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Overview of Ethics and
Information Technology

    AN OPEN EDUCATION RESOURCE
      DEVELOPED TO ENCOURAGE
STUDENTS TO THINK, DISCUSS AND LEARN
ABOUT ETHICAL CONCERNS IN COMPUTING

            MODULE ONE




           SUSAN BENNETT
Contents
                            2

 Objectives
 What are Ethics?
 Historical Determinants
 Contemporary Views
 General Ideas
 Legality
 Guidelines
 Codes of Ethics
 Computing Issues
Objectives of this resource
                            3

 To provide a foundational understanding of ethical
  theory
 To provide a process for analysing ethical situations
  and for making decisions in response to them
 To provide the opportunity for students to consider
  some ethical circumstances involving Information
  Technology that have the potential to harm
  individuals, organisations, or society
Introduction: What are “Ethics”?
                                                  4

 “The study of what it means to „do the right thing”
    (A Gift of Fire: Social, Legal, and Ethical Issues for Computing Technology, (4th ed) Sara Baase
     p.333)

 “Making a principle-based choice between
 competing alternatives”
    (Ethical decision making and information technology : an introduction with cases. E A Kallman &
     J P Grillo, p.3)

 Ethics comes from a Greek word meaning “usual” or
 “the instituted order”

    Making principled decisions
    Making defensible decisions
What are ethics?
                           5

 Principles based on our understanding of what is
  good, right, proper, moral, or ethical.
 Ideas of behaviour that are commonly acceptable to
  society
 We are influenced by a variety of sources such as
  family, religious institutions, educational
  institutions, professional organisations, government,
  etc.
Why care about ethics?
                                 6

 Self-interest:
   Some unethical actions are also illegal
   Some can effect our careers and reputation



 For the interest of the others
   Some unethical decisions can hurt other individuals, the
    organisation we work for, or society
   Ethical decision making impacts on the type of society that is
    created
   Ethical practices are a reflection of the factors that the
    members of a particular society place value on
What is Ethical Decision Making?
                            7

 When faced with an ethical dilemma the objective is
  to make a judgment based on well-reasoned,
  defensible ethical principles
 The risk is poor judgment i.e. a low-quality decision
 A low-quality decision can have a wide range of
  negative consequences
Historical Determination of Ethics
                                       8

 Religious ethical                        Ten Commandments
  standards–
  Judaism,
  Christianity and
  Islam
 Divine Command
  Theory
 Good actions are
  those aligned with
  the will of God
  and bad actions
  are contrary to the
  will of God.
Further Information on Christian Religion Beliefs
Historical Determination of Ethics
                                      9


 Community ethical standards. Usually a consensus
    interpretation of religious ethics but added to or
    modified where necessary


 Moral philosophers – Socrates and Plato – mused
    on the nature of men and of explanations for their
    actions

   More information about Socrates
   More information about Plato
Immanuel Kant
     10




             Philosopher.
              1724 - 1804
              Deontology
              Absolutism
            Kantian Ethics
          Stanford Encyclopedia of
          Philosophy - Deontology
Deontology
                                      11


              From the Greek word   deon meaning “Duty”
                                  Etymology
                       De (to disestablish connection).

                             Ontos (Greek ontoV
                              Meaning “being).



  Immanuel Kant‟s use of the word essentially means that we should “separate
 ourselves” and our own needs and preferences from our ethical decisions. Thus
                       we do right as a matter of “duty”



Our ethical methods and values should arise outside ourselves. They do not
                 depend on humans for their existence.
Kant‟s Principles
                           12


   Kantian Ethics – also known as Absolutism
   Based on the idea that the only consideration is
    the “Act” itself
   Actions are either intrinsically moral or not
    moral
   Decisions should be based on whether or not the
    action is a moral one
Kant‟s principles
                               13

1. The principle of CONSISTENCY: Judge your actions
   by considering the outcome should your action be made a
   universal law. (i.e. What if it was compulsory for everyone
   to do what you are doing?)

2. The principle of RESPECT: Always consider human
   beings as ends in themselves, never as means to an end.
   (i.e. Treat others as valued people. Never just use them for
   your purposes.) This is Kant‟s principle of “respect”.

3. The principle of DUTY: Actions performed out of a
   sense of duty (that also conform to 1 & 2 above) are
   morally praiseworthy actions.
Kant would say…
                            14


   We have responsibilities and duties.

   Some things are “right” and some are “wrong”
    regardless of whether we agree or not.

   Doing “right” will not necessarily be to our
    advantage. In fact, whether an action is or is not
    to our advantage is a very poor way of judging its
    merits.
Strengths of Kantian ethics
                             15


   In Theory it is based on “pure reason”:-

   Provides a much needed challenge to moral
    relativism.
   Facilitates ethics based on the big picture.
   What is seen as “hypothetical” is really a “logical
    extension” of consequences.
   Takes moral consequences seriously.
   Avoids problems caused by the complexity and
    diversity of human opinion, culture and need.
Challenges to Kantian ethics
                            16


   “Pure reason”:-

   Lacks compassion.
   Leaves no flexibility to take human frailty and
    diversity into account.
   Offers a single moral solution to what is really a
    complex and diverse problem.
   Can be challenged as “essentially hypothetical”.
   Can be challenged as being simplistic.
Contemporary Ethical Theory
                           17

 Emphasis on the individual rather than the
    community.
   Rights rather than duties or responsibilities.
   Harm minimisation.
   Relativism (rejection of external authority
    sources).
   Egoism
   Consequentialism. (Teleology = telos = goal)
Societal changes
                      18



 A move from Absolutism to Relativism


 Similar shift in Ethics towards the
 consequentialist approach , where the
 focus is on the results or the consequences
 of the “Act”
Relativism
                         19

 Relativism – No real distinction between truth and
 opinion. Right and wrong are relative to
 individual or community opinion.
 Subjective and Cultural
  No standards or rules of behaviour can be
   reasonably applied at all times and all places.
  Actions must be judged as moral depending on
   the time and culture in which they take place.
  What is considered moral can change
   considerably over time within a culture.
Utilitarianism
                                   20


Act and Rule
  Consequentialist  theory
  Attempts to determine whether an action is
   moral by considering the consequences.
  Actions are moral if they create the greatest
   happiness (utility) for the greatest number of
   people.

    Stanford Encyclopedia of Philosophy - Utilitarianism
The Morality of Murder?


 Whats the right thing to do? Professor Michael
 Sandel at Harvard Law
Two Types of Ethical Choices
                                   22

 Right vs wrong: choosing right from wrong is the
  easiest
 Right vs right
    Situation contains shades of gray i.e. all alternatives have
     desirable and undesirable results
    Choosing “the lesser of two evils”
    Objective: make a defensible decision
Choosing Right from Wrong
                          23

 Examples:
   Stealing
   Lying
   Murdering



 Society prohibits these acts


 Does the scale of the situation change things?


 Finders Keepers?
Scale


 Scale: Murder is murder.
 However, what about stealing? If you receive $100 in
  error in your bank account that you know is not
  yours, what do you do? What if it‟s $1,000? What if
  $100,000? What if $1?
 Finding things: Wallet with lots of money? Coins left
  in a phone box?
 Is Wrong a continuum from “badly wrong” to “not
  very wrong”? White lies? Telling the police you
  weren‟t speeding?
Choosing Right from Right

 Is it wrong to steal if your child is starving?
   It is right not to steal. It is right not to allow your child to
    starve.
 Is it wrong to lie to an ill friend?
   It is right to tell the truth. It is right to be optimistic when
    talking to a sick friend
 Ethical choice is often complex
Making Defensible Decisions
                                26

 First step in ethical decision making is to recognise
  that an ethical dilemma exists
 “defensible decision”
    Two well-meaning individuals can examine the same situation
     and arrive at different courses of action
 High-quality ethical decision: based on reason and
  can be defended according to ethical concepts
 Ethical decision making is not a science. It is
  however a skill -- a survival skill
Behavioural model for ethical decision making
                                 Govt/Legal
                                 Environment
         Work                    Legislation                         Social
         environment             Administrative                      environment
         Corporate goals         agencies
                                                                     Religious values
         Stated policy           Judicial system
                                                                     Humanistic values
         Corporate culture                                           Cultural values
                                                                     Societal values



Professional                    Decision Process
environment                     Information acquisition                 Ethical behaviour
Codes of conduct                Information processing    Decision
Licensing requirements          Cognitive process
                                                                        Unethical behaviour
Professional relationships      Percieved rewards
                                Percieved losses

                                                                     Individual attributes
                                                                     Moral level
                                                                     Personal goals
                                                                     Motivation mechanism
                                                                     Position/status
     Personal
                                                                     Self concept
     environment
                                                                     Life experiances
     Peer group                                                      Personallity
     Family
                                            27                       Demographics
Ethics vs Legality
                                    28


       Actions can be
        Ethical and legal
        Ethical but Illegal
        Not ethical but legal
        Not ethical and Illegal
       If case in 1 or 4, decision is obvious
       If case in 2 or 3, or if law is not clear then further
        analysis is needed.
       If law provides answer, no further investigation is
        needed
Actions can be…
                                   29


 Ethical and Legal                      Not Ethical and Not Legal
   Using licensed s/w                     Murder
   Obeying speed limit                    Sexual harassment

   Buying s/w online, buying cd           Child porn

 Not Ethical and Legal                    Downloading music

   Gambling                               Hacking any sites

   Having an affair                     Ethical and Not Legal
   Prostitution                           Vigilante stuff

   Visiting adult porn web site           Political activism

   strip clubs                            Smacking
What is the Law‟s Place in Morality?
                              30


Law is basically legislated morality. The purpose is to
   enforce penalties and sanctions upon those who do not
   act morally.

Laws are usually enacted when either
1. There is a need to restrain some morally harmful activity.
2. There is a risk that people may do something morally
   harmful.
3. When voluntary and professional restraints on morality
   either aren‟t working or the potential outcomes of
   immoral actions are sufficiently serious as to concern the
   whole community.
Progression from Morals to Law
                                     31
    Accepted Moral
                              No legal force. However, these
      constraints
                              behavioural constraints are agreed by
                              “Community Consensus” and enforced by
                              relational sanctions.

Quasi legal authority. Enforced outside
                                           Professional Codes of
of the legal system. These behavioural
                                              Ethics & “Good
constraints are agreed by the individual‟s
                                                 Practice
“Professional Body” and enforced by
professional sanctions.


            Legal authority. Codified and enacted
            by Parliament. Enforced by the justice            Legislative
            system. These moral constraints are             Constraints on
            agreed by the whole community and              business practice
            given “teeth” by the Law.
How is legislation developed?
                                 32


 Exercise:
   Investigate the mechanisms in your society for the
    development of new Law. Discuss with friends and colleagues
    what opportunities you have to participate in this process.
   Investigate the mechanisms in your society for the revision of
    existing Law. Discuss with friends and colleagues what
    opportunities you have to participate in this process.

     Develop a plan for participation based on the mechanisms
      used locally.
What is the New Zealand Parliament?
                                    33

 The supreme legislative power
     The Sovereign (Governor-General)
     The House of Representatives
 Four main functions
     Provide representation for the people
     Pass the legislation
     Scrutinise the activities of the Government
     Approve the supply of public funds to the Government
 Parliament makes the Law
 The Government administers the Law
 The judiciary (the courts) interprets the Law
 New Zealand Parliament
Legislative Process in New Zealand
                                 34

 The law is the framework within which citizens
  consent to be governed
 Legitimacy given by citizens to lawmakers by virtue
  of their election
 Citizens consent to abide by these laws
 Bills are proposed
    Government Bills – Policy platform
    Members Bills – Introduced by Ballot
    Local Bills – Promoted by Local Authorities
    Private Bills – Relate to exemptions from general law for an
     individual or group
How a Bill becomes an Act of Parliament
                                       Bill Introduced



                                1st Reading – Initial Debate


       Select Committee – Public submissions, Amendments, Reports to house


2nd Reading – Main Debate on the principles after amendments from Select Committee


        Committee of the whole house – Detailed consideration of each clause


             3rd Reading – Final Debate on whether bill should be passed


  Royal Assent – Governor General assents to the bill becoming an Act of Parliament


   (Office of the Clerk of the House of Representatives 2006)
Guidelines to Ethical Decision Making
                                   36

                     Informal Guidelines
           to recognise if facing an ethical problem
    Is there something you or others prefer to keep quiet?
       The shushers test: Who wants to keep things quiet?
       The Mum test: Would you be ashamed to tell your mother?
       The TV test: Would you be happy if your actions we on national
        TV
       The market test: Would your company be able to use the
        behaviour as a marketing tool?


   The smell test: does your instinct tells you something is
    wrong?
Informal Guidelines
                              37

 Does the behaviour violate the “Golden Rule”?
      treat others the way you wish them to treat you.

 This is the rule that most rational people use when
  making decisions about how to behave. It is very
  easy to determine whether we would like a
  particular thing to happen to us – so we are able to
  use the “other persons shoes test” in order to
  determine the appropriate action.
Informal Guidelines
                               38


 Exercise:
   Discuss with friends if you have used any of the informal
    guidelines in the last seven days?
   Write a list of those you used and for what reason.

   How helpful were these in deciding what the best behaviour
    should be.
Guidelines to Ethical Decision Making
                                     39

                     Formal Guidelines
   Is the act illegal?
   Does the act violate corporate policy?
   Does it violate corporate or professional code of
    conduct or ethics?
   What if all above guidelines not helpful?
       Look at ethical principles
Professional Codes of Ethics
                               40


 What characteristics mark a profession?
   Must have:

   Extensive training

   Intellectual skills

   Ability to provide an important service in society

   Might have:

   Certification or licensing requirement

   Organisation of members

   Autonomy

   Code of Ethics
Professional Codes of Ethics
                           41


 Professional groups often adopt particular standards
  and enshrine these is Codes of Conduct or Codes of
  Ethics
 In New Zealand computing professionals can be
  members of the Institute of Information Technology
  Professionals
 This group – IITP have a Code of Professional
  Conduct that guides members in their ethical
  decision making
Professional Codes of Ethics
                                42

 Exercise: IITP Code of Professional Conduct
 Read the IITP Code of Professional Conduct
   In particular, consider the Tenets of the Code (Pg 5)

   What ethical theories do you think underlie the tenets of the
    Code?
   Are they historical determinants, or more contemporary
    models?
   Are informal guidelines obvious in the tenets?

 Discuss your thoughts with others
   What are the sanctions for breaching the Code?
Computer Ethics vs Regular Ethics
                                 43

 Is there an ethical difference between browsing
 through someone‟s computer files and browsing
 through her desk drawer?
    No difference
    New technologies can make them seem different
    Technology makes some unethical actions easier to take and
     easier to conceal
    Technology makes it easier for people to be emotionally and
     physically distant from the consequences of their actions
Are “computer” ethics different?
                                  44

 Computers may provide more opportunities to
 breach ethics
    Opportunities: much more information is stored electronically
     now. Payroll data might be available more easily in a business,
     for example, whereas in the past it would have been locked
     away.
    Physical distance means you don‟t have to open any doors
     marked Private. “I only looked at the file, I didn‟t take it.”
    The volume of computer data also links to privacy issues.
Difficulties posed by computers
                                 45

 Altered relationship
   Personal contact reduced and the speed of the communication

 Electronic information is more fragile
   Easily changed

   More vulnerable to unauthorised access

   Easily reproduced without affect the original

 Protection of information needs conflict with the
  benefits of information sharing.
 Order of magnitude effect
     Effort effect
Order of Magnitude effect
                                46


 Many unethical activities that are possible without
 computers are not done because
    Their limited scope also limits the rewards (e.g. Scam
     letters)
 Computer use greatly increases the “effect” of some
 activities (e.g. SPAM) thus even a very small hit
 rate is worthwhile due to the vast (order of
 magnitude) of distribution.
The effort effect
                          47


 In any group of people some will do unethical
  things provided
   There is a reasonable chance of getting away with it.

   It is “worth the effort” (rewards greater than costs)

 Computers
   Reduce the effort for unethical users

   Offer anonymity

   Appear to provide barriers that make detection
    difficult
Why should we care?
                                      48

 Live an authentic life
     integrity
 Increase success
     Well suited to the kinds of interactions needed for a thriving business
 Cultivate inner peace
     Calmer and more focused
 Creates a stable society
     Ethical people working together in coordinated ways.
 May help in afterlife
     Religious traditions believe ethics is the key to something greater
Summary
                            49

 Ethical decisions impact on the quality of our lives
 Ethical expectations are all around us and influence
  our behaviour
 Ethical decisions are complex and may well differ
  over time
 Ethical decision making has been studied for
  centuries
 Computing provides a space for poor behaviour

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Overview of ethics and information technology

  • 1. Overview of Ethics and Information Technology AN OPEN EDUCATION RESOURCE DEVELOPED TO ENCOURAGE STUDENTS TO THINK, DISCUSS AND LEARN ABOUT ETHICAL CONCERNS IN COMPUTING MODULE ONE SUSAN BENNETT
  • 2. Contents 2  Objectives  What are Ethics?  Historical Determinants  Contemporary Views  General Ideas  Legality  Guidelines  Codes of Ethics  Computing Issues
  • 3. Objectives of this resource 3  To provide a foundational understanding of ethical theory  To provide a process for analysing ethical situations and for making decisions in response to them  To provide the opportunity for students to consider some ethical circumstances involving Information Technology that have the potential to harm individuals, organisations, or society
  • 4. Introduction: What are “Ethics”? 4  “The study of what it means to „do the right thing”  (A Gift of Fire: Social, Legal, and Ethical Issues for Computing Technology, (4th ed) Sara Baase p.333)  “Making a principle-based choice between competing alternatives”  (Ethical decision making and information technology : an introduction with cases. E A Kallman & J P Grillo, p.3)  Ethics comes from a Greek word meaning “usual” or “the instituted order”  Making principled decisions  Making defensible decisions
  • 5. What are ethics? 5  Principles based on our understanding of what is good, right, proper, moral, or ethical.  Ideas of behaviour that are commonly acceptable to society  We are influenced by a variety of sources such as family, religious institutions, educational institutions, professional organisations, government, etc.
  • 6. Why care about ethics? 6  Self-interest:  Some unethical actions are also illegal  Some can effect our careers and reputation  For the interest of the others  Some unethical decisions can hurt other individuals, the organisation we work for, or society  Ethical decision making impacts on the type of society that is created  Ethical practices are a reflection of the factors that the members of a particular society place value on
  • 7. What is Ethical Decision Making? 7  When faced with an ethical dilemma the objective is to make a judgment based on well-reasoned, defensible ethical principles  The risk is poor judgment i.e. a low-quality decision  A low-quality decision can have a wide range of negative consequences
  • 8. Historical Determination of Ethics 8  Religious ethical Ten Commandments standards– Judaism, Christianity and Islam  Divine Command Theory  Good actions are those aligned with the will of God and bad actions are contrary to the will of God. Further Information on Christian Religion Beliefs
  • 9. Historical Determination of Ethics 9  Community ethical standards. Usually a consensus interpretation of religious ethics but added to or modified where necessary  Moral philosophers – Socrates and Plato – mused on the nature of men and of explanations for their actions  More information about Socrates  More information about Plato
  • 10. Immanuel Kant 10 Philosopher. 1724 - 1804 Deontology Absolutism Kantian Ethics Stanford Encyclopedia of Philosophy - Deontology
  • 11. Deontology 11 From the Greek word deon meaning “Duty” Etymology De (to disestablish connection). Ontos (Greek ontoV Meaning “being). Immanuel Kant‟s use of the word essentially means that we should “separate ourselves” and our own needs and preferences from our ethical decisions. Thus we do right as a matter of “duty” Our ethical methods and values should arise outside ourselves. They do not depend on humans for their existence.
  • 12. Kant‟s Principles 12  Kantian Ethics – also known as Absolutism  Based on the idea that the only consideration is the “Act” itself  Actions are either intrinsically moral or not moral  Decisions should be based on whether or not the action is a moral one
  • 13. Kant‟s principles 13 1. The principle of CONSISTENCY: Judge your actions by considering the outcome should your action be made a universal law. (i.e. What if it was compulsory for everyone to do what you are doing?) 2. The principle of RESPECT: Always consider human beings as ends in themselves, never as means to an end. (i.e. Treat others as valued people. Never just use them for your purposes.) This is Kant‟s principle of “respect”. 3. The principle of DUTY: Actions performed out of a sense of duty (that also conform to 1 & 2 above) are morally praiseworthy actions.
  • 14. Kant would say… 14  We have responsibilities and duties.  Some things are “right” and some are “wrong” regardless of whether we agree or not.  Doing “right” will not necessarily be to our advantage. In fact, whether an action is or is not to our advantage is a very poor way of judging its merits.
  • 15. Strengths of Kantian ethics 15  In Theory it is based on “pure reason”:-  Provides a much needed challenge to moral relativism.  Facilitates ethics based on the big picture.  What is seen as “hypothetical” is really a “logical extension” of consequences.  Takes moral consequences seriously.  Avoids problems caused by the complexity and diversity of human opinion, culture and need.
  • 16. Challenges to Kantian ethics 16  “Pure reason”:-  Lacks compassion.  Leaves no flexibility to take human frailty and diversity into account.  Offers a single moral solution to what is really a complex and diverse problem.  Can be challenged as “essentially hypothetical”.  Can be challenged as being simplistic.
  • 17. Contemporary Ethical Theory 17  Emphasis on the individual rather than the community.  Rights rather than duties or responsibilities.  Harm minimisation.  Relativism (rejection of external authority sources).  Egoism  Consequentialism. (Teleology = telos = goal)
  • 18. Societal changes 18  A move from Absolutism to Relativism  Similar shift in Ethics towards the consequentialist approach , where the focus is on the results or the consequences of the “Act”
  • 19. Relativism 19  Relativism – No real distinction between truth and opinion. Right and wrong are relative to individual or community opinion. Subjective and Cultural  No standards or rules of behaviour can be reasonably applied at all times and all places.  Actions must be judged as moral depending on the time and culture in which they take place.  What is considered moral can change considerably over time within a culture.
  • 20. Utilitarianism 20 Act and Rule  Consequentialist theory  Attempts to determine whether an action is moral by considering the consequences.  Actions are moral if they create the greatest happiness (utility) for the greatest number of people.  Stanford Encyclopedia of Philosophy - Utilitarianism
  • 21. The Morality of Murder?  Whats the right thing to do? Professor Michael Sandel at Harvard Law
  • 22. Two Types of Ethical Choices 22  Right vs wrong: choosing right from wrong is the easiest  Right vs right  Situation contains shades of gray i.e. all alternatives have desirable and undesirable results  Choosing “the lesser of two evils”  Objective: make a defensible decision
  • 23. Choosing Right from Wrong 23  Examples:  Stealing  Lying  Murdering  Society prohibits these acts  Does the scale of the situation change things?  Finders Keepers?
  • 24. Scale  Scale: Murder is murder.  However, what about stealing? If you receive $100 in error in your bank account that you know is not yours, what do you do? What if it‟s $1,000? What if $100,000? What if $1?  Finding things: Wallet with lots of money? Coins left in a phone box?  Is Wrong a continuum from “badly wrong” to “not very wrong”? White lies? Telling the police you weren‟t speeding?
  • 25. Choosing Right from Right  Is it wrong to steal if your child is starving?  It is right not to steal. It is right not to allow your child to starve.  Is it wrong to lie to an ill friend?  It is right to tell the truth. It is right to be optimistic when talking to a sick friend  Ethical choice is often complex
  • 26. Making Defensible Decisions 26  First step in ethical decision making is to recognise that an ethical dilemma exists  “defensible decision”  Two well-meaning individuals can examine the same situation and arrive at different courses of action  High-quality ethical decision: based on reason and can be defended according to ethical concepts  Ethical decision making is not a science. It is however a skill -- a survival skill
  • 27. Behavioural model for ethical decision making Govt/Legal Environment Work Legislation Social environment Administrative environment Corporate goals agencies Religious values Stated policy Judicial system Humanistic values Corporate culture Cultural values Societal values Professional Decision Process environment Information acquisition Ethical behaviour Codes of conduct Information processing Decision Licensing requirements Cognitive process Unethical behaviour Professional relationships Percieved rewards Percieved losses Individual attributes Moral level Personal goals Motivation mechanism Position/status Personal Self concept environment Life experiances Peer group Personallity Family 27 Demographics
  • 28. Ethics vs Legality 28  Actions can be  Ethical and legal  Ethical but Illegal  Not ethical but legal  Not ethical and Illegal  If case in 1 or 4, decision is obvious  If case in 2 or 3, or if law is not clear then further analysis is needed.  If law provides answer, no further investigation is needed
  • 29. Actions can be… 29  Ethical and Legal  Not Ethical and Not Legal  Using licensed s/w  Murder  Obeying speed limit  Sexual harassment  Buying s/w online, buying cd  Child porn  Not Ethical and Legal  Downloading music  Gambling  Hacking any sites  Having an affair  Ethical and Not Legal  Prostitution  Vigilante stuff  Visiting adult porn web site  Political activism  strip clubs  Smacking
  • 30. What is the Law‟s Place in Morality? 30 Law is basically legislated morality. The purpose is to enforce penalties and sanctions upon those who do not act morally. Laws are usually enacted when either 1. There is a need to restrain some morally harmful activity. 2. There is a risk that people may do something morally harmful. 3. When voluntary and professional restraints on morality either aren‟t working or the potential outcomes of immoral actions are sufficiently serious as to concern the whole community.
  • 31. Progression from Morals to Law 31 Accepted Moral No legal force. However, these constraints behavioural constraints are agreed by “Community Consensus” and enforced by relational sanctions. Quasi legal authority. Enforced outside Professional Codes of of the legal system. These behavioural Ethics & “Good constraints are agreed by the individual‟s Practice “Professional Body” and enforced by professional sanctions. Legal authority. Codified and enacted by Parliament. Enforced by the justice Legislative system. These moral constraints are Constraints on agreed by the whole community and business practice given “teeth” by the Law.
  • 32. How is legislation developed? 32  Exercise:  Investigate the mechanisms in your society for the development of new Law. Discuss with friends and colleagues what opportunities you have to participate in this process.  Investigate the mechanisms in your society for the revision of existing Law. Discuss with friends and colleagues what opportunities you have to participate in this process.  Develop a plan for participation based on the mechanisms used locally.
  • 33. What is the New Zealand Parliament? 33  The supreme legislative power  The Sovereign (Governor-General)  The House of Representatives  Four main functions  Provide representation for the people  Pass the legislation  Scrutinise the activities of the Government  Approve the supply of public funds to the Government  Parliament makes the Law  The Government administers the Law  The judiciary (the courts) interprets the Law  New Zealand Parliament
  • 34. Legislative Process in New Zealand 34  The law is the framework within which citizens consent to be governed  Legitimacy given by citizens to lawmakers by virtue of their election  Citizens consent to abide by these laws  Bills are proposed  Government Bills – Policy platform  Members Bills – Introduced by Ballot  Local Bills – Promoted by Local Authorities  Private Bills – Relate to exemptions from general law for an individual or group
  • 35. How a Bill becomes an Act of Parliament Bill Introduced 1st Reading – Initial Debate Select Committee – Public submissions, Amendments, Reports to house 2nd Reading – Main Debate on the principles after amendments from Select Committee Committee of the whole house – Detailed consideration of each clause 3rd Reading – Final Debate on whether bill should be passed Royal Assent – Governor General assents to the bill becoming an Act of Parliament (Office of the Clerk of the House of Representatives 2006)
  • 36. Guidelines to Ethical Decision Making 36 Informal Guidelines to recognise if facing an ethical problem Is there something you or others prefer to keep quiet?  The shushers test: Who wants to keep things quiet?  The Mum test: Would you be ashamed to tell your mother?  The TV test: Would you be happy if your actions we on national TV  The market test: Would your company be able to use the behaviour as a marketing tool?  The smell test: does your instinct tells you something is wrong?
  • 37. Informal Guidelines 37  Does the behaviour violate the “Golden Rule”?  treat others the way you wish them to treat you.  This is the rule that most rational people use when making decisions about how to behave. It is very easy to determine whether we would like a particular thing to happen to us – so we are able to use the “other persons shoes test” in order to determine the appropriate action.
  • 38. Informal Guidelines 38  Exercise:  Discuss with friends if you have used any of the informal guidelines in the last seven days?  Write a list of those you used and for what reason.  How helpful were these in deciding what the best behaviour should be.
  • 39. Guidelines to Ethical Decision Making 39 Formal Guidelines  Is the act illegal?  Does the act violate corporate policy?  Does it violate corporate or professional code of conduct or ethics?  What if all above guidelines not helpful?  Look at ethical principles
  • 40. Professional Codes of Ethics 40  What characteristics mark a profession?  Must have:  Extensive training  Intellectual skills  Ability to provide an important service in society  Might have:  Certification or licensing requirement  Organisation of members  Autonomy  Code of Ethics
  • 41. Professional Codes of Ethics 41  Professional groups often adopt particular standards and enshrine these is Codes of Conduct or Codes of Ethics  In New Zealand computing professionals can be members of the Institute of Information Technology Professionals  This group – IITP have a Code of Professional Conduct that guides members in their ethical decision making
  • 42. Professional Codes of Ethics 42  Exercise: IITP Code of Professional Conduct  Read the IITP Code of Professional Conduct  In particular, consider the Tenets of the Code (Pg 5)  What ethical theories do you think underlie the tenets of the Code?  Are they historical determinants, or more contemporary models?  Are informal guidelines obvious in the tenets?  Discuss your thoughts with others  What are the sanctions for breaching the Code?
  • 43. Computer Ethics vs Regular Ethics 43  Is there an ethical difference between browsing through someone‟s computer files and browsing through her desk drawer?  No difference  New technologies can make them seem different  Technology makes some unethical actions easier to take and easier to conceal  Technology makes it easier for people to be emotionally and physically distant from the consequences of their actions
  • 44. Are “computer” ethics different? 44  Computers may provide more opportunities to breach ethics  Opportunities: much more information is stored electronically now. Payroll data might be available more easily in a business, for example, whereas in the past it would have been locked away.  Physical distance means you don‟t have to open any doors marked Private. “I only looked at the file, I didn‟t take it.”  The volume of computer data also links to privacy issues.
  • 45. Difficulties posed by computers 45  Altered relationship  Personal contact reduced and the speed of the communication  Electronic information is more fragile  Easily changed  More vulnerable to unauthorised access  Easily reproduced without affect the original  Protection of information needs conflict with the benefits of information sharing.  Order of magnitude effect  Effort effect
  • 46. Order of Magnitude effect 46  Many unethical activities that are possible without computers are not done because  Their limited scope also limits the rewards (e.g. Scam letters)  Computer use greatly increases the “effect” of some activities (e.g. SPAM) thus even a very small hit rate is worthwhile due to the vast (order of magnitude) of distribution.
  • 47. The effort effect 47  In any group of people some will do unethical things provided  There is a reasonable chance of getting away with it.  It is “worth the effort” (rewards greater than costs)  Computers  Reduce the effort for unethical users  Offer anonymity  Appear to provide barriers that make detection difficult
  • 48. Why should we care? 48  Live an authentic life  integrity  Increase success  Well suited to the kinds of interactions needed for a thriving business  Cultivate inner peace  Calmer and more focused  Creates a stable society  Ethical people working together in coordinated ways.  May help in afterlife  Religious traditions believe ethics is the key to something greater
  • 49. Summary 49  Ethical decisions impact on the quality of our lives  Ethical expectations are all around us and influence our behaviour  Ethical decisions are complex and may well differ over time  Ethical decision making has been studied for centuries  Computing provides a space for poor behaviour