CASE STUDY ANALYSIS PROCESS WORKSHEET Title of Article/Issue: A Parody of PETA Define the Situation A. 1. 2. 3. 4. 5. 6. 7. 8. List the relevant facts. State facts in complete sentences. (List more than five facts.) At the end of your list, cite reference from your source(s). People for the Ethical Treatment of Animals (PETA) is a nonprofit organization that focuses on animal rights. The domain name of www.peta.org was registered by Michael Doughney as a way to parody PETA and its website, with the webpage entitled “People Eating Tasty Animals.” PETA filed suit against Doughney under the protection of the Anticybersquatting Protection Act (ACPA), stating that the parody page was too similar to the original PETA website in both name and structure. Doughney and his legal representatives argued against PETA’s claim, stating that he believed that no infringement had occurred towards PETA because his website was a parody, and that because of this no violation of the Anticybersquatting Protection Act had occurred. PETA was ruled in favor by a federal district court, stating that Doughney was susceptible to trademark infringement. Doughney appealed the case, and the U.S. Court of Appeals for the Fourth Circuit reiterated the court’s decision, stating that Doughney’s website was used to deliberately confuse users who intended on accessing the official PETA website. Doughney said that it was possible that a user could be confused by the similarities of his parody website after the case had ended. The appeals court stated that Doughney created the parody website in “bad faith” (Spinello), and he spoke to the media after the case stating that PETA should settle with him and wager him an offer. Spinello, Richard A. "Regulating Internet Privacy." Cyberethics Morality and Law in Cyberspace, Fifth Edition. 5th ed. Burlington: Jones & Bartlett Learning, 2014. P. 145 B. What ethics/values are in question from the above facts? (List more than three facts.) 1. Is there anything inherently wrong with Michael Doughney creating a parody website of PETA? Although the execution of the website’s overall structure is another question, is the lone idea of parodying a well-known organization’s website wrong? 2. Does PETA have the right to file suit against Doughney for creating the parody website? On what grounds does PETA believe that Doughney’s website is such a detriment to their organization that they need to take legal action to suppress it? 3. Does Doughney’s claims of his website not violating any copyright rules hold any weight? Is the parody website a good example of following copyright and trademark laws or does it cross a line? 4. Did the federal district and appeals courts make the right decision in finding Doughney susceptible to trademark infringement? Did his website cross an ethical line, or did the courts not fully evaluate the situation or understand the reasons why Doughney created the website? 5. Was Michael Doughney’s right to freedom of speech breached by trademark infringement laws that were in place at the time of this case? Was Doughney found guilty by the courts before they had a clear understanding of Doughney’s intentions? C. List the stakeholders involved. List the individuals/groups who are/may be affected by this issue and how. Be specific. WHO PETA Michael Doughney HOW PETA could be affected by this situation in a negative way for a number of reasons. PETA have been criticized in the past for not being radical enough in their fight for animal rights, with people believing that they do not utilize their prominence to their full potential. This could hinder people’s views of PETA, showcasing that the organization is more inclined to fight for their rights instead of the rights of the animals they try to protect. PETA can also receive unfair criticism from ignorant users of the internet who mistake Doughney’s website as the official PETA page. The parody page could emphasize some of the internal problems that PETA faces. Michael Doughney is directly affected by this case. He faced legal action towards his parody page and was found guilty of trademark infringement because of how his website was structured. These charges against him can severely hinder his reputation, as well as harm his chances of being able to register anymore websites in his name because his activity was seen as illegal. This case could have possibly affected some relationships he had with website companies and whoever else he was connected with during the time he created the parody PETA website. Users of the internet who are searching for the official PETA page could also be affected. If a user is aware of the parody page and they happen to enter it, they’ll understand what it is and maneuver to the official PETA page. But if a user does not understand what PETA truly is and only sees the parody website, they could create a misconception of what PETA actually stands for, potentially turning someone away from their organization. Users Isolating the major ethical dilemma A. 1. 2. 3. 4. B. Write several statements or questions that are ethical dilemmas from this situation. Although it is legal to parody something or someone if you follow the standard rules and regulations, was it in poor taste for Michael Doughney to do due to this to the degree that he did? Is replicating the domain PETA taking it too far, so much that it could potentially confuse users and hinder the actual organization? Did PETA react in the most professional way to this situation? Should PETA and Doughney have come together and found a solution to this issue instead of the organization immediately taking legal action? Was it truly necessary for PETA to go to the lengths that they did to prosecute Michael Doughney for trademark infringement? Are the possible negative outcomes of this situation worth legal action? Should people have been aware that there was a parody page of PETA available to the public before the organization pressed charges against the creator of the website? What is the ethical dilemma to be resolved NOW? State it using the form: Should someone do or not do something? Keep this statement simple. For example: Should people buy pirated software? NOT Should people buy pirated software even though they cannot afford the price of proprietary software? Should PETA have taken legal action against Michael Doughney for his parody website? Making a decision and planning the implementation Based on the analysis in Step III, choose which theory best applies to this situation. Add any arguments justifying your choice of these ethical principles to support your decision. (Name the specific theory that best fits the situation – Act Deontology) Rule Deontology Explain your choice above: Kantianism states that individuals should never see people as just means to an end. The actual intent of a person’s actions are more important than the consequences of the outcome. Was Michael Doughney deliberately trying to hinder the reputation of PETA and confuse users who search for PETA on the internet, or was he just creating the website strictly as a parody without any harmful intentions? If Doughney’s website isn’t actually harming anyone and is clearly displayed as a parody of PETA, why can’t he be allowed to continue to run his website? What exactly was Doughney’s intentions when creating the website? What do PETA gain from having his website shut down? Your decision: What would you do? Why? List the specific steps needed to implement your defensible ethical decision. If I were Michael Doughney, I would continue to fight to have my website reestablished and available to enter again. Parodies have been present for hundreds of years and this is just another instance of it. I would take legal action towards PETA and try and regain my web address. As long as I am following copyright and trademark regulations correctly, I should be able to have that website registered to me. If I were to be denied like Doughney, I would continuously appeal the decision until I could find common ground with PETA. What longer-term changes (i.e., political, legal, technical, societal, organizational) would help prevent your defined dilemma in the future? Longer-term changes are essential for the prevention of a situation like this to happen again. Talking to PETA about a proposed parody website and receiving their views on it will help with the organization understanding my intentions. Even if PETA were to decline my parody website idea, I would follow trademark rules accordingly and continue to create my website. I do have freedom of speech and I would not have my website shut down unjustly. CONCLUSION What do you see as the situation from your view? I believe that PETA does not have the right to shut down Michael Doughney’s website. I do not believe that he broke any laws while parodying the organization, and I believe that PETA’s legal action was a knee-jerk reaction to all of negative attention that could have come from a parody website that is modeled after them. It is a shame that some people may not be able to distinguish between the official and parody page. I find Doughney’s website quite amusing and his work should not be shut down just because the official website does not approve it. It is not up to PETA if a parody website of theirs is created. FFIRS3GXML 10/20/2012 0:58:24 Page 4 FFIRS3GXML 10/20/2012 0:58:24 Page 1 䉲 FOURTH EDITION ETHICS AND TECHNOLOGY Controversies, Questions, and Strategies for Ethical Computing HERMAN T. TAVANI Rivier University FFIRS3GXML 10/20/2012 0:58:24 Page 2 VP & Executive Publisher: Executive Editor: Editorial Assistant: Marketing Manager: Marketing Assistant: Associate Production Manager: Production Editor: Designer: Cover Photo Credit: Production Management Services: Donald Fowley Beth Lang Golub Katherine Willis Chris Ruel Marissa Carroll Joyce Poh Jolene Ling Kenji Ngieng Bernhard Lang/Getty Images, Inc. Thomson Digital This book was set in 10/12 TimesTenLTStd-Roman by Thomson Digital, and printed and bound by Edwards Brothers Malloy. The cover was printed by Edwards Brothers Malloy. This book is printed on acid free paper. 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Upon completion of the review period, please return the evaluation copy to Wiley. Return instructions and a free of charge return mailing label are available at www.wiley.com/go/returnlabel. If you have chosen to adopt this textbook for use in your course, please accept this book as your complimentary desk copy. Outside of the United States, please contact your local sales representative. Library of Congress Cataloging-in-Publication Data Tavani, Herman T. Ethics and technology : controversies, questions, and strategies for ethical computing / Herman T. Tavani, Rivier University—Fourth edition. pages cm Includes bibliographical references and index. ISBN 978-1-118-28172-7 (pbk.) 1. Computer networks—Moral and ethical aspects. I. Title. TK5105.5.T385 2013 175—dc23 2012028589 Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 FFIRS3GXML 10/20/2012 0:58:24 Page 3 In memory of my grandparents, Leon and Marian (Roberts) Hutton, and Antonio and Clelia (Giamberardino) Tavani FFIRS3GXML 10/20/2012 0:58:24 Page 4 FTOC3GXML 10/20/2012 1:3:1 Page 5 䉲 CONTENTS AT A GLANCE PREFACE xvii ACKNOWLEDGMENTS FOREWORD xxvii xxix CHAPTER 1. INTRODUCTION TO CYBERETHICS: CONCEPTS, PERSPECTIVES, AND METHODOLOGICAL FRAMEWORKS 1 CHAPTER 2. ETHICAL CONCEPTS AND ETHICAL THEORIES: ESTABLISHING AND JUSTIFYING A MORAL SYSTEM 33 CHAPTER 3. CRITICAL REASONING SKILLS FOR EVALUATING DISPUTES IN CYBERETHICS 74 CHAPTER 4. PROFESSIONAL ETHICS, CODES OF CONDUCT, AND MORAL RESPONSIBILITY 101 CHAPTER 5. PRIVACY AND CYBERSPACE CHAPTER 6. SECURITY IN CYBERSPACE CHAPTER 7. CYBERCRIME AND CYBER-RELATED CRIMES CHAPTER 8. INTELLECTUAL PROPERTY DISPUTES IN CYBERSPACE CHAPTER 9. REGULATING COMMERCE AND SPEECH IN CYBERSPACE 131 174 201 CHAPTER 10. THE DIGITAL DIVIDE, DEMOCRACY, AND WORK 230 269 303 CHAPTER 11. ONLINE COMMUNITIES, CYBER IDENTITIES, AND SOCIAL NETWORKS CHAPTER 12. ETHICAL ASPECTS OF EMERGING AND CONVERGING TECHNOLOGIES GLOSSARY INDEX 337 368 411 417 v FTOC3GXML 10/20/2012 1:3:1 Page 6 FTOC3GXML 10/20/2012 1:3:1 Page 7 䉲 TABLE OF CONTENTS PREFACE xvii New to the Fourth Edition xviii Audience and Scope xix Organization and Structure of the Book xxi The Web Site for Ethics and Technology xxiii A Note to Students xxiv Note to Instructors: A Roadmap for Using This Book A Note to Computer Science Instructors xxv ACKNOWLEDGMENTS FOREWORD xxix xxiv xxvii c CHAPTER 1 INTRODUCTION TO CYBERETHICS: CONCEPTS, PERSPECTIVES, AND METHODOLOGICAL FRAMEWORKS 1 Scenario 1–1: A Fatal Cyberbullying Incident on MySpace 1 Scenario 1–2: Contesting the Ownership of a Twitter Account 2 Scenario 1–3: “The Washingtonienne” Blogger 2 1.1 Defining Key Terms: Cyberethics and Cybertechnology 3 1.1.1 What Is Cybertechnology? 4 1.1.2 Why the Term Cyberethics? 5 1.2 The Cyberethics Evolution: Four Developmental Phases in Cybertechnology 6 1.3 Are Cyberethics Issues Unique Ethical Issues? 9 Scenario 1–4: Developing the Code for a Computerized Weapon System 10 Scenario 1–5: Digital Piracy 11 1.3.1 Distinguishing between Unique Technological Features and Unique Ethical Issues 11 1.3.2 An Alternative Strategy for Analyzing the Debate about the Uniqueness of Cyberethics Issues 12 1.3.3 A Policy Vacuum in Duplicating Computer Software 13 1.4 Cyberethics as a Branch of Applied Ethics: Three Distinct Perspectives 14 1.4.1 Perspective #1: Cyberethics as a Field of Professional Ethics 15 1.4.2 Perspective #2: Cyberethics as a Field of Philosophical Ethics 18 1.4.3 Perspective #3: Cyberethics as a Field of Sociological/ Descriptive Ethics 21 Scenario 1–6: The Impact of Technology X on the Pleasantville Community 21 1.5 A Comprehensive Cyberethics Methodology 24 1.5.1 A “Disclosive” Method for Cyberethics 25 1.5.2 An Interdisciplinary and Multilevel Method for Analyzing Cyberethics Issues 26 1.6 A Comprehensive Strategy for Approaching Cyberethics Issues 27 1.7 Chapter Summary 28 vii FTOC3GXML 10/20/2012 1:3:1 Page 8 viii c Table of Contents Review Questions 28 Discussion Questions 29 Essay/Presentation Questions Scenarios for Analysis 29 Endnotes 30 References 31 Further Readings 32 Online Resources 32 29 c CHAPTER 2 ETHICAL CONCEPTS AND ETHICAL THEORIES: ESTABLISHING AND JUSTIFYING A MORAL SYSTEM 33 2.1 Ethics and Morality 33 Scenario 2–1: The “Runaway Trolley”: A Classic Moral Dilemma 34 2.1.1 What Is Morality? 35 2.1.2 Deriving and Justifying the Rules and Principles of a Moral System 2.2 Discussion Stoppers as Roadblocks to Moral Discourse 42 2.2.1 Discussion Stopper #1: People Disagree on Solutions to Moral Issues 43 2.2.2 Discussion Stopper #2: Who Am I to Judge Others? 45 2.2.3 Discussion Stopper #3: Morality Is Simply a Private Matter 47 2.2.4 Discussion Stopper #4: Morality Is Simply a Matter for Individual Cultures to Decide 48 Scenario 2–2: The Perils of Moral Relativism 49 2.3 Why Do We Need Ethical Theories? 52 2.4 Consequence-Based Ethical Theories 53 2.4.1 Act Utilitarianism 55 Scenario 2–3: A Controversial Policy in Newmerica 55 2.4.2 Rule Utilitarianism 55 2.5 Duty-Based Ethical Theories 56 2.5.1 Rule Deontology 57 Scenario 2–4: Making an Exception for Oneself 58 2.5.2 Act Deontology 59 Scenario 2–5: A Dilemma Involving Conflicting Duties 60 2.6 Contract-Based Ethical Theories 61 2.6.1 Some Criticisms of Contract-Based Theories 62 2.6.2 Rights-Based Contract Theories 63 2.7 Character-Based Ethical Theories 64 2.7.1 Being a Moral Person vs. Following Moral Rules 64 2.7.2 Acquiring the “Correct” Habits 65 2.8 Integrating Aspects of Classical Ethical Theories into a Single Comprehensive Theory 66 2.8.1 Moor’s Just-Consequentialist Theory and Its Application to Cybertechnology 67 2.8.2 Key Elements in Moor’s Just-Consequentialist Framework 69 2.9 Chapter Summary 70 Review Questions 70 Discussion Questions 71 Essay/Presentation Questions 71 Scenarios for Analysis 72 Endnotes 72 38 FTOC3GXML 10/20/2012 1:3:2 Page 9 Table of Contents b ix References 73 Further Readings 73 c CHAPTER 3 CRITICAL REASONING SKILLS FOR EVALUATING DISPUTES IN CYBERETHICS 3.1 Getting Started 74 Scenario 3–1: Reasoning About Whether to Download a File from “Sharester” 75 3.1.1 Defining Two Key Terms in Critical Reasoning: Claims and Arguments 3.1.2 The Role of Arguments in Defending Claims 76 3.1.3 The Basic Structure of an Argument 76 3.2 Constructing an Argument 78 3.3 Valid Arguments 80 3.4 Sound Arguments 83 3.5 Invalid Arguments 85 3.6 Inductive Arguments 86 3.7 Fallacious Arguments 87 3.8 A Seven-Step Strategy for Evaluating Arguments 89 3.9 Identifying Some Common Fallacies 91 3.9.1 Ad Hominem Argument 92 3.9.2 Slippery Slope Argument 92 3.9.3 Fallacy of Appeal to Authority 93 3.9.4 False Cause Fallacy 93 3.9.5 Begging the Question 94 3.9.6 Fallacy of Composition/ Fallacy of Division 94 3.9.7 Fallacy of Ambiguity/ Equivocation 95 3.9.8 Appeal to the People (Argumentum ad Populum) 95 3.9.9 The Many/ Any Fallacy 96 3.9.10 The Virtuality Fallacy 97 3.10 Chapter Summary 98 Review Questions 98 Discussion Questions 98 Essay/Presentation Questions 99 Scenarios for Analysis 99 Endnotes 99 References 100 Further Readings 100 74 75 c CHAPTER 4 PROFESSIONAL ETHICS, CODES OF CONDUCT, AND MORAL RESPONSIBILITY 4.1 4.2 4.3 101 Professional Ethics 102 4.1.1 What Is a Profession? 103 4.1.2 Who Is a Professional? 103 4.1.3 Who Is a Computer/ IT Professional? 104 Do Computer/IT Professionals Have Any Special Moral Responsibilities? 105 4.2.1 Safety-Critical Software 105 Professional Codes of Ethics and Codes of Conduct 106 4.3.1 The Purpose of Professional Codes 107 4.3.2 Some Criticisms of Professional Codes 108 4.3.3 Defending Professional Codes 109 4.3.4 The IEEE-CS/ ACM Software Engineering Code of Ethics and Professional Practice 110 FTOC3GXML 10/20/2012 1:3:2 Page 10 x c Table of Contents 4.4 Conflicts of Professional Responsibility: Employee Loyalty and Whistle-Blowing 112 4.4.1 Do Employees Have an Obligation of Loyalty to Employers? 112 4.4.2 Whistle-Blowing Issues 114 Scenario 4–1: Whistle-Blowing and the “Star Wars” Controversy 115 4.4.3 An Alternative Strategy for Understanding Professional Responsibility 117 4.5 Moral Responsibility, Legal Liability, and Accountability 117 4.5.1 Distinguishing Responsibility from Liability and Accountability 118 4.5.2 Accountability and the Problem of “Many Hands” 119 Scenario 4–2: The Therac-25 Machine 120 4.5.3 Legal Liability and Moral Accountability 120 4.6 Risk Assessment in the Software Development Process 121 Scenario 4–3: The Aegis Radar System 121 4.7 Do Some Computer Corporations Have Special Moral Obligations? 122 4.7.1 Special Responsibilities for Search Engine Companies 123 4.7.2 Special Responsibilities for Companies that Develop Autonomous Systems 124 4.8 Chapter Summary 125 Review Questions 126 Discussion Questions 126 Essay/Presentation Questions 126 Scenarios for Analysis 127 Endnotes 128 References 128 Further Readings 130 c CHAPTER 5 PRIVACY AND CYBERSPACE 5.1 5.2 131 Are Privacy Concerns Associated with Cybertechnology Unique or Special? 132 What is Personal Privacy? 134 5.2.1 Accessibility Privacy: Freedom from Unwarranted Intrusion 135 5.2.2 Decisional Privacy: Freedom from Interference in One’s Personal Affairs 135 5.2.3 Informational Privacy: Control over the Flow of Personal Information 136 5.2.4 A Comprehensive Account of Privacy 136 Scenario 5–1: Descriptive Privacy 137 Scenario 5–2: Normative Privacy 137 5.2.5 Privacy as “Contextual Integrity” 137 Scenario 5–3: Preserving Contextual Integrity in a University Seminar 138 5.3 Why is Privacy Important? 139 5.3.1 Is Privacy an Intrinsic Value? 140 5.3.2 Privacy as a Social Value 141 5.4 Gathering Personal Data: Monitoring, Recording, and Tracking Techniques 141 5.4.1 “Dataveillance” Techniques 141 5.4.2 Internet Cookies 142 5.4.3 RFID Technology 143 5.4.4 Cybertechnology and Government Surveillance 145 5.5 Exchanging Personal Data: Merging and Matching Electronic Records 146 5.5.1 Merging Computerized Records 146 Scenario 5–4: Merging Personal Information in Unrelated Computer Databases 147 5.5.2 Matching Computerized Records 148 Scenario 5–5: Using Biometric Technology at Super Bowl XXXV 149 FTOC3GXML 10/20/2012 1:3:2 Page 11 Table of Contents b xi 5.6 Mining Personal Data 150 5.6.1 How Does Data Mining Threaten Personal Privacy? 150 Scenario 5–6: Data Mining at the XYZ Bank 151 5.6.2 Web Mining 154 Scenario 5–7: The Facebook Beacon Controversy 154 5.7 Protecting Personal Privacy in Public Space 156 Scenario 5–8: Shopping at SuperMart 157 Scenario 5–9: Shopping at Nile.com 157 5.7.1 Search Engines and the Disclosure of Personal Information 158 Scenario 5–10: Tracking Your Search Requests on Google 159 5.7.2 Accessing Online Public Records 160 Scenario 5–11: Accessing Online Public Records in Pleasantville 161 Scenario 5–12: Accessing a State’s Motor Vehicle Records Online 162 5.8 Privacy-Enhancing Technologies 162 5.8.1 Educating Users about PETs 163 5.8.2 PETs and the Principle of Informed Consent 163 5.9 Privacy Legislation and Industry Self-Regulation 164 5.9.1 Industry Self-Regulation Initiatives Regarding Privacy 164 Scenario 5–13: Controversies Involving Google’s Privacy Policy 166 5.9.2 Privacy Laws and Data Protection Principles 166 5.10 Chapter Summary 168 Review Questions 169 Discussion Questions 169 Essay/Presentation Questions 170 Scenarios for Analysis 170 Endnotes 171 References 171 Further Readings 173 c CHAPTER 6 SECURITY IN CYBERSPACE 174 6.1 Security in the Context of Cybertechnology 174 6.1.1 Cybersecurity as Related to Cybercrime 175 6.1.2 Security and Privacy: Some Similarities and Some Differences 6.2 Three Categories of Cybersecurity 176 6.2.1 Data Security: Confidentiality, Integrity, and Availability of Information 177 6.2.2 System Security: Viruses, Worms, and Malware 178 Scenario 6–1: The Conficker Worm 178 6.2.3 Network Security: Protecting our Infrastructure 179 Scenario 6–2: The GhostNet Controversy 179 6.3 “Cloud Computing” and Security 180 6.3.1 Deployment and Service/ Delivery Models for the Cloud 181 6.3.2 Securing User Data Residing in the Cloud 182 6.4 Hacking and “The Hacker Ethic” 183 6.4.1 What Is “The Hacker Ethic”? 184 6.4.2 Are Computer Break-ins Ever Ethically Justifiable? 186 6.5 Cyberterrorism 187 6.5.1 Cyberterrorism vs. Hacktivism 188 Scenario 6–3: Anonymous and the “Operation Payback” Attack 189 6.5.2 Cybertechnology and Terrorist Organizations 190 175 FTOC3GXML 10/20/2012 1:3:2 Page 12 xii c Table of Contents 6.6 Information Warfare (IW) 191 6.6.1 Information Warfare vs. Conventional Warfare 191 Scenario 6–4: The Stuxnet Worm and the “Olympic Games” Operation 192 6.6.2 Potential Consequences for Nations that Engage in IW 192 6.7 Cybersecurity and Risk Analysis 194 6.7.1 The Risk Analysis Methodology 194 6.7.2 The Problem of “De-Perimeterization” of Information Security for Analyzing Risk 195 6.8 Chapter Summary 196 Review Questions 196 Discussion Questions 197 Essay/Presentation Questions 197 Scenarios for Analysis 197 Endnotes 198 References 198 Further Readings 200 c CHAPTER 7 CYBERCRIME AND CYBER-RELATED CRIMES 7.1 201 Cybercrimes and Cybercriminals 201 7.1.1 Background Events: A Brief Sketch 202 7.1.2 A Typical Cybercriminal 203 7.2 Hacking, Cracking, and Counterhacking 203 7.2.1 Hacking vs. Cracking 204 7.2.2 Active Defense Hacking: Can Acts of “Hacking Back” or Counter Hacking Ever Be Morally Justified? 204 7.3 Defining Cybercrime 205 7.3.1 Determining the Criteria 206 7.3.2 A Preliminary Definition of Cybercrime 207 Scenario 7–1: Using a Computer to File a Fraudulent Tax Return 207 7.3.3 Framing a Coherent and Comprehensive Definition of Cybercrime 208 7.4 Three Categories of Cybercrime: Piracy, Trespass, and Vandalism in Cyberspace 208 7.5 Cyber-Related Crimes 209 7.5.1 Some Examples of Cyber-Exacerbated vs. Cyber-Assisted Crimes 209 7.5.2 Identity Theft 211 7.6 Technologies and Tools for Combating Cybercrime 213 Scenario 7–2: Intercepting Mail that Enters and Leaves Your Neighborhood 213 7.6.1 Biometric Technologies 214 7.6.2 Keystroke-Monitoring Software and Packet-Sniffing Programs 215 7.7 Programs and Techniques Designed to Combat Cybercrime in the United States 216 7.7.1 Entrapment and “Sting” Operations to Catch Internet Pedophiles 216 Scenario 7–3: Entrapment on the Internet 216 7.7.2 Enhanced Government Surveillance Techniques and the Patriot Act 217 7.8 National and International Laws to Combat Cybercrime 218 7.8.1 The Problem of Jurisdiction in Cyberspace 218 Scenario 7–4: A Virtual Casino 218 Scenario 7–5: Prosecuting a Computer Corporation in Multiple Countries 219 7.8.2 Some International Laws and Conventions Affecting Cybercrime 220 Scenario 7–6: The Pirate Bay Web Site 221 7.9 Cybercrime and the Free Press: The WikiLeaks Controversy 221 7.9.1 Are WikiLeaks’ Practices Ethical? 222 FTOC3GXML 10/20/2012 1:3:2 Page 13 Table of Contents b xiii 7.9.2 Are WikiLeaks’ Practices Criminal? 222 7.9.3 WikiLeaks and the Free Press 223 7.10 Chapter Summary 225 Review Questions 225 Discussion Questions 226 Essay/Presentation Questions 226 Scenarios for Analysis 226 Endnotes 227 References 228 Further Readings 229 c CHAPTER 8 INTELLECTUAL PROPERTY DISPUTES IN CYBERSPACE 8.1 230 What is Intellectual Property? 230 8.1.1 Intellectual Objects 231 8.1.2 Why Protect Intellectual Objects? 232 8.1.3 Software as Intellectual Property 232 8.1.4 Evaluating an Argument for Why It is Wrong to Copy Proprietary Software 233 8.2 Copyright Law and Digital Media 235 8.2.1 The Evolution of Copyright Law in the United States 235 8.2.2 The Fair-Use and First-Sale Provisions of Copyright Law 236 Scenario 8–1: Making Classic Books Available Online 237 Scenario 8–2: Decrypting Security on an e-Book Reader 237 8.2.3 Software Piracy as Copyright Infringement 238 8.2.4 Napster and the Ongoing Battles over Sharing Digital Music 239 Scenario 8–3: The Case of MGM v. Grokster 241 8.3 Patents, Trademarks, and Trade Secrets 242 8.3.1 Patent Protections 242 8.3.2 Trademarks 243 8.3.3 Trade Secrets 243 8.4 Jurisdictional Issues Involving Intellectual Property Laws 244 8.5 Philosophical Foundations for Intellectual Property Rights 245 8.5.1 The Labor Theory of Property 245 Scenario 8–4: DEF Corporation vs. XYZ Inc. 246 8.5.2 The Utilitarian Theory of Property 247 Scenario 8–5: Sam’s e-Book Reader Add-on Device 247 8.5.3 The Personality Theory of Property 248 Scenario 8–6: Angela’s Bþþ Programming Tool 249 8.6 The Free Software and the Open Source Movements 250 8.6.1 GNU and the Free Software Foundation 250 8.6.2 The “Open Source Software” Movement: OSS vs. FSF 251 8.7 The “Common-Good” Approach: An Alternative Framework for Analyzing the Intellectual Property Debate 252 8.7.1 Information Wants to be Shared vs. Information Wants to be Free 254 8.7.2 Preserving the Information Commons 256 8.7.3 The Fate of the Information Commons: Could the Public Domain of Ideas Eventually Disappear? 257 8.7.4 The Creative Commons 259 8.8 PIPA, SOPA, and RWA Legislation: Current Battlegrounds in the Intellectual Property War 260 FTOC3GXML 10/20/2012 1:3:2 Page 14 xiv c Table of Contents 8.8.1 The PIPA and SOPA Battles 261 8.8.2 RWA and Public Access to Health-Related Information 261 Scenario 8–7: Elsevier Press and “The Cost of Knowledge” Boycott 262 8.8.3 Intellectual Property Battles in the Near Future 263 8.9 Chapter Summary 264 Review Questions 264 Discussion Questions 265 Essay/Presentation Questions 265 Scenarios for Analysis 265 Endnotes 266 References 267 Further Readings 268 c CHAPTER 9 REGULATING COMMERCE AND SPEECH IN CYBERSPACE 9.1 269 Background Issues and Some Preliminary Distinctions 270 9.1.1 The Ontology of Cyberspace: Is the Internet a Medium or a Place? 270 9.1.2 Two Categories of Cyberspace Regulation 271 9.2 Four Modes of Regulation: The Lessig Model 273 9.3 Digital Rights Management and the Privatization of Information Policy 274 9.3.1 DRM Technology: Implications for Public Debate on Copyright Issues 274 Scenario 9–1: The Sony Rootkit Controversy 275 9.3.2 Privatizing Information Policy: Implications for the Internet 276 9.4 The Use and Misuse of (HTML) Metatags and Web Hyperlinks 278 9.4.1 Issues Surrounding the Use/Abuse of HTML Metatags 278 Scenario 9–2: A Deceptive Use of HTML Metatags 279 9.4.2 Hyperlinking and Deep Linking 279 Scenario 9–3: Deep Linking on the Ticketmaster Web Site 280 9.5 E-Mail Spam 281 9.5.1 Defining Spam 281 9.5.2 Why Is Spam Morally Objectionable? 282 9.6 Free Speech vs. Censorship and Content Control in Cyberspace 284 9.6.1 Protecting Free Speech 284 9.6.2 Defining Censorship 285 9.7 Pornography in Cyberspace 286 9.7.1 Interpreting “Community Standards” in Cyberspace 286 9.7.2 Internet Pornography Laws and Protecting Children Online 287 9.7.3 Virtual Child Pornography 288 Scenario 9–4: A Sexting Incident Involving Greensburg Salem High School 290 9.8 Hate Speech and Speech that can Cause Physical Harm to Others 292 9.8.1 Hate Speech on the Web 292 9.8.2 Online “Speech” that Can Cause Physical Harm to Others 294 9.9 “Network Neutrality” and the Future of Internet Regulation 294 9.9.1 Defining Network Neutrality 295 9.9.2 Some Arguments Advanced by Net Neutrality’s Proponents and Opponents 296 9.9.3 Future Implications for the Net Neutrality Debate 296 9.10 Chapter Summary 297 Review Questions 298 Discussion Questions 298 Essay/Presentation Questions 299 Scenarios for Analysis 299 Endnotes 300 FTOC3GXML 10/20/2012 1:3:2 Page 15 Table of Contents b xv References 300 Further Readings 301 c CHAPTER 10 THE DIGITAL DIVIDE, DEMOCRACY, AND WORK 303 10.1 The Digital Divide 304 10.1.1 The Global Digital Divide 304 10.1.2 The Digital Divide within Nations 305 Scenario 10–1: Providing In-Home Internet Service for Public School Students 306 10.1.3 Is the Digital Divide an Ethical Issue? 307 10.2 Cybertechnology and the Disabled 309 10.2.1 Disabled Persons and Remote Work 310 10.2.2 Arguments for Continued WAI Support 311 10.3 Cybertechnology and Race 312 10.3.1 Internet Usage Patterns 312 10.3.2 Racism and the Internet 313 10.4 Cybertechnology and Gender 314 10.4.1 Access to High-Technology Jobs 315 10.4.2 Gender Bias in Software Design and Video Games 317 10.5 Cybertechnology, Democracy, and Democratic Ideals 317 10.5.1 Has Cybertechnology Enhanced or Threatened Democracy? 318 10.5.2 How has Cybertechnology Affected Political Elections in Democratic Nations? 322 10.6 The Transformation and the Quality of Work 324 10.6.1 Job Displacement and the Transformed Workplace 324 10.6.2 The Quality of Work Life in the Digital Era 328 Scenario 10–2: Employee Monitoring and the Case of Ontario v. Quon 329 10.7 Chapter Summary 331 Review Questions 332 Discussion Questions 332 Essay/Presentation Questions 333 Scenarios for Analysis 333 Endnotes 334 References 335 Further Readings 336 c CHAPTER 11 ONLINE COMMUNITIES, CYBER IDENTITIES, AND SOCIAL NETWORKS 337 11.1 Online Communities and Social Networking Services 337 11.1.1 Online Communities vs. Traditional Communities 337 11.1.2 Blogs in the Context of Online Communities 339 11.1.3 Assessing Pros and Cons of Online Communities 339 Scenario 11–1: A Virtual Rape in Cyberspace 342 11.2 Virtual Environments and Virtual Reality 343 11.2.1 What is Virtual Reality (VR)? 344 11.2.2 Ethical Controversies Involving Behavior in VR Applications and Games 11.2.3 Misrepresentation, Bias, and Indecent Representations in VR Applications 11.3 Cyber Identities and Cyber Selves: Personal Identity and Our Sense of Self in the Cyber Era 351 11.3.1 Cybertechnology as a “Medium of Self-Expression” 352 11.3.2 “MUD Selves” and Distributed Personal Identities 352 11.3.3 The Impact of Cybertechnology on Our Sense of Self 353 11.4 AI and its Implications for What it Means to be Human 355 345 349 FTOC3GXML 10/20/2012 1:3:2 Page 16 xvi c Table of Contents 11.4.1 What is AI? A Brief Overview 355 11.4.2 The Turing Test and John Searle’s “Chinese Room” Argument 357 11.4.3 Cyborgs and Human-Machine Relationships 358 Scenario 11–2: Artificial Children 361 11.4.4 Do (At Least Some) AI Entities Warrant Moral Consideration? 361 11.5 Chapter Summary 363 Review Questions 363 Discussion Questions 364 Essay/Presentation Questions 364 Scenarios for Analysis 365 Endnotes 365 References 366 Further Readings 367 c CHAPTER 12 ETHICAL ASPECTS OF EMERGING AND CONVERGING TECHNOLOGIES 368 12.1 Converging Technologies and Technological Convergence 368 12.2 Ambient Intelligence (AmI) and Ubiquitous Computing 369 12.2.1 Pervasive Computing 371 12.2.2 Ubiquitous Communication 371 12.2.3 Intelligent User Interfaces 371 12.2.4 Ethical and Social Issues in AmI 372 Scenario 12–1: E. M. Forster’s Precautionary Tale 373 Scenario 12–2: Jeremy Bentham’s Panopticon 375 12.3 Bioinformatics and Computational Genomics 376 12.3.1 Computing and Genetic “Machinery”: Some Conceptual Connections 376 12.3.2 Ethical Issues and Controversies 376 Scenario 12–3: deCODE Genetics Inc. 377 12.3.3 ELSI Guidelines and Genetic-Specific Legislation 380 12.4 Nanotechnology and Nanocomputing 381 12.4.1 Nanotechnology: A Brief Overview 382 12.4.2 Optimistic vs. Pessimistic Views of Nanotechnology 383 12.4.3 Ethical Issues in Nanotechnology and Nanocomputing 386 12.5 Autonomous Machines and Machine Ethics 389 12.5.1 What is an Autonomous Machine (AM)? 390 12.5.2 Some Ethical and Philosophical Questions Involving AMs 393 12.5.3 Machine Ethics and Moral Machines 398 12.6 A “Dynamic” Ethical Framework for Guiding Research in New and Emerging Technologies 402 12.6.1 Is an ELSI-Like Model Adequate for New/Emerging Technologies? 402 12.6.2 A “Dynamic Ethics” Model 403 12.7 Chapter Summary 404 Review Questions 404 Discussion Questions 405 Essay/Presentation Questions 405 Scenarios for Analysis 405 Endnotes 406 References 407 Further Readings 409 GLOSSARY INDEX 417 411 FPREF3GXML 10/20/2012 1:5:10 Page 17 c PREFACE As the digital landscape continues to evolve at a rapid pace, new variations of moral, legal, and social concerns arise along with it. Not surprisingly, then, an additional cluster of cyberethics issues has emerged since the publication of the previous edition of Ethics and Technology in late 2009. Consider, for example, the ways in which Cloudbased storage threatens the privacy and security of our personal data. Also consider the increasing amount of personal data that social networking sites such as Facebook and major search engine companies such as Google now collect. Should we worry about how that information can be subsequently used? Should we also worry about the filtering techniques that leading search engines now use to tailor or “personalize” the results of our search queries based on profiles derived from information about our previous search requests? Some analysts note that the current information-gathering/profiling practices and techniques used in the commercial sector can also be adopted by governments, and they point out that these practices could not only support the surveillance initiatives of totalitarian governments but could also threaten the privacy of citizens in democratic countries as well. Also consider the impact that recent cyberwarfare activities, including the clandestine cyberattacks allegedly launched by some nation sates, could have for our national infrastructure. Additionally, consider the national-security-related concerns raised by the WikiLeaks controversy, which has also exacerbated an ongoing tension between free speech on the Internet vs. standards for “responsible reporting” on the part of investigative journalists. And the recent debate about “network neutrality” causes us to revisit questions about the extent to which the service providers responsible for delivering online content should also be able to control the content that they deliver. Other kinds of concerns now arise because of developments in a relatively new subfield of cyberethics called “machine ethics” (sometimes referred to as “robo-ethics”). For example, should we develop autonomous machines that are capable of making decisions that have moral implications? Some semiautonomous robots, which serve as companions and caregivers for the elderly and as “babysitters” for young children, are already available. Recent and continued developments in robotics and autonomous machines may provide many conveniences and services, but they can also cause us to question our conventional notions of autonomy, moral agency, and trust. For example, can/should these machines be fully autonomous? Can they qualify as (artificial) moral agents? Also, will humans be able to trust machines that they will increasingly rely on to carry out critical tasks? If we do not yet know the answers to these questions, and if no clear and explicit policies are in place to guide research in this area, should we continue to develop autonomous machines? These and related questions in the emerging xvii FPREF3GXML 10/20/2012 1:5:10 Page 18 xviii c Preface field of machine ethics are but a few of the many new questions we examine in the fourth edition of Ethics and Technology. Although new technologies emerge, and existing technologies continue to mature and evolve, many of the ethical issues associated with them are basically variations of existing ethical problems. At bottom, these issues reduce to traditional ethical concerns having to do with dignity, respect, fairness, obligations to assist others in need, and so forth. So, we should not infer that the moral landscape itself has been altered because of behaviors made possible by these technologies. We will see that, for the most part, the new issues examined in this edition of Ethics and Technology are similar in relevant respects to the kinds of ethical issues we examined in the book’s previous editions. However, many emerging technologies present us with challenges that, initially at least, do not seem to fit easily into our conventional ethical categories. So, a major objective of this textbook is to show how those controversies can be analyzed from the perspective of standard ethical concepts and theories. The purpose of Ethics and Technology, as stated in the prefaces to the three previous editions of this book, is to introduce students to issues and controversies that comprise the relatively new field of cyberethics. The term “cyberethics” is used in this textbook to refer to the field of study that examines moral, legal, and social issues involving cybertechnology. Cybertechnology, in turn, refers to a broad spectrum of computing/ information and communication technologies that range from stand-alone computers to the current cluster of networked devices and technologies. Many of these technologies include devices and applications that are connected to privately owned computer networks as well as to the Internet itself. This textbook examines a wide range of cyberethics issues—from specific issues of moral responsibility that directly affect computer and information technology (IT) professionals to broader social and ethical concerns that affect each of us in our dayto-day lives. Questions about the roles and responsibilities of computer/IT professionals in developing safe and reliable computer systems are examined under the category of professional ethics. Broader social and ethical concerns associated with cybertechnology are examined under topics such as privacy, security, crime, intellectual property, Internet regulation, and so forth. c NEW TO THE FOURTH EDITION New pedagogical material includes  a newly designed set of end-of-chapter exercises called “Scenarios for Analysis,” which can be used for either in-class analysis or group projects;  new and/or updated (in-chapter) scenarios, illustrating both actual cases and hypothetical situations, which enable students to apply methodological concepts/ frameworks and ethical theories covered in Chapters 1 and 2;  new sample arguments in some chapters, which enable students to apply the tools for argument analysis covered in Chapter 3;  updated “review questions,” “discussion questions,” and “essay/presentation questions” at the end of chapters; FPREF3GXML 10/20/2012 1:5:10 Page 19 Preface b xix  an updated and revised glossary of key terms used in the book;  an updated Ethics and Technology Companion Site with new resources and materials for students and instructors. New issues examined and analyzed include  ethical and social aspects of Cloud computing, including concerns about the privacy and security of users’ data that is increasingly being stored in “the Cloud”;  concerns about the “personalization filters” that search engine companies use to tailor our search results to conform to their perceptions of what we want.  questions about Google’s (2012) privacy policy vis-a-vis the amount of user data that can be collected via the search engine company’s suite of applications;  concerns about cyberwarfare activities involving nation states and their alleged launching of the Stuxnet worm and Flame virus;  controversies surrounding WikiLeaks and the tension it creates between free speech and responsible journalism, as well as for concerns involving national security;  concerns affecting “network neutrality” and whether regulation may be required to ensure that Internet service providers do not gain too much control over the content they deliver;  controversies in “machine ethics,” including the development of autonomous machines capable of making decisions that have moral impacts;  questions about whether we can trust artificial agents to act in ways that will always be in the best interests of humans. In revising the book, I have also eliminated some older, now out-of-date, material. Additionally, I have streamlined some of the material that originally appeared in previous editions of the book but still needs to be carried over into the present edition. c AUDIENCE AND SCOPE Because cyberethics is an interdisciplinary field, this textbook aims at reaching several audiences and thus easily runs the risk of failing to meet the needs of any one audience. I have nonetheless attempted to compose a textbook that addresses the needs of computer science, philosophy, social/behavioral science, and library/information science students. Computer science students need a clear understanding of the ethical challenges they will face as computer professionals when they enter the workforce. Philosophy students, on the contrary, should understand how moral issues affecting cybertechnology can be situated in the field of applied ethics in general and then analyzed from the perspective of ethical theory. Social science and behavioral science students will likely want to assess the sociological impact of cybertechnology on our social and political institutions (government, commerce, and education) and sociodemographic groups (affecting gender, race, ethnicity, and social class). And library science and information science students should be aware of the complexities and nuances of current intellectual property laws that threaten unfettered access to electronic information, and should be informed about recent regulatory schemes that threaten to censor certain forms of electronic speech. FPREF3GXML 10/20/2012 1:5:10 Page 20 xx c Preface Students from other academic disciplines should also find many issues covered in this textbook pertinent to their personal and professional lives; some undergraduates may elect to take a course in social and ethical aspects of technology to satisfy one of their general education requirements. Although Ethics and Technology is intended mainly for undergraduate students, it could be used, in conjunction with other texts, in graduate courses as well. We examine ethical controversies using scenarios that include both actual cases and hypothetical examples, wherever appropriate. In some instances I have deliberately constructed provocative scenarios and selected controversial cases to convey the severity of the ethical issues we consider. Some readers may be uncomfortable with, and possibly even offended by, these scenarios and cases—for example, those illustrating unethical practices that negatively affect children and minorities. Although it might have been politically expedient to skip over issues and scenarios that could unintentionally offend certain individuals, I believe that no textbook in applied ethics would do justice to its topic if it failed to expose and examine issues that adversely affect vulnerable groups in society. Also included in most chapters are sample arguments that are intended to illustrate some of the rationales that have been put forth by various interest groups to defend policies and laws affecting privacy, security, property, and so forth, in cyberspace. Instructors and students can evaluate these arguments via the rules and criteria established in Chapter 3 to see how well, or how poorly, the premises in these arguments succeed in establishing their conclusions. Exercise questions are included at the end of each chapter. First, basic “review questions” quiz the reader’s comprehension of key concepts, themes, issues, and scenarios covered in that chapter. These are followed by higher level “discussion questions” designed to encourage students to reflect more deeply on some of the controversial issues examined in the chapter. In addition to “essay/presentation questions” that are also included in each chapter, a new set of “Scenarios for Analysis” have been added in response to instructors who requested the addition of some unanalyzed scenarios for classroom use. Building on the higher level nature of the discussion questions and essay/presentation questions, these scenarios are intended to provide students and instructors with additional resources for analyzing important controversies introduced in the various chapters. As such, these scenarios can function as in-class resources for group projects. Some essay/presentation questions and end-of-chapter scenarios ask students to compare and contrast arguments and topics that span multiple chapters; for example, students are asked to relate arguments used to defend intellectual property rights, considered in Chapter 8, to arguments for protecting privacy rights, examined in Chapter 5. Other questions and scenarios ask students to apply foundational concepts and frameworks, such as ethical theory and critical thinking techniques introduced in Chapters 2 and 3, to the analysis of specific cyberethics issues examined in subsequent chapters. In some cases, these end-of-chapter questions and scenarios may generate lively debate in the classroom; in other cases, they can serve as a point of departure for various class assignments and group projects. Although no final “solutions” to the issues and dilemmas raised in these questions and scenarios are provided in the text, some “strategies” for analyzing them are included in the section of the book’s Web site (www.wiley.com/college/tavani) entitled “Strategies for Discussion Questions.” FPREF3GXML 10/20/2012 1:5:11 Page 21 Preface b xxi c ORGANIZATION AND STRUCTURE OF THE BOOK Ethics and Technology is organized into 12 chapters. Chapter 1, “Introduction to Cyberethics: Concepts, Perspectives, and Methodological Frameworks,” defines key concepts and terms that will appear throughout the book. For example, definitions of terms such as cyberethics and cybertechnology are introduced in this chapter. We then examine whether any ethical issues involving cybertechnology are unique ethical issues. We also consider how we can approach cyberethics issues from three different perspectives: professional ethics, philosophical ethics, and sociological/descriptive ethics, each of which represents the approach generally taken by a computer scientist, a philosopher, and a social/behavioral scientist. Chapter 1 concludes with a proposal for a comprehensive and interdisciplinary methodological scheme for analyzing cyberethics issues from these perspectives. In Chapter 2, “Ethical Concepts and Ethical Theories: Establishing and Justifying a Moral System,” we examine some of the basic concepts that make up a moral system. We draw a distinction between “ethics” and “morality” by defining ethics as “the study of morality.” “Morality,” or a moral system, is defined as an informal, public system comprising rules of conduct and principles for evaluating those rules. We then examine consequence-based, duty-based, character-based, and contract-based ethical theories. Chapter 2 concludes with a model that integrates elements of competing ethical theories into one comprehensive and unified theory. Chapter 3, “Critical Reasoning Skills for Evaluating Disputes in Cyberethics,” includes a brief overview of basic concepts and strategies that are essential for debating moral issues in a structured and rational manner. We begin by describing the structure of a logical argument and show how arguments can be constructed and analyzed. Next, we examine a technique for distinguishing between arguments that are valid and invalid, sound and unsound, and inductive and fallacious. We illustrate examples of each type with topics affecting cybertechnology and cyberethics. Finally, we identify some strategies for spotting and labeling “informal” logical fallacies that frequently occur in everyday discourse. Chapter 4, “Professional Ethics, Codes of Conduct, and Moral Responsibility,” examines issues related to professional responsibility for computer/IT professionals. We consider whether there are any special moral responsibilities that computer/IT professionals have as professionals. We then examine some professional codes of conducted that have been adopted by computer organizations. We also ask: To what extent are software engineers responsible for the reliability of the computer systems they design and develop, especially applications that include “life-critical” and “safetycritical” software? Are computer/IT professionals ever permitted, or perhaps even required, to “blow the whistle” when they have reasonable evidence to suggest that a computer system is unreliable? Finally, we examine some schemes for analyzing risks associated with the development of safety-critical software. We discuss privacy issues involving cybertechnology in Chapter 5. First, we examine the concept of privacy as well as some arguments for why privacy is considered an important human value. We then look at how personal privacy is threatened by the kinds of surveillance techniques and data-collection schemes made possible by cybertechnology. Specific data-gathering and data-exchanging techniques are examined in detail. We next consider some challenges that data mining and Web mining pose for protecting FPREF3GXML 10/20/2012 1:5:11 Page 22 xxii c Preface personal privacy in public space. In Chapter 5, we also consider whether technology itself, in the form of privacy-enhancing technologies (or PETs), can provide an adequate solution to some privacy issues generated by cybertechnology. Chapter 6, “Security in Cyberspace,” examines security threats in the context of computers and cybertechnology. Initially, we differentiate three distinct senses of “security”: data security, system security, and network security. We then examine the concepts of “hacker” and “hacker ethic,” and we ask whether computer break-ins can ever be morally justified. Next, we differentiate acts of “hacktivism,” cyberterrorism, and information warfare. Chapter 6 concludes with a brief examination of risk analysis in the context of cybersecurity. We begin our analysis of cybercrime, in Chapter 7, by considering whether we can construct a profile of a “typical” cybercriminal. We then propose a definition of cybercrime that enables us to distinguish between “cyberspecific” and “cyber-related” crimes to see whether such a distinction would aid in the formulation of more coherent cybercrime laws. We also consider the notion of legal jurisdiction in cyberspace, especially with respect to the prosecution of cybercrimes that involve interstate and international venues. In addition, we examine technological efforts to combat cybercrime, such as controversial uses of biometric technologies. Chapters 8 and 9 examine legal issues involving intellectual property and free speech, respectively, as they relate to cyberspace. One objective of Chapter 8, “Intellectual Property Disputes in Cyberspace,” is to show why an understanding of the concept of intellectual property is important in an era of digital information. We consider three theories of property rights and make important distinctions among legal concepts such as copyright law, patent protection, and trademarks. Additionally, we consider specific scenarios involving intellectual property disputes, including the original Napster controversy as well as some recent peer-to-peer (P2P) networks that have been used for file sharing. We also examine the Free Software and the Open Source Software initiatives. Finally, we consider a compromise solution that supports and encourages the sharing of digital information in an era when strong copyright legislation seems to discourage that practice. Chapter 9, “Regulating Commerce and Speech in Cyberspace,” looks at additional legal issues, especially as they involve regulatory concerns in cyberspace. We draw distinctions between two different senses of “regulation” as it applies to cyberspace, and we also consider whether the Internet should be understood as a medium or as a “place.” We also examine controversies surrounding e-mail spam, which some believe can be viewed as a form of “speech” in cyberspace. We then ask whether all forms of online speech should be granted legal protection; for example, should child pornography, hate speech, and speech that can cause physical harm to others be tolerated in online forums? Chapter 10 examines a wide range of equity-and-access issues from the perspective of cybertechnology’s impact for sociodemographic groups (affecting class, race, and gender). The chapter begins with an analysis of global aspects of the “digital divide.” We then examine specific equity-and-access issues affecting disabled persons, racial minorities, and women. Next, we explore the relationship between cybertechnology and democracy, and we consider whether the Internet facilitates democracy or threatens it. We then examine some social and ethical issues affecting employment in the contemporary workplace, and we ask whether the use of cybertechnology has transformed work and has affected the overall quality of work life. FPREF3GXML 10/20/2012 1:5:11 Page 23 Preface b xxiii In Chapter 11, we examine issues pertaining to online communities, virtual-reality (VR) environments, and artificial intelligence (AI) developments in terms of two broad themes: community and personal identity in cyberspace. We begin by analyzing the impact that cybertechnology has for our traditional understanding of the concept of community. In particular, we ask whether online communities, such as Facebook and Twitter, raise any special ethical or social issues. Next, we examine some implications that behaviors made possible by virtual environments and virtual-reality applications have for our conventional understanding of personal identity. The final section of Chapter 11 examines the impact that developments in AI have for our sense of self and for what it means to be human. Chapter 12, the final chapter of Ethics and Technology, examines some ethical challenges that arise in connection with emerging and converging technologies. We note that cybertechnology is converging with noncybertechnologies, including biotechnology and nanotechnology, generating new fields such as bioinformatics and nanocomputing that, in turn, introduce ethical concerns. Chapter 12 also includes a brief examination of some issues in the emerging (sub)field of machine ethics. Among the questions considered are whether we should develop autonomous machines that are capable of making moral decisions and whether we could trust those machines to always act in our best interests. A Glossary that defines terms commonly used in the context of computer ethics and cyberethics is also included. However, the glossary is by no means intended as an exhaustive list of such terms. Additional material for this text is available on the book’s Web site: www.wiley.com/college.tavani. c THE WEB SITE FOR ETHICS AND TECHNOLOGY Seven appendices for Ethics and Technology are available only in online format. Appendices A through E include the full text of five professional codes of ethics: the ACM Code of Ethics and Professional Conduct, the Australian Computer Society Code of Ethics, the British Computer Society Code of Conduct, the IEEE Code of Ethics, and the IEEE-CS/ACM Software Engineering Code of Ethics and Professional Practice, respectively. Specific sections of these codes are included in hardcopy format as well, in relevant sections of Chapter 4. Two appendices, F and G, are also available online. Appendix F contains the section of the IEEE-CS/ ACM Computing Curricula 2001 Final Report that describes the social, professional, and ethical units of instruction mandated in their computer science curriculum. Appendix G provides some additional critical reasoning techniques that expand on the strategies introduced in Chapter 3. The Web site for Ethics and Technology also contains additional resources for instructors and students. Presentation slides in PowerPoint format for Chapters 1–12, as well as graphics (for tables and figures in each chapter), are available in the “Instructor” and “Student” sections of the site. As noted earlier, a section on “Strategies,” which includes some techniques for answering the discussion questions and unanalyzed scenarios included at the end of each of the book’s 12 chapters, is also included on this site. The book’s Web site is intended as an additional resource for both instructors and students. It also enables me to “update the book,” in between editions, with new issues and scenarios in cyberethics, as they arise. For example, a section entitled “Recent FPREF3GXML 10/20/2012 1:5:11 Page 24 xxiv c Preface Controversies” is included on the book’s Web site. I invite your feedback as to how this site can be continually improved. c A NOTE TO STUDENTS If you are taking an ethics course for the first time, you might feel uncomfortable with the prospect of embarking on a study of moral issues and controversial topics that might initially cause you discomfort because ethics is sometimes perceived to be preachy, and its subject matter is sometimes viewed as essentially personal and private in nature. Because these are common concerns, I address them early in the textbook. I draw a distinction between an ethicist, who studies morality or a “moral system,” and a moralist who may assume to have the correct answers to all of the questions; note that a primary objective of this book is to examine and analyze ethical issues, not to presume that any of us already has the correct answer to any of the questions I consider. To accomplish this objective, I introduce three types of conceptual frameworks early in the textbook. In Chapter 1, I provide a methodological scheme that enables you to identify controversial problems and issues involving cybertechnology as ethical issues. The conceptual scheme included in Chapter 2, based on ethical theory, provides some general principles that guide your analysis of specific cases as well as your deliberations about which kinds of solutions to problems should be proposed. A third, and final, conceptual framework is introduced in Chapter 3 in the form of critical reasoning techniques, which provides rules and standards that you can use for evaluating the strengths of competing arguments and for defending a particular position that you reach on a certain issue. This textbook was designed and written for you, the student! Whether or not it succeeds in helping you to meet the objectives of a course in cyberethics is very important to me, so I welcome your feedback on this textbook; and I would sincerely appreciate hearing your ideas on how this textbook could be improved. Please feel free to write to me with your suggestions, comments, and so forth. My email address is htavani@rivier .edu. I look forward to hearing from you! c NOTE TO INSTRUCTORS: A ROADMAP FOR USING THIS BOOK The chapters that make up Ethics and Technology are sequenced so that readers are exposed to foundational issues and conceptual frameworks before they examine specific problems in cyberethics. In some cases, it may not be possible for instructors to cover all of the material in Chapters 1–3. It is strongly recommended, however, that before students are assigned material in Chapter 4, they at least read Sections 1.1, 1.4–1.5, 2.4– 2.8, and 3.1. Instructors using this textbook can determine which chapters best accommodate their specific course objectives. Computer science instructors, for example, will likely want to assign Chapter 4, on professional ethics and responsibility, early in the term. Social science instructors, on the other hand, will likely examine issues discussed in Chapters 10 and 11 early in their course. Philosophy instructors may wish to structure their courses beginning with a thorough examination of the material on ethical concepts FPREF3GXML 10/20/2012 1:5:11 Page 25 Preface b xxv and ethical theory in Chapter 2 and techniques for evaluating logical arguments in Chapter 3. Issues discussed in Chapter 12 may be of particular interest to CS instructors teaching advanced undergraduate students. Many textbooks in applied ethics include a requisite chapter on ethical concepts/ theory at the beginning of the book. Unfortunately, they often treat them in a cursory manner; furthermore, these ethical concepts and theories are seldom developed and reinforced in the remaining chapters. Thus, readers often experience a “disconnect” between the material included in the book’s opening chapter and the content of the specific cases and issues discussed in subsequent chapters. By incorporating elements of ethical theory into my discussion and analysis of the specific cyberethics issues I examine, I have tried to avoid the “disconnect” between theory and practice that is commonplace in many applied ethics textbooks. c A NOTE TO COMPUTER SCIENCE INSTRUCTORS Ethics and Technology can be used as the main text in a course dedicated to ethical and social issues in computing, or it can be used as a supplementary textbook for computer science courses in which one or more ethics modules are included. As I suggested in the preceding section, instructors may find it difficult to cover all of the material included in this book in the course of a single semester. And as I also previously suggested, computer science instructors will likely want to ensure that they allocate sufficient course time to the professional ethical issues discussed in Chapter 4. Also of special interest to computer science instructors and their students will be the sections on computer security and risk analysis in Chapter 6; open source code and intellectual property issues in Chapter 8; and regulatory issues affecting software code in Chapter 9. Because computer science instructors may need to limit the amount of class time they devote to covering foundational concepts included in the earlier chapters, I recommend covering at least the critical sections of Chapters 1–3 described previously. This should provide computer science students with some of the tools they will need as professionals to deliberate on ethical issues and to justify the positions they reach. In designing this textbook, I took into account the guidelines on ethical instruction included in the Computing Curricula 2001 Final Report, issued in December 2001 by the IEEE-CS/ACM Joint Task Force on Computing Curricula, which recommends the inclusion of 16 core hours of instruction on social, ethical, and professional topics in the curriculum for undergraduate computer science students. [See the online Appendix F at www.wiley.com/college.tavani for detailed information about the social/professional (SP) units in the Computing Curricula 2001.] Each topic prefaced with an SP designation defines one “knowledge area” or a CS “body of knowledge.” They are distributed among the following 10 units: SP1: History of computing (e.g., history of computer hardware, software, and networking) SP2: Social context of computing (e.g., social implications of networked computing, gender-related issues, and international issues) FPREF3GXML 10/20/2012 1:5:11 Page 26 xxvi c Preface SP3: Methods and tools of analysis (e.g., identifying assumptions and values, making and evaluating ethical arguments) SP4: Professional and ethical responsibilities (e.g., the nature of professionalism, codes of ethics, ethical dissent, and whistle-blowing) SP5: Risks and liabilities of computer-based systems (e.g., historical examples of software risks) SP6: Intellectual property (e.g., foundations of intellectual property, copyrights, patents, and software piracy) SP7: Privacy and civil liberties (e.g., ethical and legal basis for privacy protection, technological strategies for privacy protection) SP8: Computer crime (e.g., history and examples of computer crime, hacking, viruses, and crime prevention strategies) SP9: Economic issues in computing (e.g., monopolies and their economic implications; effect of skilled labor supply) SP10: Philosophical frameworks (e.g., ethical theory, utilitarianism, relativism) All 10 SP units are covered in this textbook. Topics described in SP1 are examined in Chapters 1 and 10, and topics included in SP2 are discussed in Chapters 1 and 11. The methods and analytical tools mentioned in SP3 are described at length in Chapters 2 and 3, whereas professional issues involving codes of conduct and professional responsibility described in SP4 are included in Chapters 4 and 12. Also discussed in Chapter 4, as well as in Chapter 6, are issues involving risks and liabilities (SP5). Intellectual property issues (SP6) are discussed in detail in Chapter 8 and in certain sections of Chapter 9, whereas privacy and civil liberty concerns (SP7) are discussed mainly in Chapters 5 and 12. Chapters 6 and 7 examine topics described in SP8. Economic issues (SP9) are considered in Chapters 9 and 10. And philosophical frameworks of ethics, including ethical theory (SP10), are discussed in Chapters 1 and 2. Table 1 illustrates the corresponding connection between SP units and the chapters of this book. TABLE 1 SP (“Knowledge”) Units and Corresponding Book Chapters SP unit Chapter(s) 1 1, 10 2 1, 11 3 2, 3 4 4, 12 5 4, 6 6 8, 9 7 5, 12 8 6, 7 9 9, 10 10 1, 2 FACKN3GXML 10/20/2012 1:7:33 Page 27 c ACKNOWLEDGMENTS In revising Ethics and Technology for a fourth edition, I have once again drawn from several of my previously published works. Chapters 1–4, on foundational and professional issues in cyberethics, incorporate material from four articles: “The State of Computer Ethics as a Philosophical Field of Inquiry,” Ethics and Information Technology 3, no. 2 (2001); “Applying an Interdisciplinary Approach to Teaching Computer Ethics,” IEEE Technology and Society Magazine 21, no. 3 (2002); “The Uniqueness Debate in Computer Ethics,” Ethics and Information Technology 4, no. 1 (2002); and “Search Engines and Ethics,” Stanford Encyclopedia of Philosophy (2012). Chapter 5, on privacy in cyberspace, also draws from material in four works: “Computer Matching and Personal Privacy,” Proceedings of the Symposium on Computers and the Quality of Life (ACM Press, 1996); “Informational Privacy, Data Mining, and the Internet,” Ethics and Information Technology 1, no. 2 (1999); “Privacy Enhancing Technologies as a Panacea for Online Privacy Concerns: Some Ethical Considerations,” Journal of Information Ethics 9, no. 2 (2000); and “Applying the ‘Contextual Integrity’ Model of Privacy to Personal Blogs in the Blogosphere” (coauthored with Frances Grodzinsky), International Journal of Internet Research Ethics 3 (2010). Chapters 6 and 7, on security and crime in cyberspace, draw from material in three sources: “Privacy and Security” in Duncan Langford’s book Internet Ethics (Macmillan/St. Martins, 2000); “Defining the Boundaries of Computer Crime: Piracy, Trespass, and Vandalism in Cyberspace” in Readings in CyberEthics 2nd ed. (Jones and Bartlett, 2004); and “Privacy in ‘the Cloud’” (coauthored with Frances Grodzinsky), Computers and Society 41, no. 1 (2011). In Chapters 8 and 9, on intellectual property and Internet regulation, I drew from material in “Information Wants to be Shared: An Alternative Approach for Analyzing Intellectual Property Disputes in the Information Age,” Catholic Library World 73, no. 2 (2002); and two papers coauthored with Frances Grodzinsky: “P2P Networks and the Verizon v. RIAA Case,” Ethics and Information Technology 7, no. 4 (2005) and “Online File Sharing: Resolving the Tensions between Privacy and Property” Computers and Society 38, no. 4 (2008). Chapters 10 and 11, on the digital divide, democracy, and online communities, draw from material from two papers: “Ethical Reflections on the Digital Divide,” Journal of Information, Communication and Ethics in Society 1, no. 2 (2003) and “Online Communities, Democratic Ideals, and the Digital Divide” (coauthored with Frances Grodzinsky) in Soraj Hongladarom and Charles Ess’s book Information Technology Ethics: Cultural Perspectives (IGI Global, 2007). Chapter 12, on emerging and converging technologies, incorporates material from my book Ethics, Computing, and Genomics (Jones and Bartlett, 2006), and from three recently published papers: “Can We Develop Artificial Agents Capable of Making Good xxvii FACKN3GXML 10/20/2012 1:7:33 Page 28 xxviii c Acknowledgments Moral Decisions?” Minds and Machines 21, no. 3 (2011); “Trust and Multi-Agent Systems” (coauthored with Jeff Buechner), Ethics and Information Technology 13, no. 1 (2011); and “Ethical Aspects of Autonomous Systems” in Michael Decker and Mathias Gutmann’s book Robo- and Information-Ethics (Berlin: Verlag LIT, 2012). The fourth edition of Ethics and Technology has benefited from suggestions and comments I received from many anonymous reviewers, as well as from the following colleagues: Jeff Buechner, Lloyd Carr, Jerry Dolan, Frances Grodzinsky, Kenneth Himma, James Moor, Martin Menke, Wayne Pauley, Mark Rosenbaum, Regina Tavani, and John Weckert. I am especially grateful to Fran Grodzinsky (Sacred Heart University), with whom I have coauthored several papers, for permitting me to incorporate elements of our joint research into relevant sections of this book. And I am most grateful to Lloyd Carr (Rivier University) for his invaluable feedback on several chapters and sections of this edition of the book, which he was willing to review multiple times; his astute comments and suggestions have helped me to refine many of the positions I defend in this book. The new edition of the book has also benefited from some helpful comments that I received from many students who have used previous editions of the text. I am also grateful to the numerous reviewers and colleagues who commented on the previous editions of this book; many of their helpful suggestions have been carried over to the present edition. I also wish to thank the editorial and production staffs at Wiley and Thomson Digital, especially Beth Golub, Elizabeth Mills, Katherine Willis, Jolene Ling, and Sanchari Sil, for their support during the various stages of the revision process for the fourth edition of Ethics and Technology. Finally, I must once again thank the two most important people in my life: my wife Joanne, and our daughter Regina. Without their continued support and extraordinary patience, the fourth edition of this book could not have been completed. This edition of Ethics and Technology is dedicated to the memory of my grandparents: Leon and Marian (Roberts) Hutton, and Antonio and Clelia (Giamberardino) Tavani. Herman T. Tavani Nashua, NH FFOR3GXML 10/20/2012 1:8:53 Page 29 c FOREWORD The computer/information revolution is shaping our world in ways it has been difficult to predict and to appreciate. When mainframe computers were developed in the 1940s and 1950s, some thought only a few computers would ever be needed in society. When personal computers were introduced in the 1980s, they were considered fascinating toys for hobbyists but not something serious businesses would ever use. When Web tools were initially created in the 1990s to enhance the Internet, they were a curiosity. Using the Web to observe the level of a coffee pot across an ocean was intriguing, at least for a few moments, but not of much practical use. Today, armed with the wisdom of hindsight, the impact of such computing advancements seems obvious, if not inevitable, to all of us. What government claims that it does not need computers? What major business does not have a Web address? How many people, even in the poorest of countries, are not aware of the use of cell phones? The computer/information revolution has changed our lives and has brought with it significant ethical, social, and professional issues; consider the area of privacy as but one example. Today, surveillance cameras are abundant, and facial recognition systems are effective even under less than ideal observing conditions. Information about buying habits, medical conditions, and human movements can be mined and correlated relentlessly using powerful computers. Individuals’ DNA information can easily be collected, stored, and transmitted throughout the world in seconds. This computer/information revolution has brought about unexpected capabilities and possibilities. The revolution is not only technological but also ethical, social, and professional. Our computerized world is perhaps not the world we expected, and, even to the extent that we expected it, it is not a world for which we have well-analyzed policies about how to behave. Now more than ever we need to take cyberethics seriously. Herman Tavani has written an excellent introduction to the field of cyberethics. His text differs from others in at least three important respects: First, the book is extraordinarily comprehensive and up to date in its subject matter. The text covers all of the standard topics such as codes of conduct, privacy, security, crime, intellectual property, and free speech, and also discusses sometimes overlooked subjects such as democracy, employment, access, and the digital divide. Tavani more than anyone else has tracked and published the bibliographical development of cyberethics over many years, and his expertise with this vast literature shines through in this volume. Second, the book approaches the subject matter of cyberethics from diverse points of view. Tavani examines issues from a social science perspective, from a philosophical perspective, and from a computing professional perspective, and then he suggests ways to integrate these diverse approaches. If the task of cyberethics is multidisciplinary, as many of us believe, then such a diverse but integrated methodology is crucial to accomplishing xxix FFOR3GXML 10/20/2012 1:8:53 Page 30 xxx c Foreword the task. His book is one of the few that constructs such a methodology. Third, the book is unusually helpful to students and teachers because it contains an entire chapter discussing critical thinking skills and is filled with review and discussion questions. The cyberage is going to evolve. The future details and applications are, as always, difficult to predict. But it is likely that computing power and bandwidth will continue to grow while computing devices themselves will shrink in size to the nanometer scale. More and more information devices will be inserted into our environment, our cars, our houses, our clothing, and us. Computers will become smarter. They will be made out of new materials, possibly biological. They will operate in new ways, possibly using quantum properties. The distinction between the virtual world and the real world will blur more and more. We need a good book in cyberethics to deal with the present and prepare us for this uncertain future. Tavani’s Ethics and Technology is such a book. James H. Moor Dartmouth College C013GXML 10/19/2012 20:48:52 Page 1 c CHAPTER 1 Introduction to Cyberethics: Concepts, Perspectives, and Methodological Frameworks Our primary objective in Chapter 1 is to introduce some foundational concepts and methodological frameworks that will be used in our analysis of specific cyberethics issues in subsequent chapters of this textbook. To accomplish this objective, we
define key terms such as cyberethics and cybertechnology;
describe key developmental phases in cybertechnology that influenced the evolution of cyberethics as a distinct field of applied ethics;
consider whether there is anything unique or special about cyberethics issues;
examine three distinct perspectives for identifying and approaching cyberethics issues;
propose a comprehensive methodological scheme for analyzing cyberethics issues. We begin by reflecting briefly on three scenarios, each illustrating a cluster of ethical issues that will be examined in detail in later chapters of this book. c SCENARIO 1–1: A Fatal Cyberbullying Incident on MySpace Megan Meier, a 13-year-old resident of Dardenne Prairie, Missouri, had an account on MySpace where she received a “friend” request from a user named Josh Evans. Evans, who claimed to be a 16-year-old boy, told Meier that he lived near her and was being home-schooled by his parents. At first, Evans sent flattering e-mails to Meier, which also suggested that he might be romantically interested in her. Soon, however, Evans’s remarks turned from compliments to insults, and Evans informed Meier that he was no longer sure that he wanted to be friends with her because he heard that she “wasn’t very nice to her friends.” Next, Meier noticed that some highly derogatory posts about her—e.g., “Megan Meier is a slut” and “Megan Meier is fat”—began to appear on MySpace. Meier, who was reported to have suffered from low self-esteem and depression, became increasingly distressed by the online harassment (cyberbullying) being directed at her—i.e., from both the 1 C013GXML 10/19/2012 20:48:52 Page 2 2 c Chapter 1. Introduction to Cyberethics: Concepts, Perspectives, and Methodological Frameworks insulting MySpace postings and hurtful e-mail messages she continued to receive from Evans. On October 17, 2006, Meier decided to end her life by hanging herself in her bedroom. An investigation of this incident, following Meier’s death, revealed that Josh Evans was not a teenage boy; she was Lori Drew, the 49-year-old mother of a former friend of Meier’s.1 & c SCENARIO 1–2: Contesting the Ownership of a Twitter Account Noah Kravitz was employed by PhoneDog Media, a mobile phone company, for nearly four years. PhoneDog had two divisions: an e-commerce site (phonedog.com) that sold mobile phones, and a blog that enabled customers to interact with the company. Kravitz created a blog on Twitter (called Phonedog_Noah) while employed at PhoneDog, and his blog attracted 17,000 followers by the time he left the company in October 2010. However, Kravitz informed PhoneDog that he wanted to keep his Twitter blog, with all of his followers; in return, Kravitz agreed that he would still “tweet” occasionally on behalf of his former company, under a new (Twitter) “handle,” or account name, NoahKravitz. Initially, PhoneDog seemed to have no problem with this arrangement. In July 2011, however, PhoneDog sued Kravitz, arguing that his list of Twitter followers was, in fact, a company list. PhoneDog also argued that it had invested a substantial amount of money in growing its customer list, which it considered to be the property of PhoneDog Media. The company (as of early 2012) is seeking $340,000 in damages—the amount that PhoneDog estimated it had lost based on 17,000 customers at $2.50 per customer over an eight-month period (following Kravitz’s departure from the company).2 & c SCENARIO 1–3: “The Washingtonienne” Blogger Jessica Cutler, a former staff assistant to U.S. Senator Michael DeWine (R-Ohio), authored an online diary (on blogger.com) under the pseudonym “The Washingtonienne.” In May 2004, she was fired when the contents of her diary appeared in Wonkette: The DC Gossip, a popular blog in the Washington D.C. area. Until her diary was discovered and published in Wonkette, Cutler assumed that it had been viewed by only a few of her fellow “staffers” (Washington D.C. staff assistants) who were interested in reading about the details of her romantic relationships and sexual encounters. In her diary, Cutler disclosed that she earned an annual salary of only $25,000 as a staffer and that most of her living expenses were “thankfully subsidized by a few generous older gentlemen.” She also described some details of her sexual relationships with these men, one of whom was married and an official in the George W. Bush administration. (Cutler did not use the real names of these men but instead referred to them via initials that could easily be linked to their actual identities.) Following her termination as a staffer, in response to the political fallout and the media attention resulting from the publication of her diary, Cutler was offered a book contract with a major publisher. She was also subsequently sued by one of the men implicated in her blog.3 & First, consider some ethical concerns that arise in the Megan Meier cyberbullying scenario. These include worries affecting anonymity and pseudonymity, deception, crime, legal liability, and moral responsibility. Should Lori Drew, as well as any other MySpace user, have been permitted to open an account on that social networking site (SNS) under an alias or pseudonym that also included a fictitious profile? Should MySpace, or any SNS, tolerate members who deceive, intimidate, or harass other users? Should users who create accounts on SNSs with the intention to deceive or harass others be subject to criminal prosecution? Should MySpace have been held legally liable, at least in some contributory sense, for Meier’s death? Also, do ordinary users of an SNS who discover that someone is being bullied in that online forum have a moral responsibility to inform the SNS? Do they also have a moral responsibility to inform that SNS if they C013GXML 10/19/2012 20:48:52 Page 3 1.1 Defining Key Terms: Cyberethics and Cybertechnology b 3 discover that someone has created a fraudulent account on their forum, which could be used to deceive and harass other members? These and similar questions are examined in detail in Chapters 7 and 11. Next, consider the scenario involving Twitter. Here, several important ethical, legal, and policy issues also arise—especially with respect to intellectual property rights and ownership of information. For example, can an employer’s customer list constitute a “trade secret,” as PhoneDog claimed? Should an employee be authorized to create a single Twitter account in which the followers are simultaneously interested both in the employer’s product and in the employee’s (private) blog? Should employees be allowed to post to their private accounts on SNSs, such as Twitter or Facebook, during work hours or, for that matter, whenever/wherever they are using an employer’s computing resources? If so, who has legal ownership rights to that information? A different, but somewhat related, question has to do with whether ordinary users should be able to post on their private SNS accounts anything they wish to say about their current or former employers, without first getting explicit permission to do so. Questions pertaining to these and related issues are examined in Chapters 8 and 9. Third, consider “The Washingtonienne” scenario, where a wide range of ethical and legal issues also arise. These include concerns affecting privacy, confidentiality, anonymity, free speech, defamation, and so forth. For example, did Cutler violate the privacy and confidentiality of her romantic partners through the remarks she made about them in her online diary? Should she be held liable for defamation because of the nature of her remarks about these individuals, or was she merely exercising her right to free speech? Was Cutler’s expectation of anonymity violated when she was eventually “outed” by Wonkette, or were the circumstances surrounding this incident no different from that of any author or journalist who writes under a pseudonym but whose real identity is eventually discovered and made public? Should Cutler’s online diary be considered a “public document” merely because it was on the Web, or did her diary also deserve some privacy protection because of the limited scope of its intended audience? Answers to these and related questions affecting blogs and the “blogosphere” are examined in Chapters 5, 9, and 11. The Meier, Twitter, and Washingtonienne scenarios provide us with particular contexts in which we can begin to think about a cluster of ethical issues affecting the use of computers and cybertechnology. A number of alternative examples could also have been used to illustrate many of the moral and legal concerns that arise in connection with this technology. In fact, examples abound. One has only to read a daily newspaper or view regular television news programs to be informed about controversial issues involving computers and the Internet, including questions that pertain to property, privacy, security, anonymity, crime, and jurisdiction. Ethical aspects of these issues are examined in the chapters comprising this textbook. In the remainder of Chapter 1, we identify and examine some key foundational concepts and frameworks in cyberethics. c 1.1 DEFINING KEY TERMS: CYBERETHICS AND CYBERTECHNOLOGY Before we propose a definition of cyberethics, it is important to note that the field of cyberethics can be viewed as a branch of (applied) ethics. In Chapter 2, where we define ethics as “the study of morality,” we provide a detailed account of what is meant by C013GXML 10/19/2012 20:48:52 Page 4 4 c Chapter 1. Introduction to Cyberethics: Concepts, Perspectives, and Methodological Frameworks morality and a moral system, and we also focus on some important aspects of theoretical, as opposed to, applied ethics. For example, both ethical concepts and ethical theories are also examined in detail in that chapter. There, we also include a “Getting Started” section on how to engage in ethical reasoning in general, as well as reasoning in the case of some specific moral dilemmas. In Chapter 1, however, our main focus is on clarifying some key cyber and cyber-related terms that will be used throughout the remaining chapters of this textbook. For our purpose, cyberethics can be defined as the study of moral, legal, and social issues involving cybertechnology. Cyberethics examines the impact of cybertechnology on our social, legal, and moral systems, and it evaluates the social policies and laws that have been framed in response to issues generated by its development and use. To grasp the significance of these reciprocal relationships, it is important to understand what is meant by the term cybertechnology. 1.1.1 What Is Cybertechnology? Cybertechnology, as used throughout this textbook, refers to a wide range of computing and communication devices, from stand-alone computers to connected, or networked, computing and communication technologies. These technologies include, but need not be limited to, devices such as “smart” phones, iPods, (electronic) “tablets,” personal computers (desktops and laptops), and large mainframe computers. Networked devices can be connected directly to the Internet, or they can be connected to other devices through one or more privately owned computer networks. Privately owned networks, in turn, include local area networks (LANs) and wide area networks (WANs). A LAN is a privately owned network of computers that span a limited geographical area, such as an office building or a small college campus. WANs, on the other hand, are privately owned networks of computers that are interconnected throughout a much broader geographic region. How exactly are LANs and WANs different from the Internet? In one sense, the Internet can be understood as the network of interconnected computer networks. A synthesis of contemporary information and communications technologies, the Internet evolved from an earlier United States Defense Department initiative (in the 1960s) known as the ARPANET. Unlike WANs and LANs, which are privately owned computer networks, the Internet is generally considered to be a public network, in the sense that much of the information available on the Internet resides in “public space” and is thus available to anyone. The Internet, which should be differentiated from the World Wide Web, includes several applications. The Web, based on hypertext transfer protocol (HTTP), is one application; other applications include file transfer protocol (FTP), Telnet, and e-mail. Because many users navigate the Internet by way of the Web, and because the majority of users conduct their online activities almost exclusively on the Web portion of the Internet, it is very easy to confuse the Web with the Internet. The Internet and privately owned computer networks, such as WANs and LANs, are perhaps the most common and well-known examples of cybertechnology. However, “cybertechnology” is used in this book to represent the entire range of computing systems, from stand-alone computers to privately owned networks to the Internet itself. “Cyberethics” refers to the study of moral, legal, and social issues involving those technologies. C013GXML 10/19/2012 20:48:52 Page 5 1.1 Defining Key Terms: Cyberethics and Cybertechnology b 5 1.1.2 Why the Term Cyberethics? Many authors have used the term “computer ethics” to describe the field that examines moral issues pertaining to computing and information technology (see, for example, Barger 2008; Johnson 2010). Others use the expression “information ethics” (e.g., Capurro 2007) to refer to a cluster of ethical concerns regarding the flow of information that is either enhanced or restricted by computer technology.4 Because of concerns about ethical issues involving the Internet in particular, some have also used the term “Internet ethics” (Langford 2000). Ethical issues examined in this textbook, however, are not limited to the Internet; they also include privately owned computer networks and interconnected communication technologies—i.e., technologies that we refer to collectively as cybertechnology. Hence, we use “cyberethics” to capture the wide range of moral issues involving cybertechnology. For our purposes, “cyberethics” is more accurate than “computer ethics” for two reasons. First, the term “computer ethics” can connote ethical issues associated with computing machines, and thus could be construed as pertaining to stand-alone or “unconnected computers.” Because computing technologies and communication technologies have converged in recent years, resulting in networked systems, a computer system may now be thought of more accurately as a new kind of medium than as a machine. Second, the term “computer ethics” might also suggest a field of study that is concerned exclusively with ethical issues affecting computer professionals. Although these issues are very important, and are examined in detail in Chapter 4 as well as in relevant sections of Chapters 6 and 12, we should note that the field of cyberethics is not limited to an analysis of moral issues that affect only professionals. “Cyberethics” is also more accurate, for our purposes, than “information ethics.” For one thing, “information ethics” is ambiguous because it can mean a specific methodological framework—i.e., Information Ethics (or IE)—for analyzing issues in cyberethics (Floridi 2007).5 Or it can connote a cluster of ethical issues of particular interest to professionals in the fields of library science and information science (Buchanan and Henderson 2009). In the latter sense, “information ethics” refers to ethical concerns affecting the free flow of, and unfettered access to, information, which include issues such as library censorship and intellectual freedom. (These issues are examined in Chapter 9.) Our analysis of cyberethics issues in this text, however, is not limited to controversies often considered under the heading “information ethics.” Given the wide range of moral issues examined in this book, the term “cyberethics” is also more comprehensive, and more appropriate, than “Internet ethics.” Although many of the issues considered under the heading cyberethics often pertain to the Internet, some issues examined in this textbook do not involve the Internet per se—for example, issues associated with computerized monitoring in the workplace, with professional responsibility for designing reliable computer hardware and software systems, and with the implications of cybertechnology for gender and race. We examine ethical issues that cut across the spectrum of devices and networked communication systems comprising cybertechnology, from stand-alone computers to networked systems. Finally, we should note that some issues in the emerging fields of “agent ethics,” “bot ethics,” “robo-ethics,” or what Wallach and Allen (2009) call “machine ethics,” overlap with a cluster of concerns examined under the heading of cyberethics. Wallach and Allen define machine ethics as a field that expands upon traditional computer ethics because it C013GXML 10/19/2012 20:48:52 Page 6 6 c Chapter 1. Introduction to Cyberethics: Concepts, Perspectives, and Methodological Frameworks shifts the main area of focus away from “what people do with computers to questions about what machines do by themselves.” It also focuses on questions having to do with whether computers can be autonomous agents capable of making good moral decisions. Research in machine ethics overlaps with the work of interdisciplinary researchers in the field of artificial intelligence (AI).6 We examine some aspects of this emerging field (or subfield of cyberethics) in Chapters 11 and 12. c 1.2 THE CYBERETHICS EVOLUTION: FOUR DEVELOPMENTAL PHASES IN CYBERTECHNOLOGY In describing the key evolutionary phases of cybertechnology and cyberethics, we begin by noting that the meaning of “computer” has evolved significantly since the 1940s. If you were to look up the meaning of that word in a dictionary written before World War II, you would most likely discover that a computer was defined as a person who calculated numbers. In the time period immediately following World War II, the term “computer” came to be identified with a (calculating) machine as opposed to a person (who calculated).7 By the 1980s, however, computers had shrunk in size considerably and they were beginning to be understood more in terms of desktop machines (that manipulated symbols as well as numbers), or as a new kind of medium for communication, rather than simply as machines that crunch numbers. As computers became increasingly connected to one another, they came to be associated with metaphors such as the “information superhighway” and cyberspace; today, many ordinary users tend to think about computers in terms of various Internet- and Web-based applications made possible by cybertechnology. In response to some social and ethical issues that were anticipated in connection with the use of electronic computers, the field that we now call cyberethics had its informal and humble beginnings in the late 1940s. It is interesting to note that during this period, when ENIAC (Electronic Numerical Integrator and Calculator)—the first electronic computer, developed at the University of Pennsylvania, became operational in 1946—some analysts confidently predicted that no more than five or six computers would ever need to be built. It is also interesting to point out that during this same period, a few insightful thinkers had already begun to describe some social and ethical concerns that would likely arise in connection with computing and cybertechnology.8 Although still a relatively young academic field, cyberethics has now matured to a point where several articles about its historical development have appeared in books and scholarly journals. For our purposes, the evolution of cyberethics can...
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