D333 Summaries and Terms. Large Print
D333 Summaries and Terms. Large Print
What is ethics?
•Ethics is a code of behavior that is defined by the group to
which an individual belongs.
•Morals are the personal principles upon which an individual
bases his or her decisions about what is right and what is
wrong.
•A person who acts with integrity acts in accordance with a
personal code of principles.
•Law is a system of rules that tells us what we can and cannot
do. Laws are enforced by a set of institutions (the police,
courts, and law-making bodies).
•A code of ethics states the principles and core values that are
essential to one's work.
•Just because an activity is defined as legal does not mean that
it is ethical.
What trends have increased the likelihood of an unethical
behavior?
•Globalization has created a much more complex work
environment, making it more difficult to apply principles and
codes of ethics consistently.
•Organizations may be tempted to resort to unethical behavior
to maintain profits in today's more challenging and uncertain
economic climate.
•It is not unusual for powerful, highly successful individuals to
fail to act in morally appropriate ways as such people are often
aggressive in striving for what they want and are used to having
privileged access to information, people, and other resources.
Furthermore, their success often inflates their belief that they
have the ability and the right to manipulate the outcome of any
situation.
What is the right of privacy, and what is the basis for protecting
personal privacy under the law?
•The right of privacy is “the right to be left alone—the most
comprehensive of rights, and the right most valued by a free
people.”
•Information privacy is the combination of communications
privacy (the ability to communicate with others without those
communications being monitored by other persons or
organizations) and data privacy (the ability to limit access to
one's personal data by other individuals and organizations in
order to exercise a substantial degree of control over that data
and its use).
•The use of information technology in business requires
balancing the needs of those who use the information that is
collected against the rights and desires of the people whose
information is being used. A combination of approaches—new
laws, technical solutions, and privacy policies—is required to
balance the scales.
•The Fourth Amendment reads, “The right of the people to be
secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.” The courts
have ruled that without a reasonable expectation of privacy,
there is no privacy right to protect.
•Today, in addition to protection from government intrusion,
people want and need privacy protection from private industry.
For many, the existing hodgepodge of privacy laws and
practices fails to provide adequate protection and fuels a sense
of distrust and skepticism, and concerns over identity theft.
What are some of the laws that provide protection for the
privacy of personal data, and what are some of the associated
ethical issues?
•Few laws provide privacy protection from private industry and
there is no single, overarching national data privacy policy for
the United States.
•The Fair Credit Reporting Act regulates operations of credit
reporting bureaus.
•The Right to Financial Privacy Act protects the financial
records of financial institution customers from unauthorized
scrutiny by the federal government.
•The GLBA established mandatory guidelines for the collection
and disclosure of personal financial information by financial
institutions; requires financial institutions to document their
data security plans; and encourages institutions to implement
safeguards against pretexting.
•The Fair and Accurate Credit Transaction Act allows
consumers to request and obtain a free credit report each year
from each of the three consumer credit reporting agencies.
•The HIPAA defined numerous standards to improve the
portability and continuity of health insurance coverage; reduce
fraud, waste, and abuse in health insurance care and healthcare
delivery; and simplify the administration of health insurance.
•The American Recovery and Reinvestment Act included strong
privacy provisions for EHRs, including banning the sale of health
information, promoting the use of audit trails and encryption,
and providing rights of access for patients. It also mandated
that each individual whose health information has been
exposed be notified within 60 days after discovery of a data
breach.
•The FERPA provides students and their parents with specific
rights regarding the release of student records.
•The COPPA requires websites that cater to children to offer
comprehensive privacy policies, notify parents or guardians
about their data collection practices, and receive parental
consent before collecting any personal information from
children under the age of 13.
•Title III of the Omnibus Crime Control and Safe Streets Act
(also known as the Wiretap Act) regulates the interception of
wire (telephone) and oral communications.
•The FISA describes procedures for the electronic surveillance
and collection of foreign intelligence information between
foreign powers and agents of foreign powers.
•Executive Order 12333 identifies the various government
intelligence-gathering agencies and defines what information
can be collected, retained, and disseminated by the agencies. It
allows for the tangential collection of U.S. citizen data—even
when those citizens are not specifically targeted.
•The ECPA deals with the protection of communications while
in transit from sender to receiver; the protection of
communications held in electronic storage; and the prohibition
of devices from recording dialing, routing, addressing, and
signaling information without a search warrant.
•The CALEA requires the telecommunications industry to build
tools into its products that federal investigators can use—after
gaining a court order—to eavesdrop on conversations and
intercept electronic communications.
•The USA PATRIOT Act modified 15 existing statutes and gave
sweeping new powers both to domestic law enforcement and
to international intelligence agencies, including increasing the
ability of law enforcement agencies to eavesdrop on telephone
communication, intercept email messages, and search medical,
financial, and other records; the act also eased restrictions on
foreign intelligence gathering in the United States.
•The Foreign Intelligence Surveillance Act Amendments Act of
2004 authorized intelligence gathering on individuals not
affiliated with any known terrorist organization (so-called lone
wolves).
•The Foreign Intelligence Surveillance Act of 1978 Amendments
Act of 2008 granted the NSA expanded authority to collect,
without court-approved warrants, international
communications as they flow through the U.S.
telecommunications equipment and facilities.
•The PATRIOT Sunsets Extension Act granted a four-year
extension of provisions of the USA PATRIOT Act that allowed
roving wiretaps and searches of business records. It also
extended authorization intelligence gathering on “lone wolves.”
•USA Freedom Act terminated the bulk collection of telephone
metadata by the NSA instead requiring telecommunications
carriers to hold the data and respond to NSA queries for data.
The act also restored authorization for roving wiretaps and the
tracking of lone wolf terrorists.
•“Fair information practices” is a term for a set of guidelines
that govern the collection and use of personal data. Various
organizations as well as countries have developed their own set
of such guidelines and call them by different names.
•The OECD for the Protection of Privacy and Transborder Data
Flows of Personal Data created a set of fair information
practices that are often held up as the model for organizations
to adopt for the ethical treatment of consumer data.
•The European Union Data Protection Directive requires
member countries to ensure that data transferred to non-EU
countries is protected. It also bars the export of data to
countries that do not have data privacy protection standards
comparable to those of the EU. After the passage of this
directive, the EU and the United States worked out an
agreement that allowed U.S. companies that were certified as
meeting certain “safe harbor” principles to process and store
data of European consumers and companies.
•The European–United States Privacy Shield Data Transfer
Program Guidelines is a stopgap measure that allows
businesses to transfer personal data about European citizens to
the United States. The guidelines were established after the
European Court of Justice declared invalid the Safe Harbor
agreement between the EU and the United States.
•The GDPR takes effect in May 2018 and addresses the export
of personal data outside the EU enabling citizens to see and
correct their personal data, standardizing data privacy
regulations within the EU, and establishing substantial penalties
for violation of its guidelines.
•The FOIA grants citizens the right to access certain information
and records of the federal government upon request.
•The Privacy Act prohibits U.S. government agencies from
concealing the existence of any personal data record-keeping
system.
What are some key federal laws that affect online freedom of
expression, and how do they impact organizations?
•Although there are clear and convincing arguments to support
freedom of speech on the Internet, the issue is complicated by
the ease with which children can use the Internet to gain access
to material that many parents and others feel is inappropriate
for children. The conundrum is that it is difficult to restrict
children’s Internet access without also restricting adults’ access.
•The U.S. government has passed several laws to attempt to
address this issue, including the Communications Decency Act
(CDA), which is aimed at protecting children from online
pornography, and the Child Online Protection Act (COPA),
which prohibits making harmful material available to minors via
the Internet. Both laws were ultimately ruled largely
unconstitutional. However, Section 230 of the CDA, which was
not ruled unconstitutional, provides immunity from defamation
charges to ISPs that publish user-generated content, as long as
they do not also serve as a content provider.
•Software manufacturers have developed Internet filters,
which are designed to block access to objectionable material
through a combination of URL, keyword, and dynamic content
filtering.
•The Children’s Internet Protection Act (CIPA) requires federally
financed schools and libraries to use filters to block computer
access to any material considered harmful to minors. In United
States v. American Library Association, Inc., the American
Library Association challenged CIPA. Ultimately in that case, the
Supreme Court made it clear that the constitutionality of
government-mandated filtering schemes depends on adult
patrons’ ability to request and receive unrestricted access to
protected speech.
•The Digital Millennium Copyright Act (DMCA) addresses a
number of copyright-related issues, with Title II of the act
providing limitations on the liability of an ISP for copyright
infringement.
What important freedom of expression issues relate to the use
of information technology?
•Internet censorship is the control or suppression of the
publishing or accessing of information on the Internet. There
are many forms of Internet censorship. Many countries practice
some form of Internet censorship.
•A SLAPP (strategic lawsuit against public participation) is a
lawsuit filed by corporations, government officials, and others
against citizens and community groups who oppose them on
matters of concern. Anti-SLAPP laws are designed to reduce
frivolous SLAPPs. As of 2015, 28 states and the District of
Columbia have put into effect anti-SLAPP legislation to protect
people who are the target of a SLAPP.
•Anonymous expression is the expression of opinions by people
who do not reveal their identity. The freedom to express an
opinion without fear of reprisal is an important right of a
democratic society. Anonymity is even more important in
countries that don’t allow free speech. Maintaining anonymity
on the Internet is important to some computer users. Such
users sometimes use an anonymous remailer service, which
strips the originating header and/or IP address from the
message and then forwards the message to its intended
recipient.
•Doxing involves doing research on the Internet to obtain
someone’s private personal information (such as home
address, email address, phone numbers, and place of
employment) and even private electronic documents (such as
photographs), and then posting that information online without
permission.
•Many businesses monitor the web for the public expression of
opinions that might hurt their reputations. They also try to
guard against the public sharing of company confidential
information.
•Organizations may file a John Doe lawsuit to enable them to
gain subpoena power in an effort to learn the identity of
anonymous Internet users who they believe have caused some
form of harm to the organization through their postings.
•In the United States, speech that is merely annoying, critical,
demeaning, or offensive enjoys protection under the First
Amendment. Legal recourse is possible only when hate speech
turns into clear threats and intimidation against specific
citizens.
•Some ISPs and social networking sites have voluntarily agreed
to prohibit their subscribers and members from sending hate
messages using their services. Because such prohibitions can be
included in the service contracts between a private ISP and its
subscribers or a social networking site and it members—and do
not involve the federal government—they do not violate
subscribers’ First Amendment rights.
•Many adults, including some free-speech advocates, believe
there is nothing illegal or wrong about purchasing adult
pornographic material made by and for consenting adults.
However, organizations must be very careful when dealing with
pornography in the workplace. As long as companies can show
that they were taking reasonable steps to prevent
pornography, they have a valid defense if they are subject to a
sexual harassment lawsuit.
•Reasonable steps include establishing a computer usage policy
that prohibits access to pornography sites, identifying those
who violate the policy, and taking action against those users—
regardless of how embarrassing it is for the users or how
harmful it might be for the company.
•Sexting—sending sexual messages, nude or seminude photos,
or sexually explicit videos over a cell phone—is a fast-growing
trend that can lead to many problems for both senders and
receivers.
•The Controlling the Assault of Non Solicited Pornography and
Marketing (CAN-SPAM) Act specifies requirements that
commercial emailers must follow when sending out messages
that advertise a commercial product or service. The CAN-SPAM
Act is also sometimes used in the fight against the
dissemination of pornography.
•The proliferation of online sources of information and opinion
means that the Internet is full of “news” accounts that are, in
fact, highly opinionated, fictionalized, or satirical accounts of
current events presented in journalistic style.
Chapter 6 summary: Intellectual property
What are some of the key ethical issues associated with the use
of social networks and other social media?
•Cyberabuse is any form of mistreatment or lack of care, both
physical and mental, based on the use of an electronic
communications device that causes harm and distress to
others.
•Nearly three-quarters of U.S. Internet users have witnessed
online harassment or abuse and almost half have personally
experienced it.
•Cyberharassment is a form of cyberabuse in which the abusive
behavior, which involves the use of an electronic
communications device, is degrading, humiliating, hurtful,
insulting, intimidating, malicious, or otherwise offensive to an
individual or group of individuals causing substantial emotional
distress.
•Cyberstalking is also a form of cyberabuse that consists of a
long-term pattern of unwanted persistent pursuit and intrusive
behavior (involving the use of an electronic communications
device) that is directed by one person against another that
causes fear and distress in the victim.
•The National Center for Victims of Crime offers tips on how to
combat cyberstalking.
•The 1994 Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act set requirements for
sex offender registration and notification in the United States.
It also that states create websites that provide information on
sex offenders within the state.
•The Sex Offender Registration and Notification Provisions
(SORNA) of the Adam Walsh Child Protection and Safety Act of
2006 set national standards that govern which sex offenders
must register and what data must be captured.
•Most social networking platforms have terms of use
agreements, a privacy policy, or a content code of conduct that
summarizes key legal aspects regarding use of the platform.
Typically, the terms state that the platform has the right to
delete material and terminate user accounts that violate its
policies. These policies can be difficult to enforce.
•Inappropriate material posted online includes nonconsensual
posts that include intimate photos or videos of people without
their permission; such posts are often referred to as “revenge
porn.” This type of content is often uploaded by ex-partners
with an intention to shame, embarrass, and/or harass their
former partner.
•The First Amendment of the U.S. Constitution protects the
right of freedom of expression from government interference,
however, it does not prohibit free speech interference by
private employers.
•Organizations should put in place a social media policy to
avoid legal issues and set clear guidelines and expectations for
employees.
•The increased risk of accidents associated with social media
interaction while driving, the tendency of many social media
users to become narcissist in their postings, and the ability to
perform self-image manipulation are additional social media
issues.