It had a high human component because it was humans making decisions in this process. In particular, there was the potential to cause maintainers personal embarrassment or professional censure by letting through a bugged patch. If the researchers even considered this possibility, I doubt the IRB would have approved this experimental protocol if laid out in those terms.
The only relevant question is: "Will the investigator use ... information ... obtained through ... manipulations of those individuals or their environment for research purposes?"
which could be idly thought of as "I'm just sending an email, what's wrong with that? That's not manipulating their environment".
But I feel they're wrong.
https://grants.nih.gov/policy/humansubjects/hs-decision.htm would seem to agree that it's non-exempt (i.e. potentially problematic) human research if "there will be an interaction with subjects for the collection of ... data (including ... observation of behaviour)" and there's not a well-worn path (survey/public observation only/academic setting/subject agrees to study) with additional criteria.
Besides, all we have to do is look at the outcome: Outrage on the part of the organization targeted, and a ban by that organization that will limit the researcher's institution from conducting certain types of research.
If this human-level harm was the actual outcome means the experiment was a de fact experiment including human subjects.
Not to excuse them at all, I think the results are entirely appropriate. What they're seeing is the immune system doing its job. Going easy on them just because they're a university would skew the results of the research, and we wouldn't want that.
One of the important rules you must agree to is that you cannot deceive anyone in any way, no matter how small, if you are going to claim that you are doing exempt research.
These researchers violated the rules of their IRB. Someone should contact their IRB and tell them.
If the IRB approved this as exempt and they had an accurate understanding of the experiment, it makes me question the IRB itself. Whether the researchers were dishonest with the IRB or the IRB approved this as exempt, it's outrageous.
I do recommend participating more in other threads and a little less in this thread, where you're repeating pretty much the same point over and over.
