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Chapter 7 – Quiz 7

Instructions:  There are four (4) topic areas listed below that are designed to measure your knowledge level specific to learning outcome (LO 7) shown in your course syllabus.  You must respond to #3 and select any other two of these topic areas providing appropriate responses in essay form.  In most cases the topic area has several components. Each must be addressed to properly satisfy requirements.

State-wide and in most professional industries, there has been a mandate that college students be more proficient in their writing. While this is not a writing class, all writing assignments will be graded for grammar, syntax and typographical correctness to help address this mandate.

Pay attention to what you are being asked to do (see Grading Rubric below). For example, to describe does not mean to list, but to tell about or illustrate in more than two or three sentences, providing appropriate arguments for your responses using theories discussed in our textBe sure to address all parts of the topic question as most have multiple parts. A verifiable current event (less than 4 years old) relevant to at least one of the topics you respond to is a fundamental component of your quiz as well.  You cannot use information from the text book or any book/article by the author of the text book as a current event.  Make sure that your reference has a date of publication.  For each chapter quiz and final quiz you are required to find and include at least one reference and reference citation to a current event less than 4 years old (a reference with no date (n.d.) is not acceptable) in answer to at least one question.  This requires a reference citation in the text of your answer and a reference at the end of the question to which the reference applies.  You must include some information obtained from the reference in your answer.  The references must be found on the internet and you must include a URL in your reference so that the reference can be verified. 

You may type your responses directly under the appropriate question.  Be sure to include the question you are responding to and your name on the quiz.  Only the first three (3) questions with answers will be graded.   Include your name in the document filename. Your completed quiz must be placed in the appropriate Dropbox, no later than 11:59pm on the due date.   Do well.

  1.  Using argument components discussed in Chapter 3, assess arguments for and against the use of biometric technologies for security, especially in airports and large stadiums. (a) Should biometric technologies such as face-recognition programs and iris scanners be used in public places to catch criminals? Since 9/11 there is much more support for these technologies than there was when biometrics were used at Super Bowl XXXV in January 2001. (b) Granted that such technologies can help the government to catch criminals and suspected terrorists, what kinds of issues do they raise from a civil liberties perspective? (c) Compare the arguments for and against the use of biometric technologies in tracking down criminals to arguments discussed in Chapter 5. (d) Do you support the use of biometrics in large, public gathering places in the United States? Defend your answer. Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses. (comprehension)
  2. In looking at the case of Internet entrapment involving a pedophile that was discussed in this chapter (a) which arguments can be made in favor of entrapment or “sting operations” on the internet? (b) From a utilitarian perspective, entrapment might seem like a good thing because it may achieve desirable consequences, but can it be defended on constitutional grounds in the United States? (c) Justify your position by appealing to one or more of the ethical theories described back in Chapter 2. Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses. (comprehension)
  3. (a) Are the distinctions that were drawn between cyberspecific and cyberrelated crimes useful? (b) Why would cyberstalking be classified as a cyberrelated crime, according to this distinction? (c) Among cyberrelated crimes, is it useful to distinguish further between cyberexacerbated and cyberassisted crimes? (d) Why would cyberstalking be categorized as a “cyberexacerbated” rather than a cyberassisted crime? (e) Why not simply call every crime in which cybertechnology is either used or present a cybercrime? (f) Would doing so pose any problems for drafting coherent cybercrime legislation? Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses. (comprehension)
  4. (a) What implications does the conviction of the four cofounders of The Pirate Bay Web site (in 2009) have for international attempts to prosecute intellectual property crimes globally? (b) Should the four men also have been required to stand trial in all of the countries in which copyrighted material had been downloaded from their Web site? (c) Will the outcome of The Pirate Bay trail likely deter individuals and organizations, worldwide, from setting up future P2P sites that allow the illicit file sharing of copyrighted material?  Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses. (comprehension)

Grading Rubric for Quizzes

Grading criterion                                                                                          Unit Points           Total Points

Uploaded to correct Dropbox                                                                            2                            2

Submitted on time                                                                                            15                          15

Document Filename:

Your Last Name,first and middle initial with correct quiz number                   5                            5

(Example only: Creider_RD_q1)

Rationally expressed opinions, experiences (personal or observed),                  8

arguments and premises (where appropriate) to support responses

(did not simply restate/summarize author/textbook

Clearly presented classical ethics theories relative to topic                                8

Included ‘URL’ for appropriate verifiable current event                                 12                          28

(i.e., example of topic being discussed WITH EXPLANATION)

 NOTE: Must be less than 4 years old

Grammatically correct and appropriate tone                                10

(professional, non offensive language)

Typographically correct                                                               10                     20

Included full citations as needed                                                    3

Used correct APA format                                                               7                     10

Addressed each item within selected topic area                           20                     20

Maximum grade                                                                         100                   100

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�F O U R T H E D I T I O N ETHICS AND

TECHNOLOGY Controversies, Questions, and Strategies

for Ethical Computing

HERMAN T. TAVANI Rivier University

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VP & Executive Publisher: Donald Fowley Executive Editor: Beth Lang Golub Editorial Assistant: Katherine Willis Marketing Manager: Chris Ruel Marketing Assistant: Marissa Carroll Associate Production Manager: Joyce Poh Production Editor: Jolene Ling Designer: Kenji Ngieng Cover Photo Credit: Bernhard Lang/Getty Images, Inc. Production Management Services: 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.

Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the worldmeet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical conduct within our business and among our vendors, and community and charitable support. For more information, please visit our website: www.wiley.com/go/citizenship.

Copyright# 2013, 2011, 2007, 2004 JohnWiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976United States CopyrightAct, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the PermissionsDepartment, JohnWiley& Sons, Inc., 111 River Street, Hoboken, NJ 07030- 5774, (201)748-6011, fax (201)748-6008, website http://www.wiley.com/go/permissions.

Evaluation copies are provided to qualified academics and professionals for review purposes only, for use in their courses during the next academic year. These copies are licensed and may not be sold or transferred to a third party. 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

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In memory of my grandparents, Leon and Marian (Roberts) Hutton,

and Antonio and Clelia (Giamberardino) Tavani

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� CONTENTS AT A GLANCE

PREFACE xvii

ACKNOWLEDGMENTS xxvii

FOREWORD 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 131

CHAPTER 6. SECURITY IN CYBERSPACE 174

CHAPTER 7. CYBERCRIME AND CYBER-RELATED CRIMES 201

CHAPTER 8. INTELLECTUAL PROPERTY DISPUTES IN CYBERSPACE 230

CHAPTER 9. REGULATING COMMERCE AND SPEECH IN CYBERSPACE 269

CHAPTER 10. THE DIGITAL DIVIDE, DEMOCRACY, AND WORK 303

CHAPTER 11. ONLINE COMMUNITIES, CYBER IDENTITIES, AND SOCIAL NETWORKS 337

CHAPTER 12. ETHICAL ASPECTS OF EMERGING AND CONVERGING TECHNOLOGIES 368

GLOSSARY 411

INDEX 417

v

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� 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 xxiv A Note to Computer Science Instructors xxv

ACKNOWLEDGMENTS xxvii FOREWORD xxix

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

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Review Questions 28 Discussion Questions 29 Essay/Presentation Questions 29 Scenarios for Analysis 29 Endnotes 30 References 31 Further Readings 32 Online Resources 32

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 38

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

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References 73 Further Readings 73

c CHAPTER 3

CRITICAL REASONING SKILLS FOR EVALUATING DISPUTES IN CYBERETHICS 74

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 75 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

c CHAPTER 4

PROFESSIONAL ETHICS, CODES OF CONDUCT, AND MORAL RESPONSIBILITY 101

4.1 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

4.2 Do Computer/IT Professionals Have Any Special Moral Responsibilities? 105 4.2.1 Safety-Critical Software 105

4.3 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

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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 131

5.1 Are Privacy Concerns Associated with Cybertechnology Unique or Special? 132 5.2 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

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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 175

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

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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 201

7.1 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

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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 230

8.1 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

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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 269

9.1 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 SomeArgumentsAdvanced byNetNeutrality’s Proponents andOpponents 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

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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 345 11.2.3 Misrepresentation, Bias, and Indecent Representations in VR Applications 349

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

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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 411

INDEX 417

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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 Cloud- based 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 clan- destine 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 responsi- ble 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 …