E-commerce Chapter 8: Ethical, Social, and Political Issues

Fair Use Considerations to Copyright Protections

1. Character of use 2. Nature of the work 3. Amount of work used 4. Market effect of use 5. Context of use

Four Types of Intellectual Property Protection:

1. Copyright 2. Patent 3. Trademark law 4. Trade secrets law

Five-step process of an ethical dilemma:

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

Four moral dimensions of an Internet society:

1. Information rights 2. Property rights 3. Governance 4. Public safety and welfare

Test for infringement of trademark

1. Market confusion 2. Bad faith

FTC's Fair Information Practice Principles

1. Notice/awareness 2. Choice/consent 3. Access/participation 4. Security 5. Enforcement

Four basic principles that all ethical schools of thought share:

1. Responsibility 2. Accountability 3. Liability 4. Due process

Two models for informed consent:

1. opt-in 2. opt-out

Cross-device graph

A data file that combines web and smartphone tracking data, as well as IoT devices, into a single comprehensive user profile

Information privacy

A subset of privacy that rests on four central premises, including the moral rights to control use of information collected and to know whether information is being collected, the right to personal information due process, and the right to have personal information stored in a secure manner

Personal profiles

Add a personal e-mail address, postal address, and/or phone number to behavioral data

Personally Identifiable Information (PII)

Any data that can be used to identify, locate, or contact an individual

Intelligent Tracking Prevention (ITP)

Apple machine-based learning tool that monitors tracking cookies and eliminates those not desired by the user

The New York Times Test (Perfect Information Rule)

Assume that the results of your decision on a matter will be the subject of the lead article in the New York Times the next day

No Free Lunch

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

Linking

Building hypertext links from one site to another site

Data image

Collection of data records used to create a behavioral profile of consumers

Informed consent

Consent given with knowledge of all facts needed to make a rational decision

Anonymous information

Demographic and behavioral information that does not include any personal identifiers

The Golden Rule

Do unto others as you would have them do unto you

Patent

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

Property rights

How can traditional intellectual property rights be enforced in an Internet world where perfect copies of protected works can be made and easily distributed worldwide in seconds?

Anonymous profiles

Identify people as belonging to highly specific and targeted groups

Slippery Slope

If an action cannot be taken repeatedly, then it is not right to take at all

Universalism

If an action is not right for all situations, then it is not right for any specific situation

Trade secret

Information that is secret, has commercial value, and has been protected by its owner

Differential privacy software

Inhibits the ability of advertisers to merge anonymized consumer data files with other tracking files

Deep linking

Involves bypassing the target site's home page, and going directly to a content page.

Framing

Involves displaying the content of another website inside your own website within a frame or window

The Privacy Act

Regulates the collection and use of data collected by federal government systems such as those by the IRS and the SSA -protections apply only to government intrusions on privacy, not private firms' collection and use of personal information

Opt-in model

Requires an affirmative action by the consumer to allow collection and use of consumer information

Private interest

Served by rewarding people for creating these works through the creation of a time-limited monopoly granting exclusive use to the creator

Public interest

Served by the creation and distribution of inventions, works of art, music, literature, and other forms of intellectual expression

Governance

Should the Internet and e-commerce be subject to public laws? What law-making bodies have jurisdiction--state, federal, and/or international? -has to do with social control: who will control e-commerce, what elements will be controlled, and how will the controls be implemented

Collective Utilitarian Principle

Take the action that achieves the greater value for all of society

Risk Aversion

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

Persistent location tracking

The ability to track the geo-location of phone users whether they are using location tracking apps or not

Right to be forgotten

The claim of individuals to be able to edit and delete personal information

Profiling

The creation of digital images that characterize online individual and group behavior

Opt-out model

The default is to collect information unless the consumer takes an affirmative action to prevent the collection of data

Privacy

The moral right of individuals to be left alone, free from surveillance or interference from other individuals or organizations, including the state

Information rights

The rights that individuals and organizations have with respect to information that pertains to themselves -What rights to their own personal information do individuals have when Internet technologies make information collection so pervasive and efficient? -What rights do individuals have to access information about business firms and other organizations?

Goal of Intellectual Property Law

To balance two competing interests: the public and the private

General Data Protection Regulation (GDPR)

Updated framework governing data protection in EU member countries that replaces Data Protection Directive

Public safety and welfare

What efforts should be undertaken to ensure equitable access to the Internet and e-commerce channels?

The Social Contract Rule

Would you like to live in a society where the principle you are supporting would become an organizing principle of the entire society?

Liability

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

Trademark

a mark used to identify and distinguish goods and indicate their source

Due process

a process in which laws are known and understood and there is an ability to appeal to higher authorities to ensure that the laws have been correctly applied

Dilemma

a situation in which there are at least two diametrically opposed actions, each of which supports a desirable outcome

Dilution

any behavior that would weaken the connection between the trademark and the product

Responsibility

as free moral agents, individuals, organizations, and societies are responsible for the actions they take

Device fingerprinting

collects unique information from a user's browser or smartphone that can be combined with other data files to identify specific devices and users

Anticybersquatting Consumer Protection Act (ACPA)

creates civil liabilities for anyone who attempts in bad faith to profit from an existing famous or distinctive trademark by registering an internet domain name that is identical or confusingly similar to, or "dilutive" of, that trademark

Privacy shield agreements

designed to ensure that EU data processed in non-EU nations meets GDPR standards

Privacy default browsers

identify tracking cookies as they are loaded onto browsers and eliminate them from the browser

Accountability

individuals, organizations, and societies, should be held accountable to others for the consequences of their actions

Cybersquatting

involves the registration of an infringing domain name, or other internet use of an existing trademark, for the purpose of extorting payments from the legitimate owners

Cyberprivacy

involves the same behavior as cybersquatting, but with the intent of diverting traffic from the legitimate site to an infringing site

Pay-for-Privacy (PFP)

method for allowing users to pay a fee to experience ad-free or tracking-free web experiences

Safe harbor agreements

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

Copyright law

protects original forms of expression such as writings, art, drawings, photographs, music, motion pictures, performances, and computer programs from being copied by others for a minimum of 70 years

Net neutrality

the concept that Internet service providers should treat all Internet traffic equally (or "neutrally")

Digital Millennium Copyright Act (DMCA)

the first major effort to adjust the copyright laws to the Internet age

Ethics

the study of principles that individuals and organizations can use to determine right and wrong courses of action

Doctrine of fair use

under certain circumstances, permits use of copyrighted material without permission

Cross-device tracking

uses cell phone login and other user-supplied data, combined with cross-site tracking data, to develop a comprehensive picture of user behavior across all devices

Cross-site tracking

uses various types of cookies to track users across the web