Ethics test TWO Flashcards
What is the foundation of healthcare ethics?
Belmont report
Belmont report
Ethical principles and guidelines for the protection of human subjects”
The cornerstone of ethical principles upon which the federal regulations are based
* Respect for persons
* Beneficence
* Justice
What are the legal and ethical standards around patient data?
HIPAA
HIPAA
A major goal to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high-quality health care and to protect the public’s health and well-being.
What are tough ethical issues in healthcare?
Abortion/genetic screening of embryos
Allocation of healthcare resources
Euthanasia
Beauchamp & Childress’s Healthcare versus natural law counterparts***
Autonomy versus Freedom
Benefice versus Care
Nonmaleficence versus Respect
Justice versus Impartiality
Moschella’s points response to mr. bill
The principles of Beauchamp and Childress are not that helpful in their attempt to be value-free and tend to collapse to the principle of Respect for autonomy
Natural law response to mr bill
the right to make a free choice is not everything (it’s instrumental) It is important to make the right choice. Also, remember the rejection of the subjectiveness thesis (what is good for me is good.)
Mr. Bill situation
Bill is an 80-year-old widower who previously had a pacemaker installed to regulate his heartbeat. The pacemaker is not painful or burdensome. Bill’s heart no longer works on its own, turning off the pacemaker will kill Bill. Bill has witnessed some memory issues and is scared to end up with Alzheimer’s like his wife, therefore he wishes to have his pacemaker turned off.
* Should Bill’s doctor agree to his request?
* What ethical principles or framework are you basing your response on?
Natural law (who did what and why?)
Object: (the main immediate goal)
End (Intended purpose)
Circumstances (mitigating factors) All must be good for the action to be good (Principle of perfection)
Natural law judging actions
Impermissible (violates respect for persons’ basic human goods)
Permissible (the default)
Obligatory (promote care and positivity)
Natural law Norms
Positive (you should…)
Presence of negative norms
Scientistic -ethics of human enhacement technologies
Push the science pedal to the metal its out destiny
Ulitarian- ethics of human enhacement technolgies
for humanity as a whole, are HET a positive or negative? benefit the whole good
Healthcare-ethics of human enhacement technologies
(Beauchamp and Childress)
Autonomy-patients right
Beneficance-promote good
Nonmaleficence: do no harm
Justice: treat all patients equally
Natural law-ethics of human enhancement technologies
Treatment versus enhancement
Contribution to or inhibition of human flourishing (Elberg’s approach)
Dealing with the induvial human person and how they personally achieve human flourishing
Michael Bess says pursue what is good and avoid what is bad, what ethical system would this be related to when talking about human enhacement technologies?
Natural law ethics
Erberls analysis on human enhacement technolgies is not based on treatment versus enhacement, rather?
On whether human enhacement technolgies promote human flourishing
Does not consider societal disruptions like kiling fetus and embryos
How does Eberle distinguish between illicit “post humans” and the enhanced more actualized humans?
If this enhancement is associating with the basic human good is enhanced actualized humans and changing basic human goods would be illicit post humans
How does Eberls worldview relate to slack and wise?
Slack and wise state perceptual dissatisfaction is when the body is overcoming the limitations, but we should just meet the basic needs, Eberle says overcoming the limitations of the body is okay just as long as it’s for the basic human goods
Eberls main points on HET and moraliy
Cognitive
drugs (nootropics) neural stimulation, supplements, computer programs, brain computer interfaces
Eberle says licit unless they detract from human agency
Eberls main points on HET and morality
Physical
plastic surgery, performance enhancing drugs, exoskeletons, pacemakers, organ replacement, gene therapy
Eberle said these are licit if not for vanity or athletic completeness
Eberls main points on HET and morality
Emotive
mood enhancers
Eberle states that they should be limited to treating clear maladies
Eberls main points on HET and morality
Moral
reduce aggression, xenophobia, self-centeredness.
Eberle states that they are ONLY acceptable if they lead to authentic improvement in character
Neuralink (and similar) example of one of these technologies
Bluetooth implant in the head to help people with disabilities is undeniable
Issues arise with the neurolink bluetooth
- What about enhancing healthy people?
- What about being able to both read and write to the brain?
- Does this promote flourishing of the many or control by the few.
- Beware the “bait-and switch”
Neuralink Roadmap
- Mind mouse
- Artificial eye
- Control of limbs
- Cyborgs
- Data security, brain hacking
- Defeating the Borg or becoming the Borg? WWED?
Transhumanism
a movement which advocates for the enhancement of the human condition by developing and making widely available sophisticated technologies able to greatly enhance longevity, mood, and cognitive abilities
The end goal of transhumanism
defeat suffering, pain, disease, inequality, and death though biotechnology implants
Posthumanism defections
one being that humans will become immortal through some sort of upload, or cyborg technology. Possibly humans would be replaced by a successor non-biological “species”
Is a transhuman future already inevitable?
Smartphones as extensions of ourselves
Prosthetics, neural implants, interest of bodies
Microchipping
Vaccine, passports, digital IDs
Metaverse AR/VR
Is resistance to transhumanism useless?
Politcail parties, the amish, ted “unabomber” kaczynski model
Transhumanism as religion
Scientistic
No afterlife, but eternal earthly life
Perfectibility of man and society
Technology as savior
Limiting body ad essential digitizable mind
Death and suffering useless, wrong
We are (can be) gods
Christianity as religion
Supernatural
Afterlife (heaven or hell)
Fallen nature of humanity
Christ as savior
Holy body soul
Death and suffering have purpose
God is our creator, him alone should we serve
Technolgies of genetic engineering
Genetic testing/screening/selection
In-Virto fertilization (IVF)
Gene manipulation (Cas-9)
Cloning
Genetically modified foods (GMO)
Designer babies
Moral libetranism on genetic engineering
Parents will have the right to do with their pregnancies, free will, and autonomy would make something moral
Natural law on genetic engineering
Will be opposed to many of these technologies, especially IVF the catholic church has been against this for a while, this would break up the holistic system of family and marriage
Utilitarnism on gentic engineering
Way the pros and cons of these genetic technologies, whatever will produce the greatest pleasure will be morally right
Do you have to stay consistent with one ethical system?
Yes, can not change with situations
Why you do you can be a problem?
Judgement
Eugenics
Set of beliefs and practices that aim to improve the genetic quality of the human population by selecting desirable traits and eliminating undesirable ones
Eugenics positive measures
such as encouraging people with certain characteristics to reproduce
Eugenics negative measures
such as preventing or sterilizing with other characteristics from reproducing
Hard eugenics
nazi Germenary, usually why eugenics has a bad reputation
Soft eugenics
preserves someone’s free will but peoples decisions would be consistent with eugenic ends
(examples: the cultural disapproval of the god children in Gattaca or the Down syndrome testing in Denmark)
“Curing” down syndrome
The Danish practice described in the article provides mothers with a down syndrome diagnosis to use in deciding whether to have an abortion
Nearly all expecting mothers take the test. After a down syndrome diagnosis 95% choose to abort. As a result, down syndrome is becoming very rare in Denmark
Who does the danish curing down syndrome benefit?
Parents, children, society
Gattaca
Sex selection
genetic selection
De facto discrimination based on genetics
Secret DNA checks of potential partners
Can the danish testing program become a success? how do thoughts on abortion come into play?
Yes, however abortion can be issue because you are still killing a life no matter if they have down syndrome or not
Euthanasia
an act of intentional killing. It is distinguished from withdrawing a futile or harmful treatment in “let someone die.”
The ultimate battleground for contemporary moral theories?
euthanasia
Who is involved in euthanasia?
Patient and her agent
What is being done in euthanasia?
Killing the patient
Why is euthanasia being done?
To relieve the patient from suffering
Natural law perspective euthanasia
**Voluntary active euthanasia VIOLATES natural law according to basic natural logic
Utilitarian perspective euthanasia
Kill the patient to decrease misery in the world. Other choices? Should family and friends get a veto
Deontological argument
A norm against euthanasia is irrational (Gomes Logos disagrees, gives example of the lorry truck driver)
Autonomy perspective euthanasia
Gomez logos says autonomy becomes comprised when patient is in dire condition
Does natural law always agree with autonomy?
No, natural law says that autonomy can sometimes be naturally wrong
Physicians or others shouldnt be expected to kill people because?
They have autonomy themselves
“Euthanasia is the ultimate failure to care for someone in need.”
Gomez logo says to value family and friends and live a longer life
Medical assistance in dying agrees with what theory?
Autonomy
To qualify for Medical assistance in dying you must…
Be eligible for health services funded by a province or territory
Be at least 18 years old and mentally competent
**Have a grievous and irremediable medical condition
Does a patient need to have a fatal or terminal medical condition to be considered for medical assistance in dying?
No
A patient with a mental illness wants to know if they qualify for medical assistance in dying, what would the response be?
No you are not eligible.
Imperfected members of society who cannot afford the cost of living, would they be considered for medical assistance in dying?
yes
False binary
suffer or die
3rd options: pallative care, social services, family and community support
Silppery slopes and other concerns with assisted dying
Death as an acceptable problem-solving option for individuals and society
State sponsorship provides financial and other incentives saves the government money
Eventual perception of natural deathers as selfish and antisocial
CS lewis (ancient wisdom)
Honor the father and mother
To care for parents
Children old men, the poor, and the sick should be considered as the lords of the atmosphere
You will see them take care of widows, orphans, and old men never reapproaching them
A good death from natural law perspective
Respects one’s dignity
Recognizes that all human life is valuable including people viewed by some as useless
Minimizes needless suffering
Christian perspectives: life is a gift from God from conception to natural death
Studies find what type of correlation with social media, and well being?
Negative correlation
Social media for self presentation
bad: comparing to others
good: reviewing your own profile
Social media for sharing emotions
good: using as source of support;
bad: cyberbullying, trolling, and spreading hate
The disposition of the person on social media affects the degree to which?
social media detracts from or supports human flourishing
Some studies found that social media supports and reinforces?
real world-same people
Examples negative association between social media and wellbeing but as causation
Facebook usage: giving likes, posting, clicking on likes
Measures of well-being: life satisfaction, self-report, mental health, self-reported physical health, BMI
Facebook data findings showed?
Facebook negatively associated with overall well-being, especially mental health
Amount of use a key factor (“quality” of use not so much)
Online relationships no substitute for the real world
The social dilemma
Explores the harmful impact of social media on society
Insiders describe how the design of the social media platforms nurtures addition, manipulates emotions, and opinion, and spreads incorrect, misleading, or socially harmful information
Social media apps are free because?
we are the product
The busiess model with social media
give away something useful or fun for free (personal info) for the purpose of collecting user behavioral data to target ads (or serve ads)
Natural law on social media
Basic human goods and related norms
The “do not guideline”
The “go guideline”
Intellectual property
Describes *works of the mind that are distinct and owned or created by a single person or group
Intellectual property is the idea that the owner controls and recievers compenstation for the use of their intellectual property. t/f
true
Intellectual property is protected through?
Copyright, patent, trade secret laws, trademarks
Intellectual property issues
plagiarism, reverse engineering, open source, competitive intelligence, cybersquatting
Subversive minority position
the concept of intellectual property is wrong-headed and detracts from human flourishing
Examples of IP
Inventions, books, movies, music, computer programs, apps
How is IP different from physical property?
People try to copy IP, which differs it from physical property because you need more protection on IP (copyrights, patents) than P
How does natural law support arguements for and against IP protection?
Natural law would observe it to be wrong to steal IP, so they would promote protection of those objects.
However, it promotes human flourishing “the cure to cancer,” it would be unethical to keep that to yourself.
Why do you think the trend is for legal protections to be strengthen/lengthened?
Enhancing technology, and money to have legal protection
Copyright IP
protects authored works such as art, books, film, music
Exclusive right to distribute, display, perform, reproduce an original work in copies or prepare derivate works based on the work
Copyright infringement
violation of the rights secured by the owner of a copyright
Copy rights extended in 1978
95 years after publication date
Eligibility for copyright for IP
Works should be original and must fall within one of the categories in title 17 of the US
literacy works, computer programs, online writing, musical works, pictorial works, graphics, scripture, movies, sound recordings
Fair use doctrine
Allows portions of copyrighted materials to be used without permission
Depends on purpose, character, natura, relation, and effect of the copyrighted work
Software copyright protections
Proving infringement requires showing resemblance that could be explained only by copyrighting
Patent law
protects inventions
Prior art patent law **
the existing body of knowledge available to a person of ordinary skill in the art (something know to the people of the art cannot be patent)
Patent infringement
unauthorized use of another’s patent
title 35 of US code has
laws for granting and enforcing patents
Things that CANT BE patented
Abstract ideas, laws of nature, natural phenomenon
Length of utility patent
20 years from filing
What is a utility patent?
Protects the functional aspects of an invention such as how it works or a chemical formula
EX: a new wheel for a car, a new chemical compound, new method of making toast
Which is stronger utility or design patent?
Utility
Design patent length
15 years from granting
What is a design patent?
Protects the appearance and ornamental characters of an object
EX: shape of coke bottle, apply iPhone icons, Nike swoosh logo
Leahy-smith America invents act
Changed the patent system from a first to invent to first inventor to file
Expanded the definition of prior art used to determine the novelty of an invention and whether it can be patented
Made it more difficult to obtain a US patent
Cross licensing agreements
Each part agrees not to sue the other over patent infringements
*Small tech business at a disadvantage in this area
In patent disputes the small company usually settles and licenses its patents to large company to?
avoid the cost of litigation
Trade secret laws on IP
protects information critical to an organizations success but doesn’t involve filing information with the government in advance
Trade secret laws charateristics
*Secret business information THE SECERT FORMULA
Represents something of economic value
Has required effort or cost to develop
Has some degree of uniqueness or novelty
Is generally unknown to the public and is kept confidential
advantages of trade laws on IP
No time limits on the protection of trade secrets
No need to file an application make disclosures to any person or agency or disclose a trade secret to outsiders to gain protection
Trade secrets cannot be ruled invalid by the courts
Whats the difference between patents and trade laws?
Patents have to be publisized the secret information rather trade laws are confidential and unknown to the public
Examples of IP that need trade secert coverage
KFC chicken secret formula, chemicals in fast food, what’s in coke
Protecting trade secerts-uniform trade secrets act
Established uniformity across the states in trade secret law
Protecting trade secrets-economic espionage act
Imposes penalties for the theft of trade secrets
Protecting trade secrets-Nondisclosure clauses
Prohitbs employees form reveling company secrets
Protecting trade secrets- noncompete agreemet
Prohibits an employee from working for any competitors for a period
Must be viewed as reasonable by a count but varies by state
Trademark enables
a consumer to differentiate one’s company’s products from another’s
Examples of trademarks
Logo, package design, phrase, or word, that enables a phrase a consumer to differentiate one company’s products from anothers
Trademarks can be renewed?
forever as long as it is in use
IP and natural law
IP protections attempt to recognize the rights of creators and the common good
IP protections reflect that in our human nature incentives matter, and without these incentives the common good suffers
IP protections also recognize that finical incentives arent everything and?
If you have something good it should be shared at some point (plus fair use)
The case agasint IP is made by
boldrin and levine
The case agasint IP
This is a minority position
IP really means intellectual monopoly
IP stifles innovation and creativity and does not serve the common good
Controls use after sale
Barriers to entry for new firms
Higher prices for consumers
boldrin and levine state alterantives to IP are
Patronage
Crowfunding
Subscriptions
Controversy with IP
are the financial incentives created through IP law protections necessary for new products and services to be created? How best is the common good served?
Pharmceuticals without IP protection
Companies would seek first-mover advantages
Competition
Knowledge diffusion leading to more development
Social recognition and prestige attracting talent and capital
Voluntary contractual agreements
Historical examples: 19th and 20th century Italy and Switzerland
Ethical decisions with hacking and virsuses
are involved in determining which information systems and data most need protection
hackers
test the limitations of information systems out of intellectual
White hat hacker
authorized
Black hat hacker
unauthorized
Grey hat hacker is ?
unauthorzied but hacks for good intentions
Grey hacking viewed by ethics-ultiarnism
Act Ultraism-pleasure/pain calculation of the act
Rule uliteralism-pleasure/pain calculation of the rule
Greay hacking viewed by NL
- Adherence to the precedence of negative norms would say hacktivism is unethical due to the “object”
- Prudential judgement is required in extreme cases where the negative norm to be broken is of minor importance relative to an extreme duty of care
Lammers or script kiddies
terms used to refer to technically inept hackers
Mallicious insiders
employees, consultants, contractors, have some form of collusion (cooperation between an employee and an outsider)
Negative insiders
Poorly trained and inadequately managed employees who cause damage accidently
industrial spies competitive intelligence
legally obtained data gathered using sources available to the public
Industiral spies, esponiage
Using illegal means to obtain information that is not available to the public
cybercriminals
Hack into computers to steal and engage in computer fraud
Data breches by cybercriminals
Unintended release of sensitive data or the access of sensitive data by unauthorized induvial
Hacktivists
Hack to achieve a political or social goal
Cyberterroists
Launch computer-based attacks to intimidate or social objectives
Use techniques that destroy or disrupt services
Consider themselves not to be at war
Have a very high acceptance of risk
Seek maximum
Organizations need a multiplayer process for
managing security vulnerabilities
Computer forensics
Key to fighting computer crime in court of law
ACM code of ethics
section outlines fundamental ethical principles that form the basis for the remainder of the code
ACM code of ethics code:
Contribute to society and well-being
Avoid harm
Be honest and trustworthy
Be fair and act not to discriminate
Respect the work required to produce new ideas, inventions, creative works, and computing artifacts
Respect privacy
Honor confidentiality
Hospital Ransome attack articles
hacking affect local health systems, reflected the need for backup systems, and need for protection and contingency plans
Paper charting in hospital introduces
Complex patient care
Disclosure
disclosing the details on the situation
Secrecy
Covering attacks up
Why are computer incidents so prevelant?
Increasing complexity
increase vulnerability
Number of entry points to a network expands continually, increasing the possibility of security breaches
Why are computer incidents so prevelant?
Cloud computing
Environment where software and data storage are provided via internet, plus for computer security
Why are computer incidents so prevelant?
Virtualization software
operates in a software layer that runs on top of the operating system
Enables multiple virtual machines to run on a single computer
Why are computer incidents so prevalent?
Bringing your own device
business policy that permits employees to use their own mobile devices to access company computing resources and applications
Exploit
Attack on an information system that takes advantage of a particular system vulnerability
Types of exploits
virus
piece of programming code, disguised something else, that causes a computer to behave in an unexpected and undesirable manner
types of exploits
Worm
harmful program that resides in the active memory of the computer and duplicates itself
types of exploits
Trojan horse
program in which malicious code is hidden inside a seemly harmless program
trojan horse-logic bomb
executes when it is triggered by a specific event
types of exploits
Spam
abuse of email systems to send unsolicited emails to large numbers of people
Spam-
CAPTCHA
(completely automated public turing est to tell computers and humans apart
Types of exploits
Distributed denial of service attack:
Causes computers to flood a target site with demands for data and other small task
Types of exploits
Rootkit
Enables user to gain administrator level access to a computer without users’ consent
Types of exploits
Phishing
Fraudulently using emails to try to get the recipient to reveal personal data
Types of phishing
spear phishing
phisher sends fraudulent emails to certain organizations employees
Emails are designed to look like they come from high level executives within the organization
Types of phishing
Smishing
leigitmate-looking test messages sent to people telling them to call a specifc phone number or to log on to a web site
Types of phishing
Vishing
victims receive a voice mail telling them to all a phone number or access a website
Zero day attack
: takes place before the security comm
unity or software developer knows about the vulnerability or has been able to repair it
Botnet
Group of computers which are controlled from one or more remote locations by hackers without the knowledge or cost of their owners
Zombies
Computers that are taken overused to distribute spam and malicious code
National Institute of standards and technology
Identify
Develop an organizational understanding to manage cybersecurity risk to systems, people, assets, data, and capabilities
National Institute of standards and technology
Protect
Implement appropriate safeguards to ensure delivery of critical infrastructure services
National Institute of standards and technology
Detect
develop and implement appropriate activities to act regarding a detected cybersecurity event
National Institute of standards and technology
Respond
Develop and implement appropriate activites to maintain plans for resilience and to restore any capabilities or services that were impaired due to a cybersecurity event
Prevention
Install a corporate firewall
Limit network access based on the organizations
Prevention
Intrusion detection system
Monitors system and network resources and activites, notifies network security personnel when network traffic
Prevention
Antivirus software
scans for a specific sequence of bytes, known as a virus signature indicates the presence of a specific virus
Prevention
Department of homeland security
aims to secure critical infrastructure information systems
Detection systems
Catch intruders in the act
Minimize the impact of intruders
Ethical issues
Allocation of resources to computing security
Communication of data breachers
Hacktivism
Natural law or other rules-based approaches versus the utilitarian greatest good