CapCHI presentation given March 2022 and co-presented with Roxana-Maria Barbu

1. Ethics in
Product Creation
CapCHI March 2022
Roxana-Maria Barbu, PhD
Jennifer Fraser
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2. Our frames of reference
Ethics definition(s)
Three discussion points:
Accountability
Consent
Offboarding
Q&A
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AGENDA

3. Our frames of reference

4. 4
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6. Ethics definition(s)

7. When you think of ethics, what comes to mind?
A. right vs. wrong
B. morals
C. laws
D. rights and responsibilities
E. other
Poll

8. Ethics refers to the study and development of one's ethical
standards.
... feelings, laws, and social norms can deviate from what is
ethical. So it is necessary to constantly examine one's
standards to ensure that they are reasonable and
well-founded. Ethics also means, then, the continuous
effort of studying our own moral beliefs and our moral
conduct, and striving to ensure that we, and the institutions
we help to shape, live up to standards that are reasonable
and solidly-based.
Santa Clara University’s Center for Applied Ethics
Ethics at the individual level
“

9. Ethics refers to well-founded standards of right and wrong
that prescribe what humans ought to do, usually in terms of
rights, obligations, benefits to society, fairness, or specific
virtues.
Santa Clara University’s Center for Applied Ethics
Ethics at the societal level
“

10. 3 Discussion Points:
Who’s accountable?
Consent
Offboarding

11. 3 Discussion Points:
Who’s accountable?
Consent
Offboarding

12. Given the rapid pace at which advanced technologies are
developing and the vast consequences that they can have, ‘I
am just an [insert position]’ is no longer an acceptable
excuse. If you are contributing to creating a product in any
manner, you are responsible for its effects on others.
Kat Zhou, “Designing ethically pt. 1”
Who is accountable?
“

13. The interface is the first point of contact between the law,
rights and individuals.
Estelle Hary, “Design Issues in Data Protection”
Who is accountable?
“

14. Example 1: Facial Recognition
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Clearview
The Secretive Company That Might
End Privacy as We Know It
Helps law enforcement match photos of unknown
people to their online images
“Laws have to determine what’s legal, but you can’t
ban technology. Sure, that might lead to a dystopian
future or something, but you can’t ban it.” - David
Scalzo, and early investor in Clearview.
— The New York Times

15. Example 1: Facial Recognition
15
Clearview
In the digital age, bad design
decisions are amplified.
— The New York Times

16. Example 1: Facial Recognition
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Clearview
It was used by officers, without
approval of the Chief of police, in 84
investigations in Toronto.
— The Star

17. The Use of AI Technology Policy public
consultation
17
The Toronto Police Services Board
says the policy aims to ensure AI is
used by the Toronto Police Service in
a way that is "fair, equitable, and does
not breach the privacy or other rights
of members of the public."
— CBC

18. The public’s response
18
Post - deployment monitoring
Public’s ongoing ability to respond
Data quality
Expert Panel Review
— Toronto Police Service Board
public consultation

19. The public’s response
(select) Concerns
1. Biased data or data of unknown provenance
2. Data collected through social media
3. Risk assessment of the AI technology
4. Monitoring post deployment
— Response to the Toronto Police
Service Board

20. 3 Discussion Points:
Who’s accountable?
Consent
Offboarding

21. Informed consent process is the cornerstone of ethics.
— Kadam, 2017
21
Consent
“
Informed consent process is the cornerstone
of ethics.
— Kadam, 2017

22. “I AGREE”
Designer: Dima Yarovinsky
Institution: Bezalel Academy for Art and Design
City, Country: Jerusalem, Israel
Course: Infographics
Teacher: Roni Levit

23. Consent done right
Plain language
Time to reflect
Coercion-free
Now and in the future
Key Elements

24. Consent - Plain language
You hereby grant Nexon a royalty-free, perpetual, irrevocable, fully
transferable and sub licensable, non-exclusive, worldwide right and
license to use your User Content in any and all media in any manner
and for any purpose (including without limitation commercial,
advertising and promotional purposes) to the greatest extent
permitted by applicable law, including without limitation the rights to
reproduce, copy, modify, perform, display, publish, distribute,
broadcast, transmit, or otherwise communicate to the public, or
create derivative works from or adapt, use or otherwise exploit by
any means whether now known or unknown and without any further
notice or compensation to you of any kind. To the extent permitted by
applicable law, you waive any moral rights of paternity, publication,
reputation, or attrition with respect to Nexon's and other players' use
and enjoyment of User Content in connection with the Services. The
license grant to Nexon, and the above waiver of any applicable moral
rights, survives any termination or expiration of the Terms.

25. Consent - Plain language
You hereby grant Nexon a royalty-free, perpetual, irrevocable, fully
transferable and sub licensable, non-exclusive, worldwide right and
license to use your User Content in any and all media in any manner
and for any purpose (including without limitation commercial,
advertising and promotional purposes) to the greatest extent
permitted by applicable law, including without limitation the rights to
reproduce, copy, modify, perform, display, publish, distribute,
broadcast, transmit, or otherwise communicate to the public, or
create derivative works from or adapt, use or otherwise exploit by
any means whether now known or unknown and without any further
notice or compensation to you of any kind. To the extent permitted by
applicable law, you waive any moral rights of paternity, publication,
reputation, or attrition with respect to Nexon's and other players' use
and enjoyment of User Content in connection with the Services. The
license grant to Nexon, and the above waiver of any applicable moral
rights, survives any termination or expiration of the Terms.
Two ways to address this:
Using plain language
Sending the forms in advance

26. We need to ensure participants do not consent
because of external pressures such as financial
needs.
How can we achieve this?
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Copyright Emids 2022 |
Coercion-free

27. We need to ensure participants do not consent
because of external pressures such as financial
needs.
How can we achieve this?
Pre-pay
Donations
Other?
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Copyright Emids 2022 |
Coercion-free

28. If done right, Informed Consent can go a very long way.
Reflection

29. Kim Goodwin
“Ideally, as a practice, we have “Do no harm” as the first
tenant of our work.”
“An Interview with Kim Goodwin”
Autumn Hood
UX Collective on Medium, September 10, 2018
https://uxdesign.cc/an-interview-with-kim-goodwin-20871d17f394
Photo credit:
https://vizbi.org/blog/2018/03/06/user-experience-design-keynote-kim-goodwin/

30. Kim Goodwin
“The Values are the Experience”
Kim Goodwin
UxLx – User Experience Lisbon, video posted December 7, 2018
https://www.youtube.com/watch?v=31Ae-7SC28E
“If you think about it ... internet enabled technology,
the web and all the internet of things and everything
that collects data about us and tries to change our
behaviour, is actually the biggest interventional study
ever ... and it's mostly unconsented.”
Photo credit:
https://vizbi.org/blog/2018/03/06/user-experience-design-keynote-kim-goodwin/

31. 3 Discussion Points:
Who’s accountable?
Consent
Offboarding

32. 32
Copyright Emids 2022 |
ARC
Person/Product Shared Journey
Pre-Onboarding
First Date
Onboarding
Honeymoon Phase
Daily Usage
Long-lasting
Partnership
Growth & Beyond
til’ Death Do Us Part

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Copyright Emids 2022 |
ARC
Person/Product Shared Journey
Pre-Onboarding
First Date
At this stage in the journey, people
are learning what the product /
service has to offer at a very high
level.
They need to be impressed enough
try it, whether it’s to download or sign
up.
Onboarding
Honeymoon Phase
People are trying out the platform. This
could go two ways: they are engaged by
the newly acquired experience, or they
don’t like it and they delete/interrupt
participation.
Typically the onboarding process is the
decisive moment. People are asking
themselves: Is this of value to me?
Daily Usage
Long-lasting Partnership
If people enjoy and benefit from the
platform, they remain engaged and
may use it daily.
Product teams typically focus on
features and functionality that live
within this stage.
Growth & Beyond
til’ Death Do Us Part
This stage identifies elements
beyond daily needs such as a person
elevating their role from user to
contributor / mentor, or establishing
a human connection or community
that extends beyond the initial
outcome, cultivating a long-lasting,
meaningful, relationship with the
platform.
One, often overlooked, aspect of this
stage is the offboarding. The
experience of people when they are
choosing to leave the platform or
service.

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Second Sight
“I remember exactly where I was: I was switching
from the 6 train to the F train,” Campbell tells IEEE
Spectrum. “I was about to go down the stairs, and all
of a sudden I heard a little ‘beep, beep, beep’ sound.”
It wasn’t her phone battery running out. It was her
Argus II retinal implant system powering down. The
patches of light and dark that she’d been able to see
with the implant’s help vanished.
— IEEE Spectrum

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Copyright Emids 2022 |
ARC
Person/Product Shared Journey
Pre-Onboarding
First Date
Onboarding
Honeymoon Phase
Daily Usage
Long-lasting
Partnership
Growth & Beyond
til’ Death Do Us Part

36. Sage Bionetworks Privacy Toolkit
Privacy Toolkit
Bridging the Gap on Privacy: The role of Design and
Governance
— Vanessa Barone & Woody MacDuffie -

37. Sage Bionetworks Privacy Toolkit
Privacy Toolkit
Bridging the Gap on Privacy: The role of Design and
Governance
— Vanessa Barone & Woody MacDuffie -

38. Inactivity notification
— Privacy Toolkit

39. User Data Access
— Privacy Toolkit

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Copyright Emids 2022 |
ARC
Person/Product Shared Journey
Pre-Onboarding
First Date
Onboarding
Honeymoon Phase
Daily Usage
Long-lasting
Partnership
Growth & Beyond
til’ Death Do Us Part

41. The Person - Product - Environment Loop
4
1
Products do not exist
in a silo.
There is an intricate
relationship between people,
products, and the
environment.
ENVIRONMENT APP
PERSON

42. Thank You
42
Copyright Emids 2022 |
ValGenesis:

43. Q&A

44. Resources
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Copyright Emids 2022 |
ValGenesis:
Integrating Ethics in Digital Health
Product Development
Read More →
Machine Learning, Ethics, and
Product Design
Listen to →
Sage Bionetworks Privacy Toolkit
Read More →
CNIL Resources for GDPR
Compliance:
Read More →

45. Ends Here