Sensory-based hacking and consent

Suppose human beings are deterministic systems.

Then quite likely there are many cases where the complex play of associations combined with a specific sensory input deterministically results in a behavior in a way where the connection to the input doesn’t make rational sense. Perhaps I offer you a business deal, and you are determined to accept the deal when I wear a specific color of shirt because that shirt unconsciously reminds you of an excellent and now deceased business partner you once had, while you have found the deal dubious if I wore any other color. Or, worse, I am determined to reject a deal offered by some person under some circumstances where the difference-maker is that the person is a member of a group I have an implicit and irrational bias against. Or perhaps I accept the deal precisely because I am well fed.

If this is true, then we are subject to sensory-based hacking: by manipulating our sensory inputs, we can be determined to engage in specific behaviors that we wouldn’t have engaged in were those sensory inputs somewhat different in a way that has no rational connection with the justification of the behavior.

Question: Suppose a person consents to something (e.g., a contract or a medical procedure) due to deliberate deterministic sensory-based hacking, but otherwise all the conditions for valid consent are satisfied. Is that consent valid?

It is tempting to answer in the negative. But if one answers in the negative, then quite a lot of our consent is in question. For even if we are not victims of deliberate sensory-based hacking, we are likely often impacted by random environmental sensory-based hacking—people around us wear certain colors of shirts or have certain shades of skin. So the question of whether determinism is true impacts first-order questions about the validity of our consents.

Perhaps we should distinguish three kinds of cases of consent. First, we have cases where one gives consent in a way that is rational given the reasons available to one. Second, we have cases where one gives consent in a way that is not rational but not irrational. Third, we have cases of irrational consent.

In cases where the consent is rational, perhaps it doesn’t matter much that we were subject to sensory-based hacking.

In cases where the consent is neither rational nor irrational, however, it seems that the consent may be undermined by the hacking.

In cases where the consent is irrational, one might worry that the irrationality undercuts validity of consent anyway. But that’s not in general true. It may be irrational to want to have a very painful surgery that extends one’s life by a day, but the consent is not invalidated by the irrationality. And in cases where one irrationally gives consent it seems even more plausible that sensory-based hacking undercuts the consent.

I wonder how much difference determinism makes to the above. I think it makes at least some difference.