What is implied consent?
Implied
consent is when consent is inferred from signs, actions, or facts, or by
inaction or silence. One common form of implied consent is when you obtain a
drivers license and basically consent to the laws such as not drinking and
driving or being under the influence of drugs that would affect your motor
vehicle skills.
When, if ever, is implied consent
morally acceptable?
To me
implied consent is morally acceptable if you put yourself in a situation where
you know you can be taken advantage of and have no means of protecting yourself
then you are subjecting yourself to a situation in which you do not have control.
If someone knows that they can’t maintain control of a situation then they
should remove themselves from the situation at hand. In reference to the Girls
gone Wild case I think that implied consent is the case since she is an adult
and knows the environment and what she could be subjected to. In Adults I think
implied consent is morally acceptable since we have the ability to make
decisions and judgment calls. When it comes to adolescent children and those below
the age of eighteen I believe that implied consent is not as morally acceptable
as it is pertaining to adults. Children should be held less accountable when it
comes to cases of implied consent since they lack experience and the skills to
make decisions based upon control of a situation and how it might affect them.
When is it necessary to obtain
explicit consent? Give some examples--they don't have to deal with the
body and sex, as these examples do, but they should *not* be associated with
computers.
It is
necessary to obtain explicit consent when you interfere with another person’s
body or perform actions that will be devasting to their character or
reputation. More specifically explicit consent should be required when two
people agree to have intercourse. Hopefully the parties involved take actions
that don’t subject their health to certain consequences in which “implied
consent” after obtaining explicit consent can be applicable since they did not
take the actions to protect themselves from bodily fluids. Explicit consent
should be obtained if the actions interfere with the freedoms of oneself. The
concept of when in doubt ask, should be the case in getting explicit consent
since what you may expect from someone else might not be what they expect to
give. It is hard to not apply this situation to either sexual relations or voluntary
drug related behavior. If you socialize with people who smoke a lot of weed or
drink a lot then you are basically subjecting yourself to implicit consent
since peer pressure to do the same as them will be used. Now if the crowd you
usually hangout with starts experimenting with more hardcore drugs such as
cocaine or heroin then they passively require your explicit consent to try new
substances in which you do not know how your body will react.
2. How does the problem of implied
vs. explicit consent apply to computers, and specifically, to ethical
hacking? When would an ethical hacker need to make use of this concept?
Pertaining
to ethical hacking the problem of implied versus explicit consent lies between
the contract and the laws of the land or country you reside in. Legally you
have to follow state and federal laws but a contract between a penetration
tester and a client could violate certain laws in order to test the security of
systems. An ethical hacker should make use of this concept to determine if a
contract violates their morals and could force penalizing consequences that
would affect their right to life or liberty. When accepting a job offer or a
contract for work an ethical hacker should be able to differentiate between
implied consent and when it is necessary to either give or request explicit
consent. Consequences and repercussions behind your actions should be taken
into account when performing duties under contract or when employed as a
penetration tester. Following proper protocol for obtaining authoritative
permission to perform tasks and explain the effect and the purpose of the task
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