Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Introduction to Information Technology
INT-1010
Prof C
Luis R Castellanos
1
05.2
Issues in Computing:
Ethical and legal implications
in Information Systems
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
2
a) Yale University
b) Princeton University
c) Harvard University
d) University of Pennsilvania
Which is the oldest
college in the US?
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
3
Information
Systems Security
Ethical and Legal
Implications of
Information Systems
Windows Security
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
4
Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Information
Systems Ethics
The Ethical and Legal
Implications of Information
Systems
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
6
The term ethics is defined as ā€œa set of moral
principlesā€ or ā€œthe principles of conduct
governing an individual or a group.ā€
Since the dawn of civilization, the study of
ethics and its impact has fascinated mankind.
But what do ethics have to do with
information systems?
The introduction of new technology can have
a profound effect on human behavior.
New technologies give us capabilities that we
did not have before, which in turn create
environments and situations that have not
been specifically addressed in ethical terms.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Those who master new technologies gain new
power; those who cannot or do not master
them may lose power.
In 1913, Henry Ford implemented the first
moving assembly line to create his Model T
cars.
While this was a great step forward
technologically (and economically), the
assembly line reduced the value of human
beings in the production process.
The development of the atomic bomb
concentrated unimaginable power in the
hands of one government, which then had to
wrestle with the decision to use it.
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5.2. Issues in Computing: Ethical and legal implications
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Today’s digital technologies have
created new categories of ethical
dilemmas.
For example, the ability to
anonymously make perfect copies of
digital music has tempted many music
fans to download copyrighted music
for their own use without making
payment to the music’s owner.
Many of those who would never have
walked into a music store and stolen a
CD find themselves with dozens of
illegally downloaded albums.
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5.2. Issues in Computing: Ethical and legal implications
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Digital technologies have given us the
ability to aggregate information from
multiple sources to create profiles of
people.
What would have taken weeks of work
in the past can now be done in
seconds, allowing private
organizations and governments to
know more about individuals than at
any time in history.
This information has value but also
chips away at the privacy of consumers
and citizens.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
12
Code of Ethics
The Ethical and Legal
Implications of Information
Systems
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Ethics:
a set of moral principles; a theory or
system of moral values.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Is it ethic if I marry my sister?
Is it ethic if I marry a 12 years old?
In modern times it is permitted in Argentina, Brazil,
Thailand, and the Netherlands under certain
circumstances.
In ancient times it was allowed in Egypt, Roman
Empire, Japan, Middle Age Europe, among others.
Two countries (Saudi Arabia and Yemen) do not set a
minimum legal age of marriage for girls or boys.
Lebanon allows girls to be married as young as 9,
Sudan permits the marriage of girls at puberty, Iran
sets the minimum age for girls at 13, Chad and Kuwait
set it at 15, and 16 countries set it at 16 or 17.
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5.2. Issues in Computing: Ethical and legal implications
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One method for navigating new ethical waters
is a code of ethics.
A code of ethics is a document that outlines a
set of acceptable behaviors for a professional
or social group; generally, it is agreed to by all
members of the group.
The document details different actions that
are considered appropriate and
inappropriate.
A good example of a code of ethics is the Code
of Ethics and Professional Conduct of the
ACM, an organization of computing
professionals that includes academics,
researchers, and practitioners.
https://www.acm.org/
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Here is a quote from the preamble:
Commitment to ethical professional conduct is
expected of every member (voting members,
associate members, and student members) of the
Association for Computing Machinery (ACM).
This Code, consisting of 24 imperatives
formulated as statements of personal
responsibility, identifies the elements of such
a commitment.
It contains many, but not all, issues
professionals are likely to face.
In the ACM’s code, you will find many
straightforward ethical instructions, such as
the admonition to be honest and trustworthy.
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5.2. Issues in Computing: Ethical and legal implications
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But because this is also an organization of
professionals that focuses on computing,
there are more specific admonitions that
relate directly to information technology:
No one should enter or use another’s computer
system, software, or data files without permission.
One must always have appropriate approval before
using system resources, including communication
ports, file space, other system peripherals, and
computer time.
Designing or implementing systems that
deliberately or inadvertently demean individuals
or groups is ethically unacceptable.
Organizational leaders are responsible for
ensuring that computer systems enhance, not
degrade, the quality of working life.
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5.2. Issues in Computing: Ethical and legal implications
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One of the major advantages of creating a
code of ethics is that it clarifies the acceptable
standards of behavior for a professional
group.
The varied backgrounds and experiences of
the members of a group lead to a variety of
ideas regarding what is acceptable behavior.
While too many the guidelines may seem
obvious, having these items detailed provides
clarity and consistency.
Explicitly stating standards communicates
the common guidelines to everyone in a clear
manner.
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5.2. Issues in Computing: Ethical and legal implications
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Having a code of ethics can also have some
drawbacks.
First of all, a code of ethics does not have
legal authority; in other words, breaking a
code of ethics is not a crime in itself.
So what happens if someone violates one of
the guidelines?
Many codes of ethics include a section that
describes how such situations will be
handled.
In many cases, repeated violations of the code
result in expulsion from the group.
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5.2. Issues in Computing: Ethical and legal implications
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In the case of ACM:
ā€œAdherence of professionals to a code of
ethics is largely a voluntary matter.
However, if a member does not follow this
code by engaging in gross misconduct,
membership in ACM may be terminated.ā€
Expulsion from ACM may not have
much of an impact on many
individuals, since membership in ACM
is usually not a requirement for
employment.
However, expulsion from other
organizations, such as a state bar
organization or medical board, could
carry a huge impact.
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5.2. Issues in Computing: Ethical and legal implications
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Another possible disadvantage of a code
of ethics is that there is always a chance
that important issues will arise that are
not specifically addressed in the code.
Technology is quickly changing, and a
code of ethics might not be updated
often enough to keep up with all of the
changes.
A good code of ethics, however, is
written in a broad enough fashion that it
can address the ethical issues of
potential changes to technology while
the organization behind the code makes
revisions.
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Finally, a code of ethics could have also been
a disadvantage in that it may not entirely
reflect the ethics or morals of every member
of the group.
Organizations with a diverse membership
may have internal conflicts as to what is
acceptable behavior.
For example, there may be a difference of
opinion on the consumption of alcoholic
beverages at company events.
In such cases, the organization must make a
choice about the importance of addressing a
specific behavior in the code.
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5.2. Issues in Computing: Ethical and legal implications
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What is a hacker?
A hacker is a person who breaks into a
computer system.
The reasons for hacking can be many:
installing malware, stealing or destroying
data, disrupting service, and more.
Hacking can also be done for ethical reasons,
such as trying to find software vulnerabilities
so they can be fixed.
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5.2. Issues in Computing: Ethical and legal implications
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Types
of
Hackers
Ethical Hacker (White Hat)
Ethical hackers are legally permitted to break into certain
computer systems to find flaws.
Businesses and government organizations often hire ethical
hackers to uncover software vulnerabilities or other security
weaknesses so they can be fixed before they are exploited by
malicious hackers.
Cybercriminals (Black Hat)
Cybercriminals are hackers who often use tools such as
malware, phishing, and ransomware to launch attacks for
financial gain or other nefarious purposes.
They steal information ranging from email addresses and
passwords to social security numbers and credit card details in
order to sell it for profit.
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5.2. Issues in Computing: Ethical and legal implications
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Types
of
Hackers
Gray Hat
A hacker who is in between ethical (white hat) and cybercriminal
(black hat) hackers.
They break into computer systems without authority with a view
to identify weaknesses and reveal them to the system owner.
Hacktivist
Hacktivists use hacking techniques as a tool for social activism.
They often break into organizations they oppose in order to send
a message, for instance by defacing their website, launching
DDoS attacks, stealing and posting personal or confidential
information, and so on.
Anonymous is one example of a well-known hacktivist group.
DDoS: Distributed Denial of Service
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5.2. Issues in Computing: Ethical and legal implications
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Anonymous
Is a decentralized international activist and
hacktivist collective and movement primarily
known for its various cyberattacks against
several governments, government institutions
and government agencies, corporations and
the Church of Scientology.
It originated in 2003 on the imageboard
4chan representing the concept of many
online and offline community users
simultaneously existing as an "anarchic",
digitized "global brain" or "hivemind".
Anonymous members (known as anons) can
sometimes be distinguished in public by the
wearing of Guy Fawkes masks in the style
portrayed in the graphic novel and film V for
Vendetta.
https://en.wikipedia.org/wiki/Anonymous_(hacker_group)
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5.2. Issues in Computing: Ethical and legal implications
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Script kiddies
Script kiddie is a derogative term that computer hackers coined
to refer to immature, but often just as dangerous, exploiters of
internet security weaknesses.
Script kiddies are typically motivated by simple, personal
reasons -- to have fun, create chaos, seek attention or take
revenge.
Types
of
Hackers
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
30
Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
31
Acceptable Use
Policy
The Ethical and Legal
Implications of Information
Systems
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
32
Many organizations that provide
technology services to a group of
constituents or the public require
agreement to an acceptable use policy
(AUP) before those services can be
accessed.
Similar to a code of ethics, this policy
outlines what is allowed and what is not
allowed while someone is using the
organization’s services.
An everyday example of this is the terms
of service that must be agreed to before
using the public Wi-Fi at Starbucks,
McDonald’s, or even a university.
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5.2. Issues in Computing: Ethical and legal implications
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Here is an example of an acceptable use policy from Virginia
Tech:
https://vt.edu/acceptable-use.html
…
Acceptable use is always ethical, reflects
academic honesty, and shows restraint in
the consumption of shared resources. It
demonstrates respect for intellectual
property, ownership of data, system security
mechanisms, and individuals' rights to
privacy and to freedom from intimidation
and harassment.
…
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Just as with a code of ethics, these acceptable
use policies specify what is allowed and what
is not allowed.
Again, while some of the items listed are
obvious to most, others are not so obvious:
• ā€œBorrowingā€ someone else’s login ID and password
is prohibited.
• Using the provided access for commercial purposes,
such as hosting your own business website, is not
allowed.
• Sending out unsolicited emails to a large group of
people is prohibited.
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Also as with codes of ethics, violations
of these policies have various
consequences.
In most cases, such as with Wi-Fi,
violating the acceptable use policy will
mean that you will lose your access to
the resource.
While losing access to Wi-Fi at
Starbucks may not have a lasting
impact, a university student getting
banned from the university’s Wi-Fi (or
possibly all network resources) could
have a large impact.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Acceptable Use Policy
User’s use of the Sites, any Content, and any information provided by the User including user names and
passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers),
information related to a Starbucks Card or employer name (ā€œUser Informationā€) transmitted in connection with the
Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a)
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party
(including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c)
provides sensitive personal information unless specifically requested by Starbucks, (d) includes spam or any
unsolicited advertising; (e) uses technology or other means to access Starbucks or Content that is not authorized by
Starbucks; (f) uses or launches any automated system, including without limitation, ā€œrobots,ā€ ā€œspiders,ā€ or ā€œoffline
readers,ā€ to access Starbucks or Content; (g) attempts to introduce viruses or any other computer code, files, or
programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or
telecommunications equipment; (h) attempts to gain unauthorized access to Starbucks’ computer network or user
accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates
these Terms; (k) attempts to damage, disable, overburden, or impair Starbucks’ servers or networks; (l)
impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or
entity; or (m) fails to comply with applicable third party terms (collectively ā€œAcceptable Useā€). Starbucks reserves the
right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove
Content, or assert legal action with respect to Content or use of the Sites, that Starbucks reasonably believes is or
might be in violation of these Terms, or Starbucks policies including the Starbucks Card Terms and Conditions.
Starbucks’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
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Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
39
Intellectual
Property
The Ethical and Legal
Implications of Information
Systems
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5.2. Issues in Computing: Ethical and legal implications
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One of the domains that have been
deeply impacted by digital technologies
is the domain of intellectual property.
Digital technologies have driven a rise
in new intellectual property claims and
made it much more difficult to defend
intellectual property.
Intellectual property is defined as
ā€œproperty (as an idea, invention, or
process) that derives from the work of
the mind or intellect.ā€
This could include creations such as
song lyrics, a computer program, a new
type of toaster, or even a sculpture.
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5.2. Issues in Computing: Ethical and legal implications
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Practically speaking, it is very difficult to
protect an idea.
Instead, intellectual property laws are written
to protect the tangible results of an idea.
In other words, just coming up with a song in
your head is not protected, but if you write it
down it can be protected.
Protection of intellectual property is
important because it gives people an
incentive to be creative.
Innovators with great ideas will be more
likely to pursue those ideas if they have a
clear understanding of how they will benefit.
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5.2. Issues in Computing: Ethical and legal implications
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In the US Constitution, Article 8, Section 8, the
authors saw fit to recognize the importance of
protecting creative works:
Congress shall have the power . . . To promote the
Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries.
An important point to note here is the ā€œlimited
timeā€ qualification.
While protecting intellectual property is
important because of the incentives it provides,
it is also necessary to limit the amount of
benefit that can be received and allow the
results of ideas to become part of the public
domain.
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5.2. Issues in Computing: Ethical and legal implications
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Outside of the US, intellectual property
protections vary.
You can find out more about a specific
country’s intellectual property laws by
visiting the World Intellectual Property
Organization.
https://www.wipo.int/portal/en/index.html
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
44
Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
45
Copyright
The Ethical and Legal
Implications of Information
Systems
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5.2. Issues in Computing: Ethical and legal implications
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Copyright is the protection given to songs,
computer programs, books, and other
creative works; any work that has an ā€œauthorā€
can be copyrighted.
Under the terms of copyright, the author of
work controls what can be done with the
work, including:
• Who can make copies of the work.
• Who can make derivative works from the
original work.
• Who can perform the work publicly.
• Who can display the work publicly.
• Who can distribute the work.
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5.2. Issues in Computing: Ethical and legal implications
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Many times, work is not owned by an
individual but is instead owned by a
publisher with whom the original
author has an agreement.
In return for the rights to the work, the
publisher will market and distribute
the work and then pay the original
author a portion of the proceeds.
Copyright protection lasts for the life of
the original author plus seventy years.
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5.2. Issues in Computing: Ethical and legal implications
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Robert L May was a catalog writer in
Montgomery Ward, in Chicago, back in 1939.
He created ā€œRudolph the Red Nosed Reindeerā€
as a kid story for the store to give away to
customers in Christmas.
In 1949, Montgomery Ward
gave May the rights to the
story.
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5.2. Issues in Computing: Ethical and legal implications
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The ā€œLone Rangerā€
theme is actually
Gioachino Rossini’s
Overture from the
William Tell Opera in
1829.
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5.2. Issues in Computing: Ethical and legal implications
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The ā€œGreen Hornetā€
theme is actually the
ā€œFlight of the
Bumblebeeā€ by Rimsky
Korsakov in 1899.
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5.2. Issues in Computing: Ethical and legal implications
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Theme from 2001: a Space Odyssey.
From Johann Strauss: Also sprach
Zarathustra
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5.2. Issues in Computing: Ethical and legal implications
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In the case of a copyrighted work
owned by a publisher or another third
party, the protection lasts for ninety-
five years from the original creation
date.
For works created before 1978, the
protections vary slightly.
You can see the full details on
copyright protections by reviewing the
Copyright Basics document available at
the US Copyright Office’s website. https://www.copyright.gov/
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5.2. Issues in Computing: Ethical and legal implications
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Obtaining Copyright Protection
In the United States, copyright is obtained by
the simple act of creating the original work.
In other words, when an author writes down
that song, makes that film, or designs that
program, he or she automatically has the
copyright.
However, for a work that will be used
commercially, it is advisable to register for a
copyright with the US Copyright Office.
A registered copyright is needed in order to
bring legal action against someone who has
used a work without permission.
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First Sale Doctrine
If an artist creates a painting and sells
it to a collector who then, for whatever
reason, proceeds to destroy it, does the
original artist have any recourse?
What if the collector, instead of
destroying it, begins making copies of
it and sells them?
Is this allowed?
The first sale doctrine is a part of
copyright law that addresses this, as
shown…
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The first sale doctrine, codified at 17
U.S.C. § 109, provides that an
individual who knowingly purchases a
copy of a copyrighted work from the
copyright holder receives the right to
sell, display or otherwise dispose of
that particular copy, notwithstanding
the interests of the copyright owner.
So, in our examples, the copyright
owner has no recourse if the collector
destroys the artwork.
But the collector does not have the
right to make copies of the artwork.
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Fair Use
Another important provision within
copyright law is that of fair use.
Fair use is a limitation on copyright law that
allows for the use of protected works without
prior authorization in specific cases.
For example, if a teacher wanted to discuss a
current event in his/her class, the teacher
could pass out copies of a copyrighted news
story to the students without first getting
permission.
Fair use is also what allows a student to
quote a small portion of a copyrighted work
in a research paper.
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The following four factors are
considered when determining if
something constitutes fair use:
• The purpose and character of the use,
including whether such use is of
commercial nature or is for nonprofit
educational purposes;
• The nature of the copyrighted work;
• The amount and substantiality of the
portion used in relation to the
copyrighted work as a whole;
• The effect of the use upon the
potential market for, or value of, the
copyrighted work.
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Copyleft
Copyleft is the practice of granting the right
to freely distribute and modify intellectual
property with the requirement that the same
rights be preserved in derivative works
created from that property.
Copyleft is an arrangement whereby
software or artistic work may be used,
modified, and distributed freely on condition
that anything derived from it is bound by the
same conditions.
https://en.wikipedia.org/wiki/Copyleft
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Creative Common
A Creative Commons license is a public
copyright license that enables the free
distribution of an otherwise copyrighted
"work".
A CC license is used when an author
wants to give other people the right to
share, use, and build upon a work that
the author has created.
CC protects the people who use or
redistribute an author's work from
concerns of copyright infringement as
long as they abide by the specified
conditions.
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5.2. Issues in Computing: Ethical and legal implications
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Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
61
Patent
The Ethical and Legal
Implications of Information
Systems
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Another important form of intellectual property
protection is the patent.
A patent creates protection for someone who
invents a new product or process.
The definition of invention is quite broad and
covers many different fields.
Here are some examples of items receiving patents:
• circuit designs in semiconductors;
• prescription drug formulas;
• firearms;
• locks;
• plumbing;
• engines;
• coating processes; and
• business methods.
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Once a patent is granted, it provides the inventor with
protection from others infringing on his or her patent.
A patent holder has the right to exclude others from
making, using, offering for sale, or selling the invention
throughout the United States or importing the
invention into the United States for a limited time in
exchange for public disclosure of the invention when
the patent is granted.
As with copyright, patent protection lasts for a limited
period of time before the invention or process enters
the public domain.
In the US, a patent lasts twenty years. This is why
generic drugs are available to replace brand-name
drugs after twenty years.
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Do you know who invented the telephone?
Today, we don’t really know.
Antonio Meucci, Elisha Gray and Alexander
Graham Bell claim to be the telephone“s
inventor.
What we really know is that Alexander Graham
Bell filed the first telephone patent application
on 1876.
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Business Method Patents
Most patents protect a physical object.
However, a business method patent is a type of
utility patent that protects a process such as one
created in a software program.
It has proved especially useful to online
companies that use software for their business.
Protection through a business method patent,
also known as an Internet patent, allows the
owner to control rights to that business method
during the life of the patent.
This means that they can prevent other
companies from using the process, or they can
license the process to other companies for a fee.
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There are four main requirements for
patenting a business method.
First, the business method must be
patentable subject matter rather than
an abstract idea.
It also must meet the usefulness
requirement, but this is a low threshold
to meet.
The method only must produce a
concrete result.
The two remaining requirements are
more complicated. These involve
showing that the method is novel and
that it is not obvious.
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A novel business method must be
different from any previous method or
invention, and it must not have been
exposed to the public. A method is
exposed to the public if it was used
publicly or described in a publication
before the application was filed.
A business method that is non-obvious
must produce a result that is new or
unexpected to someone in the relevant
field. This is often determined by
assessing whether someone in the field
would have seen the new method as a
natural evolution of previous methods.
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Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
71
The Digital Millennium Copyright Act
As digital technologies have changed what
it means to create, copy, and distribute
media, a policy vacuum has been created.
In 1998, the US Congress passed the Digital
Millennium Copyright Act (DMCA), which
extended copyright law to take into
consideration digital technologies.
Two of the best-known provisions from the
DMCA are the anti-circumvention
provision and the ā€œsafe harborā€ provision.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
72
The anti-circumvention provision
makes it illegal to create technology to
circumvent technology that has been put in
place to protect a copyrighted work.
The ā€œsafe harborā€ provision limits the
liability of online service providers when
someone using their services commits
copyright infringement.
This is the provision that allows YouTube,
for example, not to be held liable when
someone posts a clip from a copyrighted
movie.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
73
Information
Systems Ethics
Ethical and Legal
Implications of
Information
Systems
Code of Ethics
Acceptable Use
Policy
Intellectual
Property
Copyright Patents Privacy
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
74
Privacy
The Ethical and Legal
Implications of Information
Systems
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
75
The term privacy has many definitions, but for our purposes, privacy will mean
the ability to control information about oneself.
Our ability to maintain our privacy has eroded substantially in the past decades,
due to information systems.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
76
Personally Identifiable Information
Information about a person that can be used to
uniquely establish that person’s identity is called
personally identifiable information, or PII.
This is a broad category that includes
information such as:
• name;
• social security number;
• date of birth;
• place of birth;
• motherā€˜s maiden name;
• biometric records (fingerprint, face, etc.);
• medical records;
• educational records;
• financial information; and
• employment information.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
77
Just because companies are required to
protect your information does not mean they
are restricted from sharing it.
In the US, companies can share your
information without your explicit consent,
though not all do so.
Companies that collect PII are urged to create
a privacy policy and post it on their website.
While the privacy laws in the US seek to
balance consumer protection with promoting
commerce, in the European Union privacy is
considered a fundamental right that
outweighs the interests of commerce.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
78
Restrictions on Record
Collecting
In the US, the government has
strict guidelines on how much
information can be collected about
its citizens.
Certain classes of information have
been restricted by laws over time,
and the advent of digital tools has
made these restrictions more
important than ever.
Let’s see some Privacy Laws in the
US.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
79
Children’s Online Privacy Protection Act
Websites that are collecting information from
children under the age of thirteen are required
to comply with the Children’s Online Privacy
Protection Act (COPPA), which is enforced by
the Federal Trade Commission (FTC).
To comply with COPPA, organizations must
make a good-faith effort to determine the age of
those accessing their websites and, if users are
under thirteen years old, must obtain parental
consent before collecting any information.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
80
Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA)
is a US law that protects the privacy of student education
records.
In brief, this law specifies that parents have a right to
their child’s educational information until the child
reaches either the age of eighteen or begins attending
school beyond the high school level.
At that point, control of the information is given to the
child.
While this law is not specifically about the digital
collection of information on the Internet, the educational
institutions that are collecting student information are at
a higher risk for disclosing it improperly because of
digital technologies.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
81
Health Insurance Portability and
Accountability Act
The HIPAA of 1996 is the law that specifically
singles out records related to health care as a
special class of personally identifiable information.
This law gives patients specific rights to control
their medical records, requires health care
providers and others who maintain this
information to get specific permission in order to
share it, and imposes penalties on the institutions
that breach this trust.
Since much of this information is now shared via
electronic medical records, the protection of those
systems becomes paramount.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
82
Non-Obvious Relationship Awareness
Digital technologies have given us many
new capabilities that simplify and expedite
the collection of personal information.
Every time we come into contact with
digital technologies, information about us is
being made available.
From our location to our web-surfing
habits, our criminal record to our credit
report, we are constantly being monitored.
This information can then be aggregated to
create profiles of each and every one of us.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
83
While much of the information collected was
available in the past, collecting it and
combining it took time and effort.
Today, detailed information about us is
available for purchase from different
companies.
Even information not categorized as PII can
be aggregated in such a way that an
individual can be identified.
This process of collecting large quantities of a
variety of information and then combining it
to create profiles of individuals is known as
non-obvious relationship awareness or
NORA.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
84
First commercialized by big casinos looking
to find cheaters, NORA is used by both
government agencies and private
organizations, and it is big business.
In some settings, NORA can bring many
benefits, such as in law enforcement.
By being able to identify potential criminals
more quickly, crimes can be solved more
quickly or even prevented before they
happen.
But these advantages come at a price: our
privacy.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
85
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
86
The term ethics is defined as ā€œa set of
moral principlesā€ or ā€œthe principles of
conduct governing an individual or a
group.ā€
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
87
A code of ethics is a
document that outlines a set
of acceptable behaviors for a
professional or social group;
generally, it is agreed to by all
members of the group.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
88
Pros
One of the major advantages of creating a
code of ethics is that it clarifies the acceptable
standards of behavior for a professional
group.
Cons
But, it does not have legal authority; in
other words, breaking a code of ethics is not a
crime in itself.
There is a chance that important issues will
arise that are not specifically addressed
in the code.
It may not entirely reflect the ethics or morals
of every member of the group.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
89
What is a hacker?
A hacker is a person who breaks into a computer system.
White Hat Black Hat Gray Hat Hacktivist Script kiddies
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
90
Just as with a code of ethics,
Acceptable Use Policies (AUP) specify
what is allowed and what is not
allowed when you access a Wifi
Network.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
91
Intellectual property is defined as ā€œproperty (as
an idea, invention, or process) that derives from the
work of the mind or intellect.ā€
Copyright is the protection given to songs,
computer programs, books, and other creative
works.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
92
Fair use is a limitation on copyright law that allows
for the use of protected works without prior
authorization in specific cases.
Copyleft is the practice of granting the right to freely
distribute and modify intellectual property with the
requirement that the same rights be preserved in
derivative works created from that property.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
93
A Creative Common license is a public
copyright license that enables the free distribution
of an otherwise copyrighted "work".
A patent creates protection for someone
who invents a new product or process.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
94
The Digital Millennium Copyright Act
(DMCA), which extended copyright law to
take into consideration digital technologies.
Two of the best-known provisions from the
DMCA are:
āœ“ The anti-circumvention provision makes it
illegal to create technology to circumvent
technology that has been put in place to protect a
copyrighted work.
āœ“ The ā€œsafe harborā€ provision limits the liability
of online service providers when someone using
their services commits copyright infringement.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
95
Information about a person that
can be used to uniquely establish
that person’s identity is called
Personally Identifiable
Information, or PII.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
96
Some Privacy Laws in the US:
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
97
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Textbook
99
https://eng.libretexts.org/Courses/Prince_
Georges_Community_College/INT_1010%
3A_Concepts_in_Computing
Purchase of a book is not
required.
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Professor C
100
castellr@pgcc.edu
eLearning Expert
BS in Systems Engineering
MS in Systems Engineering
HC Dr in Education
IT Professor | Spanish Instructor
LCINT1010.wordpress.com
Slides last updated on Sep 2023
Introduction to Information Technology
5.2. Issues in Computing: Ethical and legal implications
Introduction to Information Technology
INT-1010
Prof C
Luis R Castellanos
101
05.2
Issues in Computing:
Ethical and legal implications
in Information Systems

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INT 1010 05-2.pdf

  • 1. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications Introduction to Information Technology INT-1010 Prof C Luis R Castellanos 1 05.2 Issues in Computing: Ethical and legal implications in Information Systems
  • 2. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 2 a) Yale University b) Princeton University c) Harvard University d) University of Pennsilvania Which is the oldest college in the US?
  • 3. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 3 Information Systems Security Ethical and Legal Implications of Information Systems Windows Security
  • 4. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 4 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 5. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 5 Information Systems Ethics The Ethical and Legal Implications of Information Systems
  • 6. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 6 The term ethics is defined as ā€œa set of moral principlesā€ or ā€œthe principles of conduct governing an individual or a group.ā€ Since the dawn of civilization, the study of ethics and its impact has fascinated mankind. But what do ethics have to do with information systems? The introduction of new technology can have a profound effect on human behavior. New technologies give us capabilities that we did not have before, which in turn create environments and situations that have not been specifically addressed in ethical terms.
  • 7. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 7 Those who master new technologies gain new power; those who cannot or do not master them may lose power. In 1913, Henry Ford implemented the first moving assembly line to create his Model T cars. While this was a great step forward technologically (and economically), the assembly line reduced the value of human beings in the production process. The development of the atomic bomb concentrated unimaginable power in the hands of one government, which then had to wrestle with the decision to use it.
  • 8. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 8 Today’s digital technologies have created new categories of ethical dilemmas. For example, the ability to anonymously make perfect copies of digital music has tempted many music fans to download copyrighted music for their own use without making payment to the music’s owner. Many of those who would never have walked into a music store and stolen a CD find themselves with dozens of illegally downloaded albums.
  • 9. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 9 Digital technologies have given us the ability to aggregate information from multiple sources to create profiles of people. What would have taken weeks of work in the past can now be done in seconds, allowing private organizations and governments to know more about individuals than at any time in history. This information has value but also chips away at the privacy of consumers and citizens.
  • 10. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 10
  • 11. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 11 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 12. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 12 Code of Ethics The Ethical and Legal Implications of Information Systems
  • 13. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 13 Ethics: a set of moral principles; a theory or system of moral values.
  • 14. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 14 Is it ethic if I marry my sister? Is it ethic if I marry a 12 years old? In modern times it is permitted in Argentina, Brazil, Thailand, and the Netherlands under certain circumstances. In ancient times it was allowed in Egypt, Roman Empire, Japan, Middle Age Europe, among others. Two countries (Saudi Arabia and Yemen) do not set a minimum legal age of marriage for girls or boys. Lebanon allows girls to be married as young as 9, Sudan permits the marriage of girls at puberty, Iran sets the minimum age for girls at 13, Chad and Kuwait set it at 15, and 16 countries set it at 16 or 17.
  • 15. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 15
  • 16. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 16 One method for navigating new ethical waters is a code of ethics. A code of ethics is a document that outlines a set of acceptable behaviors for a professional or social group; generally, it is agreed to by all members of the group. The document details different actions that are considered appropriate and inappropriate. A good example of a code of ethics is the Code of Ethics and Professional Conduct of the ACM, an organization of computing professionals that includes academics, researchers, and practitioners. https://www.acm.org/
  • 17. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 17 Here is a quote from the preamble: Commitment to ethical professional conduct is expected of every member (voting members, associate members, and student members) of the Association for Computing Machinery (ACM). This Code, consisting of 24 imperatives formulated as statements of personal responsibility, identifies the elements of such a commitment. It contains many, but not all, issues professionals are likely to face. In the ACM’s code, you will find many straightforward ethical instructions, such as the admonition to be honest and trustworthy.
  • 18. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 18 But because this is also an organization of professionals that focuses on computing, there are more specific admonitions that relate directly to information technology: No one should enter or use another’s computer system, software, or data files without permission. One must always have appropriate approval before using system resources, including communication ports, file space, other system peripherals, and computer time. Designing or implementing systems that deliberately or inadvertently demean individuals or groups is ethically unacceptable. Organizational leaders are responsible for ensuring that computer systems enhance, not degrade, the quality of working life.
  • 19. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 19 One of the major advantages of creating a code of ethics is that it clarifies the acceptable standards of behavior for a professional group. The varied backgrounds and experiences of the members of a group lead to a variety of ideas regarding what is acceptable behavior. While too many the guidelines may seem obvious, having these items detailed provides clarity and consistency. Explicitly stating standards communicates the common guidelines to everyone in a clear manner.
  • 20. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 20 Having a code of ethics can also have some drawbacks. First of all, a code of ethics does not have legal authority; in other words, breaking a code of ethics is not a crime in itself. So what happens if someone violates one of the guidelines? Many codes of ethics include a section that describes how such situations will be handled. In many cases, repeated violations of the code result in expulsion from the group.
  • 21. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 21 In the case of ACM: ā€œAdherence of professionals to a code of ethics is largely a voluntary matter. However, if a member does not follow this code by engaging in gross misconduct, membership in ACM may be terminated.ā€ Expulsion from ACM may not have much of an impact on many individuals, since membership in ACM is usually not a requirement for employment. However, expulsion from other organizations, such as a state bar organization or medical board, could carry a huge impact.
  • 22. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 22 Another possible disadvantage of a code of ethics is that there is always a chance that important issues will arise that are not specifically addressed in the code. Technology is quickly changing, and a code of ethics might not be updated often enough to keep up with all of the changes. A good code of ethics, however, is written in a broad enough fashion that it can address the ethical issues of potential changes to technology while the organization behind the code makes revisions.
  • 23. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 23 Finally, a code of ethics could have also been a disadvantage in that it may not entirely reflect the ethics or morals of every member of the group. Organizations with a diverse membership may have internal conflicts as to what is acceptable behavior. For example, there may be a difference of opinion on the consumption of alcoholic beverages at company events. In such cases, the organization must make a choice about the importance of addressing a specific behavior in the code.
  • 24. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 24 What is a hacker? A hacker is a person who breaks into a computer system. The reasons for hacking can be many: installing malware, stealing or destroying data, disrupting service, and more. Hacking can also be done for ethical reasons, such as trying to find software vulnerabilities so they can be fixed.
  • 25. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 25 Types of Hackers Ethical Hacker (White Hat) Ethical hackers are legally permitted to break into certain computer systems to find flaws. Businesses and government organizations often hire ethical hackers to uncover software vulnerabilities or other security weaknesses so they can be fixed before they are exploited by malicious hackers. Cybercriminals (Black Hat) Cybercriminals are hackers who often use tools such as malware, phishing, and ransomware to launch attacks for financial gain or other nefarious purposes. They steal information ranging from email addresses and passwords to social security numbers and credit card details in order to sell it for profit.
  • 26. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 26 Types of Hackers Gray Hat A hacker who is in between ethical (white hat) and cybercriminal (black hat) hackers. They break into computer systems without authority with a view to identify weaknesses and reveal them to the system owner. Hacktivist Hacktivists use hacking techniques as a tool for social activism. They often break into organizations they oppose in order to send a message, for instance by defacing their website, launching DDoS attacks, stealing and posting personal or confidential information, and so on. Anonymous is one example of a well-known hacktivist group. DDoS: Distributed Denial of Service
  • 27. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 27 Anonymous Is a decentralized international activist and hacktivist collective and movement primarily known for its various cyberattacks against several governments, government institutions and government agencies, corporations and the Church of Scientology. It originated in 2003 on the imageboard 4chan representing the concept of many online and offline community users simultaneously existing as an "anarchic", digitized "global brain" or "hivemind". Anonymous members (known as anons) can sometimes be distinguished in public by the wearing of Guy Fawkes masks in the style portrayed in the graphic novel and film V for Vendetta. https://en.wikipedia.org/wiki/Anonymous_(hacker_group)
  • 28. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 28
  • 29. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 29 Script kiddies Script kiddie is a derogative term that computer hackers coined to refer to immature, but often just as dangerous, exploiters of internet security weaknesses. Script kiddies are typically motivated by simple, personal reasons -- to have fun, create chaos, seek attention or take revenge. Types of Hackers
  • 30. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 30 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 31. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 31 Acceptable Use Policy The Ethical and Legal Implications of Information Systems
  • 32. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 32 Many organizations that provide technology services to a group of constituents or the public require agreement to an acceptable use policy (AUP) before those services can be accessed. Similar to a code of ethics, this policy outlines what is allowed and what is not allowed while someone is using the organization’s services. An everyday example of this is the terms of service that must be agreed to before using the public Wi-Fi at Starbucks, McDonald’s, or even a university.
  • 33. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 33 Here is an example of an acceptable use policy from Virginia Tech: https://vt.edu/acceptable-use.html … Acceptable use is always ethical, reflects academic honesty, and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and individuals' rights to privacy and to freedom from intimidation and harassment. …
  • 34. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 34 Just as with a code of ethics, these acceptable use policies specify what is allowed and what is not allowed. Again, while some of the items listed are obvious to most, others are not so obvious: • ā€œBorrowingā€ someone else’s login ID and password is prohibited. • Using the provided access for commercial purposes, such as hosting your own business website, is not allowed. • Sending out unsolicited emails to a large group of people is prohibited.
  • 35. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 35 Also as with codes of ethics, violations of these policies have various consequences. In most cases, such as with Wi-Fi, violating the acceptable use policy will mean that you will lose your access to the resource. While losing access to Wi-Fi at Starbucks may not have a lasting impact, a university student getting banned from the university’s Wi-Fi (or possibly all network resources) could have a large impact.
  • 36. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications Acceptable Use Policy User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Starbucks Card or employer name (ā€œUser Informationā€) transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Starbucks, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Starbucks or Content that is not authorized by Starbucks; (f) uses or launches any automated system, including without limitation, ā€œrobots,ā€ ā€œspiders,ā€ or ā€œoffline readers,ā€ to access Starbucks or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Starbucks’ computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Starbucks’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively ā€œAcceptable Useā€). Starbucks reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Starbucks reasonably believes is or might be in violation of these Terms, or Starbucks policies including the Starbucks Card Terms and Conditions. Starbucks’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
  • 37. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 37
  • 38. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 38 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 39. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 39 Intellectual Property The Ethical and Legal Implications of Information Systems
  • 40. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 40 One of the domains that have been deeply impacted by digital technologies is the domain of intellectual property. Digital technologies have driven a rise in new intellectual property claims and made it much more difficult to defend intellectual property. Intellectual property is defined as ā€œproperty (as an idea, invention, or process) that derives from the work of the mind or intellect.ā€ This could include creations such as song lyrics, a computer program, a new type of toaster, or even a sculpture.
  • 41. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 41 Practically speaking, it is very difficult to protect an idea. Instead, intellectual property laws are written to protect the tangible results of an idea. In other words, just coming up with a song in your head is not protected, but if you write it down it can be protected. Protection of intellectual property is important because it gives people an incentive to be creative. Innovators with great ideas will be more likely to pursue those ideas if they have a clear understanding of how they will benefit.
  • 42. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 42 In the US Constitution, Article 8, Section 8, the authors saw fit to recognize the importance of protecting creative works: Congress shall have the power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. An important point to note here is the ā€œlimited timeā€ qualification. While protecting intellectual property is important because of the incentives it provides, it is also necessary to limit the amount of benefit that can be received and allow the results of ideas to become part of the public domain.
  • 43. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 43 Outside of the US, intellectual property protections vary. You can find out more about a specific country’s intellectual property laws by visiting the World Intellectual Property Organization. https://www.wipo.int/portal/en/index.html
  • 44. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 44 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 45. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 45 Copyright The Ethical and Legal Implications of Information Systems
  • 46. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 46 Copyright is the protection given to songs, computer programs, books, and other creative works; any work that has an ā€œauthorā€ can be copyrighted. Under the terms of copyright, the author of work controls what can be done with the work, including: • Who can make copies of the work. • Who can make derivative works from the original work. • Who can perform the work publicly. • Who can display the work publicly. • Who can distribute the work.
  • 47. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 47 Many times, work is not owned by an individual but is instead owned by a publisher with whom the original author has an agreement. In return for the rights to the work, the publisher will market and distribute the work and then pay the original author a portion of the proceeds. Copyright protection lasts for the life of the original author plus seventy years.
  • 48. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 48 Robert L May was a catalog writer in Montgomery Ward, in Chicago, back in 1939. He created ā€œRudolph the Red Nosed Reindeerā€ as a kid story for the store to give away to customers in Christmas. In 1949, Montgomery Ward gave May the rights to the story.
  • 49. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 49 The ā€œLone Rangerā€ theme is actually Gioachino Rossini’s Overture from the William Tell Opera in 1829.
  • 50. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 50 The ā€œGreen Hornetā€ theme is actually the ā€œFlight of the Bumblebeeā€ by Rimsky Korsakov in 1899.
  • 51. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 51 Theme from 2001: a Space Odyssey. From Johann Strauss: Also sprach Zarathustra
  • 52. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 52 In the case of a copyrighted work owned by a publisher or another third party, the protection lasts for ninety- five years from the original creation date. For works created before 1978, the protections vary slightly. You can see the full details on copyright protections by reviewing the Copyright Basics document available at the US Copyright Office’s website. https://www.copyright.gov/
  • 53. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 53 Obtaining Copyright Protection In the United States, copyright is obtained by the simple act of creating the original work. In other words, when an author writes down that song, makes that film, or designs that program, he or she automatically has the copyright. However, for a work that will be used commercially, it is advisable to register for a copyright with the US Copyright Office. A registered copyright is needed in order to bring legal action against someone who has used a work without permission.
  • 54. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 54 First Sale Doctrine If an artist creates a painting and sells it to a collector who then, for whatever reason, proceeds to destroy it, does the original artist have any recourse? What if the collector, instead of destroying it, begins making copies of it and sells them? Is this allowed? The first sale doctrine is a part of copyright law that addresses this, as shown…
  • 55. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 55 The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. So, in our examples, the copyright owner has no recourse if the collector destroys the artwork. But the collector does not have the right to make copies of the artwork.
  • 56. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 56 Fair Use Another important provision within copyright law is that of fair use. Fair use is a limitation on copyright law that allows for the use of protected works without prior authorization in specific cases. For example, if a teacher wanted to discuss a current event in his/her class, the teacher could pass out copies of a copyrighted news story to the students without first getting permission. Fair use is also what allows a student to quote a small portion of a copyrighted work in a research paper.
  • 57. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 57 The following four factors are considered when determining if something constitutes fair use: • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; • The nature of the copyrighted work; • The amount and substantiality of the portion used in relation to the copyrighted work as a whole; • The effect of the use upon the potential market for, or value of, the copyrighted work.
  • 58. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 58 Copyleft Copyleft is the practice of granting the right to freely distribute and modify intellectual property with the requirement that the same rights be preserved in derivative works created from that property. Copyleft is an arrangement whereby software or artistic work may be used, modified, and distributed freely on condition that anything derived from it is bound by the same conditions. https://en.wikipedia.org/wiki/Copyleft
  • 59. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 59 Creative Common A Creative Commons license is a public copyright license that enables the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the specified conditions.
  • 60. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 60 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 61. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 61 Patent The Ethical and Legal Implications of Information Systems
  • 62. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 62 Another important form of intellectual property protection is the patent. A patent creates protection for someone who invents a new product or process. The definition of invention is quite broad and covers many different fields. Here are some examples of items receiving patents: • circuit designs in semiconductors; • prescription drug formulas; • firearms; • locks; • plumbing; • engines; • coating processes; and • business methods.
  • 63. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 63 Once a patent is granted, it provides the inventor with protection from others infringing on his or her patent. A patent holder has the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States for a limited time in exchange for public disclosure of the invention when the patent is granted. As with copyright, patent protection lasts for a limited period of time before the invention or process enters the public domain. In the US, a patent lasts twenty years. This is why generic drugs are available to replace brand-name drugs after twenty years.
  • 64. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 64
  • 65. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 65
  • 66. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 66 Do you know who invented the telephone? Today, we don’t really know. Antonio Meucci, Elisha Gray and Alexander Graham Bell claim to be the telephoneĀ“s inventor. What we really know is that Alexander Graham Bell filed the first telephone patent application on 1876.
  • 67. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 67 Business Method Patents Most patents protect a physical object. However, a business method patent is a type of utility patent that protects a process such as one created in a software program. It has proved especially useful to online companies that use software for their business. Protection through a business method patent, also known as an Internet patent, allows the owner to control rights to that business method during the life of the patent. This means that they can prevent other companies from using the process, or they can license the process to other companies for a fee.
  • 68. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 68 There are four main requirements for patenting a business method. First, the business method must be patentable subject matter rather than an abstract idea. It also must meet the usefulness requirement, but this is a low threshold to meet. The method only must produce a concrete result. The two remaining requirements are more complicated. These involve showing that the method is novel and that it is not obvious.
  • 69. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 69 A novel business method must be different from any previous method or invention, and it must not have been exposed to the public. A method is exposed to the public if it was used publicly or described in a publication before the application was filed. A business method that is non-obvious must produce a result that is new or unexpected to someone in the relevant field. This is often determined by assessing whether someone in the field would have seen the new method as a natural evolution of previous methods.
  • 70. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 70
  • 71. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 71 The Digital Millennium Copyright Act As digital technologies have changed what it means to create, copy, and distribute media, a policy vacuum has been created. In 1998, the US Congress passed the Digital Millennium Copyright Act (DMCA), which extended copyright law to take into consideration digital technologies. Two of the best-known provisions from the DMCA are the anti-circumvention provision and the ā€œsafe harborā€ provision.
  • 72. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 72 The anti-circumvention provision makes it illegal to create technology to circumvent technology that has been put in place to protect a copyrighted work. The ā€œsafe harborā€ provision limits the liability of online service providers when someone using their services commits copyright infringement. This is the provision that allows YouTube, for example, not to be held liable when someone posts a clip from a copyrighted movie.
  • 73. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 73 Information Systems Ethics Ethical and Legal Implications of Information Systems Code of Ethics Acceptable Use Policy Intellectual Property Copyright Patents Privacy
  • 74. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 74 Privacy The Ethical and Legal Implications of Information Systems
  • 75. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 75 The term privacy has many definitions, but for our purposes, privacy will mean the ability to control information about oneself. Our ability to maintain our privacy has eroded substantially in the past decades, due to information systems.
  • 76. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 76 Personally Identifiable Information Information about a person that can be used to uniquely establish that person’s identity is called personally identifiable information, or PII. This is a broad category that includes information such as: • name; • social security number; • date of birth; • place of birth; • motherā€˜s maiden name; • biometric records (fingerprint, face, etc.); • medical records; • educational records; • financial information; and • employment information.
  • 77. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 77 Just because companies are required to protect your information does not mean they are restricted from sharing it. In the US, companies can share your information without your explicit consent, though not all do so. Companies that collect PII are urged to create a privacy policy and post it on their website. While the privacy laws in the US seek to balance consumer protection with promoting commerce, in the European Union privacy is considered a fundamental right that outweighs the interests of commerce.
  • 78. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 78 Restrictions on Record Collecting In the US, the government has strict guidelines on how much information can be collected about its citizens. Certain classes of information have been restricted by laws over time, and the advent of digital tools has made these restrictions more important than ever. Let’s see some Privacy Laws in the US.
  • 79. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 79 Children’s Online Privacy Protection Act Websites that are collecting information from children under the age of thirteen are required to comply with the Children’s Online Privacy Protection Act (COPPA), which is enforced by the Federal Trade Commission (FTC). To comply with COPPA, organizations must make a good-faith effort to determine the age of those accessing their websites and, if users are under thirteen years old, must obtain parental consent before collecting any information.
  • 80. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 80 Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act (FERPA) is a US law that protects the privacy of student education records. In brief, this law specifies that parents have a right to their child’s educational information until the child reaches either the age of eighteen or begins attending school beyond the high school level. At that point, control of the information is given to the child. While this law is not specifically about the digital collection of information on the Internet, the educational institutions that are collecting student information are at a higher risk for disclosing it improperly because of digital technologies.
  • 81. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 81 Health Insurance Portability and Accountability Act The HIPAA of 1996 is the law that specifically singles out records related to health care as a special class of personally identifiable information. This law gives patients specific rights to control their medical records, requires health care providers and others who maintain this information to get specific permission in order to share it, and imposes penalties on the institutions that breach this trust. Since much of this information is now shared via electronic medical records, the protection of those systems becomes paramount.
  • 82. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 82 Non-Obvious Relationship Awareness Digital technologies have given us many new capabilities that simplify and expedite the collection of personal information. Every time we come into contact with digital technologies, information about us is being made available. From our location to our web-surfing habits, our criminal record to our credit report, we are constantly being monitored. This information can then be aggregated to create profiles of each and every one of us.
  • 83. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 83 While much of the information collected was available in the past, collecting it and combining it took time and effort. Today, detailed information about us is available for purchase from different companies. Even information not categorized as PII can be aggregated in such a way that an individual can be identified. This process of collecting large quantities of a variety of information and then combining it to create profiles of individuals is known as non-obvious relationship awareness or NORA.
  • 84. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 84 First commercialized by big casinos looking to find cheaters, NORA is used by both government agencies and private organizations, and it is big business. In some settings, NORA can bring many benefits, such as in law enforcement. By being able to identify potential criminals more quickly, crimes can be solved more quickly or even prevented before they happen. But these advantages come at a price: our privacy.
  • 85. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 85
  • 86. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 86 The term ethics is defined as ā€œa set of moral principlesā€ or ā€œthe principles of conduct governing an individual or a group.ā€
  • 87. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 87 A code of ethics is a document that outlines a set of acceptable behaviors for a professional or social group; generally, it is agreed to by all members of the group.
  • 88. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 88 Pros One of the major advantages of creating a code of ethics is that it clarifies the acceptable standards of behavior for a professional group. Cons But, it does not have legal authority; in other words, breaking a code of ethics is not a crime in itself. There is a chance that important issues will arise that are not specifically addressed in the code. It may not entirely reflect the ethics or morals of every member of the group.
  • 89. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 89 What is a hacker? A hacker is a person who breaks into a computer system. White Hat Black Hat Gray Hat Hacktivist Script kiddies
  • 90. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 90 Just as with a code of ethics, Acceptable Use Policies (AUP) specify what is allowed and what is not allowed when you access a Wifi Network.
  • 91. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 91 Intellectual property is defined as ā€œproperty (as an idea, invention, or process) that derives from the work of the mind or intellect.ā€ Copyright is the protection given to songs, computer programs, books, and other creative works.
  • 92. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 92 Fair use is a limitation on copyright law that allows for the use of protected works without prior authorization in specific cases. Copyleft is the practice of granting the right to freely distribute and modify intellectual property with the requirement that the same rights be preserved in derivative works created from that property.
  • 93. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 93 A Creative Common license is a public copyright license that enables the free distribution of an otherwise copyrighted "work". A patent creates protection for someone who invents a new product or process.
  • 94. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 94 The Digital Millennium Copyright Act (DMCA), which extended copyright law to take into consideration digital technologies. Two of the best-known provisions from the DMCA are: āœ“ The anti-circumvention provision makes it illegal to create technology to circumvent technology that has been put in place to protect a copyrighted work. āœ“ The ā€œsafe harborā€ provision limits the liability of online service providers when someone using their services commits copyright infringement.
  • 95. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 95 Information about a person that can be used to uniquely establish that person’s identity is called Personally Identifiable Information, or PII.
  • 96. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 96 Some Privacy Laws in the US:
  • 97. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications 97
  • 98. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications
  • 99. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications Textbook 99 https://eng.libretexts.org/Courses/Prince_ Georges_Community_College/INT_1010% 3A_Concepts_in_Computing Purchase of a book is not required.
  • 100. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications Professor C 100 castellr@pgcc.edu eLearning Expert BS in Systems Engineering MS in Systems Engineering HC Dr in Education IT Professor | Spanish Instructor LCINT1010.wordpress.com Slides last updated on Sep 2023
  • 101. Introduction to Information Technology 5.2. Issues in Computing: Ethical and legal implications Introduction to Information Technology INT-1010 Prof C Luis R Castellanos 101 05.2 Issues in Computing: Ethical and legal implications in Information Systems