Professional Documents
Culture Documents
MIS - Ethical and Social Issues
MIS - Ethical and Social Issues
• Property rights and obligations: How will traditional intellectual property rights be protected in a
digital society in which tracing and accounting for ownership are difficult and ignoring such property
rights is so easy? E.g. (trade secret, copyright, and patent law)
• Accountability and control: Who can and will be held accountable and liable for the harm done to
individual and collective information and property rights?
• System quality: What standards of data and system quality should we demand to protect individual
rights and the safety of society? Eg .(Computer crime , Spam junk e mail
• Quality of life: What values should be preserved in an information- and knowledge based society?
Which institutions should we protect from violation? Which cultural values and practices are supported
by the new information technology?
Information Rights: Privacy and Freedom in the
Internet Age
• Privacy: Claim of individuals to be left alone, free from surveillance or interference
from other individuals, organizations, or state; individuals claim to be able to
control information about yourself.
• Protected primarily in United States by
– First Amendment (freedom of speech)
– Fourth Amendment (unreasonable search and seizure)
– Additional federal statues (e.g., Privacy Act of 1974)
• Most U.S. federal privacy laws apply only to federal government, not to private
sector
• Today, millions of employees are subject to electronic surveillance
• Because of information technology, invasion of privacy is cheap, profitable and
effective.
Internet Challenges to Privacy
Computer systems able to monitor, capture, store communications passing through.
• Cookies
• Tiny files downloaded by Web site to visitor’s hard drive
• Identify visitor’s browser and track visits to site
• Allow Web sites to develop profiles on visitors
• Web bugs/ Web beacons
• Tiny graphics embedded in e-mail messages and Web pages
• Designed to monitor online Internet user behavior
• Monitor who is reading/view a message/website and transmitting that information to another computer on the
Internet without user knowledge.
• Spyware
• Surreptitiously installed on user’s computer
• May transmit user’s keystrokes or display unwanted ads
• Google services and behavioral targeting
• online behavioral advertising targeting users bases on behavior in web-browsing as well as collecting private
information
How cookies identify Web visitors
Cookies are written by a Web site on a visitor’s hard drive. When the visitor returns to that Web site, the Web server requests the ID number from the
cookie and uses it to access the data stored by that server on that visitor. The Web site can then use these data to display personalized information.
Challenges to Privacy and Intellectual Property
• U.S. allows businesses to gather transaction information without user consent and use this for other
marketing purposes
• Opt-out(request data not to be collected) vs. opt-in(one has to approve collection and use)
model
• Online industry promotes self-regulation over privacy legislation
• Extent of Self regulation responsibility varies
• Statements of information use are quite different some are complex and ambiguous
• Some firms offer opt-out selection boxes
• Online “seals” of privacy principles(trustee disclosure, choice, access, security)
• Network Advertising Initiative (NAI): provides self-regulatory guidelines for participating
networks and opt-out technologies
• Most Web sites do not have any privacy policies
• Many online privacy policies do not protect customer privacy, but rather protect the firm from law
suits
Information Rights: Privacy and Freedom in the
Internet Age
Technical Solutions
• Platform for Privacy Preferences (P3P)
• Allows Web sites to communicate privacy policies to visitor’s Web browser – user get more control over personal
information
• User specifies privacy levels desired in browser settings
• E.g. “medium” level accepts cookies from first-party host sites that have opt-in or opt-out policies but rejects
third-party cookies that use personally identifiable information without an opt-in policy.
• Only works with Web sites who have translated policies into P3P format
• Privacy Protection Tools
– E-mail encryption : Secure e-mail or data
– Anonymity tools: Block ads and manage cookies
– Anti-spyware tools: E.g. Norton 360
– Browser features: Anonymous surfing
• “Private” browsing
• “Do not track” options
The P3P Standard
P3P enables Web sites to translate their privacy policies into a standard format that can be read
by the user’s Web browser software. The user’s Web browser software evaluates the Web site’s
privacy policy to determine whether it is compatible with the user’s privacy preferences.
Information Rights: Privacy and Freedom in
the Internet Age
Ethical Issues
• Under what conditions should privacy be invaded?
• What legitimates unobtrusive surveillance through
market research, or by whatever means?
Information Rights: Privacy and Freedom in the
Internet Age
Social Issues
• Concerns on “Expectations of privacy”, privacy norms.
• Should people have expectations of privacy while using
e-mail, cellular phones, bulletin boards, postal system,
etc.?
• Do expectations of privacy extend to criminal
conspirators?
Information Rights: Privacy and Freedom in the
Internet Age
Political Issues
• Statutes to govern relationship between record
keepers and individuals
• Should FBI monitor e-mail?
• Should e-commerce sites maintain personal data
about individuals
Property Rights: Intellectual Property
Intellectual Property
• Intangible property created by individuals or corporations which is subject to
protections under trade secret, copyright and patent law
• Three ways that intellectual property is protected
• Trade secret: Intellectual work or product belonging to business, not in the
public domain
• Copyright: Statutory grant protecting intellectual property from being
copied for the life of the author.
• Patents: Grants creator of invention an exclusive monopoly on ideas behind
invention.
Property Rights: Intellectual Property
Trade Secret
• Any intellectual work product used for a business purpose;
cannot be based on information in public domain
• Protects both ideas in product as well as product itself
• Applies to software with unique elements, procedures,
compilations
• Difficult to prevent ideas in the work from falling into public
domain after distribution
Property Rights: Intellectual Property
Copyright
• Statutory grant that protects creators of intellectual
property from having work copied for the life of author
plus 70 years; 95 years for corporate-owned property
• Computer Software Copyright Act provides protection
for program code and product copies sold in commerce
• Does not protect underlying ideas behind work
Property Rights: Intellectual Property
Patents
• Grants exclusive monopoly on ideas behind invention
for 20 years
• Ensures inventors receive full rewards for labor; but
prepares for widespread use by providing detailed
documents
• Applies to underlying concept of software
• Stringent criteria of nonobviousness, originality, and
novelty; lengthy application process
Property Rights: Intellectual Property
Challenges to Intellectual Property Rights
• Digital media different from physical media (e.g. books)
• Ease of replication
• Ease of transmission (networks, Internet)
• Difficulty in classifying software
• Compactness of the product
• Difficulties in establishing uniqueness
• Proliferation of electronic networks, including Internet, World Wide Web
• File-sharing software
• Perfect digital copies cost almost nothing
• Sharing of digital content over the Internet costs almost nothing
• Sites, software, and services for file trading are not easily regulated.
• A web page may present data from many sources, and incorporate framing
Digital Millennium Copyright Act (DMCA) 1998
• Makes it illegal to circumvent technology-based protections of copyrighted materials
– Implements World Intellectual Property Organization treaty
Who owns the pieces? Anatomy of a Web
page
Web pages are often constructed with elements from many different sources, clouding issues of ownership and intellectual property protection.
Property Rights: Intellectual Property