The Ethical and Legal Dilemmas of Digital Accountability Research and the Utility of International Norm-Setting

Abstract

Nearly every aspect of our life is impacted by digital technologies manufactured and sold by companies. Legislative frameworks to limit the harms of such technologies have been slow to develop and remain entangled in controversy.1 The expanding role of digital technologies has been accompanied by a disturbing descent into authoritarianism in many countries that is also, in part, fueled by these very same tools.2 The decline of liberal democratic institutions is said to be linked to various properties of the digital ecosystem—from security flaws in popular applications used by states to engage in covert and remote surveillance3 to the development and exploitation of social media algorithms that push violent and divisive content.4 There is no doubt, then, that digital accountability research—which we define as evidence-based research seeking to track and expose risks to civil society in the digital ecosystem—is critical. This essay highlights the legal and ethical challenges faced in digital accountability research and concludes that a comprehensive and global ethical framework for such research is a critical step forward. As legal frameworks and norms continue to shift with respect to digital accountability research, such collaborative, international norm-setting would help ensure that digital accountability research continues.