Without a legal or moral framework that protects civil liberties, individual actors won't make consistently ethical choices because there is no penalty for making an unethical choice and no common understanding of what is or isn't ethical.

If you ask a CPA or Attorney to do something contrary to their professional code of ethics, they will typically tell you "no" -- their livelihood is at stake.

The grey areas in IT are much broader and more situational. Is pervasive surveillance to protect citizens from terrorists unethical? Is it unethical to automatically police jaywalking? Is it unethical for me to use facial recognition to identify people approaching my home? There is no right answer to these questions.