4. Ethics for Tech Developers and Tech Consumers
Tech Consumer Responsibilities; Professional Codes; and Everyday Decision-Making
Tech Consumer Responsibilities
Considering the typical audience for this textbook, nearly 100% of you would most likely consider yourselves to be consumers of tech. Take a few moments to think about all of the tech that you regularly use as a part of your day-to-day experiences. From checking your smartphone for messages and social media updates, to using laptops or tablets for school or work assignments, streaming music and videos, playing video games, and even relying on smartwatches or fitness trackers to monitor your health – technology is woven into nearly every aspect of your daily routine. Whether you’re ordering food through an app, catching up on news, attending virtual classes, or collaborating on group projects using cloud-based tools, it’s clear that tech plays a central role in how you learn, work, connect, and entertain yourselves.
What would be some of the ethical considerations for consumers of tech? As a starting point for this discussion, I posed this exact question to a generative-AI tool (Perplexity) to see the response. Here is what Perplexity had to say:
“Some key ethical considerations for consumers of tech include protecting personal privacy and data, being aware of how their information is collected and used, ensuring informed consent when using digital services, recognizing and avoiding technologies or companies that engage in discriminatory or unfair practices, respecting intellectual property, and considering the broader social and environmental impacts of their tech use. Consumers should also be mindful of the potential for technology to amplify bias or harm vulnerable groups, and strive to make choices that support transparency, fairness, and accountability in the tech industry.”
Interesting indeed!
Let’s look at each of these concepts and turn them each into questions for you to review through your own personal lenses:
- protecting personal privacy and data – Is your personal privacy and data actually protected? Do you know where (all) this data exists and who (all) has access to it? Does it really need to be kept private and protected?
- being aware of how their information is collected and used – Do you have any control (or say) over what is collected or how it might be used (or shared, or sold)? Does it matter?
- informed consent when using digital services – Have you willingly and knowingly given away your information? How about your rights? Can you change your mind? If you do change your mind, is it already too late? Do you have any recourse?
- recognizing and avoiding technologies or companies that engage in discriminatory or unfair practices – Do you ever investigate the provider(s) of the tech you consume and does that information affect your decision to work with (and consequently support and enable) those companies? Do you have any responsibility to not support and enable unethical companies?
- respecting intellectual property – Do things like pirating games, software, or music have ethical implications? Does it matter if we’re talking about an artist’s intellectual property or a company’s intellectual property? What about your colleagues’ work? If they didn’t ‘legally’ protect it, is it fair-game?
- considering the broader social and environmental impacts – Does it matter that buying the newest version of a phone will mean that the ‘old’ phone may become e-waste with long-term global environmental harm? Does it matter when trash-talking someone in a gaming app if we are completely unaware of their own propensity toward self-harm? Do you have any responsibility and/or culpability in the outcomes that derive from your own actions with tech?
- technology amplifying bias or harming vulnerable groups – Am I using platforms or tools that have been shown to perpetuate or amplify biases, such as facial recognition systems with higher error rates for people with darker skin tones or recommendation algorithms that reinforce stereotypes or exclude certain groups? How might my engagement with algorithm-driven content – such as clicking, sharing, or purchasing – contribute to feedback loops that reinforce existing biases or marginalize underrepresented communities?
As technology becomes ever more integrated into daily life, intentionally reflecting on how we interact with it is essential for fostering a more ethical and responsible digital world. By asking ourselves thoughtful questions about privacy, consent, fairness, and the broader impacts of our choices, we can move beyond passive consumption and become conscious participants in shaping the tech landscape. This means not only protecting our own interests but also considering the well-being of others and the environment, holding companies accountable, and striving for transparency and inclusivity in all our digital interactions. Through ongoing awareness and deliberate action, each of us can contribute to a culture where technology empowers rather than exploits, and where ethical considerations guide both innovation and everyday use.
Professional Codes
Now, for some of you, technology isn’t going to be something you simply consume. Rather, some of you may be heading down a path toward becoming a technology practitioner. As a technology practitioner, all of the previously discussed ethical responsibilities of a tech consumer exist – first and foremost – but there are also additional ethical factors that will be found in addition to those basic considerations.
Some common tech-related job titles include the following:
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In your tech-related path, you will find yourself working with very many different individuals who may have many different expectations as to how you will apply ethics in your day-to-day interactions. Think about all of the different people shown here and remember that each person has their own set of personal lenses which they are using (whether intentionally or subconsciously) during each interaction with you.
Figure 7: IT Professionals' Ethical Relationships
Often, the details of these relationships may be spelled out (at least partially) via various relationship agreements. These agreements can take many forms (i.e. contracts, non-disclosure agreements, license agreements, professional codes of conduct, etc.) with many of these forms having both ethical and legal ramifications.
But at other times, the details of the relationships are not spelled out at all! And, as a result, conflicts can certainly arise when it becomes evident that there are competing interests being considered and viewed through conflicting personal lenses.
A great starting point for considering the additional ethical responsibilities of a tech practitioner is to review the Association for Computing Machinery (ACM) Code of Ethics and Professional Conduct. This document attempts to codify the ethical responsibilities of tech professionals. But with even a cursory review of this professional code, one can easily discover how conflicts can arise when different constituents prioritize their own agendas related to tech development.
Let’s consider the following case study:
Case Study: Apple Settles ‘Batterygate’ Class Action Suit with an additional $113 Million[1]
In November of 2020, Apple agreed to pay $113 million to settle consumer fraud lawsuits. These lawsuits were brought by more than 30 states over alleging that Apple was intentionally and without notice slowing down and shutting off iPhones resulting in the devices having sluggish performance or completely shutting down.
At first, Apple denied that it purposefully impeded the devices’ performance in any way. Later, Apple admitted that it did, in fact, alter the devices’ performance but it was for the purpose to “…preserve battery life amid widespread reports of iPhones unexpectedly turning off.”
"Many consumers decided that the only way to get improved performance was to purchase a newer-model iPhone from Apple," Arizona Attorney General Mark Brnovich wrote in the complaint. "Apple, of course, fully understood such effects on sales."
The slowdown effected phones that were released between 2014 and 2016, but it wasn’t until December of 2017 that Apple eventually admitted to the slowdowns. Then, they issued an apology of sorts by saying, "We have never – and would never – do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades." But they settled anyway! Initially, they agreed to a settlement of $500 Million to pay affected consumers $25 per phone. The $113 Million was in addition to the initial $500 Million.
To think about this case in more detail, let’s put ourselves in different shoes and examine this situation from different perspectives with differing lenses.
Person 1: Apple Executive – We’ve sold and shipped millions of units of phones from 2014 through 2016 – and they are excellent products! Maybe too good. But that was then. How will we continue to get new sales if our older products are still working just fine? Why should our customers throw away perfectly good and working devices if they are still working for them? If we don’t continue to have the same (or better) sales growth, my position (and my bonuses) will be at risk. And if the new features of our new devices aren’t so appealing that the consumers won’t willingly abandon their working tech, then we need to make the older devices less-than-desirable if we will have any chance of getting those new replacement sales. But we also can’t disclose what we’re doing because we can’t risk our competitors seeing our strategies. Let’s just find a way to make the old phones ‘go away’. (planned obsolescence, trade secrets, intellectual property)
Person 2: Apple Customer – I just spent hundreds of dollars on a device less than 5 years ago and it did everything I needed it to do. And for several years now, it has been a great device! But now, for no apparent reason, my regular apps have become unmanageably sluggish and, sometimes, without warning, my phone will just shut itself off. Apple said that it didn’t do anything, but I certainly didn’t change anything! The device was working perfectly, and then all of a sudden, it is no longer functioning the way it should. Isn’t it reasonable to have an expectation that something that is working will continue to work as designed without interruption or performance degradation? Also, when I ask Apple about what’s going on, shouldn’t they have a responsibility to tell me the truth right up front? And if this device no longer works for me, then it won’t work for anyone. Where will this device end up? In a landfill I suppose… oh, the waste! (corporate responsibility, transparency, environmental responsibility)
Person 3: YOU – as any one of a number of different technology professionals working at Apple.
Developer – The boss just asked me to start working on a program that would run constantly – undetectable and behind-the-scenes – that would basically do nothing but would consume a lot of clock cycles of the processor. The purpose of this program is simply to intentionally drain the battery as quickly as possible. I’m no dummy. I know exactly why I am being asked to do this. If I didn’t work here at Apple, and I wrote something like this, I would be considered a cyberterrorist. Am I really OK with being a part of ‘planned obsolescence’? Is this why I went to school to learn how to be an app developer? Is this the kind of app I thought I’d be developing? Is this really what I signed up for?
Marketing – The boss just asked me to develop a campaign targeting existing phone users telling them how much they are missing out because their older devices just can’t keep up with the new apps. I’m supposed to focus on new apps that only run on the newest devices. We’ve already seen that the ‘new apps’ aren’t that big of a hit because we aren’t getting a lot of ‘new’ customers at this time anyway. It doesn’t seem to be true that the new apps are all that they’re supposed to be. When does ‘exaggeration’ become ‘lying’? Is this really what I signed up for?
Customer Service – The boss just told us that we are experiencing a huge increase in disgruntled customers because their batteries keep draining very quickly and some phones are just shutting off. The boss told me, “Your response is that the customer is just using technology that is too old and they should upgrade to a newer phone right away” and then I should try to transfer them to Sales. I asked the boss, “What changed? Why have the devices suddenly started failing?” The boss said, ‘That’s above our pay-grade.’ and left me on my own. Something doesn’t seem right here. If I were the customer, I would expect more of a concrete answer. And I certainly wouldn’t appreciate a ‘hard sales pitch’ if the reason I called in was to get my current device restored to the way it was working fine just a bit ago. And why can’t my own company be transparent about what is going on? Is this really what I signed up for?
Sales Person – The boss just told me that we will begin using two different sales pitches for our potential customers. First, we have to find out if they are a ‘new’ customer (without one of our previous models.) If so, then we are supposed to first pitch our great Apple brand (be one of the cool kids), and then next we should pitch the differences between our brand and the other brands, and then, finally, we should close with the pitch that the new phones are positioned to handle any new technology advancements that may come in the future. But if the prospect is an ‘old’ customer, then the pitch needs to be just ‘sad commiseration’. They will be grousing about how they thought their old phone should have lasted a lot longer and how they always took great care with it… I am supposed to just sadly nod my head and say, “yeah – the tech just keeps changing… it’s getting hard to keep up… but what are you gonna’ do? You need the latest tech to be able to do all of the things you’ve gotten used to doing.” But then the boss says I should also use the pitch that the new phones are positioned to handle any new technology advancements that may come in the future. Are you kidding me? How am I supposed to do that with a straight face? Isn’t the reality that this investment is designed to fail in less than 3 – 5 years? Is this really what I signed up for?
When looking at this exact same situation through the different perspectives of different involved people, we can see that there are quite a number of ethical considerations that should not be too easily dismissed. One of the most common conflicts when it comes to the ethics associated with business and technology involves the distinctions and differentiations between two different groups of people: stockholders vs. stakeholders.
Stockholders (or shareholders) are individuals, companies, or institutions that own shares in a corporation, giving them partial ownership and certain rights such as voting on major company decisions and receiving dividends when profits are distributed. Their primary interest lies in the financial performance of the company, as their returns depend on stock value and dividend payouts, and they can typically buy or sell their shares at will.
In contrast, stakeholders encompass a much broader group, including not only shareholders but also employees, customers, suppliers, and members of the local community, all of whom have an interest in the company's performance and impact, even if they do not own any shares. While stockholders are mainly concerned with financial returns, stakeholders may prioritize long-term stability, ethical practices, job security, product quality, and the company’s social and environmental responsibilities.
This means that stakeholders’ interests may not always align with those of stockholders. It has been this author’s experience that the vast majority of corporate boards and executive leadership prioritize stockholder interests over stakeholder interests.
So, where does this leave us when we consider how a Professional Code of Conduct can help us in making our ethical decisions? First, this can be something that one can intentionally look for when interviewing for a position with a potential employer. individuals can find out if the organization has adopted the ACM Code of Ethics and Professional Conduct. Or perhaps they have their own code of conduct that they have developed.
individuals can also discover the policies and procedures that the organization uses for dealing with conflicts that arise from competing priorities. Some organizations utilize internal and/or external mediation boards to help provide unbiased, objective reviews and conflict resolutions.
Additionally, individuals can adopt their own code of ethics and professional conduct to be a guide for their own, personal decisions. But in order to do this, one should also proactively consider what they may do when they are asked to do something that violates their adopted code of ethics.
A look at one company’s Code of Conduct
The company Enterprise Mobility (formerly Enterprise Holdings) is a 68-year-old company that includes several brands – such as Enterprise Rent-A-Car, National Car Rental and Alamo – and provides services such as fleet management, car-sharing, van-pooling, truck rental, luxury rental, retail car sales and vehicle subscription. Enterprise currently has a global fleet of more than 2.3 million vehicles with rental locations in more than 90 countries and territories, including more than 40 countries across Europe.
In a strong example of corporate responsibility, transparency, and commitment to a professional code of conduct, Enterprise publishes their Code of Conduct here: https://www.enterprisemobility.com/content/dam/enterpriseholdings/marketing/about-us/compliance-and-ethics/enterprise-holdings-employee-code-of-conduct.pdf
This comprehensive document defines and discloses precisely what is expected of its employees as well as how its customers and vendors can expect their relationships to exist. The introductory letter from the President and Chief Executive Office (CEO) of Enterprise, Chrissy Taylor, clearly illustrates the ‘WHY’ that Enterprise has adopted and publicly declared their commitment to this Code of Conduct.
Figure 8: Enterprise's Code of Conduct Introduction Letter by Chrissy Taylor, President and CEO
Contained within their code of conduct, Enterprise shows that there is a clearly defined path that individuals can use (but, more importantly, also have a responsibility to use) to report and resolve issues of ethical concern. This path includes one’s immediate supervisor, a next-level supervisor, the Human Resources department, or the Compliance and Ethics Committee. They even have an ethics hotline which includes a link for online reporting as well as a toll-free number which are both available and monitored 24 hours a day, 7 days a week, and 365 days a year!
Take a few minutes to review this one company’s published Code of Conduct. Just a few of the topics that you will find covered here include concepts that allow us to also introduce additional terms to be further explored:
- Obligations of Leadership – leaders are required to ‘lead by example’ as a requirement of their position.
- Copyright, trade secret, patent, intellectual property – creations of the mind that the law defines and protects.
- Conflicts of Interest – occurs when one’s personal interests interfere with their ability to make unbiased decisions on behalf of the organization.
- Gift – Something of value given willingly to another person without any expectation of return or influence.
- Bribe – Something of value offered or given with the intent to influence the recipient’s actions or decisions for the giver’s benefit.
- Insider Trading – buying or selling of a company's securities by individuals who possess material, nonpublic information about that company, often in violation of a duty to keep that information confidential.
- Anti-Corruption Laws – these vary by region/country and can be complex, but these remain part of the legal requirement as well as an ethical requirement.
- Harassment – any unwelcome behavior toward another person relating to a person’s legally protected characteristics that have the purpose or effect of creating an intimidating, hostile, or offensive work environment. Such conduct may be physical, sexual, or psychological.
Review the Enterprise Code of Conduct and compare and contrast what you find there with the ACM Code of Ethics and Professional Conduct. Where do you discover similarities? Are there differences? Do you feel that any differences are significant? Which, if any (and in which document), would you suggest should be changed and why? How do these codes of conduct currently match up to your own way of thinking about your own personal ethics?
Everyday Decision-Making
So far in this chapter you have:
- considered your own ethical responsibilities as a consumer of tech
- reviewed the generic but widely adopted ACM Code of Ethics and Professional Conduct
- reviewed one company’s comprehensive and transparent Code of Ethics
It is now time to consider what these might mean for you in your everyday decision-making process. For example, there appear to be some rather valid reason for individuals to consider their own ethical consumption of all things tech – for both their own health, safety and well-being – but also for how their actions might impact others. There appear to be some strong starting points and examples of Ethical Codes of Conduct for both individuals and organizations to use to help define, clarify, and formalize their own approaches to adopting ethics in their own day-to-day actions.
So now, here come the real questions for this chapter:
What does your own, personal Ethical Code of Conduct look like? What are some of the areas that you feel are pretty well defined? What are some areas that you feel may be in conflict – depending on which personal lenses you choose to use? What are some areas of your own personal code of ethics that may be in conflict with your school, or your work, or your family, or your church, or your community, or your culture? Can you imagine writing up your own, personal code of ethics? What all would be included? What do you feel is still too undefined or situational, so much so that it means that you may not have a consistent ethical response in certain situations? What are the risks of inconsistently or sporadically adhering to a personal code of ethics? Is it OK to change your ethical position on a particular subject? If so, what circumstances would allow for this?
As promised in the early chapters of this text… we aren’t providing any concrete, absolute answers to these questions. But rather, we are hoping that by listing a collection of questions, these may help individuals to discover and implement some intentionality into what it means to be an ethical person making informed, ethical decisions in their day-to-day activities.
“Apple Agrees To Pay $113 Million To Settle 'Batterygate' Case Over iPhone Slowdowns”, NPR, updated Nov. 18, 2020, https://www.npr.org/2020/11/18/936268845/apple-agrees-to-pay-113-million-to-settle-batterygate-case-over-iphone-slowdowns↑