1.
What is implied consent? When, if
ever, is implied consent morally acceptable? 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.
What is implied consent?
The legal-dictionary definition of implied consent is “consent that is inferred from signs, actions, or facts, or by inaction or silence.” One form of implied consent could be when a person is on a sports team. By signing up for that team, the player consents to obey what the coach tells them to do; in baseball that could be when a batter is at the plate he consents to follow the coach/manager’s order to bunt when he’s supposed. I think implied consent is something important in organized crime as well. If a person is in the mafia, they have to be loyal to “the family.” If they’re told to do something they basically have to do it or they could be killed. (During Christmas break I finished reading a book called Blood Covenant by Michael Franzese, I’ll bring it to class. I will try to find a couple relevant passages from the book to share.) I know there are lots of other examples of implied consent, but I’m drawing a blank right now for some reason.
When, if ever, is implied consent morally acceptable? When is it necessary to obtain explicit consent?
I do believe implied consent is an okay thing in some situations, but I actually like the idea of the Antioch policy and needing that explicit, verbal consent when it comes to sexual situations. It is always good to be on the safe side in those instances to cover your own tracks. I’ve always been shy around women because I never want to be accused of doing something wrong, which is a big reason I’m still single. I’d rather be single than saying or doing something wrong and risk going to jail, especially if I meant no harm. I’m perfectly okay living alone, although it does get lonely sometimes. I just want to avoid any potentially bad situations (call it paranoia if you will). I tend to be a pretty friendly person, and to some people that can come off as being “creepy” or “weird,” which really bothers me, because I’m just being nice (I was brought up to be a nice person). So I’ve started keeping to myself more and more as time goes on. I’d rather keep my feelings to myself than run the risk of saying something that, in my mind, is completely innocent, but someone else may interpret the wrong way and take as sexual harassment.
Sorry, I kind of got off track there, but I’ll leave that in just for the heck of it. I don’t mind sharing in this type of forum.
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?
Implied vs. Explicit consent related to ethical hacking in a big way. We were just talking about penetration testing recently, which is a function performed by ethical hackers. When an ethical hacker performs a penetration test, he or she MUST get explicit, written consent to do what he or she needs to do or potentially risk a lawsuit. The consent comes in the form of a contract and that contract needs to be thorough from the ethical hacker’s point of view, as well as from the company’s point of view. Both parties must understand the contract, and abide by it.
(If I need to add anything or make anything clearer, if there is anything I left out, please let me know.)
What is implied consent?
The legal-dictionary definition of implied consent is “consent that is inferred from signs, actions, or facts, or by inaction or silence.” One form of implied consent could be when a person is on a sports team. By signing up for that team, the player consents to obey what the coach tells them to do; in baseball that could be when a batter is at the plate he consents to follow the coach/manager’s order to bunt when he’s supposed. I think implied consent is something important in organized crime as well. If a person is in the mafia, they have to be loyal to “the family.” If they’re told to do something they basically have to do it or they could be killed. (During Christmas break I finished reading a book called Blood Covenant by Michael Franzese, I’ll bring it to class. I will try to find a couple relevant passages from the book to share.) I know there are lots of other examples of implied consent, but I’m drawing a blank right now for some reason.
When, if ever, is implied consent morally acceptable? When is it necessary to obtain explicit consent?
I do believe implied consent is an okay thing in some situations, but I actually like the idea of the Antioch policy and needing that explicit, verbal consent when it comes to sexual situations. It is always good to be on the safe side in those instances to cover your own tracks. I’ve always been shy around women because I never want to be accused of doing something wrong, which is a big reason I’m still single. I’d rather be single than saying or doing something wrong and risk going to jail, especially if I meant no harm. I’m perfectly okay living alone, although it does get lonely sometimes. I just want to avoid any potentially bad situations (call it paranoia if you will). I tend to be a pretty friendly person, and to some people that can come off as being “creepy” or “weird,” which really bothers me, because I’m just being nice (I was brought up to be a nice person). So I’ve started keeping to myself more and more as time goes on. I’d rather keep my feelings to myself than run the risk of saying something that, in my mind, is completely innocent, but someone else may interpret the wrong way and take as sexual harassment.
Sorry, I kind of got off track there, but I’ll leave that in just for the heck of it. I don’t mind sharing in this type of forum.
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?
Implied vs. Explicit consent related to ethical hacking in a big way. We were just talking about penetration testing recently, which is a function performed by ethical hackers. When an ethical hacker performs a penetration test, he or she MUST get explicit, written consent to do what he or she needs to do or potentially risk a lawsuit. The consent comes in the form of a contract and that contract needs to be thorough from the ethical hacker’s point of view, as well as from the company’s point of view. Both parties must understand the contract, and abide by it.
(If I need to add anything or make anything clearer, if there is anything I left out, please let me know.)
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