Ethics IS Exam 2
OECD fair information practices guidelines are composed of eight principles:
Collection limitation Data quality Purpose specification Use limitation Security safeguards Openness principle Individual participation Accountability
Freedom of Speech includes:
- Nonverbal, visual, and symbolic forms of expression, including: flag burning, dance movements, and hand gestures -The right to speak anonymously
European-United States Privacy Shield Data Transfer Program Guidelines
- Replaced the Safe Harbor agreement between the U.S. and EU, which was declared invalid by the European Court of Justice - Places stronger obligations on U.S. companies to protect the personal data of EU citizens and requires stronger enforcement by U.S. agencies
Fake News
- journalism - Nontraditional sources of news and information Blogs—Some bloggers report on things about which they are very passionate. As a result, they may be less likely to remain unbiased. Fake news sites—Some sites modify real news stories to entice viewers to click on them. Others create entirely fictitious "news" stories and present them as fact. Social media sites—Because reports, images, opinions, and videos shared via social media often spread like wildfire, they can sometimes cause confusion, misunderstanding, and controversy, rather than bringing clarity to a situation
Executive order:
-An official document used by the U.S. president to manage the operations of the federal government -Subject to judicial review, and may be struck down if determined to be unsupported by statute or the Constitution
Obscene Speech (Miller v. California)
-Established a test to determine if material is obscene -Speech can be considered obscene if: 1. The average person finds that the work, taken as a whole, appeals to the prurient interest 2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value
General Agreement on Tariffs and Trade (GATT)
-Multilateral agreement governing international trade -Established the World Trade Organization (WTO) -Despite GATT, copyright protection varies greatly from country to country
Freedom of Speech Doesn't Protect
-Perjury and fraud -Defamation and obscene speech -Incitement of panic and incitement to crime -Fighting Words and sedition
Criticisms of consumer profiling:
-Personal data may be gathered and sold to other companies without the permission of consumers who provide the data -Risk of a data breach: The unintended release of sensitive data or the access of sensitive data (e.g., credit card numbers or Social Security numbers) by unauthorized individuals -Risk of identity theft: The theft of personal information, which is then used without the owner's permission—often to commit fraud or other crimes
Information about web surfers can be obtained through the use of:
-Voluntary methods: Website registrations, survey, contests, and social media -Cookies: Text files that can be downloaded to the hard drives of users who visit a website, so that the website is able to identify visitors on subsequent visits -Tracking software: Allows a website to analyze browsing habits and deduce personal interests and preferences
Surveillance Technology
1. Camera surveillance 2. Facial Recognition: Used in major cities around the world to deter crime and terrorist activities -Criticism: Such scrutiny is a violation of civil liberties and the cost of the equipment and people required to monitor the video feeds is excessive
Key Issues with Freedom of Expression
1. Controlling access to information on the Internet 2. Internet censorship 3. SLAPP lawsuits 4. Anonymity on the Internet 5. John Doe lawsuits 6. Hate speech 7. Pornography on the Internet 8. Fake news
Electronic Surveillance Timeline
1968-Title III of Omnibus Crime Control and Safe Streets Act 1978-Foreign Intelligence Surveillance Act 1981-Executive Order 12333 1986-Electronic Communications Privacy Act 1994- Communications Assistance for Law Enforcement 2001-USA Patriot Act 2004-Foreign Intelligence Surveillance Act Amendment 2008-Foreign Intelligence Surveillance Act Amendment 2011-PATRIOT Extension 2015-USA Freedom
American Recovery and Reinvestment Act
: Includes provisions related to electronic health records (EHRs): -Bans the sale of health information -Promotes the use of audit trails and encryption -Provides rights of access for patients
FISA Court:
A court established by FISA that meets in secret to hear applications for orders approving electronic surveillance anywhere within the U.S. -Between 2001 and 2015 -More than 25,000 applications were submitted to the FISA court -Only 12 of those were rejected
Pen register:
A device that records electronic impulses to identify the numbers dialed for outgoing calls
Trap and trace:
A device that records the originating number of incoming calls for a particular phone number
Vehicle event data recorder (EDR):
A device that records vehicle and occupant data for a few seconds before, during, and after any vehicle crash severe enough to deploy the vehicle's air bags Purposes: - To capture and record data to make changes to improve vehicle performance - For use in a court of law to determine what happened during a vehicle accident
Wiretap Act:
A law that regulates the interception of wire (telephone) and oral communications; also known as the Title III of the Omnibus Crime Control and Safe Streets Act
Strategic Lawsuit Against Public Participation (SLAPP):
A lawsuit employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest
John Doe lawsuit:
A lawsuit filed by an aggrieved party against a defendant whose identity is temporarily unknown because the person is communicating anonymously or using a pseudonym Plaintiff can request court permission to issue subpoenas to command a person to appear If permission is granted, subpoenas can be served on any third party that may have information about the true identity of the defendant
Predictive coding:
A process that couples human guidance with computer-driven concept searching in order to "train" document review software to recognize relevant documents
Fair information practices:
A set of guidelines that govern the collection and use of personal data
Copyright infringement:
A violation of the rights secured by the owner of a copyright Sonny Bono Copyright Term Extension Act (p.225) Establishes time limits for copy right protected work Copyright law guarantees developers the rights to their works for a certain amount of time. Since 1960, the term of copyright has been extended 11 times; new works are protected for the life of the author plus 70 years. Eligibility criteria: Work must be original and fall within one of the categories described in Title 17 of the U.S. Code
Libel
A written defamatory statement
Fair and Accurate Credit Transactions Act
Allows consumers to obtain a free credit report once each year from each of the three primary consumer credit reportign companies (equifax, experian, transunion) (consumers can place an alert on their credit files if they are victim of fraud/identity theft)
Fair use doctrine:
Allows portions of copyrighted materials to be used without permission - Court decisions regarding fair use are based on four factors: - Purpose and character of the use - Nature of the copyrighted work - The portion of the work used in relation to the whole - Effect of the use on the value of the copyrighted work
General Data Protection Regulation (GDPR):
An EU regulation passed in 2016; designed to strengthen data protection for individuals within the EU -Organizations anywhere in the world that collect, store, or transfer personal data of EU citizens must ensure their systems and procedures are compliant
Slander
An oral defamatory statement
Electronically stored information (ESI):
Any form of digital information stored on any form of electronic storage device
Open source code:
Any program whose source code is made available for use or modification, as users or other developers see fit Advocates believe open source code produces better software than the traditional closed model
Family Educational Rights and Privacy Act (FERPA)
Assigns parents rights regarding their children's educational records, including rights to: -Access educational records maintained by a school -Demand that educational records be disclosed only with student consent -Amend educational records -File complaints against a school for disclosing student records
Foreign Intelligence Surveillance Act Amendments Act (2004)
Authorized intelligence gathering on individuals not affiliated with any known terrorist organization (so-called lone wolves)
Gramm-Leach-Bliley Act (GLBA)
Bank deregulation law that includes three personal privacy rules 1. financial privacy rule: mandatory guidelines for the collection and disclosure of personal financial data (can opt out and opt in) 2. Safeguard rule: Requires financial institutions to document a data security plan to protect personal data 3. Pretexting rule: addresses attempts by people to access personal information without proper authority
Trade secret:
Business information that has the following qualities: -Represents something of economic value -Required effort or cost to develop -Has some degree of uniqueness or novelty -Is generally unknown to the public -Is kept confidential -Trade secret law protects only against the misappropriation of trade secrets -Trade secret laws protect more technology worldwide than patent laws do.
Famous Supreme Court Cases for Hate Speech and Fighting Words
Chaplinsky vs New Hampshire: articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech Terminielllo vs Chicago: forbid breach of peace and and speech that stirs up the public violates the ordinance
Pornography on the Internet
Companies must take reasonable steps to prevent pornography in the workplace: -Establish and communicate an AUP that prohibits access to pornography sites -Identify and take disciplinary action against those who violate the policy -Possession of child pornography is a federal offense punishable by up to five years in prison -Some states require computer technicians who discover child pornography on clients' computers to report it to law enforcement officials -Sexting: Sending sexual messages, nude, or seminude photos, or sexually explicit videos over a cell phone -Sexters may face prosecution for child pornography
Form of Intellectual Property
Copyright: Computer programs are protected as literary works. -Authors of computer programs and producers of sound recordings have the right to prohibit the commercial rental of their works to the public. Patent: - Patent protection is available for any invention, whether a product or process. -Discrimination is not allowed based on the place of invention. Trade Secret: -Trade secrets must be protected against breach of confidence and other acts that are contrary to honest commercial practices.
Patent infringement: Unauthorized use of another's patent
Courts can award up to three times the amount of damages claimed by the patent holder if infringement is found
Foreign Intelligence Surveillance Act (FISA):
Describes procedures for electronic surveillance and collection of foreign intelligence information in communications between foreign powers and their agents -Allows surveillance, without court order, within the U.S. for up to a year unless the surveillance will acquire the contents of any communication to which a U.S. citizen, permanent resident, or company is a party -Requires the government to obtain an individualized court order before it can intentionally target a U.S. person anywhere in the world
Doxing:
Doing research online to obtain someone's private personal information—such as home address, email address, phone numbers, and place of employment and then posting that information online May be done as an act of revenge or to publicly shame someone who has been operating anonymously online
Cross-licensing agreements
Each party agrees not to sue the other over patent infringements Typically involves large software companies Small businesses, therefore, often must pay additional costs. Small businesses are also generally unsuccessful in enforcing their patents against larger companies.
Greatest Threat to Loss of Company Trade Secrets
Employees
Leahy-Smith America Invents Act (2011):
Enacted a major change in patent law; changed U.S. patent system from a "first-to-invent" to a "first-inventor-tofile" system -Also expanded the definition of prior art used to determine the novelty of an invention and whether it can be patented -The law made it more difficult to obtain a U.S. patent.
European Union Data Protection Directive:
Ensures that data transferred to non-European Union countries is protected - Only U.S. companies certified as meeting certain "safe harbor" principles were allowed to process and store data of European consumers and companies.
Freedom of Information Act (FOIA):
Grants citizens the right to access certain information and records of federal, state, and local governments upon request -Two basic requirements for a FOIA request: The request must not require wide-ranging, unreasonable, or burdensome searches for records -The request must be made according to procedural regulations published in the Federal Register
Children's Online Privacy Protection Act (COPPA):
Gives parents control over the collection, use, and disclosure of their children's personal information over the Internet
Patents
Grant of a property right issued by the United States Patent and Trademark Office (USPTO) to an inventor Prevent independent creation and copying Require filing application with USPTO (Before granting a patent, the USPTO searches the prior art (the existing body of knowledge available to a person of ordinary skill in the art, including existing patents and published material). The following cannot be patented (Abstract ideas, Laws of nature, Natural phenomenon)
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Granted NSA expanded authority to collect (without court approved warrants) international communications as they flow through U.S. telecom network equipment and facilities
Actions that schools can take to combat student plagiarism:
Help students understand what constitutes plagiarism and why they need to cite sources Show students how to document material found online Schedule major writing assignments in portions due over the course of the term Tell students that instructors are aware of Internet paper mills and plagiarism detection services Incorporate detection software and services
Executive Order 12333:
Identifies the various U.S. governmental intelligence-gathering agencies, and defines what information can be collected, retained, and disseminated by these agencies
•Digital Millennium Copyright Act (1998):
Implements the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty Unlike traditional copyright law, the DMCA does not govern copying; it focuses on the distribution of tools and software that can be used for copyright infringement. The DMCA explicitly outlaws technologies that can defeat copyright protection devices, but it does permit reverse engineering for encryption, interoperability, and computer security research.
Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008:
Increased trademark and copyright enforcement and substantially increased penalties for infringement
Intellectual property:
Intellectual property: Describes works of the mind that are distinct and owned or created by a single person or group - Art and music - Books and film - Formulas, inventions and processes Intellectual property is protected through: - Copyright - Patent - Trade secret laws Owners control and receive compensation for the use of their intellectual property
Organization for Economic Co-operation and Development (OECD):
International organization that sets policies and produces agreements on topics for which multilateral consensus is required
National Security Letter (NSL):
Issued by the FBI director to an ISP; requires the ISP to provide various data and records about a service subscriber. - Compels holders of your personal records to turn them over to the government -Not subject to judicial review or oversight -NSL gag provision: Prohibits NSL recipients from revealing that the government has requested an individual's records
Tools used to guard against Plagiarism
Ithenticate Turnitin SafeAssign
Telecommunications Act:
Its goal was to promote free competition among phone, cable, and TV companies
Electronic Communications Privacy Act (ECPA):
Law passed as an amendment to Title III of the Omnibus Crime Control and Safe Streets Act; deals with three main issues: -Protection of communications while in transfer from sender to receiver -Protection of communications held in electronic storage -Prohibition of devices from recording dialing, routing, addressing, and signaling information without a search warrant
USA Freedom Act:
Law passed following revelations by Edward Snowden (a former government contractor who leaked classified information) of secret NSA surveillance programs -Terminated NSA's bulk collection of telephone metadata -Telecommunications providers are now required to hold that data and respond to NSA queries
PATRIOT Sunsets Extension Act of 2011:
Law that granted a four-year extension of roving wiretaps and searches of business records; also extended authorized intelligence gathering on "lone wolves"
Communications Decency Act (CDA):
Title V of the Telecommunications Act; aimed at protecting children from pornography In June 1997, much of the CDA was ruled unconstitutional by the U.S. Supreme Court Section 230 of the CDA: Not declared unconstitutional, provides immunity to an ISP that publishes user-generated content—provided its actions do not rise to the level of a content provider
Key advantages of Trade Secrets:
No time limitations on the protection of trade secrets No need to file an application, make disclosures to any person or agency, or disclose a trade secret to outsiders to gain protection Trade secrets cannot be ruled invalid by the courts
Anonymous expression:
Opinions expressed by people who do not reveal their identity
Non-compete agreement:
Part of an employment contract that prohibits an employee from working for any competitors for a period of time
Nondisclosure clause:
Part of an employment contract that specifically prohibits an employee from revealing company secrets
Digital Millennium Copyright Act (DMCA):
Passed in 1998; addresses a number of copyright-related issues Title II of the act limits the liability of an ISP for copyright infringement if an ISP subscriber posts copyrighted material. An ISP cannot be held liable for copyright infringement if, when notified by the copyright holder, it notifies the subscriber of the alleged infringement and executes a "takedown" by removing the offending content.
Child Online Protection Act (COPA):
Passed in 1998; imposes penalties for exposing minors to harmful material online In June 2004, COPA was ruled unconstitutional by the U.S. Supreme Court
Children's Internet Protection Act (CIPA):
Passed in 2000; requires federally financed schools and libraries to block computer access to obscene material, pornography, and anything else harmful to minors
Anti-SLAPP laws:
Passed in 28 states and the District of Columbia Designed to reduce frivolous SLAPPs
Hate speech:
Persistent or malicious harassment aimed at a specific person Most ISPs reserve the right to remove content that does not meet their standards Public schools and universities must follow the First Amendment's prohibition against speech restrictions. Corporations and private schools/universities may prohibit employees and students from engaging in offensive speech using corporate- or school-owned computers, networks, or email services.
First Amendment
Protects Americans' rights to freedom of religion, freedom of expression, and freedom to assemble peaceably
Software patent:
Protects a feature, function, or process embodied in instructions executed on a computer In recent years, the courts have become more restrictive in granting software patents.
Software patents
Protects feature, function, or process embodied in instructions executed on a computer
Software copyright protection
Proving infringement requires showing striking resemblance that could be explained only by copying
Health Insurance Portability and Accountability Act (HIPAA)
Provisions designed to... - Improve the portability and continuity of health insurance coverage -Reduce fraud, waste, and abuse in health insurance and healthcare delivery -Simplify the administration of health insurance
Controlling the Assault of Non-Solicited Pornography and Marketing (CANSPAM) Act:
Specifies requirements that commercial emailers must follow when sending messages to advertise or promote a commercial product or service Key requirements From and To fields in the email and the originating domain name and email address must be accurate Subject line of the email cannot mislead the recipient as to the contents or subject matter of the message If the message contains sexually-oriented material, the phrase "SEXUALLY-EXPLICIT" must appear in the subject
Defamation
Statement of alleged fact that is false and harms another person
Anonymous remailer service:
Strips originating header and/or IP number from emails before sending the message to its intended recipient
Title III of the Omnibus Crime Control and Safe Streets Act:
Regulates the interception of wire and oral communications. Also known as the Wiretap Act. Allows state and federal law enforcement officials to use wiretapping and electronic eavesdropping if a warrant is issued
Fair Credit Reporting Act
Regulates the operations of credit-reporting bureaus
Communications Assistance for Law Enforcement Act (CALEA):
Required the telecommunications industry to build tools into its products for use by federal investigators, after obtaining a court order, to intercept communications -USA PATRIOT Act: Gave sweeping new powers to both domestic law enforcement and U.S. international intelligence agencies -Increased their ability to search telephone, email, medical, financial, and other records -Passed five weeks after the terrorist attacks of September 11, 2001
Right of Privacy
Right to be left alone, most comprehensive of rights, most valued by free people
Privacy Act:
Sets rules for the collection, use, and dissemination of personal data kept by federal agencies -Prohibits U.S. government agencies from concealing the existence of any personal data record-keeping system
Internet filter:
Software that blocks access to certain websites that contain material deemed inappropriate or offensive Uses a combination of URL, keyword, and dynamic content filtering
Stalking app:
Software that can be loaded onto a cell phone or smartphone - Performs location tracking, records calls, views text messages sent or received, and records the URLs of any website visited on the phone - Illegal to install the software on a phone without the permission of the phone owner - Performs location tracking, records calls, views text messages sent or received, and records the URLs of any website visited on the phone - Illegal to install the software on a phone without the permission of the phone owner
Bill of Rights
Ten amendments that were ratified to protect the privacy of individuals
Plagiarism:
The act of stealing someone's ideas or words and passing them off as one's own
Electronic discovery (e-discovery):
The collection, preparation, review, and production of electronically stored information for use in criminal and civil actions
Information Privacy
The combination of communications privacy (the ability to communicate with others without those communications being monitored by other persons or organizations) and data privacy (the ability to limit access to one's personal data by others)
Internet censorship:
The control or suppression of the publishing or accessing of information online Speech on the Internet requires a series of intermediaries to reach its audience with each intermediary vulnerable to some degree of pressure from those who want to silence the speech Different Forms: - Limiting access to certain websites - Allowing access to only some content or to modified content at certain websites - Rejecting the use of certain keywords in online searches - Tracking the Internet activities of individuals - Jailing individuals for their Internet use - Deregistering a domain that hosts content deemed inappropriate or illegal - Think about Amazon, Twitter and Facebook policies
Copyright:
The exclusive right to distribute, display, perform, or reproduce an original work in copies, or to prepare derivative works based on the work
Transborder data flow:
The flow of personal data across national boundaries -Fair information practices form the underlying basis for many national laws addressing data privacy and data protection issues
Reverse engineering:
The process of taking something apart in order to understand it, build a copy of it, or improve it Applicable for both hardware and software Violates copyright and trade secret laws Software license agreements typically forbid reverse engineering. The courts have ruled in favor of using reverse engineering to enable interoperability. Reverse engineering can also be a useful tool in detecting software bugs and security holes
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment does not limit how a private employer treats its employees State privacy statutes tend to favor employers over employees
Reasons for developing open source code:
To earn respect for solving a problem To pay back the developer community To promote expertise and/or attract new clients To recover maintenance cost To avoid the hassle of license and marketing
Criticisms of CIPA:
Transferred power over education to the software companies that develop the Internet filters. Some filters are ineffective. Penalties resulting in a loss of federal funds could lead to a less capable version of the Internet for students at poorer schools
US Trade Secret Laws
Uniform Trade Secrets Act (UTSA): Established uniformity across the states in area of trade secret law Economic Espionage Act (EEA) of 1996: Imposes penalties for the theft of trade secrets Defend Trade Secrets Act of 2016: Amended the EEA to create a federal civil remedy for trade secret misappropriation -Allows for seizure of property under certain conditions to prevent dissemination of the misappropriated trade secret
Cyberloafing:
Using the Internet for purposes unrelated to work, such as posting to Facebook, sending personal emails or texts, or shopping online - Private employers may legally monitor employees' use of any employer-provided mobile phone or computing device
Right to Financial Privacy Act
protects the records of financial institution customers from unauthorized scrutiny by the federal government (does not cover disclosures to private businesses or state/local governments)
