Also, IRB review is only for research funded by the federal government. If you’re testing your kid’s math abilities, you’re doing an experiment on humans, and you’re entirely responsible for determining whether this is ethical or not, and without the aid of an IRB as a second opinion.

Even then, successfully getting through the IRB process doesn’t guarantee that your study is ethical, only that it isn’t egregiously unethical. I suspect that if this researcher got IRB approval, then the IRB didn’t realize that these patches could end up in a released kernel. This would adversely affect the users of billions of Linux machines world–wide. Wasting half an hour of a reviewer’s time is not a concern by comparison.

Usually when an organization is pen-tested it consented to being pen-tested (likely even requesting it).

Here there were no contact with the Linux foundation to gain consent for the experiment.