Cyberlaw & Ethics
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Cyberlaw & Ethics

The Department of Computer Science, University of Cape Town

2010

Table of Contents

1. Computer Ethics and Why Study it

Scenarios

Scenario 1 Should I copy software?
Scenario 2 Should a company data mine?
Scenario 3: Freedom of Expression
Scenario 4: Professional Responsibility

New Possibilities

New Possibilities in Computing
Computers Used in Social context
Moral and Legal Issues

Definitions of Computer Ethics

James Moor
Deborah Johnson

Are Computer Ethical Issues Unique?

What Make Computer Ethics Different?
Similarities of Computer Ethics to Other Ethics

Traditionalist Approach to Resolving Ethical Issues

2. Philosophical Ethics

Theoretical Frameworks

A Framework for Ethical Analysis

Formal Guidelines

Ethical Theory

Deontology
Teleology

Normative Principles

The Principle of Nonmaleficence
The Principle of Autonomy
The Principle of Informed Consent

Law

Informal Guidelines

Moral Intuition Test
The Mother Test
The TV Test
The Smell Test
The Other Person's Shoe Test
The Market Test

A Defensible Choice

Additional Principles

Where do Personal Values come from?

MARXISM: When Economics Determines Everything, Even Morality

Answers and Discussions

Discussions of Activity 1

3. Professional Ethics

Scenarios

Scenario 1: Safety Concerns
Scenario 2: How much Security
Scenario 3: Conflict of Interest

Why Professional Ethics

Characteristics of a Profession

System of Professions

Is Computing a Profession?

Software Engineering

Professional Relationships

Employer - Employee Relationships
Client – Professional Relationships
Society – Professional Relationship
Professional – Professional Relationships
Conflicting Responsibilities

4. Code of Ethics and Professional Conduct

Introduction

CSSA Code of Conduct

Integrity
Confidentiality
Impartiality
Responsibility
Relationship with CSSA
Non-discrimination
Disciplinary Procedure

CSSA Code of Practice

Personal Requirements
Organisation and Management
Contracting
Privacy, Security and Integrity
Development
Implementation
Live Systems

BCS Codes of Conduct and Practice

The BCS Code of Conduct
The BCS Code of Practice

5. Privacy

Scenarios

Scenario 1: Fund Raising and Potential Donors
Scenario 2: Taking work home
Scenario 3: Workplace Monitoring
Scenario 4: Data Mining

Is there anything new here?

Max’s case
Access to data

Understanding the ‘Computer and Privacy’ Issue

Personal Privacy
Individual – Organisational Relationships
Global Perspective
Proposal for better Protection

Effects of IT on recording keeping

Privacy Issues in the workplace

Arguments for of Computer Monitoring in the Workplace
Arguments against Computer Monitoring in the Workplace

Interception Act versus Privacy Act (South Africa)

The Interception Act
The Privacy Act

Protect Your Online Privacy

Do not reveal personal information inadvertently
Turn on cookie notices in your Web browser, and/or use cookie management software
Keep a "clean" e-mail address
Don't reveal personal details to strangers or just met "friends"
Beware sites that offer some sort of reward or prize in exchange for your contact or other information
Do not reply to spammers, for any reason
Be conscious of Web security
Be conscious of home computer security
Examine privacy policies and seals
Remember that YOU decide what information about yourself to reveal, when, why, and to whom
Use encryption

More on Encryption

PGP (Pretty Good Privacy)
How It Works
Where Can You Use PGP

6. Property Rights and Software

Scenarios

Scenario 1: Pirated Software from Abroad
Scenario 2: Stealing an Idea
Scenario 3: Improving Software

Some Definitions

Current Legal Position

Copyright versus Patent Laws
Copyright
Trade Secrecy Laws
Patent Protection
Software and Patents

Software as Property

Is it wrong to copy proprietary software?

Fair Use in the Electronic Age

Answers and Discussions

Discussion of Activity 5
Discussion of Activity 6

7. Accountability in IT

Scenarios

Scenario 1: Virtual Rape
Scenario 2: Designing-making Systems
Scenario 3: Service Provider for Online Forums
Scenario 4: Y2K Problem

Ensuring Accountability

Accountability
Responsibility
Liability

Buying and Selling Software

Software – Product or Service?
Mass Market Products
Customised Software
Mixed Case

Negligence

Example: Y2K Problem

Who was responsible?

Diffusion of Responsibility

Example: THERAC-25
Example: ISP Responsibility
Example: Virtual Action