Ethics and the LawEthics and the Law

EthicsEthicsEthicsEthics comes from a Greek word comes from a Greek word ethe’ethe’ which means character.which means character.A set of theories of value, virtue or of right A set of theories of value, virtue or of right actionactionA set of theories to provide general A set of theories to provide general rules/principles to be used in making rules/principles to be used in making moral decisionsmoral decisions– to provide justification for those rulesto provide justification for those rules

Every human action is judged to be Every human action is judged to be good/bad based on these theories good/bad based on these theories

What is Computer Ethics?What is Computer Ethics?

According to James H. Moore, who is According to James H. Moore, who is believed to have first coined the phrase believed to have first coined the phrase "computer ethics", computer ethics is "computer ethics", computer ethics is the analysis of the nature and social the analysis of the nature and social impact of computer technology and the impact of computer technology and the corresponding formulation and corresponding formulation and justification of policies for the ethical use justification of policies for the ethical use of such technologyof such technologyIt is a study, an analysis of the values of It is a study, an analysis of the values of human actions influenced by computer human actions influenced by computer technology.technology.

Computer influence on human Computer influence on human actions is widespread throughout the actions is widespread throughout the decision making process preceding decision making process preceding the action the action

Why study computer and Why study computer and information ethicsinformation ethics

Apply ethical point of view to real-Apply ethical point of view to real-world computing context world computing context

Identify and solve ethical problems in Identify and solve ethical problems in specific fields of computing specific fields of computing

Why You Should Study Computer Why You Should Study Computer

Ethics?Ethics?

Moore’s contention is that the central task of Moore’s contention is that the central task of computer ethics, in decision making processes computer ethics, in decision making processes that involve computer technology, should be that involve computer technology, should be to “determine what should be done” to “determine what should be done” whenever there is a policy vacuum.whenever there is a policy vacuum.

It is difficult to fully explain the cause of these It is difficult to fully explain the cause of these vacuums, but one can say that they are mainly vacuums, but one can say that they are mainly caused by the ‘confusion’ between the known caused by the ‘confusion’ between the known policies and what is presented.policies and what is presented.

So naturally one would come to a So naturally one would come to a conclusion that since we cannot stop conclusion that since we cannot stop computer technology which causes these computer technology which causes these muddles, we need a plan of action that will muddles, we need a plan of action that will work with the changing computing work with the changing computing technology and at the same time deal with technology and at the same time deal with the ethical issues that do arisethe ethical issues that do arise There are two schools of thought:There are two schools of thought:– One school, believes in the study of computer One school, believes in the study of computer

ethics as remedial moral educationethics as remedial moral education – The other school believes in computer ethics The other school believes in computer ethics

education not as a moral education but as a education not as a moral education but as a field worthy of study in its own rightfield worthy of study in its own right

Walter Maner explains the existence Walter Maner explains the existence of the two schools with the views of the two schools with the views that:that:– the involvement of computers in human the involvement of computers in human

conduct can create entirely new ethical conduct can create entirely new ethical issues, unique to computing, that do not issues, unique to computing, that do not surface in other areas.surface in other areas.

According to Maner, we should study Computer According to Maner, we should study Computer Ethics because:Ethics because:– doing so will make usdoing so will make us behave like responsible behave like responsible

professionalsprofessionals – doing so will teach us how to avoid computer doing so will teach us how to avoid computer

abuse andabuse and catastrophes catastrophes – the advance of computing technology will the advance of computing technology will

continue to create temporary policy vacuumscontinue to create temporary policy vacuums – the use of computingthe use of computing permanently transforms permanently transforms

certain ethical issues to the degree that their certain ethical issues to the degree that their alterations require independent studyalterations require independent study

– the use of computingthe use of computing technology creates, and technology creates, and will continue to create, novel ethical issues that will continue to create, novel ethical issues that require special study.require special study.

Anatomy of the ProblemAnatomy of the Problem

Recent terrorist attacks and the Recent terrorist attacks and the raise in cyber attacks have raise in cyber attacks have raised concern about the security raised concern about the security of information, security of of information, security of individuals, and a need to protect individuals, and a need to protect the nation’s cyber infrastructurethe nation’s cyber infrastructure

Will there ever be an end to Will there ever be an end to these?these?

Cyberspace infrastructure and Cyberspace infrastructure and communication protocols are communication protocols are inherently weakinherently weakTThe average user in cyberspace has he average user in cyberspace has very limited knowledge of the very limited knowledge of the computer network infrastructure, its computer network infrastructure, its weaknesses and gapping loopholes.weaknesses and gapping loopholes. Society, as a whole, is increasingly Society, as a whole, is increasingly becoming irreversibly dependent on becoming irreversibly dependent on an infrastructure and technology an infrastructure and technology that it least understands.that it least understands.                

There are no long-term, let alone There are no long-term, let alone immediate plans and mechanism in place immediate plans and mechanism in place or planned to educate the public.or planned to educate the public. There is a high degree of compliancy in a There is a high degree of compliancy in a society that still accords a "Wiz Kid" status society that still accords a "Wiz Kid" status to cyberspace vandalsto cyberspace vandals The only known remedy mechanisms and The only known remedy mechanisms and solutions to the problem are patching solutions to the problem are patching loopholes after an attack has occurred.loopholes after an attack has occurred.The price of this escalating problem is yet The price of this escalating problem is yet to be known.to be known.Reporting is voluntary, haphazard, and Reporting is voluntary, haphazard, and quite often at will.quite often at will.The nation is yet to understand the The nation is yet to understand the seriousness of cyber vandalism.seriousness of cyber vandalism.

What are the causes? What are the causes? Vendetta/Revenge Vendetta/Revenge

Demonstrations at World Trade Demonstrations at World Trade Organization (WTO) in Seattle, Washington, Organization (WTO) in Seattle, Washington, the World Bank and the International the World Bank and the International Monetary Fund in Washington, D.C., Prague, Monetary Fund in Washington, D.C., Prague, Hungry, and Geneo Italy – against Hungry, and Geneo Italy – against globalization.globalization.

Joke/Hoax/Prank Joke/Hoax/Prank The Hacker's Ethics The Hacker's Ethics

All information should be free All information should be free Terrorism Terrorism Political and Military Espionage Political and Military Espionage Business ( Competition) Espionage Business ( Competition) Espionage Hate (national origin, gender, and race) Hate (national origin, gender, and race) Personal gain/Fame/Fun/Notoriety Personal gain/Fame/Fun/Notoriety Ignorance Ignorance

Challenges in Tracking Cyber Challenges in Tracking Cyber Criminals Criminals Nearly in all countries there is no required Nearly in all countries there is no required reporting mechanism in government reporting mechanism in government agencies, even the private sector, to detect agencies, even the private sector, to detect intrusions and report such intrusionsintrusions and report such intrusionsIn the private sector, there is very little In the private sector, there is very little interest in reporting of any system related interest in reporting of any system related intrusions. This is a result of the fear of intrusions. This is a result of the fear of marketplace forces that would expose marketplace forces that would expose management’s weaknesses to the management’s weaknesses to the shareholder community and competitors. shareholder community and competitors.

There is no adequate enforcement There is no adequate enforcement of existing reporting mechanismsof existing reporting mechanisms

The insider effect, it is reported in The insider effect, it is reported in some studies that most e-attacks some studies that most e-attacks are generated and started by inside are generated and started by inside employees. This makes the job of employees. This makes the job of detection and reporting very murky. detection and reporting very murky. It is like having an arsonist working It is like having an arsonist working in the fire departmentin the fire department

Many nations have no required and Many nations have no required and trained security agencies to fight trained security agencies to fight e-attacks.e-attacks.

Social and Ethical Social and Ethical ConsequencesConsequences

PPsychological effects – these include hate and sychological effects – these include hate and joke especially on an individual.joke especially on an individual.– may lead to individual reclusion, may lead to individual reclusion, – increasing isolation, and such trends may increasing isolation, and such trends may

lead to dangerous and costly repercussions on lead to dangerous and costly repercussions on the individual, corporations and society as a the individual, corporations and society as a whole.whole.

Moral decay – There is a moral imperative in all Moral decay – There is a moral imperative in all our actions. When human actions, whether bad our actions. When human actions, whether bad or good, become so frequent, they create a level or good, become so frequent, they create a level of familiarity that leads to acceptance as of familiarity that leads to acceptance as “normal”. This type of acceptance of actions “normal”. This type of acceptance of actions formerly viewed as immoral and bad by society formerly viewed as immoral and bad by society lead to moral decay. lead to moral decay.

LLoss of privacy – After an attack, there is usually oss of privacy – After an attack, there is usually an over reaction and a resurgence in the need for an over reaction and a resurgence in the need for quick solutions to the problem that seems to quick solutions to the problem that seems to have hit home. Many businesses are responding have hit home. Many businesses are responding with patches, filters, ID tools, and a whole list of with patches, filters, ID tools, and a whole list of “solutions”.“solutions”.

profile scanners and straight email scanners profile scanners and straight email scanners like like EchlonEchlon. Echlon is a high-tech U.S. . Echlon is a high-tech U.S. government spying software housed in government spying software housed in England. It is capable of scanning millions of England. It is capable of scanning millions of emails given specific keywords. emails given specific keywords. Tracking technology to lead to virus writers.Tracking technology to lead to virus writers.

Trust – Along with privacy lost, is trust lost. Trust – Along with privacy lost, is trust lost. Individuals once attacked, lose trust in a person, Individuals once attacked, lose trust in a person, group, company or anything else believed to be group, company or anything else believed to be the source of the attack or believed to be unable the source of the attack or believed to be unable to stop the attack. to stop the attack.

LawLaw

Rules of conduct or actions Rules of conduct or actions recognized by customs or decreed by recognized by customs or decreed by a formal body and enforceable by a formal body and enforceable by some instrument. some instrument.

We obey two types of laws: Natural We obey two types of laws: Natural and Conventional and Conventional

Natural LawNatural Law Unwritten but universalUnwritten but universal consists of rights:consists of rights:– Self-defense (preservation)Self-defense (preservation)– Individual propertyIndividual property– LibertyLiberty

It is a higher form of human law, therefore, It is a higher form of human law, therefore, independent of human preferences and independent of human preferences and applies to all rational creatures of natureapplies to all rational creatures of natureBefore organized human societies, humans Before organized human societies, humans existed because of natural law. existed because of natural law. Civilization is based on it.Civilization is based on it.

Conventional LawConventional Law

It is a system of rules created by and for It is a system of rules created by and for human beings – through, though not human beings – through, though not always, public deliberationsalways, public deliberationsIt varies from society to societyIt varies from society to societyIts purpose is to:Its purpose is to:– Protect human life, property and liberty.Protect human life, property and liberty.– prescribe a system or punishments for unlawful prescribe a system or punishments for unlawful

acts – Penal Codeacts – Penal Code

Law and EthicsLaw and EthicsMost laws are derived from moral codesMost laws are derived from moral codesThough law often embodies ethical principals, law Though law often embodies ethical principals, law and ethics are far from co-extensive. and ethics are far from co-extensive. There are many acts that would be widely There are many acts that would be widely condemned as unethical but are not prohibited by condemned as unethical but are not prohibited by law, that is there are not illegal-- lying or law, that is there are not illegal-- lying or betraying the confidence of a friend, for example. betraying the confidence of a friend, for example. There are also many acts that are considered There are also many acts that are considered illegal but ethical.illegal but ethical.– In much that the law does it is not simply codifying In much that the law does it is not simply codifying

ethical norms. ethical norms.

WHAT CONSTITUTES A COMPUTER CRIME?

The United States Department of Justice states that computer crime is any illegal act for which– knowledge of computer technology is

essential for either its perpetration, investigation, or prosecution. ( Of course, this presupposes knowledge of whether or not an act is illegal).

CODES OF ETHICSCodes of ethics establish broad rules of

conduct for a profession and its members, and thus can be differentiated from an individual moral code which governs particular decisions in both private and professional life.

Codes of ethical conduct for the professional and moral decisions for the individual overlap with legal requirements but are distinct from them.

 

Codes of Ethics and LawCodes of Ethics and LawLegal provisions and professional codes of Legal provisions and professional codes of ethics are often in agreement--that is, ethics are often in agreement--that is, professional conduct is usually both legal professional conduct is usually both legal and ethical, or occasionally both illegal and ethical, or occasionally both illegal and unethical. and unethical. Sometimes, however, the two may not Sometimes, however, the two may not clearly coincide and the resulting conflict clearly coincide and the resulting conflict may pose some real dilemmas for the may pose some real dilemmas for the professional. professional. Professional conduct may be unethical and Professional conduct may be unethical and yet remain legal; in some instances yet remain legal; in some instances conduct may be illegal and yet still be conduct may be illegal and yet still be ethical. ethical. A simple topology will illustrate the A simple topology will illustrate the relation between law and ethics.relation between law and ethics.

Computer Laws: FederalComputer Laws: Federal

Computer Laws: StatesComputer Laws: States

Computer Crime LawsComputer Crime Lawsby State - by State - http://nsi.org/Library/Compsec/cohttp://nsi.org/Library/Compsec/computerlaw/statelaws.htmlmputerlaw/statelaws.html