Health professionals, by agreeing to provide care, accept a fiduciary role that entails an obligation to preserve trust. We trust health professionals to be competent, to promote patient interests, and to properly utilize their discretionary power. While some health professionals argue that such activities as secretly screening for drugs or sexually transmitted diseases are necessary to fulfill their fiduciary obligations, these may actually constitute a breach of trust. In this paper, I argue that, in the specific case of Munchausen’s Syndrome (...) by Proxy, covert surveillance is ethically justifiable and does not constitute a breach of trust and an abuse of the fiduciary relationship. (shrink)

An assessment of a protocol devised to guide practitioners thinking of using covert video surveillance. Such surveillance is particularly used to help identify cases of Munchausen's syndrome by proxy. The protocol in question has been written by staff at the Academic Department of Paediatrics, North Staffordshire Hospital, Stoke-on-Trent in association with their local Area Child Protection Committee and has been commended by the Department of Health to others wishing to implement covert video surveillance.

In their reply to my recent paper on Munchausen's syndrome by proxy, Professor Southall and Dr. Samuels concede that some things may be learned from my observations. They do not attend to the main argument of the paper, however, that the proportion of research interest in their use of covert video surveillance merits consideration of the research protocol by an independent research ethics committee. It will not do simply to assert that the use of this technology for the (...) purposes outlined in their accounts is not research. I formulated arguments based on facts divulged in those published accounts for regarding their work as containing a considerable proportion of research activity. Unfortunately their reply did not address these arguments. Until such points are adequately answered the protection of patients calls for satisfactory judgments to be made on certain important issues which any research ethics committee would be obliged to consider in an evaluation of their activities. I suggest that some of these features will create more difficulties for approval of such a protocol than others. (shrink)

In some young children brought by their parents for diagnosis of acute life-threatening events investigations suggested imposed apnoea as the cause rather than spontaneous occurrence. Covert video surveillance of the cot in which the baby was monitored allowed confirmation or rebuttal of this diagnosis. That parents were not informed of the video recording was essential for diagnosis and we assert ethically justifiable as the child was the patient to whom a predominant duty of care was owed. The procedure (...) also avoids the risk of separation of child from parent on inadequate information. (shrink)

This paper is a response to Dr Shinebourne's response to my recent paper assessing the relative merits of the Staffordshire Protocol on covert video surveillance. Dr Shinebourne does not take the opportunity to rebut the criticisms made of the text of the protocol. It is further suggested that judicial oversight of the use of CVS might accord the process a degree of proportionality.

One million cases of child maltreatment and twelve hundred child deaths due to abuse and neglect occur per year. But since many cases of abuse and neglect remain either unreported or unsubstantiated due to insufficient evidence, the number of children who are abused, neglected, and killed at the hands of family caregivers is probably higher. One approach to combat child abuse in the U.K. has been the employment of hospital-based covert video surveillance (CVS) to monitor parents suspected of (...) Munchausen Syndrome by Proxy (MSBP). The use of CVS, however, raises concerns about voluntary informed consent, research on human subjects, privacy, and the appropriateness of healthcare providers to conduct CVS. More broadly, the use of CVS raises concerns about the ethical life of healthcare institutions and their moral obligations to the families and communities they serve. The U.K. protocol for CVS is examined in light of these concerns. Three alternative CVS protocols and two procedures for selecting a protocol are then proposed for use in the U.S. The paper concludes that any CVS protocol selected for use by hospitals ought to be selected by means of open and democratic processes that permit community input and, subsequently, the possibility of a consensus on the moral status and scope of CVS. (shrink)

When the editor invites comment on a response to an analysis of a criticism of a protocol already defended by the author in this journal, the issue is clearly contentious. I will comment briefly on Thomas's paper in this issue of the journal, and look at points of agreement as well as dissent.

In a recent article in this journal our unit was accused of a number of errors of judgment in applying covert video surveillance (CVS) to infants and children suspected of life-threatening abuse. The article implied, that on moving from the Royal Brompton Hospital in London to North Staffordshire Hospital, we failed to present our work to the Research Ethics Committee (REC). We did send our protocol to the REC though we did not consider that, after a total of (...) 16 patients had been documented as being the subject of life-threatening abuse, this was research. The REC in Staffordshire agreed with us. We were also accused of undertaking work that should be pursued by the Police. We agree with this. However, unlike the Metropolitan Police the Staffordshire Police would not undertake CVS. We fail to agree that 'working together' with parents is necessarily practical or safe when trying to protect children from life-threatening abuse of this kind. (shrink)

PurposeThis paper aims to present results of a study that focused on the question of how computer and data experts think about Internet and social media surveillance after Edward Snowden’s revelations about the existence of mass-surveillance systems of the Internet such as Prism, XKeyscore and Tempora. Computer and data experts’ views are of particular relevance because they are confronted day by day with questions about the processing of personal data, privacy and data protection.Design/methodology/approachThe authors conducted two focus groups (...) with a total of ten experts based in London. As London is considered by some as the surveillance capital of the world, and has a thriving Internet industry, it provided a well-suited context.FindingsThe focus group discussions featured three topics that are of crucial importance for understanding Internet and social media surveillance: the political economy surveillance in general; surveillance in the context of the Snowden revelations; and the question what the best political reactions are to the existence of a surveillance-industrial complex that results in political and economic control of the Internet and social media. The focus groups provided indications that computer and data experts are pre-eminently informed on how Internet surveillance works, are capable of critically assessing its implications for society and have ideas about on what should be done politically.Originality/valueStudies of privacy and surveillance after Edward Snowden’s revelations have taken on a new dimension: Large-scale covert surveillance is conducted in a collaborative endeavour of secret services, private communications corporations and security companies. It has become evident that a surveillance-industrial Internet surveillance complex exists, in which capitalist communications and security corporations and state institutions collaborate. (shrink)

Many computer users are happy to be oblivious of the workings within the machine and yet on some level it is important to know what is occurring therein. This paper discusses an unusual type of surveillance software which may be installed in many computers. The strange aspect of this software is that it has often been downloaded and installed by the user, but without her knowledge. The software is mainly designed to collect information about the user of the computer (...) and relay this information back to the software manufacturer. The download, installation, data collection and data transfer all take place within the users own computer but very seldom with the users knowledge. It is the intention of this paper to describe the technology involved and thereafter discuss how this new technology is affecting the online privacy debate. The paper continues to discuss the basis for legitimacy of technology and also the current level of technological deterrents available. The paper concludes with a comparison of two approaches at resolving the current problem, via legislation or the market approach. (shrink)

The War on Terror is an ambiguous term that has been used to circumvent the international laws of warfare. Instead of moving toward peace by way of limited warfare, and instead of preserving the independence of war and peace, War on Terror advances by masking itself in a fog of peace; it proliferates by overlapping the logic of “war-time” and “peace-time” operations. The fog of peace—as it shall herein be called—is a condition wherein the uncertainty qua “fog” of war,2 along (...) with its militarized logic, overlaps with and eventually replaces civilian peace-time-and-spaces. The War on Terror is thus not a limiting of war by way of the conventional modern mechanisms of international law and diplomacy; it is a continuation of war by other means, including the use covert, often black-boxed methods of information-capture and surveillance. Globally, states are expanding the powers of intelligence organs and deploying covert mass surveillance programs in the name of counter-terrorism. In this manner, counter-terrorism policies become instruments enabling states to become predatory, especially in relation to civilians. Under the banner of fighting terrorism, peace-time has unwittingly become colonized by the logic of war. (shrink)

The use of facial recognition technology (FRT) as a form of intelligence has recently made a prominent public appearance in the theater of war. During the early months of Russia's invasion of Ukraine, Ukrainian authorities relied on FRT as part of the country's defensive activities, harnessing the technology for a variety of purposes, such as unveiling covert Russian agents operating amid the Ukrainian population; revealing the identity of Russian soldiers who committed war crimes; and even identifying dead Russian soldiers. (...) This constellation of uses of FRT—in a war increasingly waged on the digital and information front—warrants ethical examination. The essay discusses some of the most serious concerns with FRT in the context of war, including the infringement of informational privacy; the indiscriminate and disproportionate harms it may inflict, particularly when the technology is coupled with social media intelligence; and the potential abuse of the technology once the fog of war dissipates. Some of these concerns parallel those to be found in nations that are not engulfed in war, but others are unique to war-torn settings. (shrink)

While the balance between individual privacy and government monitoring or corporate surveillance has been a frequent topic across numerous disciplines, the issue of privacy within the family has been largely ignored in recent privacy debates. Yet privacy intrusions between parents and children or between adult partners or spouses can be just as profound as those found in the more “public spheres” of life. Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family (...) relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. Parents are tracking children via GPS-enabled cell phone tracking software and are monitoring the Internet use of family members. Parents, siblings, and children are also posting information about their family members online, often without consent, and are creating social media profiles for others online. Prior scholarly work in philosophy and law has primarily addressed the privacy of children from third parties, usually commercial entities, and in the context of making medical decisions. Less attention has been directed at exploring a more general right of privacy of one family member against parents, siblings, children, or spouses. In this article, we do just that. We consider several moral rules that determine appropriate privacy boundaries within the family. More specifically, we will consider when overt or covert surveillance of a child, spouse, or partner by an adult family member is morally permitted. (shrink)

Nanomedicine plays a prominent role among emerging technologies. The spectrum of potential applications is as broad as it is promising. It includes the use of nanoparticles and nanodevices for diagnostics, targeted drug delivery in the human body, the production of new therapeutic materials as well as nanorobots or nanoprotheses. Funding agencies are investing large sums in the development of this area, among them the European Commission, which has launched a large network for life-sciences related nanotechnology. At the same time government (...) agencies as well as the private sector are putting forward reports of working groups that have looked into the promises and risks of these developments. This paper will begin with an introduction to the central ethical themes as identified by selected reports from Europe and beyond. In a next step, it will analyse the most frequently invoked ethical concerns–risk assessment and management, the issues of human identity and enhancement, possible implications for civil liberties (e.g. nanodevices that might be used for covert surveillance), and concerns about equity and fair access. Although it seems that the main ethical issues are not unique to nanotechnologies, the conclusion will argue against shrugging them off as non-specific items that have been considered before in the context of other biomedical technologies, such as gene therapy or xenotransplantation. Rather, the paper will call on ethicists to help foster a rational, fair and participatory discourse on the different potential applications of nanotechnologies in medicine, which can form the basis for informed and responsible societal and political decisions. (shrink)

Truth, Trust and Medicine investigates the notion of trust and honesty in medicine, and questions whether honesty and openness are of equal importance in maintaining the trust necessary in doctor-patient relationships. Jackson begins with the premise that those in the medical profession have a basic duty to be worthy of the trust their patients place in them. Yet questions of the ethics of withholding information and consent and covert surveillance in care units persist. This book boldly addresses these (...) questions which disturb our very modern notions of a patient's autonomy, self-determination and informed consent. (shrink)

Is there any reason not to spy on other people as necessary to get the facts straight, especially if you can put the facts you uncover to good use? To “spy” is secretly to monitor or investigate another's beliefs, intentions, actions, omissions, or capacities, especially as revealed in otherwise concealed or confidential conduct, communications and documents. By definition, spying involves secret, covert activity, though not necessarily lies, fraud or dishonesty. Nor does spying necessarily involve the use of special equipment, (...) such as a tape recorder or high-powered binoculars. Use of a third party agent, such as a “private eye” or Central Intelligence Agency operative is not necessary for surveillance to count as spying. Spying is morally troublesome both because it violates privacy norms and because it relies on secrecy and, perhaps, nefarious deception. Contemporary technologies of data collection make secret, privacy-invading surveillance easy and nearly irresistible. For every technology of confidential personal communication - telephone, mobile phone, computer email - there are one or more counter-technologies of eavesdropping. But covert surveillance conducted by amateur and professional spies still includes old-fashioned techniques of stealth, trickery and deception known a half century ago: shadowing by car, peeking at letters and diaries, donning disguises, breaking and entering, taking photographs, and tape recording conversations. The ethical examination of spying cannot be reduced to a conversation about reigning in the mischief potential of twenty-first century technology. We do need to concern ourselves with what tomorrow's spies will do with nanotechnology, but plenty of spying is possible with the time-tested techniques of the Baby Boomers, or even, for that matter, the Victorians. The philosophical problem I wish to consider here is the ethical limits of spying on others, when the reasons for spying are good. I explore the plausibility of three interrelated ideas. The first idea is one I will call the anti-spying principle: spying on other adults is prima facie unethical. The second idea is an exception to the anti-spying principle: spying on others is ethically permissible, even mandatory, in certain situations, where the ends are good. The third and final idea is a constraint on exceptions to the anti-spying principle: where spying is ethically permitted or required, there are ethical limits on the methods of spying. The virtuous spy will violate privacy and transparency norms, of course; but he or she will, to the extent possible, continue to act with respect for the moral autonomy and for the moral and legal interests of the investigative target. (shrink)

Is it morally permissible to spy on allied countries? What type of otherwise criminal acts may covert intelligence agents commit in order to keep their cover? Is it permissible to subject children of high-value targets to covert surveillance? In this article, I ask whether democratically elected politicians ought to rely on advice from ethics committees in answering moral choices in secret policy. I argue that ethics committees should not advise politicians on how they ought to conclude secret (...) moral choices. Instead, we can mandate ethics committees to provide advice aimed at improving the moral reasoning behind moral decisions in secret policy. Such advice, I argue, may add value to the decision process independently of whether it increases the chances of reaching morally correct conclusions. (shrink)

Privacy and surveillance scholars increasingly worry that data collectors can use the information they gather about our behaviors, preferences, interests, incomes, and so on to manipulate us. Yet what it means, exactly, to manipulate someone, and how we might systematically distinguish cases of manipulation from other forms of influence—such as persuasion and coercion—has not been thoroughly enough explored in light of the unprecedented capacities that information technologies and digital media enable. In this paper, we develop a definition of manipulation (...) that addresses these enhanced capacities, investigate how information technologies facilitate manipulative practices, and describe the harms—to individuals and to social institutions—that flow from such practices. -/- We use the term “online manipulation” to highlight the particular class of manipulative practices enabled by a broad range of information technologies. We argue that at its core, manipulation is hidden influence—the covert subversion of another person’s decision-making power. We argue that information technology, for a number of reasons, makes engaging in manipulative practices significantly easier, and it makes the effects of such practices potentially more deeply debilitating. And we argue that by subverting another person’s decision-making power, manipulation undermines his or her autonomy. Given that respect for individual autonomy is a bedrock principle of liberal democracy, the threat of online manipulation is a cause for grave concern. (shrink)

The use of covert video surveillance in the investigation of suspected life-threatening child abuse and Munchausen syndrome by proxy raises important ethical questions. That the recently reported provision of this facility in North Staffordshire was not presented to a Local Research Ethics Committee (LREC) for approval as a research exercise raises important questions about the ethical review of research and practice. The case made for avoiding such review is first set out and then examined. The three main premisses (...) which form the basis of the view that LREC approval is not required are identified and tested in turn. The conclusion is that there is an undeniable element of research involved in the procedure and that the welfare of all those subjected to the surveillance would be best protected by the submission of the protocol to an independent committee for ethical assessment. (shrink)

The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other grass-roots activists, (...) Snowden has in fact articulated a powerful defense of why he was morally obligated to engage in politically motivated law-breaking. He has also undertaken impressive efforts to explain how his actions are distinguishable from ordinary criminality, and why they need not culminate in reckless lawlessness. In fact, his example can perhaps help us advance liberal and democratic ideas about civil disobedience. First, it highlights sound reasons why, pace the orthodox view, the acceptance of punishment by those engaging in civil disobedience should not be seen as a precondition of its legitimacy. Second, Snowden reminds us that ours is an era in which intensified globalization processes directly shape every feature of political existence. Defenders of civil disobedience need to update their reflections accordingly. (shrink)

The proponents of late modern war like to argue that it has become surgical, sensitive and scrupulous, and remotely operated Unmanned Aerial Vehicles or ‘drones’ have become diagnostic instruments in contemporary debates over the conjunction of virtual and ‘virtuous’ war. Advocates for the use of Predators and Reapers in counterinsurgency and counterterrorism campaigns have emphasized their crucial role in providing intelligence, reconnaissance and surveillance, in strengthening the legal armature of targeting, and in conducting precision-strikes. Critics claim that their use (...) reduces late modern war to a video game in which killing becomes casual. Most discussion has focused on the covert campaign waged by CIA-operated drones in Pakistan, but it is also vitally important to interrogate the role of United States Air Force-operated drones in Afghanistan. In doing so, it becomes possible to see that the problem there may not be remoteness and detachment but, rather, the sense of proximity to ground troops inculcated by the video feeds from the aerial platforms. (shrink)

Cyber technology gives states the ability to accomplish effects that once required kinetic action. These effects can now be achieved with cyber means in a manner that is covert, deniable, cheap, and technologically feasible for many governments. In some cases, cyber means are morally preferable to conventional military operations, but in other cases, cyber's unique qualities can lead to greater mischief than governments would have chanced using kinetic means. This volume addresses the applicability of traditional military ethics to cyber (...) operations, jus ad vim, the rights of the targets of cyber operations, cyber sabotage, cyber surveillance, phase zero operations, psychological operations, artificial intelligence, and algorithmic ethics. Uniquely, it includes a number of cyber incidents that do not currently exist as case studies and have not received much public attention. This volume has been designed to work as a handbook for military and security professionals involved in cyber training, teaching, and application. (shrink)

Purpose This paper aims to introduce a cross-cultural study of the views and implications of Snowden’s revelations about NSA/GCHQ surveillance practices, undertaken through surveys administered in eight countries. The aims and academic and social significance are explained, and justification is offered for the methods used. Design/methodology/approach Pilot surveys were deployed in two countries, following which revised versions were deployed in eight countries. Quantitative analysis of suitable answer sets and quantitative analysis were performed. Findings Through the pilot survey studies conducted (...) in Japan and Spain, the academic significance and meaningfulness, as well as social significance of the project, were confirmed. Practical implications The results of the cross-cultural study are expected to contribute not only to the advance of surveillance study but also to the enhancement of ordinary, non-technical people’s awareness of state surveillance and their proactive approach to protecting their own rights and dignity from covert intrusion by government agencies. Originality/value This paper clarifies the importance and methodologies of investigating the social impact of Snowden’s revelations on youngsters’ attitudes toward privacy and state surveillance in a cross-cultural analysis framework. Although a few other studies have assessed the impact of Snowden’s revelations, these have mostly focussed on the USA, so this is the only study to date considering that impact on a broad international scale, using highly similar surveys to ensure comparability. (shrink)

In this issue of the JME, age-old questions around how to balance the interests of mother and fetus are revisited in two separate contexts: alcohol consumption during pregnancy, and maternal request caesarean sections. Both have been the subject of recent controversy in the UK, with March 2022 seeing the introduction of new National Institute for Clinical Excellence Quality Standards on combatting foetal alcohol spectrum disorder 1; and the publication of the long-awaited Ockenden Review into a series of failures in NHS (...) maternity care.2 Both raise important questions about the role of healthcare professionals in policing women’s choices during pregnancy and childbirth, and of the importance of deference to and trust in those choices. In this issue’s Feature Article, Rebecca Bennett and Catherine Bowden explore recent proposals to enhance the screening of pregnant women in order to prevent instances of fetal alcohol spectrum disorder through more accurately determining the true prevalence of alcohol consumption during pregnancy.3 Public Health England has suggested research into tools such as blood biomarkers and meconium testing,4 which could better identify those women who are consuming alcohol ‘covertly’ and so make FASD diagnoses more straightforward. As Bennett and Bowden rightly suggest, such a move is unlikely to realise the kind of public health or welfare gains which would justify this level of interference with the women’s autonomy, and may even result in more harm through discouraging engagement with antenatal care. However even absent these very intrusive methods of surveillance, the precautionary principle which underpins such policies — namely that in the absence of evidence that any alcohol is safe, women should be instructed to avoid it altogether — is itself difficult to justify. The evidence on alcohol consumption during pregnancy is mixed. While it is widely accepted that heavy …. (shrink)

I argue that there is nothing wrong with perfect voyeurism , covert watching or listening that is neither discovered nor publicized. After a brief discussion of privacy I present attempts from Stanley Benn, Daniel Nathan, and James Moor to show that the act is wrong. I argue that these authors fail to make their case. However, I maintain that, if detected or publicized, voyeurism can do grave harm and to that extent should be severely punished. I conclude with some (...) thoughts on the stubborn intuition that perfect voyeurism is wrong despite the absence of harm. (shrink)

The success or failure of an ineffective assistance of counsel claim turns largely on the testimony of trial counsel. It is therefore common for the government to communicate ex parte with trial co...

The Principles of Fair Information Practice are almost three decades old and need to be broadened to take account of new technologies for collecting personal information such as drug testing, video cameras, electronic location monitoring and the internet. I argue that the ethics of surveillance activity must be judged according to the means, the context and conditions of data collection and the uses/goals and suggest 29 questions related to this. The more one can answer these questions in a way (...) that affirms the underlying principle the more ethical the use of a tactic is likely to be. Four conditions are identified which, when breached, are likely to violate an individual's reasonable expectation of privacy. Respect for the dignity of the person is a central factor and emphasis is put on the avoidance of harm, validity, trust, notice and permission when crossing personal borders. (shrink)

Michael Walzer’s article ‘Political action: the problem of dirty hands’ initiated a new wave of discussion over a persistent problem in moral philosophy: are there situations in which ethical rules must be relaxed so as to bring about a greater good? In this article, we consider whether this ‘dirty hands’ approach may be applied to our current climate crisis. One proposed solution to the problem of global warming is the administration of moral enhancements to the population. Assuming that the administration (...) of moral enhancements is a necessary condition in the prevention of a climate crisis, Parker Crutchfield argues that this procedure ought to be covert. This implies lying to the public, and such dishonesty amounts to immoral behavior. We conclude that despite the severity of global warming, there is no justification for a dirty hands approach. Lying to the public in order to save the planet would probably create bigger problems, and it would ultimately be very counterproductive in trying to save the planet. (shrink)

The term 'covert mixed quotation' describes cases in which linguistic material is interpreted in the manner of mixed quotation — that is, used in addition to being mentioned — despite the superficial absence of any commonly recognized conventional devices indicating quotation. After developing a novel theory of mixed quotation, I show that positing covert mixed quotation allows us to give simple and unified treatments of a number of puzzling semantic phenomena, including the projective behavior of conventional implicature items (...) embedded in indirect speech reports and propositional attitude ascriptions, so-called 'c-monsters,' metalinguistic negation, metalinguistic negotiation, and 'in a sense' constructions. (shrink)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm cases to (...) expand the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

Despite recent growth in surveillance capabilities there has been little discussion regarding the ethics of surveillance. Much of the research that has been carried out has tended to lack a coherent structure or fails to address key concerns. I argue that the just war tradition should be used as an ethical framework which is applicable to surveillance, providing the questions which should be asked of any surveillance operation. In this manner, when considering whether to employ (...) class='Hi'>surveillance, one should take into account the reason for the surveillance, the authority of the surveillant, whether or not there has been a declaration of intent, whether surveillance is an act of last resort, what is the likelihood of success of the operation and whether surveillance is a proportionate response. Once underway, the methods of surveillance should be proportionate to the occasion and seek to target appropriate people while limiting surveillance of those deemed inappropriate. By drawing on the just war tradition, ethical questions regarding surveillance can draw on a long and considered discourse while gaining a framework which, I argue, raises all the key concerns and misses none. (shrink)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through (...) providing a definition of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

_Covert treatment raises a number of ethical and practical issues in psychiatry. Viewpoints differ from the standpoint of psychiatrists, caregivers, ethicists, lawyers, neighbours, human rights activists and patients. There is little systematic research data on its use but it is quite certain that there is relatively widespread use. The veil of secrecy around the procedure is due to fear of professional censure. Whenever there is a veil of secrecy around anything, which is aided and abetted by vociferous opposition from some (...) sections of society, the result is one of two: 1) either the activity goes underground or 2) it is reluctantly discarded, although most of those who used it earlier knew it was needed. Covert treatment has the dubious distinction of suffering both such secrecy and disapproval. Covert treatment has a number of advantages and disadvantages in psychotic disorders. The advantages are that it helps solve practical clinical problems; prevents delays in starting treatment, which is associated with clinical risks and substantial costs; prevents risk of self-destructive behaviour and/or physical assault by patient; prevents relapse; and prevents demoralization of staff. The disadvantages are that it maybe used with malafide intent by caregivers with or without the complicity of psychiatrists; it may be used to force conformity in dissenters; and the clinician may land himself in legal tangles even with its legitimate use. In addition, it may prevent insight, encourage denial, promote unhealthy practices in the treating staff and prevent understanding of why noncompliance occurs in the first place. Some support its use in dementia and learning disorders but oppose it in schizophrenia. The main reason is that uncooperative patients of schizophrenia (and related psychoses) are considered to be those who refuse treatment but retain capacity; while in dementia and severe learning disorder, uncooperative patients are those who lack capacity. This paper disputes this contention by arguing that although uncooperative patients of schizophrenia (and related psychoses) apparently retain capacity, it is limited, in fact distorted, since they lack insight. It presents the concept of insight-unconsciousness in a patient of psychosis. Just as an unconscious patient has to be given covert medical/surgical treatment, similarly an insight-unconscious patient with one of the different psychoses (in the acute phase or otherwise) may also have to be given covert treatment till he regains at least partial insight. It helps control psychotic symptoms and assists the patient in regaining enough insight to realize he needs treatment. Another argument against covert treatment is that people with schizophrenia have the capacity to learn and therefore can learn that they are required to take medications, but if medications are given covertly it may well fuel their paranoia. However, it should be noted that the patient who has lack of insight cannot learn unless he regains that insight, and he may need covert treatment to facilitate this process. Covert treatment can fuel the paranoia, true, but it can also control the psychotic symptoms sufficiently so that regular treatment can be initiated. In a patient who refuses to accept that he is sick and when involuntary commitment is not an option to be considered, covert treatment is the only option, apart from physical restraint. Ultimately, a choice has to be made between a larger beneficence (control of symptoms and start of therapy) and a smaller malevolence (necessary therapy, but without the patient's knowledge and consent). A number of practical clinical scenarios are outlined wherein the psychiatrist should adopt covert treatment in the best interests of the patient. Ethical issues of autonomy, power, secrecy and malafide intent arise; each of these can be countered only by non-malfeasance (above all, do no harm) under the overarch of beneficence (even above that, dare to care). An advance directive with health care proxy that sanctions covert treatment is presented. Questions raised by the practical clinical scenarios are then answered. The conclusions are as follows: covert treatment, i.e, temporary treatment without knowledge and consent, is seldom needed or justified. But, where needed, it remains an essential weapon in the psychiatrist's armamentarium: to be used cautiously but without guilt or fear of censure. However, the psychiatrist must use it very judiciously, in the rarest of rare cases, provided: i) he is firmly convinced that it is needed for the welfare of the patient; ii) it is the only option available to tide over a crisis; iii) continuing efforts are made to try and get the patient into regular psychiatric care; iv) the psychiatrist makes it clear that its use is only as a stop-gap; v) he is always alert to the chances of malevolence inherent in such a process and keeps away from conniving or associating with anything even remotely suspicious; and vi) he takes due precautions to ensure that he does not land into legal tangles later. The need of the hour is to explore in greater detail the need and justification for covert treatment, to lay out clear and firm parameters for its legitimate use, follow it up with standard literature and, finally, to establish clinical practice guidelines by unconflicted authors. The term "covert treatment" is preferable to "surreptitious prescribing"; they should not be used synonymously, the latter term being reserved for those cases where there is malafide intent._. (shrink)

In a recent article in this journal, Parker Crutchfield argues that if moral bioenhancement ought to be compulsory, as some authors claim, then it ought to be covert, i.e., performed without the knowledge of the population that is being morally enhanced. Crutchfield argues that since the aim of compulsory moral bioenhancement is to prevent ultimate harm to the population, compulsory moral bioenhancement is best categorized as a public health issue, and should therefore be governed by the norms and values (...) that apply in public health settings. In this article, I argue for two related claims. First, I question the extent to which compulsory moral enhancement should be considered a public health issue that ought to be governed by the norms and values that apply in public health settings. Second, I argue that Crutchfield's argument that covert moral bioenhancement would better respect people's autonomy than an overt program overlooks two important autonomy‐based reasons that, in fact, favor an overt moral enhancement program over a covert one. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of (...) animal rescue will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Artificial intelligence surveillance can be used to diagnose individual cases, track the spread of Covid‐19, and help provide care. The use of AI for surveillance purposes (such as detecting new Covid‐19 cases and gathering data from healthy and ill individuals) in a pandemic raises multiple concerns ranging from privacy to discrimination to access to care. Luckily, there exist several frameworks that can help guide stakeholders, especially physicians but also AI developers and public health officials, as they navigate these (...) treacherous shoals. While these frameworks were not explicitly designed for AI surveillance during a pandemic, they can be adapted to help address concerns regarding privacy, human rights, and due process and equality. In a time where the rapid implementation of all tools available is critical to ending a pandemic, physicians, public health officials, and technology companies should understand the criteria for the ethical implementation of AI surveillance. (shrink)

This paper is the result of the EMERGING ICT FOR CITIZEN VEILLANCE-workshop organized by the JRC, Ispra, Italy, March 2014. The aim of this paper is to explore how the subject participates in surveillance situations with a particular focus on how users experience everyday tracking technologies and practices. Its theoretical points of departure stem from Surveillance Studies in general and notions of participatory surveillance and empowering exhibitionism :199–215, 2004) in particular. We apply these theoretical notions on smartphones (...) and its users to investigate the combination of participation and surveillance. Empirically, the paper uses interviews held with urban nightlife visitors to uncover practices of smartphone use. This qualitative and explorative study contributes to the concept of participatory surveillance by discussing to what extent smartphone-users’ actions and motivations can be seen as forms of surveillance and how that influences these actors in a public space. We finish by setting out directions for studying mobile technologies of the self. (shrink)

Thanks to Michel Foucault, Jeremy Bentham's panopticon has become the iconic modern prison. But Foucault and most of his readers neglect the fact that a significant proportion of Bentham's panoptical writings were concerned with critically contrasting his ideal prison with the reality of penal transportation to New South Wales. Among his many criticisms, Bentham focussed particular attention on the problem of convict reform, arguing that surveillance was necessary to ensure genuine reformation, and that such surveillance was impossible in (...) the open prison of New South Wales. This connection between reformation and surveillance was a pervasive feature of Bentham's thought, reflected in his ideas for a centralised information state as well as his wider corpus on criminal justice. In this paper, I historicise Bentham's theory of reformative surveillance, and argue that Bentham, writing from London, misunderstood the importance of surveillance to the penal colony. At least in theory, convicts in New South Wales were subject to extensive systems of surveillance, and the failure of these systems in practice point to the limitations of Bentham's own, largely hypothetical, plans. (shrink)

This paper is as much about surveillance as about persuasive technologies (PTs). With regard to PTs it raises the question about the ethical limits of persuasion. It will be argued that even some forms of self-imposed persuasive soft surveillance technologies may be considered unethical. Therefore, the ethical evaluation of surveillance technologies should not be limited to privacy issues. While it will also be argued that PTs may become instrumental in pre-commitment strategies, it will also be demonstrated that (...) the use of persuasive surveillance technologies in order to influence the users to become more compliant, to get their consent more easily or making it harder to opt out of the system does give rise to ethical issues. (shrink)