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Modeling Ethics: Approaches to Data Creep in Higher Education

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Abstract

Though rapid collection of big data is ubiquitous across domains, from industry settings to academic contexts, the ethics of big data collection and research are contested. A nexus of data ethics issues is the concept of creep, or repurposing of data for other applications or research beyond the conditions of original collection. Data creep has proven controversial and has prompted concerns about the scope of ethical oversight. Institutional review boards offer little guidance regarding big data, and problematic research can still meet ethical standards. While ethics seem concrete through institutional deployment, I frame ethics as produced. Informed by my ethnographic research at a large public university in the U.S., I explore ethics through two models: ethics as institutional procedures and ethics as acts and intentions. The university where I conducted fieldwork is the development grounds for a predictive model that uses student data to anticipate academic success. While students consent to data collection, the circumstances of consent and the degree to which they are informed are not so apparent, as many data are a product of creep. Drawing from interviews and participant observation with administrators, data scientists, developers, and students, I examine data ethics, from a larger institutional model to everyday enactments related to data creep. After demonstrating the limits of such models, I propose a remodeling of ethics that draws on recent works on data, justice, and refusal to pose generative questions for rethinking ethics in institutional contexts.

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Notes

  1. Derived from “function creep.” Notably, Koops (2021) has described function creep as a “pejorative” term for innovation.

  2. Nudge, a concept developed by Thaler and Sunstein (2008), indicates an intervention that “nudges” people into certain choices. See also Knox et al. (2020), Yeung (2017), and Author (2020).

  3. The academic and industry divide is often not a firm line (boyd, 2016; see also Moats & Seaver, 2019), and this is especially evident in data analytics in higher education, where many projects are regarded as educational research exempt from review (Willis et al., 2016).

  4. Much of this research is on “learning analytics,” which encompasses a broad range of analytics projects including predictive tools, in-classroom analytics, and pedagogical interventions. The specific ethnographic context I discuss is less focused on learning, and so “data analytics” or “predictive analytics” is more descriptive of my participants’ work.

  5. The flexibility of “models” and “modeling” is evident in existing scholarship on science, technology, and ethics, and my employment of these terms follows from such work. For example, Reardon et al. (2015) use “modeling” and “models” to discuss their efforts to create space and collective interventions on issues of science and justice, Moss and Metcalf (2020) report on ethics models, and in talks Hoffmann (2020) has also discussed “models” more expansively than I do here to further complicate notions of models and modeling. I have also used "modeled" to describe the formation of certain kinds of predicted subjects in data analytics work (see Whitman 2020b).

  6. Here I mean justice in data collection and usage (such as Dencik et al., 2016) more so than justice-oriented approaches to data that are concerned with the rule of law or the use of data for social justice (see for example Taylor, 2017; Jasanoff, 2017).

  7. This is a reference to governance in George Orwell’s 1984 and extensive surveillance in everyday life.

  8. The Feminist Data Manifest-No references how Indigenous, Black, Latinx, and queer scholars, among others, have discussed refusal. The concept of refusal is well laid out; see, for example, Simpson (2007, 2017), TallBear (2013), Ahmed (2017).

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Acknowledgements

I wish to thank the topical collection editors, Nina Frahm and Kasper Schiølin, for their feedback on this manuscript at various stages, and a special thanks to Nina in particular for her input on revisions. Geneva Smith provided early helpful commentary on an initial draft. Members of the Science, Knowledge, and Technology working group at Columbia University generously gave constructive feedback; thank you to Gil Eyal, Diane Vaughan, Josh Whitford, Joonwoo Son, Larry Au, Ari Galper, and Maïlys Gantois. My thinking about ethics and justice has been influenced by conversations with Kendall Roark while working with her on research supported by a Purdue Mellon Global Grand Challenges Grant for Big Data Ethics. Finally, I also want to thank the three anonymous reviewers for their deep readings and critique, which were tremendously useful in improving the manuscript.

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This work was supported by a Purdue Research Foundation Research Grant.

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Correspondence to Madisson Whitman.

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This study was approved by the Institutional Review Board at Purdue University. Informed consent was obtained from all participants in the study.

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Whitman, M. Modeling Ethics: Approaches to Data Creep in Higher Education. Sci Eng Ethics 27, 71 (2021). https://doi.org/10.1007/s11948-021-00346-1

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