This paper has two aims. The first is to explain a type of wrong that arises when agents obscure responsibility for their actions. Call it “agency laundering.” The second is to use the concept of agency laundering to understand the underlying moral issues in a number of recent cases involving algorithmic decision systems. From the Proceedings of the 14th International Conference, iConference 2019, Washington D.C., March 31-April 3, 2019.

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

This paper has two main goals. The first is to defend a particular account of answerability according to which a person is (morally or criminally) answerable for their conduct if it is (morally or criminally) wrongful under the same description under which it is imputable to their agency. Negating defences in law aim to defeat criminal answerability by negating some element of the charged offence while their moral analogues aim to defeat moral answerability by defeating the aptness of the description (...) under which an action is imputed. In contrast, affirmative defences and their moral analogues aim to defeat the move from answerability to liability to sanction by offering an exculpatory explanation for the wrongful conduct. The second goal of this paper is to argue that there are important differences between the way that ignorance functions in negating defences and their moral analogues and affirmative defences and their moral analogues. Specifically, when ignorance functions to defeat answerability, it need only be sincere, but it is typically limited to matters of fact, whereas both moral and non-moral ignorance can excuse one from liability but only if non-culpable. (shrink)

I argue that there are instances in which lying to an innocent and generally competent person respects her autonomy, contrary to arguments by Christine Korsgaard and Onora O’Neill. These authors say that respect for a person’s autonomy requires treating her in a way consistent with the possibility of consent, but I contend that the possibility of consent condition is unworkable. I maintain that lying can respect individual autonomy when being truthful to a person undermines her choices and lying gets her (...) what she would reasonably see herself as having most reason to choose in the circumstances. I make my case by reflecting on lying invitations to a surprise party and on negotiation phenomena. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

-/- Caring for loved ones with dementia can sometimes necessitate a loose relationship with the truth. Some might view such deception as categorically immoral, and a violation of our general truth-telling obligations. I argue that this view is mistaken. This is because truth-telling obligations may be limited by the particular relationships in which they feature. Specifically, within caregiving relationships, we are often permitted (and sometimes obligated) to deceive the people with whom we share them. Our standing to deceive follows from (...) certain features of caregiving relationships. Specifically, they are relationships that involve obligations to promote a person's interests and values (and not simply their autonomy), that often permit us to assume the hypothetical consent of the person with whom we share them, and in which we are often entitled to act out of self-interest. Once we appreciate these features, we will be able to recognize that the truth-telling norms governing our relationships with loved ones with dementia do not represent a radical departure from our general truth-telling obligations, but are instead consistent with truth-telling norms that feature in other caregiving relationships. In addition, we will be able to understand why we may feel conflicted about lying to loved ones with dementia, even when lying is permissible. (shrink)

Life is so wretched that it would be impossible to endure were it not for the luminous beams of illusion that guide us through its darkest moments. Many argue, perhaps not to this degree, that were it not for some modest illusions about the world and ourselves we would experience a serious decline in quality of life. On those not-so-good days, this claim strikes me as irresistible. How would I endure life and maintain my sanity if I had to embrace (...) each and every disgusting and disheartening fact about the world? Perceiving the world in a way that is neither clear-eyed nor complete may not be without its advantages. But even if being mistaken about the world or self-deceived causes one to be healthier or more comfortable, it is worth asking whether there is something to be said against a life of this kind. Might there not be some knowledge about ourselves or the world that we ought to have? Do not these ‘positive illusions,’ or flattering but inaccurate beliefs that people have about themselves and the world, interfere with their ability to live the good life? In the first part of this paper, I will briefly review the psychological literature which suggests that mild self-deception in the positive direction contributes to, rather than compromises, a person’s well-being. I will then, in the second part of the paper, examine what three thinkers, Joseph Butler, Immanuel Kant, and W.K. Clifford, have said about the wrongfulness of self-deception. While their arguments call attention to various reasons for thinking that some cases of self-deception might give rise on balance to negative consequences, they fail to show that all cases must have this effect. In the final part of the paper, I will consider whether our interest in autonomy might provide us with a better explanation of the supposed wrongfulness of self-deception. I will try to show that in virtue of being mistaken alone, the self-deceiver generally experiences some loss of a particular kind of autonomy. Nevertheless, my analysis will leave open the following two possibilities: that the loss of autonomy was autonomously brought about, and that the loss of autonomy in question may result on balance in an increase in the self-deceiver’s autonomy. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Corporations have scrambled to bring to market products positioned and advertised as addressing the needs of the environmentally-conscious consumer. The vast majority of claims presented in support of these products are best described, however, as confused, misleading or outright illegal. Ethical considerations have not yet been integrated into environmental marketing, and as a result, long-term harm on both the individual and societal level may result. A framework for reversing this trend is presented. It identifies the sequence of actions necessary for (...) the development and communication of ethical environmental marketing claims. The sequence is based upon two aspects of ethical theory: moral style and normative behavior. Specific implications for marketers'' actions at each stage in the sequence of framework development are also discussed. (shrink)

Recent philosophy has developed an overblown concept of autonomy. In fact we do not have moral autonomy, and personal autonomy we only have in the sense of being able to decide some things that affect the course of our lives, not in the sense of shaping these lives and being master over them; nor ought we to have autonomy in the latter sense, or come closer to having it. As for our political institutions, they do not presuppose, as prevailing doctrines (...) claim they do, citizens’ autonomy in a more demanding sense. Freedom and democracy as understood for instance in the German constitution only assume subordinates capable of deciding some matters on their own. Current talk of autonomy is just gilding people’s real dependence. (shrink)

Einer weit verbreiteten Auffassung zufolge ist es moralisch besser, eine andere Person in die Irre zu führen als sie anzulügen. Diese Auffassung ist in neuerer Zeit jedoch ausführlich von Bernard Williams und Jennifer Saul kritisiert worden – ihnen zufolge verdankt sich unsere moralische Präferenz für Irreführungen einem Irrtum und lässt sich bei näherer Betrachtung nicht aufrechterhalten. Im ersten Teil des Aufsatzes versuche ich demgegenüber zu zeigen, dass es in manchen Fällen tatsächlich moralische Gründe gibt, statt zu lügen in die Irre (...) zu führen. Im Mittelpunkt steht dabei eine expressive und beziehungsorientierte Analyse von Irreführungen: Wir können mit Irreführungen, so die zentrale These, im Unterschied zu Lügen zumindest in manchen Fällen zum Ausdruck bringen, dass wir die andere Person respektieren und uns die Fortführung einer vertrauensvollen Beziehung mit ihr am Herzen liegt. Im zweiten Teil weise ich dann allerdings nach, dass die moralische Präferenz für Irreführungen nicht in allen Fällen gerechtfertigt ist – zum einen, weil der mit Irreführungen zum Ausdruck gebrachte Respekt gegenüber anderen Personen nicht immer angemessen ist, und zum anderen, weil mit Irreführungen nicht in allen Situationen Respekt vor der anderen Person und ein Interesse an einer vertrauensvollen Beziehung mit ihr zum Ausdruck gebracht werden kann. (shrink)

In this paper I present a moral account of the legal notion of deceptive advertising. I argue that no harmful consequences to the consumer need follow from a deceptive advertisement as such, and I suggest instead that one should focus on the consequences of permitting the practise of deceptive advertising on society as a whole. After a brief account of deceptive advertising, I move to discuss the role of the reasonable person standard in its definition. One interpretation of this standard (...) is empirical, aiming to objectify the quality of misleadingness in the advertisement. I offer an alternative normative interpretation which aims to draw the line between the advertiser's responsibility and that of the consumer, between misleading and miscomprehension. I then examine and reject several possible moral grounds for condemning and prohibiting deceptive advertising. These include: harm, in the sense of welfare, to the misled consumer; harm to competitors; and a violation or a reduction of the consumer's autonomy. Finally, I explain how the effect of the practise of deceptive advertising on society as a whole should inform our normative line-drawing between misleading and miscomprehension, and how it provides the basis for the moral evaluation of deceptive advertising. (shrink)

In recent decades, feminists have pointed out how prominent ethical theories are primarily concerned with establishing rules of conduct between strangers who share the same social status. As Claudia Card points out, such theories outline explicit expectations and rewards of formal relationships; these relationships characterize formal institutions, such as law and business, and the considerations of upper-class men who predominate in such institutions. An ethics which focuses on the impersonal application of rules risks overlooking attentiveness to personal needs, a crucial (...) quality in caring relationships which women and poorer classes have had primary responsibility for sustaining. For example, women have had greater pressure than men to be attentive to the particular needs of their children and households, while poorer workers have had to attend to the idiosyncrasies of their customers and employers. Moreover, contractarian theories of ethics idealize an equality of status which is not always possible or desirable: Ethical theories should be able to inform us in how we ought to treat our children, or how people should take care of others with disabilities. I will argue that virtue theories can be particularly responsive to these feminist criticisms. Since a feminist ethical theory must be able to evaluate and critique both feminine and masculine practical considerations, I will examine how virtue theories emphasize caring qualities alongside some endorsed by contractarian theories. I will then discuss how understanding gendered notions of care can highlight unjust social practices, by reference to Card’s distinction of formal institutions and Annette Baier’s notion of caring professions. Furthermore, I will point out how emphasizing moral agents’ personal qualities and circumstances can inform conditions for just laws, as exemplified by Rosalind Hursthouse’s ethical examination of abortion. In these ways, virtue theory can provide a moral context within which values of justice and care are jointly cultivated. (shrink)

Martha Nussbaum attempts to improve the clarity of the obscure talk of feminists and conservatives about objectification in connection with sexual matters. Her discussion is a substantial improvement. However, it is inconsistent and opaque, and she continues to apply the pejorative term ‘objectification’ to activities which she herself admits are morally unproblematic and which may even be a joyous part of life. I explain the deficiencies in Nussbaum’s discussion, including the fact that she does not notice the one way of (...) objectification that seems inherently problematic, and I show that casual sex, prostitution and pornography are normally not morally problematic even while they exhibit some of Nussbaum’s ways of objectification. The term ‘objectification’ should be eschewed because it is a barrier to clear thinking. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created by such resources (...) also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)