What’s Belmont Got To Do With It?

June 12th, 2009 by Erin Kenneally

Recently a group of Internet technology researchers, attorneys and policy professionals participated in a DHS-sponsored workshop, “Ethical Principles and Guidelines for the Protection of Human Subjects in Information and Communications Technology Network and Security Research.” Possible nickname: Belmont Flux Workshop. If you’re still glassy-eyed: (1) you have yet to engage the depths of an Institutional Review Board (IRB) in the context of network and security research; (2) you gave up after seeing “Ethical principles”; and/or (3) you think human subjects issues and network research are orthogonal.

Here’s a summary of the event, and hopefully some inspiration.

The purpose of the workshop was to attempt to interpret the guidelines set forth in the three-decades-old Belmont Report as they might translate to the newer and more dynamic domain of Internet, and particularly Internet security, research. The Belmont Report was promulgated by a Commission spawned from the National Research Act of 1974. It provided guidance for protecting human subjects involved in biomedical and behavioral research supported by the now-named Dept. of Health and Human Services (HHS). This Belmont Report became the basis for HHS regulations (codified at 45 CFR part 46) which in turn became the model for the uniform rules (the “Common Rule”) for human subjects research for 14 other Federal departments and agencies.

The important takeaway from this recount of authoritative history is understanding what catalyzed it. The ground truth of our individual and collective human nature is to not take precautionary, preventative or remedial measures until we’ve been damaged, materially or otherwise. This practical truth is institutionalized in our system of law and regulation, which largely reacts to appreciable harm by proscribing and prescribing certain actions. The original Belmont Report occurred ex post facto to infamous abuses of human subjects experimentation by doctors and scientists such as in WWII concentration camps and the 1940’s Tuskegee syphilis study. As a result of these abuses, the government recognized a need to develop standards for judging doctors, scientists and researchers whose work involves human subjects. These principle-based standards have been applied in the context of formal judicial proceedings, e.g., the Nuremburg War Crime Trials, down to researchers concerned about ethically sound experiment design and review committees (e.g., IRBs) to assess whether research risks are justified.

Fast forward to today’s information and communication technology (ICT) landscape, and in particular to network and security research on the global Internet, a domain that has evolved similar principles to the Belmont Report, but has no ratified method of applying them. Rather than wait for the first ‘Electronic Guantanamo Experiment’, the ultimate goal of this workshop series (there is likely to be at least another workshop) is to establish ethically defensible guidelines for current and future network and security research, so that both individually and collectively we can more effectively avoid and/or mitigate risks of harm to persons. Guidelines ratified by the research community will also help navigate the legal grey area of ICT transactions in daily operations.

To map the Belmont principles from traditional scientific disciplines into a blueprint for network and security research, we considered three axes:

  1. the boundaries between ICT network research and the accepted and routine practice of network operations management;
  2. the basic ethical principles of: (a) respect for persons (research should consider persons’ choice and opinions, should provide adequate notice and allow voluntariness, and persons with diminished autonomy deserve protection); (b) beneficence, (research should maximize possible benefits and minimize possible harms); (c) justice (benefits should accrue to those who bear any burden of the research and the burdens of the research should be distributed to the extent reasonable); and
  3. the application of those principles by way of (a) informed consent (how does it apply to different types of network measurement and experimental research?); (b) risk-benefit analysis (does the research merit the risk to subjects?); and (c) selection of subjects (are the research subjects in the same population who will benefit from the results?), respectively.

Our Game Plan:

Day 1 consisted of largely of foundational presentations to help frame the discussions of the three components above. The first panel gave background information and perspectives from Institutional Review Boards, including HHS and several academic and research organizations. The second panel was comprised of network and security researchers disclosing common and prominent scenarios that vividly illustrate the need for interpretation of these ethical principles in the expanding domain of Internet research. Finally, a few attorneys addressed prominent legal issues in empirical Internet research.

The remainder of the two-day workshop consisted of two breakout sessions, both tasked with a gap analysis between the earlier presented research data use cases and the Belmont framework, recognizing that some aspects of the framework will not translate well to the network research domain, e.g., pregnant persons being in a diminished capacity category, and other aspects will need to be added to a viable framework for network research. The case-based scenarios included: botnet research (e.g., infiltration of botnets and monitoring or disrupting traffic); wide-scale network survey research (e.g, port and wireless scanning); experiments involving reputation services (e.g., scoring and publishing blacklist data); network traffic analysis (e.g., backbone tapping, P2P research); and research involving deception of individuals (e.g., phishing research, honey-* research).

Interestingly, each group produced quite different but complementary results. One group took a high-level approach and crafted the beginnings of a fleshed out Belmont framework that could generally apply to network research, including some but not all portions of Belmont while including additional principles and application guidance.

The other group anchored off the general use cases and similarly highlighted the components of the original Belmont Report that were irrelevant and in need of interpretation. For the latter, this group expounded on specific technology, privacy and risk-assessment issues to consider.

The cost-benefit element of Belmont was arguably the most fundamental dimension of our task, and certainly the most vexing. We cannot expect otherwise, as our electronic operational lives — both individual citizen-consumers and information age institutions — are forming the risk-based synapses that we take for granted in traditional, analog (meatspace) activities. At the least, we are challenged to understand and frame if not (help policymakers) define boundaries of psychological, physical, legal, social and economic harms in the electronic landscape. (If you thought measuring one-way packet delay was hard..)

While few if any would argue against the benefits of empirically grounded network, security, and critical infrastructure protection research, there is little fundamental appreciation and understanding of those benefits — and much well-founded concern regarding privacy. Ethical and legal challenges inhibit access to network data or impede in vivo network experimentation for measurement and analysis, and generalize across familiar spaces such as on-line crime, computer systems security threats, and infrastructure vulnerabilities.

Other thoughts from the workshop on how to effectively balance network research utility and ethical obligations among various stakeholders:

  1. Network researchers pursuing scientific and intellectual freedom, and empirical knowledge that will inform business models and policies predicated on economic and usage patterns, security, and social behavior, etc.;
  2. Data subjects and owners seeking the benefits of technology advancement without having to surrender control of personal information or renounce liberties and freedom of on-line movement;
  3. Network/platform owners exercising their rights in a free market economy to create wealth and cultivate business and customer relationships; and,
  4. Collective right of network and data owners to build and enhance the networks within which norms, transactions and livelihoods are maturing.

Motivated to try to get ahead of the metaphorical Milgram experiment (not to be confused with his small world experiment; we’re actively trying to emulate that one in a future routing architecture) in the field of Internet research, this workshop was an initial step in that direction. I’d say we succeeded in raising the level of discourse surrounding the application of ethical principles to ICT network research and upon which specific rules may be formulated, criticized and interpreted. We’ll supplement the intellectual capital we produced with subsequent workshops, dialogue and research. The eventual outcome will be a formal report (I’ll codename it “Belmont Flux Report” just for the moment) designed to serve as guiding policy for stakeholders. Stay tuned.

Where you see risks, I see opportunity. — Alfred Blalock (performed first heart surgery, documented in Something the Lord Made).

Update: The first draft of the formal report is titled “The Menlo Report: Ethical Principles Guiding Information and Communication Technology Research

2 Responses to “What’s Belmont Got To Do With It?”

  1. David Emel Says:

    Brillient paper, and brave concepts. Thank you. Can you provide an update? Was the “Belmont Flux Report” finished or published somewhere?

    Good Luck.

  2. erin k Says:

    david-

    thanks for the interest. at long last, the first public draft is available at: http://www.cyber.st.dhs.gov/ (referred to as “The Menlo Report”)… this includes the Menlo Report and it’s Companion report. Note also that folks are invited to submit comments in the Federal Register about recommendations, etc. until the end of February, 2012 : http://federalregister.gov/a/2011-33231

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