CS 105 Test 1

fair use doctrine

"criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." 4 Factors in Detemrination 1. Purpose and nature of secondary use 2. Nature of copyrighted work 3. Size and significance of portion 4. Effect of the use on the potential market for or value of the copyrighted work - search engine caching result: display small excercepts is fair use; however, Google lost one case and now negotiates licensing agreements

sharing of intellectual property

"fuzziness" about the ethics of copying; owners recieve nothing for something; various arguements with plagarism and copyright

the change of pace in tech

- Information, people, and goods that took years to travel now do so efficiently - Technology is used everyday, making changes to how we work + play, obtain info, communicate, and organize the family - Speed + Magnitude: (e.g.) computers be a whole room → wearable smart device - Social impacts + Controversies: changed w/ its development (e.g.) antisocial to social

Why is the digital world so vulnerable (pp 265)

- Inherent complexity of computer systems, - The development history of the Internet and the Web, - The software and communications systems that run - Phones, the Web, industrial systems, and the many interconnected devices we use, - The speed at which new applications develop, - Economic, business, and political factors, and human nature.

piracy / international piracy

- Some countries do not recognize or protect intellectual property - Countries that have high piracy rates often do not have a significant software industry - Many countries that have a high amount of piracy are exporting the pirated copies to countries with strict copyright laws - Economic sanctions often penalize legitimate businesses, not those they seek to target

social networking

- began as a directory system but then came a way to share lives. - Allowed for positive and negative unanticipated uses (e.g. crowdfunding and stalking) - increased threat to privacy; however companies create privacy control and systems to reduce problems yet no elimination - social bot and anonymity results in unknown dangers and fake relationships.

tools to protect systems and identify

- biometrics - 2-factor authentication - anti-malware software - encryption - firewalls

thwarting copyright infringement with technology

- copy protection - software police - lawsuits - Digital Rights Management: collection of techniques that control uses of intellectual property in digital formats; includes hardware and software schemes using encryptio; the producer of a file has flexibility to specify what a user may do with it

communication on the web

- digital communication's magnitude increase exponentially. - WWW created to share research; however, it began to be used by lay people and results in access to information and audiences once unimaginable such as being able to innovate without permission. - blogging and videos have resulted in a new industry and increase in connectivity - impact is less dramatic in remote or less developed areas. Allowed collaboration environment that is beneficial but also dangerous (e.g. telemedicine and riots)

reponsibilities of website operators for leaks

- ensure site is not abused - have sufficient security to protect the whistleblowers - well-thought-out policy about how to handle requests or demands from law enforcements agencies for the identify of a person supplying documents - veritification of the authenticity and validity of leaked documents

legality and ethics

- ethics precedes law as it determines whether or not we should pass it. - laws are the enforcement of ethical principles; however, it does not always fall under ethical guidelines. Ethics fills the gap between general legal standards that apply to all cases and the particular choices made in specific cases.

stingrays

- government law enforcement devices to locate a person by locating the person's mobile phone by simulating a cell phone tower and agents drive or fly with it in the area where they believe the peson to be - do not have to enter private premises or physically attach anything to individual's property - used to triangulate the exact location of individuals

use of SSN for identification

- not intended to be a general, identification number and being used as such has resulted in damaged privacy and financial security. - too widely used and easily falsifiable - new proposed systems required citizenship, employment, health, tax, financial, or other data, as well as biometric information; in many proposals, the cards would also access a variety of databases for additional information

software patent issues

- patent trends: courts attempt to lessen or reverse decsions on questionable patents through clarification questionable patents - patent hording/collecting: licensing-patenting firms will buy patents from individuals and companies but not make a patent themselves to earn money from litigiations - to patent or not patent software: PRO: 1.Reward inventors for their creative work 2. Encourage inventors to disclose their inventions so others can build upon them 3. Encourage innovation CON: 1. Patents can stifle innovation, rather than encourage it. 2. Cost of lawyers to research patents and risk of being sued discourage small companies from attempting to develop and market new innovations. 3. It is difficult to determine what is truly original and distinguish a patentable innovation from one that is not. - patenting exsisting ideas (ex: queue)

facial recognition

- started with having poor accuracy; however, as it improves and with the availability of images, it allows for the identification of people at a new rate - with the combination of facial recognition systems, cameras have some benefits for security and crime prevention, but there needs to be guidelines and controls in place to prevent inappropriate use.

techniques used to trick people or gain entry to systems

- virus: cannot replicate itself but spread - worm: can replicate and spread - trojan horse - social engineering - phishing - spear phishing - pharming - ransomware - spyware

Freedom of Speech Principles

-First Amendment written for offensive and/or controversial speech and ideas -Covers spoken and written words, pictures, art, and other forms of expression of ideas and opinions -Restriction on the power of government,not on the actions of individuals or private businesses - Supreme Court principles and guidelines: advocating illegal acts is (usually) legal, anonymous speech is protected, some restrictions are allowed on advertising, libel and direct, specific threats are not protected, inciting violence is illegal - Distinguish speech from action; advocating illegal acts is (usually) legal - Laws must not "chill" the expression of legal speech - Do not reduce adults to reading only what is fit for children - Solve speech problems by least restrictive means

Meltdown & Spectre

-Severe vulnerability on computer cache, couldn't publish until 30 days wait-RAM didn't delete with info after computer turned off, all data could be retrieved - Affected all computers due to hardware issue

The Computer Fraud and Abuse Act (pg 289)

-This act defines cybercrime as any illegal act for which knowledge of computer technology is essential for its perpetration, investigation, or prosecution; currently being evaluated for revision because much of its language was developed before the Internet boom-Illegal to access such a device without authorization and read or copy information. Main antihacking law

Sony v. Universal City Studios (1984)

1. Just because a device can be used to easily infringe copyright does not mean the device should be illegal 2 Copying a movie for later viewing was fair use (VCR / Betamax record a movie shown on Cable for example)

deontological theory of ethics

1. emphasizes duty and absolute rules despite the consequences (e.g. always tell the truth) 2. argue logic or reason determines the rules of ethical behaviors; actions are intrinsically good because they follow from logic (e.g. telling the truth despite hurting people's feelings is good because telling the truth is good) 3. one must never treat people as a means to an ends but as an ends to themselves

types of speech and relation to 1st amendment

1st amendment: protects offensive and/or controversial speech and idea; covers spoken and written words, pictures, art, and other forms of expression of ideas and opinions; restriction on the power of government, not on the actions of individuals or private businesses Freedom of Speech Principles: - advocating illegal acts is (usually) legal - anonymous speech is protected - some restrictions are allowed on advertising - libel (false & defamatory statement) and direct, specific threats are not protected - incitining violence is illegal - distinguish speech from action; advocating illegal acts is (usually) legal - laws must not "chill" the expression of legal speech - do not reduce adults to reading only what is fit for children - solve speech problems by least restrictive means

Sega Enterprises vs. Accolade

Accolade, attempting to determine how to make its games compatible with the Sega Genesis system, disassembled Sega's computer code. In order to disassemble the code, Accolade copied Sega's computer code. As a result of the process, Accolade was able to make and sell games that were compatible with the Sega Genesis. Court ruled reverse engineering does not violate copyright IF the intent is to make new creative works, not just copy the original.

artificial Intelligence/machine intelligence

CS branch having computers perform tasks normally requiring human intelligence; application involves the recognition of patterns - Turing Test determine the fundamental concept for computer's human intelligence. - Machines perform tasks associated with human intellectual abilities, causing rethink of the consideration of what it means to be human - Robot's application involves performing traditionally human tasks. Generally, special-purpose devices with limited operations. Impact concerns the elimination of jobs and unemployment. - Smart sensors, motion, and control ccelerometers or microelectromechanical systems (mems) interpret data and determine necessary motions and send signal to motors. - Sensor malfunction can result in catastrophic problems for those reliant on it. - Ethical, social, and legal issues arise with the combination of mems in differing fields.

censorship laws

Communications Decency Act of 1996: - first major internet censorship law; attempted to avoid conflict with First Amendment by focusing on children; made it a crime to make available to anyone under 18 any obscene or indecent communication - unconstitutional: worst material threatening children was already illegal; law was too vague and broad; law did not use the least restrictive means of accomplishing the goal of protecting children Child Online Protection Act of 1998 - more limited than CDA; Federal crime for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards - unconstitutional: too broad and would restrict the entire country to the standards of the most conservative community; it would have a chilling effect Children's Internet Protection Act of 2000 - requires schools and libraries that participate in certain federal programs to install filtering software; upheld in courts; does not violate First Amendment since it does not always require the use of filters, impose jail or fines; it sets a condition for receipt of certain federal funds

creative ways around the deCSS ban

Content Scrabling Systems (CSS); deCSS bypasses CSS to allow unauthorized copies when courts ban deCSS posting, people posted deCSS through haiku, bar code, short movies, song, computer game, art, etc (demonstrate the difficulties of distinguishing between forms of expression)

european privacy trends vs. US trends

EU's rules are stricer than US - General Data Protection Regulation (GDPR): rulebook covering processing of personal data, including collection, storage, retrieval, transmission, destruction, and other actions - Difference Examples: right to be forgotten and no personal information from EU can be transmitted to countries with more lax privacy laws

ethical arguements for copy/against copying

Ethical arguments for copying - Copying or distributing a song or computer program does not decrease the use and enjoyment any other person gets from his or her copy. - Copying enables users to try out products, potentially benefiting the copyright owner by encouraging sales of other works Ethical arguments against copying - Copying can decrease the amount of money that the copyright owner earns. - Businesses and organizations should make their own decisions about marketing products, not consumers who want free copies

US Copyright law

Gives copyright holders exclusive rights: - to make copies - to produce derivative works, such as translations into other languages or movies based on books - to distribute copies - to perform the work in public (e.g. music, plays) -to display the work in public (e.g. artwork, movies, computer games, video on a Web site)

location tracking

Global Positioning Systems (GPS): computer or communication services that know exactly where a person is at a particular time - New technologies enable a variety of location-based applications with a variety of benefits but also privacy risks with the tracking of people. - As a tracking tool for parents, location tracking heightens child safety but also proposes risks as when to stop tracking and interceptions of such information. - While implanting tracking chips have mostly been used for medical purposes, question arises as to who should be recipients of such technology and how it may be misused. - Tracking technology provides benefits to research and convenience but also proposes many risks with malpractice.

anonymity on the internet

Positives: - protects against political speech - protects against retaliation and embarrassment - aid law enforcement Negatives: - protect criminal and antisocial activities - aid fraud, harassment, extortion, distribution of child pornography, theft, and copyright infringement - mask illegal surveillance by government agencies

sexting

Sexting means sending sexually suggestive or explicit texts or photos. When some children sexting one another, it is difficult to determine the laws around that as technically the children are in posession of child pornography.

Napster, 2001

Sony allowed for entertainment use to be considered fair use, did not effect sales. However, sharing mp3 files would violate copyright. Napster did not actually store any mp3 files, and was considered more of a search engine. However, the court ruled Napster liable for not supervising their system, including copyright infringement activities

video game violence

Video games self regulate themselves with their own rating system and some online gaming sites restrict their offering to nonviolent games and have their own policies.

responsible disclosure

When vulnerabilities are discovered, when should they be disclosed? Responsible practice to disclose a flaw privately so that an organization has time to prepare patches or close security holes. However, bounty hunters are also used and paid to find flaws.

de-platforming

a form of boycotting in which a person or organization is denied a platform to speak

Clearview App

app used by law enforcement; uses facial recognition and then finds name, address, etc. - owned by the FBI; however, it is not public - concerns about false positives and mass survelliance

ownership of personal data

arguement on whether people have a right to privacy; however, there is no current legal right. privacy viewpoints: - free market view: individuals must make voluntary agreements and then selectively choose what they participate in; varying levels of privacy - consumer protection view: emphasizes protect customers against abuses and carelessness by businesses against thier own lack of knowledge, judgement, or interest; mandatory set of privacy

internet censorship and alternatives to censorship

attempt to control spam, sexting, pornography, child pornography alternatives to censorship: - filters: blocks sites with specific words, phrases or images; parental control for sex and violence; updated frequently but may still screen out too much or too little; not possible to eliminate all errors - policies: Commercial services, online communities, and social networking sites develop policies to protect members; example: video game industry rating to provide indication for parents and the amount of sex, profanity, and violence in a game

values

belief about what is important to guide behavior

collaboration

beneifical and harmful benefit: wikipedia (spread of education) negative: cancel culture (harm people)

filters

blocks sites with specific words, phrases or images; parental control for sex and violence; updated frequently but may still screen out too much or too little; not possible to eliminate all errors

positive right

claim rights; impose an obligation on some people to provide certain things for others (e.g. people obligated to pay for food and medical for those unable to)

invisible information gathering

collection of personal information without the person's knowledge

honey pot

computer system that's set up to attract unauthorized users by appearing to be a key part of a network or a system that contains something of great value

reverse engineering

deconstructing product to determine how it works

cultural influences on ethics

different countries have differing beliefs on ethics; one's place of origin can have a determination on one's beliefs (e.g. unethical to eat pork in Qatar and Iran)

re-identification

easier due to the quantity of information and power of data search and analysis tool

privacy tools

encryption: process of converting readable data into unreadable characters to prevent unauthorized access ad blockers: software to block adverts in web pages policies for protecting data: audit trails and compilance officers

criteria for restricting access to content in a public entity such as a library

faciltiies that participate in certain federal programs are required to install filtering software; upheld by CIPA

look and feel

features such as pull-down menus, windows, icons, and finger movements and specific ways they are used to select or initiate actions - reflects major creative effort by programmers - court decisions against copyright protections for - societal value of similar interfaces across products recognized (e.g. automobile controls)

patent trolling

file suit for real and "imagined" patent violations and profits from settlements

SPAM blockers

filters do not violate free speech as free speech does not require anyone to listen - Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM): targets commerical spam & criticized for not banning all spam, legitimized commercial spam

government sponsored hacking

for economic and military espionage and to disable enemies (or future enemies); attacks more than information systems

First Amendment Protections

freedom of religion, freedom of speech, commercial speech, freedom of press; protects offensive and/or controversial speech and ideas; restricts only the government, not individuals or private businesses

free software

idea advocated and supported by a large, loose-knit group of computer programmers who allow people to copy, use, and modify their software; implies freedom of use NOT lack of cost

informed consent

informing people about data collection and use policies or about the data that a particular device or application collects

intellectual property

intagible creative work; value of intelligence and artistic work comes from creativity, ideas, research, skills, labor, non-material efforts and attributes the creator provides

hacking

intentional, unauthorized access to computer systems - Phase 1: used to describe someone good at programming - Phase 2: took upon a negative connotation as people prove that they can break into a comptuer - Phase 3: including the grow of the web and mobile devices; viruses and worms spread rapidly with large scale theft of personal and financial information - "Harmless Hacking?" Harmless?? a form of tresprassing - Foriegn Policy: governments hack one another; - Responsbility for Security: - Catching and Punishing Hacker

copyright

legal concept that defines the right to certain kinds of intellectual property; protection of written material or ideas

negative right

liberties; rights to act without interference (e.g. freedom of speech and religion)

the cost of security breaches

lives?

utilitarian theory of ethics

person's utility: what satisfies people's needs and values 1. focuses on the outcome of the decision, decisions that generate the greatest good for greatest number of people should be pursued 2. does not recognize or respect individual rights; no person has a protected set of rights (e.g. taking an individual's belogings and redistributing it to others to maximize utility)

ethical hacking

planned attempts to penetrate the security defenses of a system in order to identify vulnerabilities; also have bounty hunting where companies reward individuals for finding vulnerabiltiies

anticircumvention laws

prohibit circumventing technological access controls and copy-prevention systems

Fourth Amendment

protects a right to privacy from government intrusion - cannot explore details of home that are not viewable from public without intrusion - police can have access to information you willingly share (e.g. location)

propreitary software

purchased software restricted on its use, copying, and modification; source code is not distributed, and you must pay for a license to use it

public records

records available to general public (bankruptcy, property, and arrest records, salaries of government employees, etc.) access: identitity theft when public records are accessed; ability to view information privacy: how do we control access to sensitive public records; one's right to withold information the government has databases with information available to the public for their use but sensitive information can result in unexpected and malicious actions.

controlling speech

rules are independent of opinions; however 1st amendment doesn't protect libel and direct, specific threats - advertising is "second class" speech and allowed to be restricted. - when the government owns or subsidizes a form of communication, speech can be restricted. Regulations: - Print Media (newspapers, books, magazines, and pamphlets) has no question on whether the 1st Amendment applies to it as it has existed since the writing of the Constitution. - Broadcast (television and radio) is regulated through its structure and content with the government granting licenses. - Common Carrier (telephone, telegraph, and the postal system) were made to have a "universal access" to everyone and subsidized for low income areas; not allowed to control the content of material that passed through their systems Level of speech: publishers > cable operators > television and radio - publishers are held accountable with their ability to edit and select material

data mining

searching and analyzing masses of data to find patterns and develop new information or knowledge

offensive speech

sexual or controversial language Illegal speech under the law falls under the three-part guideline decided in Miller v. California 1) Depicts sexual (or excretory) acts whose depiction is specifically prohibited by state law 2) Depicts acts in a patently offensive manner, appealing to prurient interest as judged by a reasonable person using community standards 3) It has no serious literary, artistic, social, political, or scientific value

cookie

small files maintained by a Website browser on our computer accessible by the entity that put them there or by others

open source software

software distributed or made public in source code (readable and modifiable)

religious influences on ethics

somewhat limited as it refers more to rules rather than ways of thinkings (dos and do nots) (e.g. Chrisitanity and Confucious's Golden Rule theory: consider an ethical we are making from the perspective of others and recognize people as individuals and to respect their choices)

ethics

study of what it means to "do the right thing" - ethical theory assumes people are rational and make free choices; however, neither condition is always true - free choice and use of rational judgement: characteristics of human beings which are the basis of ethical theories; view that individual is responsible for his/her actions - ethical rules: rules to follow in interactions with others and actions that impact others; intended to achieve good results for people. Ethical rules are fundamental and universal as laws or science that provide the framework to interact with people in a peaceful, productive way.

wiretapping

the act of listening in on a telephone conversation to get information

opt-out policy

the collector of information can use it for secondary uses unless the person explicitly disagrees

opt-in policy

the collector of information may not use it for secondary uses unless the person explicitly agrees permitting use

identity theft

the fraudulent acquisition and use of a person's private identifying information, usually for financial gain.

doxing

the internet-based practice of researching and broadcasting private or identifiable information about an individual or organization.

telemedicine

the remote performance of medical exams, consultations, monitoring, analyses, and procedures using specialized equipment and computer networks (e.g. surgeons in New York used technology to remove gall blader from French patient)

national identification

they are advocated because it is essential to identify people for variety of purposes such as finances and job New System Pros: would require the card, harder to forge, have to carry only one card Cons: threat to freedom and privacy, increased potential for abuse

data spillage

transfer of classified or sensitive information to unaccredited or unauthorized systems, individuals, applications or media.

DDoS attack

typically virus installed on many computers (thousands) activate at the same time and flood a target with traffic to the point the server becomes overwhelmed

chilling of speech

unconstitutional effects of when the law causes people to avoid legal speech and publication out of fear of prosecution

SPAM

unsolicited bulk email used for mostly commerical advertisements; angers people b/c of content and way of messaging; imposes cost on recipients

hacktivism

use of hacking to promote a political cause; disagreeement about whether it is a form of civil disobedience and how (whether) it should be a crime unauthorized breaches or DDoS used to fight something that someone believes is injust; want to believe information that the world should know or shut down organizations that they believei s wrong

Telecommunication Act of 1996

- Changed regulatory structure and removed artificial legal divisions of service areas and restrictions on services that telephone companies can provide. - No provider or user of interactive computer services shall be treated as a publisher of any information provided by another information - content provider.

The Target Breach (pp 259-260)

- Data on 40 million credit cards stolen - Over 70 million customer records stolen - Started with phising email sent to Fazio Mechcanial; specializes in supermarket refrigeration systems, small business employees in southwest Pennslyvania

Stuxnet

A computer worm designed to find and infect a particular piece of industrial hardware; used in an attack against Iranian nuclear plants

leaks of sensitive information and example

Leaks: intentionally releasing classified or embarrassing information in order to accomplish a goal When Leaking Consider: - may put lives at risk - releasing huge document archives problematic - operators of Web sites for leaks have responsibilities Ethics of Leaking: - type of material - value to society - risks to society and individuals WikiLeaks: set up specifically to publish leaked or stolen information of significance - published confidential media related to wars in Iraq and Afghanistan

censoring speech

Major Internet Laws Communications Decency Act (CDA): restricts communication of obscene and indecent material for those under 18 Butler v Michigan: struck down Michigan law where it was illegal to sell material that might be damaging to children American Civil Liberties et al. v Janet Reno: censorship provision under CDA were unconstitutional Children's Internet Protection Act (CIPA): require libraries and schools to use filter software on Internet terminals The courts tend to give the Internet similar protection to that of print media (the highest degree of protection).

computer matching/computer profiling

Matching: combining and comparing information from different databases Profiling: analyzing data to determine the characteristics of people most likely to engage in certain behaviors

viral spread of misinformation/disinformation

Misinformation: whose inaccuracy is unintentiona; can spread when journalists misinterpret or fail to independently verify a source's claims Disinformation: information that is deliberately false or misleading Often difficult to correct misinformation/disinformation because of how things go viral

NSA Intelligence Gathering

NSA: collects and analyzes foriegn intelligence information related to national security and protects US government communications and sensitive information related to national security - methods do not agree with the 4th amendment, so restrictive to only monitor those outside the US Caught having secret access to communication records, specifically AT&T; NSA had been trying to make patterns not collect personal identifying information - Foreign Intelligene Survelliance Act (FIFSA): established oversight rules for the NSA; cannot collect masses of telegrams w/o warrant and compiling list of Americans w/o a court order; set up the Foreign Intellignece Survelliance Court to issues said warrants

vulnerability of data

With cloud services, our data is vulnerable at the level of the weakest security of our devices and the cloud services that host the data. While they have many conveniences and benefits, we should be mindful of the increased risk of privacy and the loss of security.

whistle blower

people who supply leaked information

take down notice

to allow safe harbor for a platform with copyrighted material, platform issues notice if copyrighted

secondary use

use of personal information for a purpose other than the one for which the person supplied it

kill switches

way to remotely disable application or delete files; mainly used for security ethics come into play about how it could be used to remove copyrighted content, hacking, etc.

derivative of work

work derived from pre-existing work