14 Nw. J. Tech. & Intell. Prop. 139 (2016-2017)
Angel on Your Shoulder: Prompting Employees to Do the Right Thing through the Use of Wearables, The

handle is hein.journals/nwteintp14 and id is 81 raw text is: 

Copyright 2016 by Northwestern University Pritzker School of Law       Volume 14, Number 2 (2016)
Northwestern Journal of Technology and Intellectual Property

                   The Angel on Your Shoulder:

      Prompting Employees to Do the Right Thing

                  Through the Use of Wearables

   By Timothy L. Fort,* Anjanette H. Raymond * &            Scott J. Shackelford


      The wearable revolution is upon us. Bulky chest straps and large wristbands are
going the way offlip cellphones and floppy disks. In the near future, for example, it may
be commonplace for athletes to wear Biostamps or smart T-shirts with embedded sensors
during practices, games, and even sleep. And while athletic competitors may have been
one of the first movers in the area, health care, the military, and the industrial sector have
all begun to use wearables to harness vast treasure troves of information destined to
provide highly individualized feedback. The possibilities are almost endless when such
personal information is combined with big data analytics in the name of improving large-
scale efficiency.
      Interestingly, employers were one of the first movers in the wearable revolution. Yet,
other than basic tracking of people and goods, there is still a tremendous potential for
expansion. What i wearables could be harnessed to assist employees in avoiding conflict
of interests? Uhat ifwearables could assist employees in identifying ethical dilemmas and
could then prompt them to consider alternative courses of action? What if the wearable
evolution became an ethical revolution?
      But the drawbacks of using wearables in such a manner must also be critically
analyzed. This Article takes this step by exploring the use of wearables as personal
information gathering devices that feed into larger data sets. It then considers some of the
legal and policy implications of the use and aggregation of data in such a manner and
ultimately makes suggestions for bottom-up baseline regulation. Ultimately, we argue for
the desirability of leveraging this emerging technology, subject to privacy and security
safeguards, to help drive an ethical revolution in business cultures.

   * Eveleigh Professor of Business Law and Ethics, Indiana University.
   ** Assistant Professor of Business Law and Ethics, Indiana University; Adjunct Assistant Professor of
Law, Maurer School of Law, Indiana University; Visiting Fellow in International Commercial Law, Centre
for Commercial Law Studies, Queen Mary, University of London. The authors would like to thank the
participants at the research colloquium, Law and Ethics of Big Data, co-hosted by Indiana University and
Virginia Tech, is sponsored by the Center for Business Intelligence and Analytics in the Pamplin College of
Business, Virginia Tech, the Kelley School of Business at Indiana University and the Poynter Center for
the Study of Ethics and American Institution at Indiana University for their valuable assistance, comments
and feedback. All errors are those of the authors.
   *** Assistant Professor of Business Law and Ethics, Indiana University; Senior Fellow, Indiana
University Center for Applied Cybersecurity Research; W. Glenn Campbell and Rita Ricardo-Campbell
National Fellow, Stanford University Hoover Institution.

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