|
| |
140 Village Shopping Center
Westminster, MD 21157 (410)- 848-7100
Laws
-
As computer professionals, we can take
the position that we are responsible for developing good systems that
satisfy the needs of their users
-
Or we can take the position that the
use of computers is the responsibility of the users themselves, and that, as
computer professionals, we should support them in developing their
competence so that they can make their own choices
Piracy
-
Of all the ways to misuse
computers and related products, piracy is the most rampant because it is
easy to do
-
Essentially, piracy
is the unlawful use of copyrighted material
-
In the realm of computers, any
time a person uses unlicensed copies of programs, he or she violates the
law
-
Many instances of piracy occur
in the business world, such as when a company purchases just one copy of
a program and installs it on all its computers
-
Users should be aware of two
things:
-
the legal ramifications and
the high cost of piracy—both to themselves, if convicted, and to
consumers
-
Copyright law is based on
Article 1, Section 8 of the U.S. Constitution, which grants creators
of works the "exclusive Right to their respective Writings and
Discoveries.
-
" Under the law, then,
whoever holds the copyright on software controls how, when, and
under what circumstances others can use, distribute, and copy
their product
For a primer on copyright
law and fair use
(the provisions that allow limited copying of copyrighted material
without permission), go to the Copyright & Fair Use site
http://fairuse.stanford.edu
To separate fact from
fiction, visit the Computer Virus Myth site
http://kumite.com/myths
Protecting
children online
Visit the Kidz Privacy Web
site
http://www.ftc.gov/kidzprivacy
-
It is sponsored by the Federal
Trade Commission and helps explain the laws regarding your protection
rights for children online
-
The act requires Web site operators to obtain
permission from parents of children who are less than 13 years old to
collect personal information from the kids
-
In addition, the parents have control over whether
the Web site can disclose that information to third parties.
Ethics
Standards of Practice
-
Technology gets integrated into everyday
human activities and into social institutions, changing the very meaning of
fundamental concepts, such as "money", "education", "work", and "fair
elections"
-
Computer ethics identifies and
analyzes the impacts of information technology upon human values like
health, wealth, opportunity, freedom, democracy, knowledge, privacy,
security, self-fulfillment, and so on [Moor, 1985]
Codes of Conduct
-
In the United States, ACM has had
its official code of professional conduct since 1972; IEEE has adopted a
code of ethics; and the Data Processing Management Association also has a
code of ethics
-
The ACM uses the following ethics code
to discern its members ideas of conduct and are as follows:
2. More Specific Professional
Responsibilities
-
2.1 Strive to achieve
the highest quality, effectiveness and dignity in both the
process and products of professional work. (4)
-
2.2 Acquire and
maintain professional competence. (2)
-
2.3 Know and respect
existing laws pertaining to professional work.
-
2.4 Accept and provide
appropriate professional review.
-
2.5 Give comprehensive
and thorough evaluations of computer systems and their impacts,
including analysis of possible risks.
-
2.6 Honor contracts,
agreements, and assigned responsibilities. (3)
-
2.7 Improve public
understanding of computing and its consequences.
-
2.8 Access computing
and communication resources only when authorized to do so.
3. Organizational Leadership
Imperatives
-
3.1 Articulate social
responsibilities of members of an organizational unit and
encourage full acceptance of those responsibilities.
-
3.2 Manage personnel
and resources to design and build information systems that
enhance the quality of working life.
-
3.3 Acknowledge and
support proper and authorized uses of an organization's
computing and communication resources.
-
3.4 Ensure that users
and those who will be affected by a system have their needs
clearly articulated during the assessment and design of
requirements. Later the system must be validated to meet
requirements.
-
3.5 Articulate and
support policies that protect the dignity of users and others
affected by a computing system.
-
3.6 Create
opportunities for members of the organization to learn the
principles and limitations of computer systems.
4. Compliance with the Code
Aspects of Computer
Law
Computer Crime
-
In this era of computer
"viruses" and international spying by "hackers" who are thousands of
miles away, it is clear that computer security is a topic of concern
in the field of Computer Ethics. The problem is not so much the
physical security of the hardware (protecting it from theft, fire,
flood, etc.), but rather "logical security", which Spafford, Heaphy
and Ferbrache [Spafford, et al, 1989] divide into five aspects:
- Privacy and
confidentiality
- Integrity --
assuring that data and programs are not modified without proper
authority
- Unimpaired service
- Consistency --
ensuring that the data and behavior we see today will be the
same tomorrow
- Controlling access
to resources
Malicious kinds of
software, or "programmed threats", provide a significant challenge
to computer security
- These include
"viruses", which cannot run on their own, but rather are
inserted into other computer programs; "worms" which can move
from machine to machine across networks, and may have parts of
themselves running on different machines;
- "Trojan horses"
which appear to be one sort of program, but actually are doing
damage behind the scenes;
- "Logic bombs" which
check for particular conditions and then execute when those
conditions arise;
- "Bacteria" or
"rabbits" which multiply rapidly and fill up the computer's
memory.
Computer crimes, such as
embezzlement or planting of logic bombs, are normally committed by
trusted personnel who have permission to use the computer system.
Computer security, therefore, must also be concerned with the
actions of trusted computer users.
Another major risk to computer security is the
so-called "hacker"
- Hackers break into
someone's computer system without permission
- Some hackers
intentionally steal data or commit vandalism, while others merely
"explore" the system to see how it works and what files it contains
- These "explorers"
often claim to be benevolent defenders of freedom and fighters
against rip-offs by major corporations or spying by government
agents
These self-appointed vigilantes
of cyberspace say they do no harm, and claim to be helpful to society by
exposing security risks
Public Policy
Organizations Interested in Internet Governance
Corporate Ethics
Why does this concern the board?
Directors are essentially
‘guardians’ of a firm, charged with overseeing management to ensure that
a firm’s business is conducted with a sound strategy and prudence. More
than just maximizing return on investment, good governance demands that
directors do everything in their power to protect shareholders’ assets.
Assuring the management of ethics is
an important function of the board for the following reasons:
-
The board is ultimately
accountable for corruption or impropriety in a company. Chairs have
been asked to resign as a result of staff indiscretions. Some have been
fined or imprisoned for their complicity in approving policies that
encouraged misconduct.
-
Research indicates that corporate
systems (e.g., incentive systems, hierarchies, and so on) often breed
misconduct. Messages implied by the board’s decisions on resource
allocation, performance targets or promotions will always trump official
statements of ethical values.
-
Generally, staff know more than
auditors about what is really going on. Yet most corporate
whistleblowers are given little or no protection if they choose to
challenge dishonest management. For this and other good reasons, it’s
unlikely that a staff member would ever approach the board directly with
an ethical concern about senior management, compromising the board’s
ability to ‘supervise’ management.
-
Many CEOs complain that they are
prevented from managing ethics because of other business pressures. The
board is in a key position to influence these ‘pressures.’
As a steward of the company’s interests,
the board should insist upon the establishment of systems and structures
designed to reduce ‘agency risks’ and nip problems in the bud!
Directors have a responsibility to
pursue corporate ethics ‘below the surface.’
A reasonable CEO should understand
this!
With regard to ethics management, ask these
questions:
-
Question #3:
Are people in our firm equipped to recognize and resolve moral dilemmas?
-
Can the employees recognize
ethical issues as they arise? An ethical problem can’t be resolved
unless it’s first acknowledged as a dilemma.
-
Ethical issues can
build slowly like the ‘thin edge of a wedge’ or pass by so
quickly that they are only seen in hindsight.
-
What guidance does your
company provide for employees who face ethical dilemmas?
-
As well, employees come
from diverse cultural backgrounds, each with their own moral
standards. (For a multicultural ‘dilemma detector’ see the paper
A Framework for Universal Principles of Ethics.)
-
Question #4:
Are people in our organization provided with a safe opportunity to
discuss ethical issues of concern?
-
A 1992 survey of over 4,000
U.S. workers found nearly one third felt pressured by their
companies to violate official policies in order to achieve business
success.
-
Another third said that they
had witnessed violations of ethics policies (such as stealing, lying
to supervisors and falsifying records) but only half of these were
willing to ‘blow the whistle.’
-
Conspiracies of silence
place a company at significant risk, yet they are surprisingly
commonplace and reasonably predictable.
-
Boards need to be
satisfied that an effective reporting mechanism is in place to
hold management and staff accountable, and bring wrongdoing to
light before too much damage is done.
-
What policies and systems are
in place to protect ‘whistle blowers’?
-
Does your company have
an Ombudsman, an Ethics Officer, or a Hot Line? (Human Resource
departments don’t count, and neither do so-called ‘open door’
policies or ‘progressive managers.’ It has to be safer than
that, and less subject to hierarchical influence.)
-
Question #5:
Do we reward or punish ethical integrity and moral courage if it has
a negative impact on the bottom line?
-
A 1990 study by Columbia
University found that nearly half of 1,000 business executives
surveyed admitted being rewarded for taking action on the job that
they considered unethical.
-
An overemphasis on immediate
gains can cascade down the organization, sending a strongly implied
message to staff that cutting corners and generating cash flow
supercedes all other objectives, including personal integrity.
-
Conveyed through subtle
means, this message will always carry more weight than official
proclamations of values, codes of ethics, and so on.
-
Consider what happens to
someone in your firm when they stand up for ethical principles
against the pressure of other business objectives.
-
How do the rewards compare to
the possible incentives for unethical action?
How did each play out?
Computing Psychology &
Sociology
Conclusion
An analysis of the new ACM code of ethics,
distinguishing between its roles as professionalization strategy, ethical
position, and computing methodology, will be complex and involve the very basis
and identity of our profession. The purpose of this paper has been to raise some
fundamental questions that a debate on ethics for computer professionals must
address. Examples of such questions are:
-
(1) What is the role of codes of ethics and
professional conduct in professionalizing our field and how do they relate
to other strategies for professionalization?
-
(2) To what extent and how should we develop the
independent professional status of our profession? To what extent and how
should we develop relations and dependencies to other professions, people in
general, and society at large?
-
(3) What are the ethical roles of individuals and
institutions or, to phrase it differently, what is the relation between
politics and ethics in computing?
-
(4) Should we restrict our professional ethical
concerns to general issues, or should we strive to be specific and provide
guidelines to support practical use of ethical rules?
References
-
ACM (1992) ACM Code
of Ethics and Professional Conduct (Draft, February 12, 1992), CACM,
Vol. 35, No. 5.
-
Anderson, R. E. et
al. (1993) Using the New ACM Code of Ethics in Decision Making, CACM,
Vol. 36, No. 2.
-
Bergin, T. J. (1991)
Teaching Ethics, Teaching Ethically, Computers & Society, Vol. 21,
Nos. 2, 3 and 4.
-
Cameron, J. et al.
(1992) Ethics, Vulnerability and Information Technology, in R. Alken (ed.)
Education and Society, North-Holland, Amsterdam.
-
Dahlbom, B. &
Mathiassen, L. (1993) Computers in Context. The Philosophy and Practice
of Systems Design, Blackwell, Cambridge, MA.
-
Dejoie, R., Fowler,
G. & Paradice, D. (1991) Ethical Issues in Information Systems: A Book of
Readings, Southwestern Publishing, Cincinnati, OH.
-
Erman, M. D.,
Williams, M. B. & Gutierrez, C. (eds) (1990) Computer Ethics & Society,
Oxford University Press, New York.
-
Forester, T. &
Morrison, P. (1990) Computer Ethics. Cautionary Tales and Ethical
Dilemmas in Computing, MIT Press, Cambridge, MA.
-
Holvast, J. (1992),
Codes of Ethics: Discussion Paper, in J. Berleur & J. Holvast, Letter of
the Editors to the IFIP Community, IFIP, 1992.
-
Johnson, D. G. (1985)
Computer Ethics, Prentice-Hall, Englewood Cliffs, NJ.
-
Johnson, D. G. &
Snapper, J. W. (eds) (1985) Ethical Issues in the Use of Computers,
Wadsworth, Belmont, CA.
-
Martin, C. D. &
Martin, D. H. (1990) Professional Codes of Conduct and Computer Ethics
Education, Computers & Society, Vol. 20, No. 2.
-
Parker, D. B., Swope,
S. & Baker, B. N. (1990) Ethical conflicts in Information and Computer
Science, Technology and Business, Q.E.D. Information Sciences,
Wellesley, MA.
-
Rawls, J. (1971) A
Theory of Justice, Harvard University Press, Cambridge, MA.
-
Sackman, H. (1991)
Toward an IFIP Code of Ethics Based on Participative International
Consensus, in R. Clarke & J. Cameron (eds), Managing IT's Organizational
Impact, North-Holland, Amsterdam.
-
Sackman, H. (1990)
Draft IFIP Code of Ethics (1990), in J. Berleur & J. Holvast, Letter of
the Editors to the IFIP Community, IFIP, 1992.
-
Weiss, E. A. (1982)
Self-Assessment Procedure IX, CACM, Vol. 25, No. 3.
-
Weiss, E. A. (1990)
Self-Assessment Procedure XXII, CACM, Vol. 33, No. 11
|
![[Company Logo Image]](_borders/CTfinalgbwebsite.jpg)
