This paper considers electronic monitoring (EM) a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. However, little has been said about EM from an ethical perspective. To evaluate EM from an ethical perspective, six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development.

The paper examines the ethics of electronic monitoring for advertising purposes and the implications for Internet user privacy using as a backdrop DoubleClick Incs recent controversy over matching previously anonymous user profiles with personally identifiable information. It explores various ethical theories that are applicable to understand privacy issues in electronic monitoring. It is argued that, despite the fact that electronic monitoring always constitutes an invasion of privacy, it can still be ethically justified on both (...) Utilitarian and Kantian grounds. From a Utilitarian perspective the emphasis must be on minimizing potential harms. From a Kantian perspective the emphasis must be on giving users complete information so that they can make informed decisions as to whether they are willing to be monitored. Considering the Internet advertising industrys current actions, computer users and government regulators would be well advised, both practically and ethically, to move to a user control model in electronic monitoring. (shrink)

The incidence of elder abuse has led to a growing trend of states taking various methods to regulate the use of electronic monitoring in institutional settings through programs, guidelines, regulations, and laws. This article attempts evaluate how the regulation of electronic monitoring has evolved and may be advanced in the future with the anticipated increase of elder abuse.

The rise of digital and interconnected technology within the workplace, including programs that facilitate monitoring and surveillance of employees is unstoppable. The COVID-19-induced lockdowns and the resulting increase in home office adoption even increased this trend. Apart from major benefits that may come along with such information and communication technologies (e.g., productivity increases, better resource planning, and increased worker safety), they also enable comprehensive Electronic Performance Monitoring (EPM) which may also have negative effects (e.g., increased stress and (...) a reduction in job satisfaction). This conceptual article investigates EPM to better understand the development, adoption, and impact of EPM systems in organizations. The EPM literature published since the 1980s constitutes the basis for this conceptual article. We present a framework which is intended to serve as foundation for future studies. Moreover, we reviewed more than three decades of empirical EPM research and identified six major outcomes that are influenced by the use of an EPM system, as well as a large number of moderator variables. Based on our conceptual analyses and the resulting insights, which also include privacy, ethical, and cultural considerations, we discuss future research opportunities where we also refer to design implications for EPM systems. (shrink)

The Alice Books, full of illogical thoughts, words, and contradictions, were unrivaled entertainment until the publication of the medical literature promoting electronic fetal monitoring for every pregnancy. The modern-day EFM advocates acknowledge EFM’s decades long failure but simultaneously recommend EFM use for lawsuit protection and because the profession has used EFM for every pregnancy for fifty years, therefore, it must be efficacious. These self-indulgent, illogical rationalizations ignore the half century of evidence-based scientific research proving that EFM is a (...) complete failure as well as ignoring the fact that continued EFM use violates the fundamental principles of modern bioethics. This blind advocacy perpetuates four pernicious EFM harms occurring to mothers, babies, and the medical profession itself. This article sets out these four EFM harms with the goal of abolishing the misguided, illogical, contradictory, arguments used by the twenty-first century EFM Lewis Carroll mimics. (shrink)

Extensive and growing use of electronic performance monitoring in organizations has resulted in considerable debate. Advocates of electronic monitoring approach the debate in teleological terms arguing that monitoring benefits organizations, customers, and society. Its critics approach the issue in deontological terms countering that monitoring is dehumanizing, invades worker privacy, increases stress and worsens health, and decreases work-life quality. In contrast to this win-lose approach, this paper argues that an approach which emphasizes communication in the (...) design and implementation of monitoring systems offers a win-win solution that should satisfy both deontological and teleological ethicists. (shrink)

There is general agreement that the “principle of balance” should guide controlled substance policy and regulation in the United States. Although the diversion of controlled substances from medical to nonmedical purposes is a significant public health problem, overly aggressive controlled substance regulation has been shown to have an unintended deterrent effect on appropriate controlled substance use, including pain management with opioid analgesics. The promotion of effective pain management and the reduction of substance abuse are equally important regulatory objectives. Neither regulatory (...) objective need be sacrificed to achieve the other. Rather, the two objectives must be balanced with each other to assure that necessary pain management is encouraged while drug abuse is curtailed.Approximately 75 million people in the United States suffer from severe pain. Fifty million of these suffer chronic pain, and 25 million suffer acute pain from trauma or surgery. Pain is not merely an uncomfortable symptom. (shrink)

There is general agreement that the “principle of balance” should guide controlled substance policy and regulation in the United States. Although the diversion of controlled substances from medical to nonmedical purposes is a significant public health problem, overly aggressive controlled substance regulation has been shown to have an unintended deterrent effect on appropriate controlled substance use, including pain management with opioid analgesics. The promotion of effective pain management and the reduction of substance abuse are equally important regulatory objectives. Neither regulatory (...) objective need be sacrificed to achieve the other. Rather, the two objectives must be balanced with each other to assure that necessary pain management is encouraged while drug abuse is curtailed.Approximately 75 million people in the United States suffer from severe pain. Fifty million of these suffer chronic pain, and 25 million suffer acute pain from trauma or surgery. Pain is not merely an uncomfortable symptom. (shrink)

A half century ago electronic fetal monitoring was rushed into clinical use with the promise that the secrets of fetal heart rate decelerations had been discovered and that the newly discovered knowledge would prevent cerebral palsy with just in time cesarean sections preventing babies from experiencing asphyxia, which was thought to be the primary cause of cerebral palsy. In the years since electronic fetal monitoring’s debut, it has been discovered that asphyxia is a rare cause of (...) cerebral palsy. At the same time electronic fetal monitoring use increased to 85% of all labors, the C-section rate increased to 33% without an attributable decrease in the rate of cerebral palsy. What went wrong with electronic fetal monitoring? The answer lies in a new analysis of the physiologic theories concerning fetal heart rate decelerations, demonstrating that the earlier electronic fetal monitoring theories were wrong. This revelation is only the latest evidence that electronic fetal monitoring use today... (shrink)

Purpose Advances in electronic performance monitoring have raised employees’ concerns regarding the invasion of privacy and erosion of trust. On the other hand, EPM promises to improve performance and processes. This paper aims to focus on how the alignment of EPM design and organizational culture through effective organizational mechanisms can address privacy concerns, and, hence, positively affect employees’ perception toward technology. Design/methodology/approach Based on a theoretical lens extending two conceptual frameworks, a qualitative approach was used to analyze interview (...) data collected from a comparative case study of two organizations in the USA and Qatar within the oil and gas sector. These two contexts were selected to emphasize the cross-cultural and organizational differences in employees’ acceptance of EPM. Findings The study revealed that national and corporate cultures affected employees’ perception and acceptance of monitoring in both countries. Because of diversity, though EPM was better accepted in Qatar, as they are an easy way to enforce standardization and to push employees to adapt to a dominating corporate culture. Conversely, in the USA where culture is more innovation-oriented, organizational mechanisms shifted the perceptions of EPM to being mean to obtain feedback rather than to impose standards. Research limitations/implications This qualitative study is based on a descriptive comparative case study of two organizations with two cultural contexts. The limited sample size and cross-sectional nature of data may need to be extended to a larger cultural scope that is observed over a longer period to safely generalize the findings. Practical implications Decision-makers in multinational corporations with different cultural backgrounds may benefit of this study’s outcomes, as it emphasizes the importance of the fit between EPM designs and the cultural settings. Furthermore, organizations aiming to conduct analytics on EPM data have to justify and prove its benefits to employees to facilitate acceptance. Social implications The study shows that employees in Qatar have a different cultural frame of reference in their perception of fairness and ethics than their counterparts in the USA because of changes in the meaning of social relations, personal goals and behavioral norms. Originality/value The originality of this study lays in its empirical validation of a composite framework examining both national and corporate cultures on employees’ reactions to EPM systems. It also proves the critical importance of organizational mechanisms to align the EPM design with the organization cultural settings. (shrink)

This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).The central focus of the paper is on the extent to which employer monitoring of employee (...) e-mail presents a structure of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered. (shrink)

The effective collection and management of personal data of rapidly migrating populations is important for ensuring adequate healthcare and monitoring of a displaced peoples’ health status. With developments in ICT data sharing capabilities, electronic personal health records (ePHRs) are increasingly replacing less transportable paper records. ePHRs offer further advantages of improving accuracy and completeness of information and seem tailored for rapidly displaced and mobile populations. Various emerging initiatives in Europe are seeking to develop migrant‐centric ePHR responses. This paper (...) highlights their importance and benefits, but also identifies a number of significant ethical, legal and social issues (ELSI) and challenges to their design and implementation, regarding (1) the kind of information that should be stored, (2) who should have access to information, and (3) potential misuse of information. These challenges need to be urgently addressed to make possible the beneficial use of ePHRs for vulnerable migrants in Europe. (shrink)

One of the most significant changes in modern healthcare delivery has been the evolution of the paper record to the electronic health record (EHR). In this paper we argue that the primary change has been a shift in the focus of documentation from monitoring individual patient progress to recording data pertinent to Institutional Priorities (IPs). The specific IPs to which we refer include: finance/reimbursement; risk management/legal considerations; quality improvement/safety initiatives; meeting regulatory and accreditation standards; and patient care delivery/evidence (...) based practice. Following a brief history of the transition from the paper record to the EHR, the authors discuss unintended or contested consequences resulting from this change. These changes primarily reflect changes in the organization and amount of clinician work and clinician‐patient relationships. The paper is not a research report but was informed by an institutional ethnography the aim of which was to understand how the EHR impacted clinicians and administrators in a large, urban hospital in the United States. The paper was also informed by other sources, including the philosophies of Jacques Ellul, Don Idhe, and Langdon Winner. (shrink)

The behaviour of autonomous agents may deviate from that deemed to be for the good of the societal systems of which they are a part. Norms have therefore been proposed as a means to regulate agent behaviours in open and dynamic systems, where these norms specify the obliged, permitted and prohibited behaviours of agents. Regulation can effectively be achieved through use of enforcement mechanisms that result in a net loss of utility for an agent in cases where the agent’s behaviour (...) fails to comply with the norms. Recognition of compliance is thus crucial for achieving regulation. In this paper, we propose a general framework for observation of agents’ behaviour, and recognition of this behaviour as constituting, or counting as, compliance or violation. The framework deploys monitors that receive inputs from trusted observers, and processes these inputs together with transition network representations of individual norms. In this way, monitors determine the fulfillment or violation status of norms. The paper also describes a proof of concept implementation of the framework, and its deployment in electronic contracting environments. (shrink)

The regulation of the activity of multiple autonomous entities represented in a multi-agent system, in environments with no central design (and thus with no cooperative assumption), is gaining much attention in the research community. Approaches to this concern include the use of norms in so-called normative multi-agent systems and the development of electronic institution frameworks. In this paper we describe our approach towards the development of an electronic institution providing an enforceable normative environment. Within this environment, institutional services (...) are provided that assist agents in forming cooperative structures whose commitments are made explicit through contracts. Our normative framework borrows some concepts from contract law theory. Contracts are formalized using norms which are used by the institution while monitoring agents’ activities, thus making our normative environment dynamic. We regard the electronic institution as a means to facilitate both the creation and the enforcement of contracts between agents. A model of “institutional reality” is presented that allows for monitoring the fulfillment of norms. The paper also distinguishes our approach from other developments of the electronic institution concept. We address the application of our proposal in the B2B field, namely regarding the formation of Virtual Organizations. (shrink)

Personal Health Monitoring (PHM) uses electronic devices which monitor and record health-related data outside a hospital, usually within the home. This paper examines the ethical issues raised by PHM. Eight themes describing the ethical implications of PHM are identified through a review of 68 academic articles concerning PHM. The identified themes include privacy, autonomy, obtrusiveness and visibility, stigma and identity, medicalisation, social isolation, delivery of care, and safety and technological need. The issues around each of these are discussed. (...) The system / lifeworld perspective of Habermas is applied to develop an understanding of the role of PHMs as mediators of communication between the institutional and the domestic environment. Furthermore, links are established between the ethical issues to demonstrate that the ethics of PHM involves a complex network of ethical interactions. The paper extends the discussion of the critical effect PHMs have on the patient’s identity and concludes that a holistic understanding of the ethical issues surrounding PHMs will help both researchers and practitioners in developing effective PHM implementations. (shrink)

The extant clinical literature indicates profound problems in the assessment, monitoring, and documentation of care in long-term care facilities. The lack of adequate resources to accommodate higher staff-to-resident ratios adds additional urgency to the goal of identifying more costeffective mechanisms to provide care oversight. The ever expanding array of electronic monitoring technologies in the clinical research arena demands a conceptual and pragmatic framework for the resolution of ethical tensions inherent in the use of such innovative tools. CareMedia (...) is a project that explores the utility of video, audio and sensor technologies as a continuous real-time assessment and outcomes measurement tool. In this paper, the authors describe the seminal ethical challenges encountered during the implementation phase of this project, namely privacy and confidentiality protection, and the strategies employed to resolve the ethical tensions by applying principles of the interest theory of rights. (shrink)

Since the attack on the World Trade Center in New York, and on the Pentagon in the United States, concerns over security issues have been at an all-time high in this country. Both state and federal governments continue to discuss legislation on these issues amid much controversy. One key concern of both employers and employees is the extent that employers, espousing a "need to know" mentality, continue to expand their capability and implementation of surveillance of employees in the workplace. With (...) the technology typically growing faster than the speed of legislation, protective or permissive, the management and legal issues involved in electronic monitoring of employee communications in the workplace, are and well should be on the agenda for discussion of every management and legal team in American business today. Companies have a legitimate right to protect their trade secrets from disclosure by disgruntled employees. Similarly, companies also have a duty to protect their good names and reputations from unauthorized employee communications with outside parties, and even other employees, that may damage them. It is also a prime duty of management to ensure, in their direction of their workforces, that the employees execute their responsibilities by working full time on their stated objectives. In this regard, any management that fails to oversee its workforce to ensure that employees are not expending valuable company time, for which they are being compensated, on personal business, including unauthorized communications, is remiss in its responsibilities to its shareholders. The company may see a reduction of the price of its shares in the marketplace if it does not protect the economic interests of its shareholders. (shrink)

Many office workers use computers and the Internet not only to get their daily jobs done but also to deal with their personal businesses. Therefore employers nowadays monitor their employees electronically to prevent the misuse of the company resources. The use of electronic monitoring in organizations causes issues of trust and privacy. This study is dedicated to developing a conceptual model on the two issues under electronic monitoring. Control, considered as the essence of the definition of (...) privacy as well as the foundation of the control model in the theory of procedural justice, plays an important role to people’s privacy concerns and trust. People’s perceived‐self, as essential in the group‐value model in the theory of procedural justice and in the cultural studies, also plays an important role to people’s privacy concerns and trust. This study presents research hypotheses on trust and privacy under electronic surveillance based on the two models of the theory of procedural justice, social identity theory, and cultural studies. (shrink)

System Requirements System requirements Minimum 80486, 66MHz IBM PC or full compatible ; Minimum 16MB RAM 177MB hard disk space to store and run the Nachlass, an extra 12MB in addition to this should be available during installation. SVGA monitor set to 800x600 pixels, 16-bit colour, or higher setting recommended to use and display the transcription text and facsimiles; Quad-speed CD-ROM drive or higher; Windows 3.1, 3.11; Windows 95/98; Windows NT 4.0; Windows 2000. Microsoft mouse or compatible Network versions Windows (...) NT 4, and Novell networks. Customers with Wide Area Networks should ring Customer Services to discuss specific requirements. Customer Service Contact: Customer Services, Electronic Publishing Tel: +44 1865 267979 Fax: +44 1865 267990 Email: [email protected]. (shrink)

The Medication Event Monitoring System (MEMS) is a relatively new device designed to overcome some of the disadvantages of traditional adherence-measuring techniques. MEMS has also been found useful in tracking adherence behaviour without the need to visit patients frequently. In this study each patient was given a pre-filled, labelled MEMS bottle and cap. Patients were monitored for 24 weeks. For patients specifically studied, there were periods when drug levels may have been low and some exhibited erratic medication-taking behaviour. It (...) is concluded that MEMS can measure adherence behaviour objectively, and so might be used to improve prescribing decisions, identify drug wastage and improve carer support. Further research is needed before the routine use of electronic medication monitoring can be recommended. (shrink)

While electronic mail has enjoyed rapid growth in the workplace, many companies have failed to establish clear expectations among employees about their e-mail privacy rights. This has resulted in controversy and even lawsuits against employers where employees later learned that management personnel monitored or read their electronic communications. It has been speculated that most employees underestimate the legal right of their employer to engage in e-mail monitoring activities. However, this issue has been virtually unexplored from a research (...) perspective. Consequently, the purpose of this study is to assess individuals'' ethical beliefs and perceptions about electronic mail privacy. This study of more than 200 e-mail users reveals that there is significant resistance to e-mail monitoring, and that many individuals have a relatively poor understanding of their e-mail privacy rights. The results also suggest that companies need to develop and communicate a policy to employees that addresses this issue. Finally, this study suggests several possibilities for further research. Building a greater body of knowledge of this domain should assist business leaders and lawmakers as they work to formulate an effective response to this workplace challenge that will equitably balance the rights of employees and employers. (shrink)

Implementation of guidelines regarding breaches of electronic health information requires an anticipatory stance and physician and patient education regarding security and monitoring measures and methods of redress. Adopting a preventive ethics, rather than a crisis management, model may also increase physician awareness of how the information they choose to include and privilege within the health record may expose patients to added harms if not done mindfully.

A vigorous debate has developed surrounding electronic surveillance in the workplace. This controversial practice is one element of the more general issues of employee dignity and management control, revolving around the use of polygraph and drug testing, integrity exams, and the like. Managers, under pressure from competitors, are making greater use of technologically advanced employee monitoring methods because they are available, and hold the promise of productivity improvement. In this paper, the context of electronic surveillance is described (...) and analyzed from the perspectives of ethics, public policy, and managerial behavior. (shrink)

Drawing on Foucault’s Discipline and Punish and on his lecture on the Punitive Societies as well as on affect theories, this text tries to analyze a surprising return to shame as a paradigm for punishment. In this context, shame and guilt are both seen not so much as real emotions occurring within the soul of a subject, but as dispositives or affective arrangements that seek different ways to regulate and modulate the feelings of justice and injustice within a society. Excessive (...) shaming, which does not fit well in Foucault’s narrative of a development towards more subtle forms of punishment, will be understood as a form of resistance against the subtleties of control. The text discusses this using the example of Electronic Monitoring and its history as a form of making shame invisible, hiding it as micro-political shame in an economy of guilt. Against this economy, excessive shame as punishment forms an aneconomic force that sets out to reset the rules of community and identity. (shrink)

In recent years there has been an explosion of interest in Artificial Intelligence (AI) both in health care and academic philosophy. This has been due mainly to the rise of effective machine learning and deep learning algorithms, together with increases in data collection and processing power, which have made rapid progress in many areas. However, use of this technology has brought with it philosophical issues and practical problems, in particular, epistemic and ethical. In this paper the authors, with backgrounds in (...) philosophy, maternity care practice and clinical research, draw upon and extend a recent framework for shared decision-making (SDM) that identified a duty of care to the client's knowledge as a necessary condition for SDM. This duty entails the responsibility to acknowledge and overcome epistemic defeaters. This framework is applied to the use of AI in maternity care, in particular, the use of machine learning and deep learning technology to attempt to enhance electronic fetal monitoring (EFM). In doing so, various sub-kinds of epistemic defeater, namely, transparent, opaque, underdetermined, and inherited defeaters are taxonomized and discussed. The authors argue that, although effective current or future AI-enhanced EFM may impose an epistemic obligation on the part of clinicians to rely on such systems' predictions or diagnoses as input to SDM, such obligations may be overridden by inherited defeaters, caused by a form of algorithmic bias. The existence of inherited defeaters implies that the duty of care to the client's knowledge extends to any situation in which a clinician (or anyone else) is involved in producing training data for a system that will be used in SDM. Any future AI must be capable of assessing women individually, taking into account a wide range of factors including women's preferences, to provide a holistic range of evidence for clinical decision-making. (shrink)

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. (...) Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring. (shrink)

It is remarkable how much robotics research is promoted by appealing to the idea that the only way to deal with a looming demographic crisis is to develop robots to look after older persons. This paper surveys and assesses the claims made on behalf of robots in relation to their capacity to meet the needs of older persons. We consider each of the roles that has been suggested for robots in aged care and attempt to evaluate how successful robots might (...) be in these roles. We do so from the perspective of writers concerned primarily with the quality of aged care, paying particular attention to the social and ethical implications of the introduction of robots, rather than from the perspective of robotics, engineering, or computer science. We emphasis the importance of the social and emotional needs of older persons—which, we argue, robots are incapable of meeting—in almost any task involved in their care. Even if robots were to become capable of filling some service roles in the aged-care sector, economic pressures on the sector would most likely ensure that the result was a decrease in the amount of human contact experienced by older persons being cared for, which itself would be detrimental to their well-being. This means that the prospects for the ethical use of robots in the aged-care sector are far fewer than first appears. More controversially, we believe that it is not only misguided, but actually unethical, to attempt to substitute robot simulacra for genuine social interaction. A subsidiary goal of this paper is to draw attention to the discourse about aged care and robotics and locate it in the context of broader social attitudes towards older persons. We conclude by proposing a deliberative process involving older persons as a test for the ethics of the use of robots in aged care. (shrink)

This essay considers the impact of digital networks in organizations on worker autonomy. Worker autonomy, the control that workers have over their own work situation, is claimed in this essay to be a key determinant for the quality of work, as well as an important moral goal. Digital networks pose significant threats to worker autonomy as well as opportunities for its enhancement. In this essay, the notion of worker autonomy is analyzed and evaluated for its importance and moral relevance. It (...) is then considered how digital networks both threaten worker autonomy and offer opportunities for its enhancement. Three major opportunities (enhanced communicative powers, increased informedness, teleworking) and threats (electronic monitoring, task prestructuring, and dependency creation) are discussed and analyzed. Finally, the dynamics that determine the impact on worker autonomy of the introduction of a digital network in organizations are investigated. A particular model for analyzing these dynamics and their impacts, Bryan Pfaffenberger's model of a technological drama. It will be illustrated how this model illuminates these dynamics by analyzing them as a dialectic of strategies of technological regularization by design constituencies and technological adjustment by impact constituencies. It will also be assessed what role network design has in this process. (shrink)

Almost exactly ten years ago, the now extinct U.S. Congress, Office of Technology Assessment (OTA) released a major report -- The Electronic Supervisor: New Technology, New Tensions. This report describes a number of new technologies available to management in its ongoing search to ensure that labour performs its required job to management's rigid specifications. Social issues raised with respect to electronic monitoring included privacy, fairness, quality of working life, and stress-related illnesses. The study was also concerned with (...) drug testing, genetic screening, polygraph testing, as well as a variety of technologies for eavesdropping and monitoring. It seems to be appropriate to evaluate the analyses and recommendations made in the report and to extend the evaluation to current technologies. (shrink)

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...) of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

The rapid diffusion of computers and information technology into organizational settings is bringing profound changes to employee-employer relationships.Managers and employees are faced with challenges of electronic monitoring of communications and collection and use of information about employees (Mello, 2003). This paper proposes to discuss several issues related to electronic workplace monitoring. Specifically, the purpose of this paper is to explore the interplay between privacy and ethical issues with processes related to the initiation and formation of trust (...) between management and employees. (shrink)

The United States juvenile justice system has primary oversight of youth who come into contact with legal authorities. This system is purposefully distinct from the adult system given the presumption of youths’ reduced culpability for delinquent behavior and increased potential for rehabilitation. Some juvenile court policies and practices are supportive of youth while others may drive youth further into the juvenile justice system. Today, we are at a point in which we can—and should—use information technology to accrue data to unpack (...) the impact of these policies and practices on and across youth. Moreover, technology-driven policies and practices such as electronic monitoring may be detrimental to the well-being of youth, whereas others such as video conferencing could be more widely used to benefit youth. While juvenile courts hold youth accountable for their behavior, courts also need to be accountable to youth by employing data-informed policies and practices that advance the health and well-being of youth. (shrink)

Scholars have addressed restrictions on individual liberty, or deprivations thereof, that do not entail prison or jail—including area restrictions, revoking driver’s licenses, and GPS bracelets. In all legal domains, the effects of these measures on the lives of targeted individuals can be significant, primarily with respect to their capability to guide their own behavior. Some are applied categorically rather than individually, do not involve a fair trial or hearing, or are applied preventively or after the targeted individual has completed a (...) prison sentence. My aim in this article is to extend our view from prison as the quintessential method of depriving individuals of their liberty to control of individuals without locking them up. I address degrees of individual liberty and inquire into legal protections for individuals who are partially free but deprived of liberty in some areas of life. (shrink)

In recent years, the practices of work organizations have raised increasing concerns regarding individual privacy at work. It is clear that people expect and value privacy in their personal lives. However, the extent to which privacy perceptions influence individuals’ work attitudes is less clear. Research has explored the extent to which employee perceptions of privacy derive from characteristics of the programs themselves. However, there is a paucity of research that examines how the characteristics of the individual employee may influence perceptions (...) of these programs. In this study we seek to shed light on this issue, as we examine how the individual ethical orientation of employees influences perceptions of a variety of human resource programs that have the potential to be perceived as invasive. Results indicate that ethical orientation exerts direct effects on perceived invasiveness of programs and exerts both direct and indirect effects on perceived appropriateness of programs. Implications for research and for managers adopting privacy-related programs are discussed. (shrink)

One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign countries, is analyzed (...) in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania – a frequent and sustained application of imprisonment. (shrink)

This paper looks at various ways teleworking can be linked to surveillance in employment, making recommendations about how telework can be made more acceptable. Technological methods can allow managers to monitor the actions of teleworkers as closely as they could monitor "on site" workers, and in more detail than the same managers could traditionally. Such technological methods of surveillance or monitoring have been associated with low employee morale. For an employer to ensure health and safety may require inspections of (...) the teleworkplace. When the teleworkplace is in the home, there may be an invasion of privacy associated with such inspections, that could be perceived and resented as surveillance. A problem of telework is that teleworkers may feel isolated. Methods to counter this could be associated with further forms of surveillance, and fear of such surveillance may inhibit them from reaching their potential as methods to counter isolation. The idea that teleworking may also allow communications to be intercepted by third parties is also looked at. Some, but not all, of the issues considered are applicable, to some extent, in non-teleworked employment situations. The overall conclusion of the paper is that the potential exists for surveillance to be associated with telework. Fears of such surveillance may turn actors against telework. However, much can be done to reduce such fears. (shrink)

Near ubiquitous use of electronic fetal monitoring (EFM) during low-risk childbirth constrains both maternal agency and maternal autonomy. An analysis of interdisciplinary literature about EFM reveals that its use cannot be understood apart from broader norms and values that have significant implications for the agency and autonomy of laboring women. Overreliance on EFM use for low-risk women threatens their autonomy in several ways: by privileging the status of the fetal patient, by delegitimizing women’s embodied experience of childbirth, and (...) by constructing EFM data as objective science despite evidence to the contrary. In birth situations defined as high-risk, however, EFM may lead to greater maternal agency by enabling women to choose vaginal over cesarean birth. Viewing doctor-patient interactions as a co-construction in the context of an understanding that sees EFM as a social as well as technological construction may improve autonomy in childbirth. (shrink)

The exponential digitization of medical data has led to a transformation of the practice of medicine. This change notably raises a new complexity of issues surrounding health IT. The proper use of these communication tools, such as telemedicine, e-health, m-health the big medical data, should improve the quality of monitoring and care of patients for an information system to "human face". Faced with these challenges, the author analyses in an ethical angle the patient-physician relationship, sharing, transmission and storage of (...) medical information, setting pins to an ethic for the digitization of medical information. Drawing on good practice recommendations closely associated with values, this model is developing tools for reflection and present the keys to understanding the decision-making issues that reflect both the technological constraints and the complex nature of human reality in medicine. (shrink)

In recent years, artificial intelligence (AI) has garnered tremendous attention across a range of sectors, including health care. AI is a comprehensive term, broadly defined as computational machines making decisions and performing tasks that previously required human intelligence or cognition. There are high expectations of what AI can do; enthusiasts sometimes refer to it as a central pillar of the Fourth Industrial Revolution, with an impact on humanity as profound as that of the steam power engine or electricity. Building on (...) the Third Industrial Revolution (or Digital Revolution) that began in the middle of the twentieth century and was characterized by the spread of automation and digitization through the use of electronics, computers, and communication technologies (e.g., the internet), the Fourth Industrial Revolution is characterized by a fusion of advancing technologies in AI, robotics, the Internet of Things (IoT), genetic engineering, and quantum computing. These technologies blend physical production and operations with smart digital technologies, promising to transform the operation, management, and governance of every industry, including health care. (shrink)