Activity 12-1

1. From the cases summarized above, explain what constitues acomputer crime.

Computer crimes accomplished through the use of computer systems, especially with intent to defraud, destroy, or make unauthorized use of computer system resources. Computer crimes vary from territory to territory. Laws against computer abuses must first be institute before it becomes a computer crime.

Computer crime can involve criminal activities that are traditional in nature, such as theft, fraud, forgery and mischief, all of which are generally subject everywhere to criminal sanctions. The computer has also created a host of potentially new misuses or abuses that may, or should, be criminal as well.

2. Discuss at least three other examples of computer crimes.

Computer EmbezzlementIt is defined as "the fraudulent conversion of property of another by a person in lawful possession of that property". Crimes of this nature generally have involved a relationship of trust and confidence, such as an agent, fiduciary, trustee, treasurer, or attorney.

Software applications like QuickBooks and other accounting management systems have become the industry standard because of their ease of use, efficiency and powerful reporting capabilities. However, disgruntled or dishonest employees who are believed to be trustworthy can also abuse these popular business systems. Embezzlements from business are on the rise and the evidence of such crimes is usually in the form of computer related evidence.

In most states in the United States embezzlement is a crime. Under acts of Congress, stealing of letters by postmasters, clerks, and letter carriers is considered embezzlement.


Child Pornography
Pornography is any written or visual material that depicts nudity and/or sexually explicit activity for the purpose of causing sexual arousal. Of course, not all descriptions or photographs of nudity, sexual organs, and sexual activity (such as those found in educational material or medical textbooks) are pornographic. What makes material pornographic is its calculated intent to cause sexual arousal.

In the United States, viewing child pornography of any kind, including the various pictures or movies on the Internet, is indeed a computer crime. Several laws in this country prohibit the sale, distribution, viewing, and making of child pornography. The U.S. government regards any person under the age of 18 to be a child, so therefore pictures of a naked 17 year old are still considered child pornography.

Software CrackingIt is a software hacking in order to remove the encoded copy protection. Distribution of cracked software (warez) is generally an illegal (or more recently, criminal) act of copyright infringement.

Software cracking is most often done by software reverse engineering.

The passage of the Digital Millennium Copyright Act made software cracking, as well as the distribution of information, which enables software cracking, illegal in the United States.

A good example would be a "No CD" crack, which edits the program so that the CD is no longer needed to execute the program. Another example occurs when businesses break the copy protection of programs that they have legally purchased but that are keyed to particular hardware, so that there is no chance of downtime due to hardware failure.

References:

http://www.answers.com/topic/software-cracking

www-staff.mcs.uts.edu.au/~jim/cit2/cit2-99/legal/LegalIssue.html#What%20is%20computer

http://en.wikipedia.org/wiki/Computer_crime
http://www.crime-research.org/library/Introduction.htm
http://en.wikipedia.org/wiki/Pornography
http://en.wikipedia.org/wiki/Embezzlement
http://legal.laborlawtalk.com/EMBEZZLEMENT

Activity 10-1

Discuss one of the issues taken up in this module from the point of view of the preliminary and finalist theories discussed in Modules 3 and 4. Note that you must discuss the issue you choose from six perspectives (three preliminary theories and three finalist theories). To put it another way, you must come up with six perspectives on the issue.

Pornography

Ethical Relativism
We all know that pornography threatens families especially children. It is considered as a violation of decency, morality and could corrupt the viewer’s mind and soul. On the other hand, some invoke their freedom of speech and expression especially in the form of arts and human anatomy. This explains why pornography in the net is tolerated in some country while banned in other countries.

Also, these differences does not limit to countries to countries only but due to diverse cultural heritage, varied religious affiliations, different prevailing social norms and even distinct individual preferences as well.

Ethical Absolutism
Divine law is the law above all laws. “The laws of nature and all other laws, would fall under divine law as it encompasses and governs not only human actions but also the entire universe” (Computer Ethics – Albacea, Payongayong and Pinpin).

For Christians, the Holy Bible, consisting of the old and new testaments, contains the divine law. It is written in the Holy Bible that “lust of the flesh, lust of the eyes and pride of life are sins to God”. Pornography is addictive (1 Corinthians 6:12; 2 Peter 2:19), destructive (Proverbs 6:25-28; Ezekiel 20:30; Ephesians 4:19), and leads to ever-increasing wickedness (Romans 6:19).

Since Divine law is absolute, ethical absolutists consider pornography as morally bad.

Ethical Egoism and Ethical Altruism
In Pornography, there are two parties involved. The audience or the viewer or the reader and the publisher, that includes all the person involves in producing such material.

Egoism portrays individual as terribly self-centered. An entity that promotes it, considers pornography as an object of desire of flesh or information, to the viewer and an object of desire of money or popularity, to the publisher. On the other hand, to some that condemns it, considers pornography as an object of aversion.

There could also be an altruistic act in publishing a pornographic material. Artists, models or producers wants the audience to be informed, educated or satisfied with their urges.


Utilitarianism
Some people that patronize pornography consider it as morally right because such action brings pleasure and happiness. While others that condemn pornography consider it as morally wrong as it may result to corruption of mind and soul, thus this brings unhappiness, pain and problem to their families.


Categorical Imperatives
Many individuals, groups, communities, sects, and countries condemn pornography. With the existence of a contradiction, pornography cannot have moral worth.

To all that patronizes and promotes pornography may think that such action is meant to be good merely as means to something else. Since such action is not good in itself, thus it cannot be applicable to categorical imperatives but to hypothetical imperatives.


Nicomachean Ethics
Pornography is a human action, then it follows that the norms and standards of morality apply to it. Moral ideals such as goodness, righteousness, fairness, and justice apply in the evaluation of pornography as a human action. In this theory, pornography is considered as immoral:

• It corrupts the mind and the soul of an audience.
• It seeks to exploit women, men and now young children.
• It is against the Will of GOD.

Indecency, exploitation and addiction are not the means towards attaining the “good life”.

Reference:

http://www.gotquestions.org/pornography.html

Activity 9-1

Choose one of the social justice issue in computing discussed above and find out to what extent it is an issue in the Philippines. Then find out what is being done to address it in specific countries. For example, in the case of the digital divide due to language differences, Soriano reports the adoption of ‘the Unicode Standard, “a character coding system designed to support the worldwide interchange, processing, and display of the written texts of the diverse languages of the modern world.” Developed, extended and promoted by a non-profit organization, the Unicode Consortium (www.unicode.org), the Unicode Standard makes international communication easier.’


Electronic monitoring. This includes electronic eavesdropping and wire-tapping.

Wire-tapping (definition):
- Cisco Systems defines it as monitoring and recording data that is flowing between two points in a communication system.

After the recent bombings here in the Philippines (Makati, Davao and General Santos), A congressman at the House of Representatives cited the need to hasten passage of anti-terrorism bill.

Malacañang is in favor of including a provision on wire-tapping in the anti-terrorism bill being deliberated in Congress.

In a phone patch interview with National Security Adviser Norberto Gonzales last Feb 16, 2005:

He saw nothing wrong with the method of getting information as long as safeguards were in place to ensure that this would not be used to encroach on the privacy of the individuals.

“Wire-tapping is an accepted tool of intelligence in practically all countries of the world. We should check whether wire-tapping would invade privacy of individuals. We are very particular that that particular provision will not be abused. If it would be included in the law, wire-tapping should be restricted to monitoring activities of criminals and lawless elements.” Interest on the anti-terrorism bill was revived following bomb attacks on Valentine’s Day in the cities of Makati, Davao and General Santos. The House said it would hasten the passage of the measure by June. Asked whether the Palace was supporting the bill, Gonzales said, “It’s about time we have that.”

Technical working group was discussing the bill. Wire-tapping would only be allowed, for as long as there is a court order. Hence, we shouldn’t worry about the concern on proposal to allow the use of electronic surveillance or wire-tapping in cases of sedition, kidnappings, and other criminal cases as it might infringe on the people’s right to privacy.



Source:

Daily Inquirer. Feb 16, 2005 edition.
www.mb.com.ph/OPED2005022329282.html

SAQ 8-1

2. Think of an act, other than those already discussed in this module, that would constitute a viloation of privacy in computing. Explain.


Privacy can be pondered of as the power to conceal parts of the truth about oneself, or sometimes the power to control the use of truths about one that other people know. It is something that is not easy to define because it is a subjective matter. Some people have a desire, for personal motives, to move through society without being recognized, non-intervention in their affairs. Others have no problems giving out information about themselves in order to access information, goods, services or memberships. For most people, privacy is an issue of simplicity and security. People want to avail services without complicated forms and reference checks, and may be voluntarily allow information systems tracked their movements or purchases.

"Privacy of communications" refers to cover from interception with communication over the phone or the Internet. Respect for the privacy of communications is an important prerequisite for the maintenance of human relationships via technological communications media. This includes Voice Mail and SMS messages, Internet Relay Chats, Instant Messaging, Phone Conversations (on VoIP, PSTN, and Cellular), etc.

This act is either morally good or morally bad depending on the motive and purpose. It is morally bad because it transgresses the privacy of the concern. On the other hand, it can be morally good because it prevents terroristic activities.



Reference:
http://www.apc.org/english/rights/handbook/ICT_21.shtml
http://archive.cpsr.net/cpsr/privacy/wiretap/wiretap.html

SAQ 7-1

Choose one example of computer abuse which you think is morally wrong. Explain why you consider it morally wrong. using any of the ethical principles you learned in the earlier modules.


Pornography

Definition : Still or moving images, usually of women, in varying states of nudity, posing or performing erotic acts with men, women, animals, machines, or other props. Some say it degrades women, some say it corrupts young boys (who down-load it from the World-Wide Web or exchange it on floppy disks). Most of it is in the form of JPEG images. There are many sites on the World-Wide Web offering porn of all sorts, almost always for a subscription. It is said that these are a driving force in the evolution of new technology and techniques for the web. Advertisements for them certainly constitute a significant proportion of all spam. There are even pornographic computer games, an early example being Mac Playmate.
- www.hyperdictionary.com/dictionary/pornography

The word, pornography, is drawn from the Greek words porne (female captive, slave or prostitute) and graphos (writing or drawing). Thus the etymology of the word links graphic portrayal of women with bondage and inequality with men. Such material should not be called pornography if it does not serve its purpose.

I consider pornography as morally bad at all times. Under no circumstance that this act becomes morally good:

1. It corrupts the mind and the soul of an audience.
Pornography usually gives the audience the wrong idea about sexuality. It lies about the needs of females and their sexuality. It lies about male sexuality and male talents for sex. It makes every woman a nymphomaniac. It tells a man that rape is a favor to a woman. It is full of these kinds of lies.

2. It seeks to exploit women, men and now young children.
They are displayed like meat at a counter. There are even hints at what the buyer can expect if he were to get lucky. It takes advantage of others to fill a demand that is made by those who want this type of material. Others must be exploited to fill the needs of a very limited group. We must understand, however, that even though one does not "buy these books" it does not mean that we are not allowing exploiting of others when we allow people to buy this material. Pornography is vicious and it must be dealt with viciously.

3. It is against the Will of GOD.
The Bible, in Matthew Chapter 5, tells us much about the sin of "lust in the heart". To look upon a woman with lust is sin. For us to promote or allow the promotion of lust is to neglect our duty as Christians. We must abstain from every form of evil (I Thess. 5:22). We are encouraged to seek that which is honorable, just, pure (Phillippians 4). The things that pornography promotes, uncleanness, fornication, lasciviousness, are all works of the flesh (Gal. 5:18-21). We as Christians can have nothing to do with pornography.

The danger of pornography is in its addictive quality and its power to corrode real flesh-and-blood relationships with objectified, idealized fantasies. Most pornography is designed as a masturbation tool for men, in which the pleasure of sexual stimulation becomes associated with isolation and degrading depictions of women.

Addiction to pornography can be overcome but it is not easy and requires honesty before God and accountability with other Christians.


References:
hyperdictionary.com/dictionary/pornography
sexscience.org/publications/index.php?category_id=440&subcategory_id=336
vogon-computer-evidence.com/electronic-disclosure/computer_abuse_examples.htm
www.bible.ca/s-pornography.htm
www.mcc.org/abuse/pornography/definition.html

SAQ 6-1

B. Pick three of the precepts on computer use discussed above and briefly explain each precept in terms of the theory of ethics and the ethical concepts (discussed in Modules 1-4) that underpin it.

“Thou shalt not use a computer to harm other people.”
“Thou shalt not use a computer to steal.”
“Thou shalt not snoop around in other’s files.”


C. Cite two ethical issues in computing. Explain how they are ethical in nature.

Online Privacy
Information Technology enables data exchange of information on the Internet from anybody, on any locations or parts of the world, at any times. In this situation, there is increased potential for information exposure and violating the privacy of any individuals and groups of people due to its widespread disseminations worldwide. It is our challenge and responsibility to maintain the privacy and integrity of data regarding individuals. This also includes taking precautions to ensure the accuracy of data, as well as protecting it from unauthorized access or accidental disclosure to inappropriate individuals.


System Security and Access Right
Due to the current popularity of E-commerce on the Internet, the topic of computer security and access right has moved rapidly from being a low priority for business institutions and government agencies to a high priority. This interest has been intensified by computer break-ins at places like Microsoft Laboratories, Ebay and NASA in the US. Many attempts of such illegal access to United States government and military computers by computer hackers have been widely reported. Without implementation of proper computer security policies and strategies, network connections on the Internet can’t be made secure from illegal accesses.

D. As a computer user, do you approve of an ordering principle, in the form of legislation, being formulated and enforced to govern computer use? Why? Defend your answer.

Yes!

The growing threat to individuals is beginning to ask for attention in national and international community. In many countries around the world, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from those who would pose false information, from who steal, deny access to, or even destroy valuable information.

Self-protection is not adequate to make Internet a safe place to conduct business. The rule of law must also be enforced. Countries where legal protections are insufficient will become increasingly less able to compete in the new economy. As cyber crime increasingly breaches national borders, nations perceived as havens run the risk of having their electronic messages blocked by the network. National governments should examine their current statutes to determine whether they are sufficient to combat such kinds of crimes (Chan and Camp, 2002). Until now, only few nations have amended their laws to cover computer crimes that need to be addressed. Other countries begin to implement some initiatives, and it is clear that a great deal of additional work and efforts are needed before organizations and individuals can be confident that cyber criminals will think twice before attacking valued systems and information.

New participating countries started generating principles to protect individuals from the potential invasion of privacy that data collection and retrieval poses. These countries have adopted guidelines as statutory law, in whole or in part. The OECD (Organization for Economic Cooperation and Development) in the US has specific
guidelines pertaining to data privacy that directly affect those dealing with Internet data access in general, and those who use so-called "personal data" in particular.

SAQ 4 -1

1. Which of the finalist theories appeals to you the most?

Aristotle’s Nicomachean Ethics impresses me most. Unlike Mill’s Ethics and Kant’s Ethics, which only focuses on happiness and good will respectively, Aristotle’s Ethics “considers” wider concept of ethics.

Aristotle’s Ethics adopted the concept of Utilitarianism but of a different way. Actions are utilized as instruments not just for other ends but that are regarded to be of greater value. Aristotle also put into account that man, as a rational being is capable of living a life of reason. Since we endowed with rationality, he pointed out that the life of reason is the happiest.

Central to this ethics is virtue that is categorized in to two types: moral virtue, which is the virtue of character and intellectual virtue, which is the virtue of thought. Both virtues were identified, as activities of the soul that comprises rational and irrational parts.



2. Which do you think seems to predominate in the world of computing, as you know it?

I think Aristotle’s Nicomachean Ethics has predominated the world of computing. In the world of computing, IT professionals and users are stakeholders that interact with each other. These stakeholders are rational beings, which are separated by their reasons want to achieve good lives. Also, computing is a human action and it follows that the norms and standards of morality apply to it. As a result, moral ideals such as righteousness, fairness, goodness and justice apply in the evaluation of computing as human action.

SAQ 2-1

1. What relevance, if any, does the study of the concepts of law, in general, have in computing and your study of computer ethics?

Law governs society or community such as religious groups, students, professionals, etc. In a society or community, actions are controlled by laws that are enforced by authorities. Laws are created in order to have harmonious societies and communities. Every individual whose bounded by those laws must obey or conform to or else the action is subject to its equivalent punishment or condemnation.

On the other hand, Ethics has a broader scope. In fact, Ethics is the foundation of Moral law. An action may be unethical but still lawful; similarly, unlawful but never ethical.

As an IT professional, each one of us belongs to at least a computing society. Practicing good computer ethics and abiding laws governing computing helps or even makes the existence of our society – The Computing Society.


2. List down two laws governing computer use and explain what types of non-jural law seem to underpin these two laws.

i.] Piracy - The unauthorized use or reproduction of copyrighted or patented material. (dictionary.com)

ii.] Pornography - Sexually explicit pictures, writing, or other material whose primary purpose is to cause sexual arousal. (dictionary.com)

Moral Law
In piracy, it transgresses the owner’s intellectual property rights. While in pornography, though not illegal in all countries, may lead to violent crimes and psychological effects. Both violate the precepts of good and virtuous conduct.

Natural Law
The precepts of this law are righteousness, justice, equity and fairness. Piracy and pornography are human actions that go against the precepts of this law.

Divine Law
Lastly, this law supports the law on piracy and pornography. Both laws are clear evidence of human soul corruption.