation and struggle. The shifting boundaries between public and private life have become a new battleground in modern societies, a contested terrain where individuals and organizations wage a new kind of information war, a terrain where established relations of power can be challenged and disrupted, lives damaged and reputations sometimes lost. (shrink)

Research Ethics, Volume 18, Issue 1, Page 24-38, January 2022. Are social science, cross-border research projects, where recruitment and data collection are carried out remotely, required to follow similar ethical and data-sharing procedures as ‘on-the-ground’ studies that use traditional means of recruitment and participant engagement? This article reflects on our experience of dealing with this question when we had to switch to online data collection due to the restrictions posed by the COVID-19 pandemic, such as the inability to travel or (...) work in person with local communities and collaborators. Using social media platforms and online data collection when conducting research brings many advantages, such as being able to communicate remotely but directly with gatekeepers and collaborators, and in reaching potential participants on a global scale. However, neither the guidelines and advice for conducting ethically sound internet-based research, nor the academic literature focussed on building equitable research partnerships between the Global North and the Global South, offer much information regarding the ethical concerns, or address the grey areas, posed by this type of digital and distanced transnational research. In our experience, conducting research remotely made negotiations of access very challenging due to the politics of positionality between Global North and South researchers, lack of clarity on ethical processes and perceptions of gatekeepers who we could not meet in person. We hope the reflections on, and discussion of, our experience encourage deliberation on the present ethical challenges posed by online and social-media-disseminated data collection, particularly in cross-border circumstances. (shrink)

Purpose– The purpose of this paper is to develop a conceptual framework to contextualize young people’s lived experiences of privacy and invasion online. Social negotiations in the construction of privacy boundaries are theorized to be dependent on individual preferences, abilities and context-dependent social meanings.Design/methodology/approach– Empirical findings of three related Ottawa-based studies dealing with young people’s online privacy are used to examine the benefits of online publicity, what online privacy means to young people and the social importance of privacy. Earlier (...) philosophical discussions of privacy and identity, as well as current scholarship, are drawn on to suggest that privacy is an inherently social practice that enables social actors to navigate the boundary between self/other and between being closed/open to social interaction.Findings– Four understandings of privacy’s value are developed in concordance with recent privacy literature and our own empirical data: privacy as contextual, relational, performative and dialectical.Social implications– A more holistic approach is necessary to understand young people’s privacy negotiations. Adopting such an approach can help re-establish an ability to address the ways in which privacy boundaries are negotiated and to challenge surveillance schemes and their social consequences.Originality/value– Findings imply that privacy policy should focus on creating conditions that support negotiations that are transparent and equitable. Additionally, policy-makers must begin to critically evaluate the ways in which surveillance interferes with the developmental need of young people to build relationships of trust with each other and also with adults. (shrink)

Online communities, created and sustained by people sharing and discussing texts on the internet, play an increasingly important role in social health movements. In this essay, we explore a collective mobilization in miniature through an in-depth analysis of two satiric texts from an online community for people with myalgic encephalomyelitis (ME). By blending a sociological analysis with a rhetorical exploration of these texts, our aim is to grasp the discursive generation of a social movement online community set up by (...) sufferers themselves to negotiate and contest the dominating biomedical perception of their condition. (shrink)

This investigation joins recent research on problems with ambiguity in two fields, argumentation and computing. In argumentation, there is a concern with fallacies arising from ambiguity, including equivocation and amphiboly. In computing, the development of agent communication languages is based on conversation policies that make it possible to have information exchanges on the internet, as well as other forms of dialogue like persuasion and negotiation, in which ambiguity is a problem. Because it is not possible to sharply differentiate between (...) problems arising from ambiguity and those arising from vagueness, obscurity and indeterminacy, some study of the latter is included. The semantic web is based on what are called ontologies, or systems of classification of concepts, shown to be useful tools for dealing with these problems. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from (...) onejurisdiction to the next.The Internet has brought with it new forms ofcommunication which make determining the loci of actseven more complicated. Where are contracts negotiatedwhen they are negotiated in cyberspace? Business isbeing conducted in chat rooms, on web sites, andthrough e-mail. Each of these is technically distinctfrom telephones and fax machines. More importantly,these tools seem ontologically different, in varyingdegrees, from traditional methods of communication.The question is, are these ontological differencessufficient to warrant new legal notions ofjurisdiction in cyberspace?Only a thorough ontological analysis of the parts ofcyberspace and acts ``in'''' it can reveal the answers tothe legal questions posed by this new medium.Traditional legal analyses have relied, in part, on acrude legal ontology. That is, courts have grappledwith notions of the topology and mereology of theworld and legal objects when considering questions ofjurisdiction. There is a simpler, theoretically soundmethod for determining legal jurisdiction which isbased upon the notion of ``purposeful direction,'''' andwhich treats computer-mediated transactions as justanother form of communication. I will explore thatmethod below. (shrink)

Nanomaterials are handled in global value chains for many different products, albeit not always recognisable as nanoproducts. The global market for nanomaterials faces an uncertain future, as the international dialogue on regulating nanomaterials is still ongoing and risk assessment data are being collected. At the same time, regulators and civil society organisations complain about a lack of transparency about the presence of nanomaterials on the market. In the project on Sustainable Nanotechnologies, a Decision Support System has been developed, primarily for (...) confidential use by risk and sustainability managers inside a company or consortium. In this article, we formulate a scenario concerning a potential role for an open access decision support system in negotiations on international agreements regulating trade in nanomaterials. The scenario includes design rules for decision support systems as well as procedures for use of such a system in stakeholder dialogue and policy-making on governance of these and other emerging technologies. This article incorporates analysis of results of stakeholder engagement on nanomaterials as well as literature and internet sources suggested by these stakeholders. (shrink)

The body in-pain has regularly been relegated to "the dark side"of Western biomedicine, academic research, and even everyday life. Following Starhawk's aptly titled resuscitation of "the dark"as a fertile source of spiritual transformation (Dreaming the Dark, 1982), this essay examines the ways in which intractable pain can open up the body to "a new body in the making" —one that engages with pain kinesthetically as well as discursively. This essay explores three ethnographic cases emerging from three different American fieldvvork sites. (...) An Internet mailing list called WITSENDO constitutes the first case; through often daily participation in this electronic mailing list, women suffering from endometriosis co-create a virtual community that strikingly mitigates their experiences of chronicand intense pain. The shift in how long-term clients of acupuncture care regard needling is the locus of the second case. Acupuncture treatments in American clinical settings often negotiate an American cultural assumption that needles are painful; this second case documents what happens to patients' "fear" of needles and experiences of pain after regular acupuncture treatments. The third case focuses on adepth interview with an American doula who provides labor support for women primarily in hospital settings, this interview explores the conditions under which American women in labor experience pain and how alternative birth professionals define and conceive of pain during childbirth.These three ethnographic cases highlight the cultural construction of pain by delving into the ways that pain sufferers and health care practitioners engage with the body-in-pain. Such engagements occur in the realm of language - both discursive and kinesthetic language. (shrink)

In the new era of technology, internet turns to be one of the main sources of information, since it is considered cheaper and easier to use. Hence in tourism, two main pull factors influencing potential tourist to visit a destination are recognized as nature and culture which a destination offers. The acceptance of culture as one of the important factors in tourists’ motivation, heritage sites become popular in many countries especially those which are nominated as world heritage sites. This (...) paper is to analyze the condition of available online information about George Town world heritage spots (Penang, Malaysia). As far as heritage is one of the products of tourism and tourism, on the other hand, is a big help for sustainability of heritage sites, providing sufficient information about tourism heritage sites as a promotional key is very important. Top ten tourism websites were chosen and content analysis was performed to find the current situation of those websites. By recognizing heritage as tangible and intangible, the result shows that although the intangible heritages need more concern in sustainability matter, but the information about them are not as complete as the tangible ones. Lack of proper information was seen in most websites and the focus of information was more on tangible heritage and among intangible heritage, the main focus was on food. To support the result of analysis, in-dept interviews were conducted by couple of heritage offices in the city. The main reason behind the lack of sufficient information about intangible heritage seems to be the lack of complete list of them and moreover, promoting this division of heritage needs negotiation with the local residence involving in those activities. The paper suggests providing a complete list of George Town world heritage as far as some of them are disappearing lately, and keeping this valuable world heritage sustainable for next generation needs detailed study and completing the list as soon as possible. In this regard those intangible heritages which are in hazard of disappearing can be maintained by the effort of key holders of the field. Moreover, providing the mentioned list helps the information providers, especially related websites to focus equally on tangible and intangible George Town world heritage. (shrink)

Purpose The purpose of this paper is two-fold. First, it explores the extent to which diversity of connectivity or the connection through multiple internet access points may facilitate online privacy behavior. Second, it explains the diversity of connectivity-online privacy behavior link in terms of information literacy. Design/methodology/approach Situated in the context of urban poor youth in the Philippines, this paper used a quantitative approach, specifically an interview-administered survey technique. Respondents were from three cities in Metro Manila. To test for (...) indirect relationship, survey data were analyzed using bootstrapping technique via SPSS macro PROCESS. Findings Urban poor youth with diversified connection to the internet engaged in online privacy behavior. The more the youth are connected to the internet through diverse modalities, the more this fosters cautious online privacy behavior. In addition, information literacy explained how diversity of connectivity facilitated online privacy behavior. It suggests that differences in online privacy behavior may result from the extent of basic know-how of navigating online information. In the context of the urban poor in the Global South, the youth are constantly negotiating ways to not only connect to the internet but also acquire digital skills necessary for protective online behaviors. Originality/value To date, this is one of the few papers to contribute to conversations about online privacy among youth in the Global South. It broadens the literature on social determinants of online privacy behavior that is crucial for designing policy interventions for those in the margins. (shrink)

: Several recent studies in science and technology studies (STS), and in the history of science and technology, have highlighted the stochastic and uncontrollable nature of technological trajectory. In this paper I will examine three technologies--the Triode, the numerically controlled (NC) machine tool, and the Internet--each of which reflects a different aspect of technological uncertainty. I will argue that the Triode's seemingly unpredictable evolution is partly caused by limitations in our present historical knowledge about it. The NC machine's mysteriously (...) unpredictable life emerged partly from the unpredictability in the conflict between workers and managers, and partly from historians' blurring the boundary between workers and managers, combining them into one general category--humans--and contrasting humans with machines. Finally, I will show that the Internet's tremendous momentum should not be interpreted as showing technology's autonomous life, since American engineers constantly intervened in its course through public shows and through the negotiation for international standardization procedures. On this basis, I will also critically examine the cultural meaning of autonomous technology including the constructivist discourses of nonhuman agency. (shrink)

Built upon the foundations of the Internet, the World Wide Web has been the most significant technological development within recent history, sparking a reformulation of both capitalism and resistance. The Web is defined as a « universal information space » by its inventor Tim Berners-Lee of the W3C, reflecting the universal scope of politics and struggle today. Yet while its effects have been scrutinized, the Web itself has received little inquiry. The composition of the governing networks that control the (...) infrastructure of the Web have only recently been engaged with by activists with the ICANN affair and WSIS protests. The Web is governed by a network that is composed of an « immaterial aristocracy » of radical democratic « hackers », corporations such as Google and Microsoft, and non-governmental organizations such as the Internet Engineering Task Force and World Wide Web Consortium. These networks continually negotiate between the needs of global capitalism and the desires of immaterial labour on the Web. (shrink)

Cosmopolitans inspire us to consider ourselves as citizens of the world and to take this allegiance to the world community as relevant in our moral deliberations. Cosmopolitanism is a western notion that epitomizes the need social agents have to conceive of a political and cultural entity, larger than their own homeland, that would encompass all human beings on a global scale. Cosmopolitanism presupposes a positive attitude towards difference, a desire to construct broad allegiances and equal and peaceful global communities of (...) citizens who should be able to communicate across cultural and social boundaries forming a Universalist solidarity. Its inclusive drive is most evident in moments of crisis of other modes of representing and ascribing membership to existing socio-political and cultural units. Cosmopolitanism slowly began to come to the fore again with the renewed study of more ancient texts, but during the humanist era cosmopolitanism still remained the exception. Despite the fact that ancient cosmopolitan sources were well-known and that many humanists emphasised the essential unity of all religions, they did not develop this idea in cosmopolitan terms. In most versions of cosmopolitanism, the universal community of world citizens functions as a positive ideal to be cultivated, but a few versions exist in which it serves primarily as a ground for denying the existence of special obligations to local forms of political organisations. Versions of cosmopolitanism also vary depending on the notion of citizenship they employ, including whether they use the notion of 'world citizenship' literally or metaphorically. The philosophical interest in cosmopolitanism lies in its challenge to commonly recognised attachments to fellow citizens, the local state, parochially shared cultures, and the like. Cosmopolitanism: Uses of the Idea compiles both historical and contemporary methodologies to cosmopolitanism, in addition to recognising its multidimensional nature to show the essence of cosmopolitanism as a theoretical idea and cultural practice. Since its inception, cosmopolitanism has been a category marked by a need to negotiate with others and has reflected tensions between local and supralocal realities, ethnocentric and relativist perspectives, and particularism and universalism. Historically, cosmopolitanism has mirrored the ideologies of different periods and modes of integration to larger, imperial or global, political entities. The Internet has brought about the possibility of a transnational imagined virtual community: a decentred cosmopolitan crowd, synchronized by cyberspace, interacting on real-time, and engaging in global commercial, cultural and political exchange. A number of works provide general overviews of cosmopolitanism, including its practices, theorising, and interpretations of issues in contemporary political and social theory. The monograph examines the idea of cosmopolitanism -- what it is and what it entails and its role in addressing global issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 61-73 [Access article in PDF] Free Words to Free ManifestaSome Experiments in Art as Gift Sal Randolph Free Words It began this way. Standing nervously in a bookstore, in front of the section on literary theory, hidden from the eyes of the staff, I reached my hand into my bag like a thief and pulled out a hot pink book. I looked up (...) and down the aisle. No one was watching. O.K., now. I slipped it into the shelf among the F's (file under Free) and it was done.So I began my career as in infiltrator of public spaces, a thief not of books but of shelf space, of access. A bypasser of gateways, permissions, and procedures.The book was called Free Words, and was an art project of mine. Its content was a list of 13,000 words I had collected over ten years. I had uncopyrighted the text, placing it in the public domain (no rights reserved), and labeled the book as free. No price tag, no barcode, no ISBN. The back cover said only "this book belongs to whoever finds it." I had printed 1,000 copies of it, and the idea was to create a kind of situation.Someone who came across the book would have to decide what it was and who really owned it. If they wanted it, they would have to decide whether to walk out with it like a shoplifter, or whether to negotiate something [End Page 61] with the sales clerk. Bookstores would have to either purge the book or harbor it. There was a brief explanation and a web address at the back of the book, and if anyone made it to the site there was an invitation to become a distributor of the book, to join in the process of placing it in bookstores and libraries.I spent a few months like that as 2001 came to a close: October, November, December; walking through a New York stunned by September 11, developing the habit of nonobedience. 1 This was the time when the media was telling us to shop, when we were being told to agree,as if agreement and shopping were the definition and extent of our citizenship.At first I was nervous, afraid of being stopped, but after a couple hundred books I relaxed. I was never questioned. The more I did it, the more the commercial space of the city seemed like public space, my space. The city, recovering month by month, felt more like an ecology—a human social ecology, intricate and interdependent. There were more ways of living within it and participating in it than I had supposed.One of the questions raised by cities is who we are in them. How do we find ourselves as individuals, as agents? What kinds of citizenship are possible? Something about this project changed my relationship to the city from being a passive inhabitant of its structures, both social and architectural, to being more active, as I began to feel free to engage those structures more playfully, and to create new structures.As the winter deepened, the Free Words project began to develop in a surprising way. On the website I invited people to become volunteer distributors of the book. I expected that a small number of people would find their way from the book to the website and an even smaller number of those might become distributors. What happened was something quite different: a few people did find the book and the website, but they weren't all interested in simply becoming distributors themselves. Some of them told the story of Free Words on various online forums, journals, and blogs, passing it on through their internet communities. Dozens of people who had never seen a copy of the book found their way to the site, and I began shipping batches of books to volunteers all over the country and the world. I printed more, and then more again.For me the project became like a kind of... (shrink)

This book focuses on dialog from a varied combination of fields: Linguistics, Philosophy of Language and Computation. It builds on the hypothesis that meaning in human communication arises at the discourse level rather than at the word level. The book offers a complex analytical framework and integration of the central areas of research around human communication. The content revolves around meaning but it also gives evidence of the connection among different points of view. Besides discussing issues of general interest to (...) the field, the book triggers theoretical argumentation that is currently under scientific discussion. It examines such topics as immanent reasoning joined with Recanati's lekta and free enrichment, challenges of internet conversation, inner dialogs, cognition and language, and the relation between assertion and denial. It proposes a dialogical framework for intra-negotiation and gives a geolinguistic perspective on spoken discourse. Finally, it examines dialog and abduction and sheds light on a generation of dialog contexts by means of multimodal logic applied to speech acts. (shrink)

Although not frequently regarded as controversial, digital communications industries continue to be sites of CSR conflicts, particularly internationally. Investigating CSR issues in the digital communications industry is pertinent because in addition to being one of the fastest growing industries, it has created a host of new CSR issues that require further attention. This case study examines an incident in early 2010, when Google Inc. China and the Chinese government reached an impasse that produced a large-scale, transnational conflict that reached a (...) head ostensibly over state-mandated censorship, ultimately prompting Google to withdraw from the mainland Chinese market and redirect its activities to Hong Kong. We track Google's experience in China, both to explore its strategies and to consider the implications for corporate social responsibility. We situate Google's drastic decision to withdraw entirely from mainland China in the complex multiplicity of ethical, cultural, and political conflicts that affect this particular case. On a broader level, the incident raises the question of how multinational corporations (MNCs) can achieve corporate growth while negotiating the highly sensitive sociopolitical and institutional environments of foreign nations. (shrink)

This paper applies a virtue epistemology approach to using the Internet, as to improve our information-seeking behaviours. Virtue epistemology focusses on the cognitive character of agents and is less concerned with the nature of truth and epistemic justification as compared to traditional analytic epistemology. Due to this focus on cognitive character and agency, it is a fruitful but underexplored approach to using the Internet in an epistemically desirable way. Thus, the central question in this paper is: How to (...) use the Internet in an epistemically virtuous way? Using the work of Jason Baehr, it starts by outlining nine intellectual or epistemic virtues: curiosity, intellectual autonomy, intellectual humility, attentiveness, intellectual carefulness, intellectual thoroughness, open-mindedness, intellectual courage and intellectual tenacity. It then explores how we should deploy these virtues and avoid the corresponding vices when interacting with the Internet, particularly search engines. Whilst an epistemically virtuous use of the Internet will not guarantee that one will acquire true beliefs, understanding or even knowledge, it will strongly improve one’s information-seeking behaviours. The paper ends with arguing that teaching and assessing online intellectual virtues should be part of school and university curricula, perhaps embedded in critical thinking courses, or even better, as individual units. (shrink)