These are both interesting questions.
I personally think that by the time we get to any kind of civil trial or law enforcement are required to be brought in, we have already failed as 'ethical' developers.
As we build our products and services, one of the constant questions that we should be asking is "what are the implications of this". I think to some extent we already do this quite well (certainly we consider the implications of design on a product's performance, we just need to think about the human implications too)!
This is why I mention the possibility that "we could (and possibly should) regulate this to allow ethical concerns to be raised without causing undue stress and worry" - ethical bodies might prevent us from needing to escalate these issues higher!
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