Posted 2008-April-16, 14:43
First, there's nothing unethical about passing UI. While you should try to avoid it, sometimes it's unavoidable. The ethical problem is in USING UI.
Second, it's true that you can pass UI by not asking a question. Just as asking a question and then passing suggests that you have a hand type that would have bid if the answer were different, passing without asking suggests you have a hand type that would pass regardless of the answer. What I think the people who say that little UI is passed by not asking are actually reacting to is the fact that the UI from questioning is often more specific than the UI from not questioning. E.g. if you ask about a ♣ bid, it suggests interest in ♣, i.e. one specific suit; not asking suggests that you either don't have interest in any suit, or that you have interest in one of the other 3 suits. Partner is unlikely to be able to make use of such vague UI, so in practice it can usually be ignored.
This is somewhat similar to the distinction between a hesitation followed by a pass and a hesitation followed by a bid. In the first case, the hesitation suggests a maximum -- what else could he have been thinking of other than bidding some more? The second case is much less specific -- he could have been thinking about a stronger bid, or he could have been thinking about passing; he's probably not in the mid-range for his bid, but you can't tell which end he's at, so your actions are not constrained by the UI.