Chapter 4

trade secret

Any intellectual work product—a formula, device, pattern, or compilation of data—used for a business purpose, provided it is not based on information in the public domain.

ethical "no free lunch" rule

Assume that virtually all tangible and intangible objects are owned by someone else unless there is a specific declaration otherwise.

Golden Rule

Do unto others as you would have them do unto you

Candidate Ethical Principles

Golden Rule Kant's Categorical Imperative Descartes' Rule of Change Utilitarian Principle Risk Aversion Principle Ethical "No Free Lunch" Rule

Descartes' rule of change

If an action cannot be taken repeatedly, it is not right to take at all (slippery slope)

Immanuel Kant's Categorical Imperative

If an action is not right for everyone to take, it is not right for anyone

nonobvious relationship awareness (NORA)

can take information about people from many disparate sources, such as employment applications, telephone records, customer listings, and "wanted" lists, and correlate relationships to find obscure hidden connections that might help identify criminals or terrorists

Computer abuse

commission of acts involving a computer that may not be illegal but that are considered unethical (spam)

Computer crime

commission of illegal acts through the use of a computer or against a computer system

Informed consent

defined as consent given with knowledge of all the facts needed to make a rational decision.

patent

grants the owner an exclusive monopoly on the ideas behind an invention for 20 years.

Digital Millennium Copyright Act (DMCA) of 1998

implemented a World Intellectual Property Organization Treaty that makes it illegal to circumvent technology-based protections of copyrighted materials

carpal tunnel syndrome (CTS)

in which pressure on the median nerve through the wrist's bony structure produces pain.

Intellectual property

intangible property of any kind created by individuals or corporations.

Liability

is a feature of political systems in which a body of laws is in place that permits individuals to recover the damages done to them by other actors, systems, or organizations.

safe harbor

is a private, self-regulating policy and enforcement mechanism that meets the objectives of government regulators and legislation but does not involve government regulation or enforcement.

Due process

is a related feature of law-governed societies and is a process in which laws are known and understood, and there is an ability to appeal to higher authorities to ensure that the laws are applied correctly.

Copyright

is a statutory grant that protects creators of intellectual property from having their work copied by others for any purpose during the life of the author plus an additional 70 years after the author's death.

Spam

junk e-mail sent by an organization or individual to a mass audience of Internet users who have expressed no interest in the product or service being marketed.

Accountability

means that mechanisms are in place to determine who took responsible action, and who is responsible.

Responsibility

means that you accept the potential costs, duties, and obligations for the decisions you make.

opt-in

model of informed consent in which a business is prohibited from collecting any personal information unless the consumer specifically takes action to approve information collection and use.

opt-out

model of informed consent permits the collection of personal information until the consumer specifically requests that the data not be collected.

repetitive stress injury (RSI)

occurs when muscle groups are forced through repetitive actions often with high-impact loads (such as tennis) or tens of thousands of repetitions under low-impact loads (such as working at a computer keyboard).

Computer vision syndrome (CVS)

refers to any eyestrain condition related to display screen use in desktop computers, laptops, e-readers, smartphones, and hand-held video games.

Ethics

refers to the principles of right and wrong that individuals, acting as free moral agents, use to make choices to guide their behaviors.

spyware

secretly install itself on an Internet user's computer by piggybacking on larger applications. Once installed, the spyware calls out to Web sites to send banner ads and other unsolicited material to the user, and it can also report the user's movements on the Internet to other computers.

Fair Information Practices (FIP)

set of principles governing the collection and use of information about individuals, based on the notion of a mutuality of interest between the record holder and the individual.

Cookies

small text files deposited on a computer hard drive when a user visits Web sites; identify the visitor's Web browser software and track visits to the Web site.

technostress

stress induced by computer use. Its symptoms include aggravation, hostility toward humans, impatience, and fatigue.

Web beacons (Web bugs)

tiny objects embedded in e-mail messages and Web pages that are designed to monitor the behavior of the user visiting a Web site or sending e-mail

Basic Concepts for Ethical Analysis

Responsibility Accountability Liability Due Process

Utilitarian Principle

Take the action that achieves the higher or greater value

Risk Aversion Principle

Take the action that produces the least harm or the least potential cost

Five-Step ETHICAL ANALYSIS

1. Identify and clearly describe the facts 2. Define the conflict or dilemma and identify the higher-order values involved 3. Identify the stakeholders 4. Identify the options that you can reasonably take 5. Identify the potential consequences of your options

5 MORAL DIMENSIONS OF THE INFORMATION AGE

Information rights & obligations Property rights & obligations Accountability & control System quality Quality of life

digital divide

Large disparities in access to computers and the Internet among different social groups and different locations.

FTC FIP Principles

Notice/awareness (core) Choice/consent (core) Access/participation Security Enforcement

privacy

The claim of individuals to be left alone, free from surveillance or interference from other individuals, organizations, or the state.

information rights

The rights that individuals and organizations have with respect to information that pertains to themselves.

profiling

The use of computers to combine data from multiple sources and create electronic dossiers of detailed information on individuals

3 Main Ways Intellectual Property is Protected

Trade Secret Copyright Patents