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Ukraine, Digital Sanctions, and Double Effect: A Response

image of Putin profile, origami style

Kenneth Boyd recently wrote a piece on the Prindle Post on whether tech companies, in addition to governments, have an obligation to help Ukraine by way of sanctions. Various tech companies and media platforms, such as TikTok and Facebook, are ready sources of misinformation about the war. This calls into question whether imposing bans on such platforms would prove helpful to deter Putin by raising the costs of the invasion of Ukraine and silencing misinformation. It is no surprise, then, that the digital minister of Ukraine, Mykhailo Fedorov, has approached Apple, Google, Meta, Netflix, and YouTube to block Russia from their services in different capacities. These methods would undoubtedly be less effective than financial sanctions, but the question is an important one: Are tech companies permitted or obligated to intervene?

One of the arguments Kenneth entertains against this position is that there could be side effects on the citizens of Russia who do not support the attack on Ukraine. As such, there are bystanders for whom such a move to ban media platforms would cause damage (how will some people reach their loved ones?). While such sanctions are potentially helpful in the larger picture of deterring Putin from continuing acts of aggression, is the potential cost morally acceptable in this scenario? The answer, if no, is a mark against tech and media companies enacting such sanctions.

I want to make two points. First, this question of permissible costs is equally applicable to any government deciding to put sanctions on Russia. When the EU, Canada, U.K., and the U.S. put economic sanctions on Russia’s central bank and involvement in Swift, for instance, this effectively caused a cash run and is likely the beginning of an inflation issue for Russians. This affects all in Russia, spanning from those in the government to the ‘mere civilians,’ including those protesting. As such, this cost must be addressed in the moral deliberation to execute such an act.

Second, the Doctrine of Double Effect (DDE) helps us see why unintentionally harming bystanders is morally permissible in this scenario (Not, mind you, in the case of innocent bystanders in Ukraine). So long as non-governmental institutions are the kind of entities morally permitted or obligated to respond (a question worth discussing, which Kenneth also raises), DDE applies equally to both the types of institutions in imposing sanctions with possible side effects.

What does the Doctrine of Double Effect maintain? The bumper sticker version is the following from the BBC: “[I]f doing something morally good has a morally bad side-effect, it’s ethically OK to do it providing the bad side-effect wasn’t intended. This is true even if you foresaw that the bad effect would probably happen.”

The name, one might guess, addresses the two effects one action produces. This bumper sticker version has considerable appeal. For instance, killing in self-defense falls under this. DDE is also applicable to certain cases of administering medicine with harmful side effects and explains the difference between suicide and self-sacrifice.

A good litmus question is whether and when a medical doctor is permitted to administer a lethal dose of medicine. It depends on the intentions, of course, but the bumper sticker version doesn’t catch whether the patient must be mildly or severely ill, whether there are other available options, etc.

The examples and litmus question should prime the intuitions for this doctrine. The full version of DDE (which the criterion below roughly follows) maintains that an agent may intentionally perform an action that will bring about an evil side effect(s) so long as the following conditions are simultaneously and entirely satisfied:

  1. The action performed must in itself be morally good or neutral;
  2. The good action and effect(s), and not the evil effect, are intended;
  3. The evil effect cannot be the means to achieve the good effect — the good must be achieved as directly (or more directly) than the evil;
  4. There must be a proportionality between the good and the evil, in which the evil is lesser than or equal to the good, which serves as a good reason for the act in question.

One can easily see how this applies to killing in self-defense. While impermissible to kill someone in cold blood or even kill someone who is plotting your own death, it is morally permissible to kill someone in self-defense. This is the case even if one foresees that the act of defense will require lethal effort.

As is evident, DDE does not justify the death of individuals in Ukraine who are unintentionally killed (say, in a bombing). For the very act of untempered aggression is an immoral act and fails to meet the criterion.

Now, apply this criterion to the question of tech companies who may impose sanctions to achieve a certain good and with it, an evil.

What are the relevant goods and evils? In this case, the good is at least that of deterring Putin from further aggression and stopping misinformation. The bad is the consequences upon locals. For instance, the anti-war protestors in Russia who are communicating their situation, and perhaps the individuals who use these media outlets to secure communication with loved ones.

This type of act hits all four marks: the action is neutral, the good effects are the ones intended (presumably this is the case), the evil effects are not the means of achieving this outcome and are no more direct than the good effects, and the good far outweighs the evil caused by this.

That the evil is equal to or less than the good achieved in this scenario might not seem apparent. But consider how the civilians have other means of reaching loved ones, and how news reporters (not only TikTok and Facebook) are still prominent ways to communicate information. These are both goods. And thankfully, they would not be entirely lost because of such potential sanctions.

As should be clear, the potential bad side effects are not a good reason to refrain from imposing media and tech sanctions on Russia. This is not to say that it is therefore a good reason to impose sanctions. All we have done in this case is see how the respective side effects are not sufficient to deter sanctions and how the action meets all four criteria. And this shows that it is morally permissible.

Russia, Ukraine, and Digital Sanctions

image of Putin profile, origami style

Russian aggression towards Ukraine has prompted many responses across the world, with a number of countries imposing (or at least considering imposing) sanctions against Russia. In the U.S., Joe Biden recently announced a set of financial sanctions that would cut off Russian transactions with U.S. banks, and restrict Russian access to components used in high tech devices and weapons. In Canada, Justin Trudeau also announced various sanctions against Russia, and many Canadian liquor stores stopped selling Russian vodka. While some of these measures will likely be more effective than others – not having access to U.S. banks probably stings a bit more than losing the business of the Newfoundland and Labrador Liquor Corporation – there is good reason for governments to impose sanctions as a way to attempt to deter further aggression from Russia.

It is debatable whether the imposition of sanctions by governments is enough (for example, providing aid to Ukraine in some form also seems like something that governments should do), but it certainly seems like something that they should do. If we accept the view that powerful governments have at least some moral obligation to help keep the peace, then sanctioning Russia is something such governments ought to do.

What about corporations? Do they have any such obligations? Companies are certainly within their rights to stop doing business with Russia, or to cut off services they would normally supply, if they see fit. But do the moral obligations that apply to governments apply to private businesses, as well?

Ukraine’s digital minister Mykhailo Fedorov may think that they do. He recently asked Apple CEO Tim Cook to stop supplying Apple products to Russia, and to cut off Russian access to the app store. “We need your support,” wrote Fedorov, “in 2022, modern technology is perhaps the best answer to the tanks, multiple rocket launchers … and missiles.” Fedorov asked Meta, Google, and Netflix to also stop providing services to Russia, and to ask that Google block YouTube channels that promote Russian propaganda.

It is not surprising why Fedorov singled out tech companies. It has been well-documented that Facebook and YouTube have been major sources of misinformation in the past, and the current conflict between Russian and Ukraine is no exception. There has been a lot said already about how tech companies have obligations to attempt to stem the flow of misinformation on their respective platforms, and in this sense, they clearly have obligations towards Ukraine to make sure that their inactions do not contribute to the proliferation of damaging information.

It is a separate question, though, as to whether a company like Apple ought to suspend its service in Russia as a form of sanction. We can consider arguments on either side.

Consider first an argument in favor: like a lot of other places in the world, many people in Russia rely on the services of companies like Apple, Meta, and Google in their daily lives, as do members of Russia’s government and military. Cutting Russia off from these services would then be disruptive in ways that may be comparable to the sanctions imposed by the governments of other countries (and in some cases could very well be more disruptive). If these companies are in a position to help Ukraine by imposing such digital sanctions, then we might think they ought to.

Indeed, this kind of obligation may stem from a more general obligation to help victims of unjust aggression. For instance, I may have some such obligation: given that I am a moderately well-off Westerner with an interest in global justice, we might think that I should (say) avoid buying Russian products and give money to charities that aid the people of Ukraine. If I were in a position to make a more significant difference – say, if I were the CEO of a large company popular in Russia – we might then think that I should do more, in a way that is proportional to the power and influence I have.

However, we could also think of arguments opposed to the idea that tech companies have obligations to impose digital sanctions. For instance, we might think that corporations are not political entities, and thus have no special obligations when it comes to matters of global politics. This is perhaps a simplistic view of the relationship between corporations and governments; regardless, we still might think that corporations simply aren’t the kinds of things that stand in relationship to governments. These private entities don’t (or shouldn’t) have similar responsibilities to impose sanctions or otherwise help keep the peace.

One might also worry about the effect digital sanctions might have on Russian civilians. For example, lack of access to tech could have collateral damage in the form of preventing groups of protestors from communicating with one another, or from helping debunk propaganda or other forms of misinformation. While many forms of sanctions have indirect impacts on civilians, digital sanctions have immediate and direct impacts that one might think should be avoided.

While some tech companies have already begun taking actions to address misinformation from Russia, whether Fedorov’s request will be granted by tech giants like Apple remains to be seen.

Who’s to Blame?: Texting and Driving

In 2013, a crash due to a distracted driver, who was checking her iPhone, resulted in the death of two adults and the paralyzation of a child. That same year, 21% of car crashes were related to the use of a cell phone (handheld or hands-free), with 1.2 million crashes relating to talking on the phone and 341,000 or more due to texting. The family of the victims of the aforementioned crash is now suing Apple; a patent owned by Apple shows that they have the technology to prevent drivers from operating their phones, yet have made the decision not to implement the technology. In the case of this particular lawsuit, perhaps Apple cannot be at fault – the patent for the technology was filed in 2008 but only granted in 2014, and the crash in question occurred in 2013.

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Proprietary Tech’s Environmental Cost

Apple’s product design has always been known for a distinct minimalism. The oft-lauded aesthetic of the company’s products, guided by Chief Design Officer Jony Ive, has become a trademark of the company, birthing some of the world’s most recognizable tech products and influencing a generation of hardware design. The iPhone, a product defined by the clutter of features that its sleek design excludes, has often been the focal point of these efforts, representing Apple’s minimalistic aesthetic.

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Apple and the iPolice

A few months ago, the San Bernardino Shooting, the deadliest terror attack on American soil since 9/11, took place when Syed Rizwan Farook and his wife Tashfeen Malik burst into an office party at Farook’s job, armed with semi-automatic weapons and dressed in black ski masks and tactical gear. Sixty-five to seventy bullets ripped through the crowd, seriously injuring 22 civilians and leaving 14 dead. Before being killed in a shootout with the police, the couple posted a message to Facebook pledging allegiance to the Islamic State. In the suspects’ destroyed car, investigators found an iPhone belonging to Farook. The battle between the FBI and Apple over the decryption of this device has brought this incident back into the news.

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Forbidden Fruit: Apple, the FBI and Institutional Ethics

Your birthday, a pet’s name, or the nostalgia of a high school sports number; the composition of our iPhone password can seem so simple. But a recent case levied by the FBI against Apple has led to a conflict over the integrity of these passwords and sparked debate concerning privacy and security. A California court ordered Apple to produce a feature that would circumvent software preventing the FBI from accessing the phone of Syed Farook, who, along with his wife, committed the San Bernardino terrorist attacks. The couple died in a shootout following their heinous assault, and their electronics were seized by the FBI. They had smashed their cell phones and tampered with their laptop hard drive, but Farook’s work phone, an iPhone 5c, was found undamaged in his car.

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