Semester 2 2016
COURSE TITLE :
PROFESSIONAL, ETHICAL &
LEGAL IMPLICATIONS OF
COMPUTING SYSTEMS
FACILITATOR :
NADINE MAITLAND
Prepared by Nadine Maitland
4/25/16
A change in you requires a change your Thinking
2
Have you taught about your how you think and what
shapes your thoughts?
What are your values?
Are you totally ethical ?
For things to change, you have to change. For things
to get better, you have to get better. (Jim Rohn)
Prepared by Nadine Maitland
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Food for thought
3
Not everything that counts can be counted, and not
everything that can be counted counts. (Sign hanging
on Einsteins office at Princeton University)
According to Albert Einstein the goal (of an
education) must be for the training of
independently acting and thinking individuals who
sees the service to community their highest life
achievement. Albert Einstein
Prepared by Nadine Maitland
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Growth in your field requires continuous learning
4
If we must learn and discuss important issues as it
relates to your field we must keep an open mind.
It is important to remember that poor ethical
behavior may adversely affect other people.
Poor ethical behavior can also hinder growth.
Prepared by Nadine Maitland
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What is Ethics
5
Rules/ guidelines to follow when interactions with
others as our actions affect others
An academic discipline (branch of philosophy) study of what it means to do the right thing
Assumes people are rational and make free choices
Involves the analysis and employment of concepts such as
right and wrong, good and evil, and responsibility.
Prepared by Nadine Maitland
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What is Ethics Contd.
6
Ethics comes from the Greek word eche, which
means character
According to Deborah Johnson writer of computer
Ethics the fourth edition: Ethics using a set of
concepts and theories used to make moral decisions
and provide justification for those rules (normative
view point).
Prepared by Nadine Maitland
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What is Ethics Contd.
7
The normative lens is one which we look at human
arrangement, choices and actions.
According to Robert C. Solomon in his article
Morality and the Good Life ethics is a set of
theories values or virtue of right (valuable action).
Prepared by Nadine Maitland
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Distinctions
8
Ethically mandatory (right)
Ethically prohibited (wrong)
Ethically acceptable (okay)
Negative rights (liberties)
The right to act without interference
The rights to life
Positive rights (claim-rights)
An obligation of some people to provide certain things for
others
Prepared by Nadine Maitland
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What is computer Ethics
9
Computer ethics was not commonly used until the mid-
1970s
Walter Maner defined computer ethics as ethical problems
aggravated, transformed or created by computer
technology.
James Moore defined computer ethics as a field concerned
with policy vacuums and conceptual muddles regarding
the social and ethical use of information technology
Prepared by Nadine Maitland
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What is Law
10
One definition is that law is a system of rules and guidelines
which are enforced through social institutions to govern
behavior. Laws are made by Governments.
The formation of laws themselves may be influenced by a
Constitution (written or unwritten) and the rights are
encoded therein.
Two types: Natural and Conventional
Conventional law is a system created by and for human
beings usually in public deliberations like a council of
elders or representatives in national legislatures. It derives
from that part of the moral code which is enforceable.
Prepared by Nadine Maitland
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Conventional law ( contd.)
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Conventional law is derived from or contingent
upon the mutual agreement of the parties, as
opposed to that created by or dependent upon a
statute or other act of the law.
Example
A home mortgage in which the interest rate is
agreed upon by the parties: Both the borrower and
the lender.
Prepared by Nadine Maitland
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Natural Law
12
Natural law is an unwritten but universal law. It is a
theory that states that an eternal, absolute moral law
can be discovered by reason and is derived from
reason.
It applies to all rational creatures, exists
independently of human preferences and
inclinations, and is applied cross culturally.
Prepared by Nadine Maitland
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Natural law (contd.)
13
According to the Internet Encyclopedia of
Philosophy
Natural law refers to a type of moral theory, as well
as to a type of legal theory, but the core claims of the
two kinds of theory are logically independent.
As discussed by Plato, Aristotle, and Aquinas :
Natural law moral theory states that , the moral
standards that govern human behavior are, in some
sense, objectively derived from the nature of human
beings and the nature of the world.
Prepared by Nadine Maitland
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The purpose of Law and Ethics
14
The role of conventional and natural law is to protect life,
liberty, and property of the group protected by these laws.
Every human society, whether civilized or primitive,
practices ethics because every society attaches a value, or a
continuum of good to bad, right to wrong, to each action
according to where that individuals action falls within the
domain of that societys rules and cannons donates a action
good or bad (Kizza, 1998,2013).
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Types of offences
15
Criminal offenses can be broken down into two
general categories
malum in se ("naturally evil as adjudged by the
sense of a civilized community)
malum prohibitum (wrong only because a statute
makes it so)
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The Distinction between Law and ethics
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A Venn diagram that best represents the conceptual
relationship between law & ethics
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Ethics should guide how we live
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STOP
For example, the ethical imperative do not steal
(applies to identity theft, hacking, and software
piracy and any criminal offence that contradicts
moral or ethical standards/ guidelines) this can be
justified using two ethical theories, i.e. deontology
and teleology (consequentialism)
START
Reading the ACM and IEEE Codes of Ethics
(basic concept: continually acquire skills)
Every man is guilty of all the good he did not do. FranoisMarie Arouet (1694 1778)
Prepared by Nadine Maitland
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Ethical Dilemma
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A ethical dilemma is a situation that there is an
apparent conflict between moral imperatives and
obeying one would result in violating another.
Example: Someone enters a house asking for the
whereabouts of a person they intend to kill. Ponder
whether it is right to lie about where this person is
located. There are two conflicting ethical
imperatives: do not lie and do not kill.
Prepared by Nadine Maitland
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Is Business Ethics an oxymoron?
19
Do Profits & Ethics mix?
You can make money helping others, e.g. sell shoes to help
those without shoes.
Do you believe biblical sayings?
The love of money root of all evil.
Money itself is not evil!
Reminder: You are responsible to not harm others.
Challenge: Are you responsible to help others?
Prepared by Nadine Maitland
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Why study ethics
20
Suggestion 1 : Degree in Computing without any
ethics component is good.
Rationale:
Is it a waste of time (are we just doing makeup
courses)
Can we really teach people ethics ?
Prepared by Nadine Maitland
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Why study ethics (contd)
21
Suggestion 2: Degree in Computing with classes that discuss
ethics is best.
Part of professional standard, e.g. ACM
Valued by SCIT staff & some SCIT graduates
Ethics classes can positively impact the thinking and/or
behaviour of some students
Highly intellectual mind game
Very important
Prepared by Nadine Maitland
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Etiquette & Ethos
22
Etiquette, one aspect of decorum, is a code that governs the
expectations of social behavior, according to the
conventional norm within a society, social class, or group.
It is usually un-written, and may be codified in written
form. Etiquette usually reflects code/formulas of conduct .
This is a code of behavior that delineates expectations for
social behavior according to contemporary conventional
norms within a society, social class, or group,
Ethos is the characteristic and distinguishing attitudes,
habits, beliefs, etc. of an individual or of a group example
( religious group)
Prepared by Nadine Maitland
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Individual Attributes of People
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Aptitude
Achievement
Attitude
Apathy: nuh care
Arrogance: bossy ( over estimate of self worth or low
estimate of others)
Alienation nutting nah gwan fi mi
Astute (whiz kid, filled with insight & solutions)
Prepared by Nadine Maitland
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What is professional ethics?
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There are special aspects to making ethical
decisions in a professional context.
According to Baase (2007) honesty is one of the
most fundamental ethical values; however, many
ethical problems are more subtle than the choice of
being honest or dishonest
Some ethical issues are controversial
Prepared by Nadine Maitland
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Elements of Professionalism
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Certification
(proof gone through the
academia )
Competent (ability to perform
competently and maintain quality)
Character (ethics)
Culture (ethos and etiquette)
Citizenry (law-abiding)
Prepared by Nadine Maitland
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Characteristics of a Profession
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Mastery of a Esoteric Body of Knowledge
Autonomy
Formal Organizations
Code of Ethics
Culture of Practice
Prepared by Nadine Maitland
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Benefits of Professionalism
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Appropriate conduct
(based on established morals)
Benefits to country/org./world (Leads to rewards)
Tangible contribution to society
Collective Status
Elevated Re-numeration
Prepared by Nadine Maitland
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Profession organization
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Professional and regulatory bodies play three roles (Harvey & Mason,
1995).
First, they are set up to safeguard the public interest. This is what gives
them their legitimacy.
Second, professional bodies also represent the interest of the
professional practitioners and they act as a professional association or
trade union (including legitimating restrictive practices), or as a
learned society contributing to continuous professional development.
Third, the professional or regulatory body represents its own selfinterest: the organizations act to maintain their own privileged and
powerful position as a controlling body. This is where control,
legitimated by public interest becomes confounded by control based on
self-interest.
Prepared by Nadine Maitland
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Profession organization (contd)
29
Professional bodies are organizations whose
members are individual professionals. It is
compulsory in some professions to be a part of a
member of the professional body.
In some professions you are required to have a
license to practice, or to be on a professional
register, in order to do their job. This is related to
how the profession is regulated i.e. who is
responsible for making sure that professionals
are doing their jobs properly.
Prepared by Nadine Maitland
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Profession organization (contd)
30
The professional bodies have varying functions : Ranging from
Set
and assess professional examinations
Publish professional journals or magazines
Provide networks for professionals to meet and discuss their field of expertise
Deal with complaints against professionals and implement disciplinary
procedures
Not all professional bodies have regulatory functions. In some professions it is
necessary to be registered with the regulator but not the professional body, who
may provide a set of services to their professional members without regulating
them.
Most professional bodies offer a way to climb up the membership ladder towards
being a Fellow or in some cases a Chartered professional.
Prepared by Nadine Maitland
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Codes of Ethics
31
Codes have been divided into primarily normative and
primarily regulatory codes.
In traditional professions such regulatory codes were justified as part
of the social contract the profession had with society. In return for
these enforceable moral promises, society granted the profession the
right to self-regulation.
A code can also be normative. Norms are "ethical rules of thumb."
They are rules that have been developed for analyzing and deciding
cases in a particular area of ethics. They tend to be less authoritative
than the basic duties stated in a regulatory code. They are a way of
formalizing, generalizing, and communicating ethical wisdom and
experience in a particular field.
Prepared by Nadine Maitland
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Trends in Codes of Ethics
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There are several concerns with regulatory type of codes.
First it leads to a "black letter law" approach to professional practice- if particular
action is not ruled out by the code then it is permissible.
In a rapidly changing discipline such codes are generally outdated and can
sometimes be very inflexible ( not able to address new issues that may arise)
Norms are very different from laws in that they are meant to
guide judgment rather than to regulate behavior.
In the early 1990's, the ACM, BCS, and IEEE codes were significantly
revised. The tendency of these revisions is away from regulatory codes
toward normative codes. These norms get written as imperatives.
Computer scientists and engineers have begun to develop a sense of
themselves as a profession.
Prepared by Nadine Maitland
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ACM Code of Ethics
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General Moral Imperatives
1.1
Contribute to society and human well being.
1.2
Avoid harm to others.
1.3
Be honest and trustworthy.
1.4
Be fair and take action not to discriminate.
Honor property rights including copyrights & patents.
Give proper credit for intellectual property.
Respect the privacy of others.
Honor confidentiality.
Prepared by Nadine Maitland
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ACM Code of Ethics
34
. More Specific Professional Responsibilities
2.1
Strive to achieve the highest quality, effectiveness and dignity in both the process
and products of professional work.
2.2
Acquire and maintain professional competence.
2.3
Know and respect existing laws pertaining to professional work.
2.4
Accept and provide appropriate professional review.
2.5
Give comprehensive and thorough evaluations of computer systems
and their impacts, including analysis of possible risks.
2.6
Honor contracts, agreements and assigned responsibilities.
2.7
Improve public understanding of computing and its consequences.
2.8
Access Computing and communication resources only when
authorized to do
so.
Prepared by Nadine Maitland
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ACM Code of Ethics
35
Organizational Leadership Imperatives
Articulate social responsibilities of members of an
organizational unit and encourage full acceptance of those
responsibilities.
Manage personnel and resources to design and build
information systems that enhance the quality of working life.
Acknowledge and support proper and authorized uses of an
organizations computing and communications resources.
Prepared by Nadine Maitland
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ACM Code of Ethics
36
II. More Specific Professional Responsibilities
2.1 Strive to achieve the highest quality,
effectiveness and dignity in both the process and
products of professional work.
2.2 Acquire and maintain professional
competence.
2.3 Know and respect existing laws pertaining to
professional work.
2.4 Accept and provide appropriate professional
review.
Prepared by Nadine Maitland
4/25/16
ACM Code of Ethics
37
2.5
Give comprehensive and thorough evaluations of
computer systems and their impacts, including
analysis of possible risks.
2.6
Honor contracts, agreements and assigned
responsibilities.
2.7
Improve public understanding of computing and its
consequences.
2.8 Access Computing and communication resources only
when authorized to do so.
Prepared by Nadine Maitland
4/25/16
ACM Code of Ethics
38
III. Organizational Leadership Imperatives
Articulate social responsibilities of members of an
organizational unit and encourage full acceptance of
those responsibilities.
Manage personnel and resources to design and build
information systems that enhance the quality of working
life.
Acknowledge and support proper and authorized uses of
an organizations computing and communications
resources.
Prepared by Nadine Maitland
4/25/16
ACM Code of Ethics
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Ensure that users and those who will be affected by a system have their needs
clearly articulated during the assessment and design of requirements. Later
the system must be validated to meet requirements.
Articulate and support policies that protect the dignity of users and others
affected by a computing system.
Create opportunities for members of the organization to learn the principles
and limitations of computer systems.
IV. Compliance with the Code
4.1 Uphold and promote the principles of this code.
4.2 Treat violations of this code as inconsistent with membership
Prepared by Nadine Maitland
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ACM Code of Ethics
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We, the members of the IEEE, in recognition of the
importance of our technologies in affecting the
quality of life throughout the world, and in
accepting a personal obligation to our profession,
its members and the communities we serve, do
hereby commit ourselves to the highest ethical and
professional conduct and agree:
To accept responsibility in making engineering
decisions consistent with the safety, health and
welfare of the public, and to disclose promptly
factors that might endanger the public or the
environment;
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ACM Code of Ethics
41
to avoid real or perceived conflicts of interest whenever
possible, and to disclose them to affected parties when they
do exist;
to be honest and realistic in stating claims or estimates
based on available data;
to reject bribery in all its forms;
Prepared by Nadine Maitland
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ACM Code of Ethics
42
To improve the understanding of
technology, its appropriate application, and
potential consequences;
To maintain and improve our technical
competence and to undertake technological
tasks for others only if qualified by training
or experience, or after full disclosure of
pertinent limitations;
To seek, accept, and offer honest criticism
of technical work, to acknowledge and
correct errors, and to credit properly the
contributions of others;
Prepared by Nadine Maitland
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ACM Code of Ethics
43
To treat fairly all persons regardless of such
factors as race, religion, gender, disability, age, or
national origin;
To avoid injuring others, their property,
reputation, or employment by false or malicious
action;
To assist colleagues and co-workers in their
professional development and to support them in
following this code of ethics.
Approved by the IEEE Board of Directors, August
1990
Prepared by Nadine Maitland
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Ethical Decision making
44
Phase 1: Brainstorming phase (BAASE 3rd Edition)
List all the people and organizations affected (stakeholders)
List risk, issues, problems and consequences
List benefits, identify who gets each benefit
In cases where there is no simple yes or no decision, but rather
one has to choose some action, list the possible course of
actions that can be taken
Prepared by Nadine Maitland
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Ethical Decision making contd.
45
Phase 2 : Analysis Phase
Identify the responsibility of the decision maker (both general
and professional ethics)
Identify the rights of the stake holders
Consider the impact of the action on the stakeholders. Analyze
consequences, risk, benefits, harms, cost of each course of
action.
Prepared by Nadine Maitland
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Ethical Decision making contd
46
Phase 2 continue
Identify the code of ethics that applies example ACM code and
also the guideline in section 9.5.3. consider the ethical theories
eg. (Kants and Mills) approaches then categorize actions as
ethically obligatory, ethically prohibited or ethically acceptable.
If there are several ethically acceptable options, select an
option, considering the ethical merits of each courtesy to
others, practicality, self interest, personal preferences etc.
Prepared by Nadine Maitland
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Food for thought
47
Even if you are on the right track, you will get run
over if you just sit there. (Will Rogers)
If you dont like something, change it. If you cant
change it, change the way you think about it. (Jim
Rohn)
Prepared by Nadine Maitland
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Assessment
48
Test
15%
Reflection Paper
10%
Individual Presentation
10%
Individual Participation
5%
Group Presentation
10%
Group Paper
10%
Final Examination
40%
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Text: Computer Ethics
Deborah Johnson
49
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50
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