[dekhn]

rather than arguing about the technical details of the law, let me just clarify: IRBs would actively reject a request to review this. It's not in their (perceived) purview.

It's not worth arguing about this; if you care, you can try to change the law. In the meantime, IRBs will do what IRBs do.

[shkkmo]

If the law, as written, does actually classify this as human research, it seems like the correct response is to sue the University for damages under that law.

Since IRBs exist to minimize liability, it seems like that would be that fastest route towards change (assuming you have legal standing )

[dekhn]

Woah woah woah, no need to whip out the litigation here. You could try that, but I am fairly certain you would be unsuccessful. You would be thrown out with "this does not qualify under the law" before it made it to court and it wouldn't have much bearing except to bolster the university.

[thu2111]

It obviously qualifies and the guy just quoted the law at you to prove it.

Frankly universities and academics need to be taken to court far more often. Our society routinely turns a blind eye to all sorts of fraudulent and unethical practices inside academia and it has to stop.