1

IMS657: LEGAL AND

ETHICAL ASPECTS OF
INFORMATION SYSTEMS
INSTRUCTOR:
MOHAMAD NOORMAN MASREK
Course Content 2

3. Ethics
 Moral vs Akhlaq Theories
 Theories of Ethics
 Information Ethics
 Professional Ethics in Information Systems
 The moral and ethical Dimension of Information
Systems
Learning Outcome 3

 At the end of the session students should be able

to:
 Explain theories relating to moral and akhlaq
 Describe professional ethics in information systems
 Apply the moral and Ethical ethics in the use and
development of information systems
Overview of Morality 4

 Morality is a set of rules for right conduct, a system

used to modify and regulate our behavior. It is a
quality system in human acts by which we judge
them right or wrong, good or bad.
 This system creates moral persons who possess
virtues like love for others, compassion, and a
desire for justice; thus, it builds character traits in
people.
Overview of Morality 5

 Because morality is territorial and culturally based,

as long as we live in a society, we are bound to
live within that society’s guidelines.
 The actions of individuals in a society only have
moral values if taken within the context of this very
society and the culture of the individual.
Ethics and Morality 6

 Ethics is derived from the Greek ethos, and the

term morality has its roots in the Latin mores.
 “Ethics” and “morality” are often used
interchangeably everyday discourse, but there
are some important distinctions between the two
terms.
 In simple term, ethics is the study of morality.
Ethics and Morality 7

 Morality can be defined as a system of rules for

guiding human conduct, and principles for
evaluating those rules.
 Note that (i) morality is a system, and (ii) it is a
system comprised of moral rules and principles.
 Moral rules can be understood as rules of
conduct, which are very similar to the notion of
policies.
Ethics and Morality 8
Ethics and Morality 9

 Rules of conduct for guiding action in the moral

system, whether individual directives or social
policies, are ultimately derived from certain core
values.
 Principles for evaluating rules of conduct, on the
other hand, are typically grounded in one of
three systems or sources: religion, law, or
(philosophical) ethics.
Ethics and Morality 10
Ethics and Morality 11

 Three Approaches for Grounding the Principles in

a Moral System
1. Grounding Moral Principles in a Religious System
e.g. “Stealing is wrong because it offends God /
Allah or because it violates one of the religious
commandments”.
2. Grounding Moral Principles in a Legal System e.g.
“Stealing is wrong because it violates the law”.
3. Grounding Moral Principles in a Philosophical
System of Ethics e.g. “Stealing is wrong because it
is wrong”.
Why Do We Need Ethical 12

Theories?
 Science uses theory to provide us with general
principles and structures with which we can
analyze our data.
 Ethical theory, like scientific theory, provides us
with a framework for analyzing moral issues via a
scheme that is internally coherent and consistent
as well as comprehensive and systematic.
Ethical Theories 13

 Ethical Theories can be divided into:

1. Consequence-based ethical theories
2. Duty-based ethical theories
3. Contract-based ethical theories
4. Character-based ethical theories
Consequence Based 14

Ethical Theories
 Such theories are also known as utilitarian ethical
theories.
 For these ethicists, the consequences (i.e., the
ends achieved) of actions and policies provide
the ultimate standard against which moral
decisions must be evaluated.
 So if one must choose between two courses of
action— that is, either “Act A” or “Act B”—the
morally correct action will be the one that
produces the most desirable outcome.
 Consequence Based Ethical Theories have two
views (i) Act Utilitarians (ii) Rule Utilitarians
Consequence Based 15

Ethical Theories
 According to act utilitarians, an act, X, is morally
permissible if the consequences produced by
doing X result in the greatest good for the
greatest number of persons affected by Act X.
 According to rule utilitarians, an act, X, is morally
permissible if the consequences of following the
general rule, Y, of which act X is an instance,
would bring about the greatest good for the
greatest number.
Consequence Based 16

Ethical Theories
 Example of Act Utilitarian Scenario
 A policy is under consideration in a legislative body in
the nation of Newmerica, where 1% of the population
would be forced to work as slaves in a manufacturing
facility to produce computer chips. Proponents of this
policy argue that, if enacted into law, it would result in
lower prices for electronic devices for consumers in
Newmerica. They argue that it would also likely result in
more overall happiness for the nation’s citizens
because the remaining 99% of the population, who are
not enslaved, would be able to purchase electronic
devices and other computer-based products at a
much lower price. Hence, 99% of Newmerica’s
population benefit at the expense of the remaining 1%.
This policy clearly seems consistent with the principle of
producing the greatest good for the greatest number
of Newmerica’s population, but should it be enacted
into law?
Consequence Based 17

Ethical Theories
 Example of Rule Utilitarian Scenario
 Rule utilitarianism eliminates as morally permissible
those cases in which 1% of the population is
enslaved so that the majority (the remaining 99%)
can prosper. Rule utilitarians believe that policies
that permit the unjust exploitation of the minority by
the majority will also likely have overall negative
social consequences and thus will not be consistent
with the principal criterion of utilitarian ethical
theory.
Duty Based Ethical 18

Theories
 Performing our duties may result in our being
unhappy and may not necessarily lead to
consequences that are considered desirable.
 Theories in which the notion of duty, or obligation,
serves as the foundation for morality are called
deontological theories
 This types of theories are further divided into (i)
Rule Deontology (ii) Act Deontology
Duty Based Ethical 19

Theories
 According to Rule Deontologist act always on
that maxim or principle (or rule) that ensures that
all individuals will be treated as ends-in-
themselves and never merely as a means to an
end.
 According to Act Deontologist, all of us have
certain prima facie (or self-evident) duties, which,
all things being equal, we must follow, thus our
ability to determine what our actual duty will be in
a particular situation is made possible through a
process of “rational intuitionism” (similar to the one
used in mathematics).
Duty Based Ethical 20

Theories
 Example of Rule Deontology scenario:
 Bill, a student at Technical University, approaches his
philosophy instructor, Professor Kanting, after class one day to
turn in a paper that is past due. Professor Kanting informs Bill
that since the paper is late, he is not sure that he will accept it.
But Bill replies to Professor Kanting in a way that suggests that
he is actually doing his professor a favor by turning in the
paper late. Bill reasons that if he had turned in the paper when
it was due, Professor Kanting would have been swamped with
papers. Now, however, Kanting will be able to read Bill’s
paper in a much more leisurely manner, without having the
stress of so many papers to grade at once. Professor Kanting
then tells Bill that he appreciates his concern about his
professor’s well being, but he asks Bill to reflect a bit on his
rationale in this incident. Specifically, Kanting asks Bill to
imagine a case in which all of the students in his class, fearing
that their professor would be overwhelmed with papers
arriving at the same time, decided to turn their papers in one
week late.
Duty Based Ethical 21

Theories
 Example of Act Deontology scenario:
 You promise to meet a classmate one evening at
7:00 in the college library to study together for a
midterm exam for a computer science course you
are taking. While driving in your car to the library,
you receive a call on your cell phone informing you
that your grandmother has been taken to the
hospital and that you should go immediately to the
hospital. You consider calling your classmate from
your car, but you realize that you don’t have his
phone number. You also realize that you don’t have
time to try to reach your classmate by e-mail. What
should you do in this case?
Contract Based Ethical 22

Theories
 The theorist believe that each person must
continually fend for herself, and, as a result, each
must also avoid the constant threats of others,
who are inclined to pursue their own interests and
desires.
 The theorist also believe that we are willing to
surrender some of our “absolute” freedoms to a
sovereign. In return, we receive many benefits,
including a system of rules and laws that are
designed and enforced to protect individuals
from being harmed by other members of the
system.
Contract Based Ethical 23

Theories
 Scenario and Critiques of Contract Based Ethical
Theories
 Consider the case of Kitty Genovese who was
murdered outside her apartment building in Queens,
New York in 1964, as thirty-eight neighbors in her
apartment building watched. During the incident,
none of Genovese’s neighbors came to her rescue or
called the police. When interviewed after the fact,
some of her neighbors responded that they did
nothing wrong. In one sense, they were correct, since
there was no explicit law requiring that they do
anything at all. So technically, these neighbors were
correct, at least from a legal perspective. But we can
certainly ask whether her neighbors had a moral
obligation to do something rather than simply be
indifferent. It is in this sense, then, that social contract
theory can be seen as being minimalist and legalistic,
and not a robust theory of morality.
Character Based Ethical 24

Theories
 It is also known as virtue ethics
 This ethical theory ignores the special roles that
consequences, duties, and social contracts play
in moral systems, especially with respect to
determining the appropriate standard for
evaluating moral behavior.
 Rather, it focuses on criteria having to do with the
character development of individuals and their
acquisition of good character traits from the kinds
of habits they develop.
Character Based Ethical 25

Theories
 Because virtue ethics focuses primarily on
character development and moral education, it
does not need to rely on a system of formal rules.
 Virtue ethicists believe that a moral person is one
who is necessarily disposed to do the right thing.
Consequence vs Duty vs 26
Contract vs Character
Ethical Theories
 Both utilitarians and deontologists depend on
having a system of rules when they ask a question
such as: What should we do in such and such a
case or situation?
 For utilitarians, the answer could be found by
measuring the anticipated outcomes of following
a general rule or principle.
 For deontologists the answer can be determined
by using a formal rule such as the categorical
imperative as a principle for determining which
duties you have.
Consequence vs Duty vs 27
Contract vs Character
Ethical Theories
 For contract theorists, questions involving moral
obligation ultimately rest on the principle or rule:
What is the nature of my contract, if any, in this
particular situation?
 Virtue ethicists take a very different tack. Instead
of asking, “What should I do in such and such a
situation?” a virtue ethicist asks, What kind of
person should I be? Hence, the emphasis on
being a moral person, and not simply on
understanding what moral rules are and how they
apply in certain situations.
Consequence vs Duty vs 28
Contract vs Character
Ethical Theories
Combining All Previous 29
Theories: Moor’s Just-
Consequentialist Theory
 Moor believes that only an ethical approach that
combines considerations of consequences of action
with more traditional deontological considerations
of duties, rights, and justice can provide us with a
defensible ethical theory.
 Moor begins by considering what kind of conduct
we want ethics to regulate. He believes first and
foremost everyone wants to be protected against
suffering unnecessary harms.
 Another desirable objective of ethics, according to
Moor, is to support justice, rights, and duties. We
want others to keep their promises and agreements,
to obey the law, and to fulfill their duties in whatever
roles they play.
Combining All Previous 30
Theories: Moor’s Just-
Consequentialist Theory
 Moor argues, the ethical life is not nearly so
simple. Often actions involve a mixture of goods
and evils as well as conflicts among duties.
Sometimes we need to make exceptions to our
general policies for action.
 How do we decide what to do? Moor’s answer
involves two steps: the deliberation stage and the
selection stage.
Combining All Previous
31
Theories: Moor’s Just-
Consequentialist Theory
1. Deliberate over various policies from an impartial point of
view to determine whether they meet the criteria for
being ethical policies. A policy is ethical, if it
a) does not cause any unnecessary harms to individuals and
groups, and
b) supports individual rights, the fulfilling of duties, etc.
2. Select the best policy from the set of just policies arrived
at in the deliberation stage by ranking ethical policies in
terms of benefits and (justifiable) harms. In doing this, be
sure to
a) weigh carefully between the good consequences and bad
consequences in the ethical policies, and
b) distinguish between disagreements about facts and
disagreements about principles and values, when deciding
which particular ethical policy should be adopted.
(Knowledge about the facts surrounding a particular case
should inform the decision-making process.)
Islamic Ethics (Akhlaq) 32

 Islamic ethics is being defined as akhlaq (plural of

khuluq) which means character, nature, and
disposition.
 The word akhlaq has a very close relationship with
the word khaliq (the Creator) and makhluq (the
creature).
 Therefore, akhlaq assumes a good relationship
between khaliq (the Creator) and makhluq (the
creature), and between makhluq (the creature)
and makhluq (the creature) themselves.
Islamic Ethics (Akhlaq) 33

 Islamic scholar defined Islamic Ethics (Akhlaq) as

“the science of the human soul which defines the
characteristics and qualities of the soul as well as the
methods of how to control and moderate them”.
 Two primary sources of Islamic ethics are the Qur’an
and Sunnah of the Prophet Muhammad (p.b.u.h).
Besides these two, other sources would be from
Islamic Theologians and Islamic Philosophers.
 Al-Qur’an is the most significant source given by
God for the human being to refer to pertaining to
human conduct besides the Sunnah of the Prophet
Muhammad (p.b.u.h) as the role model to be
imitated.
Islamic Ethics (Akhlaq) 34

 Both Qur’an and the Sunnah of the Prophet

Muhammad (p.b.u.h) are called the scriptural
morality.
 There are some elements in the Qur’an which can
be considered as fundamental problems of
ethics, such as, i) the nature of right and wrong, ii)
divine justice and power, and iii) freedom and
responsibility
Islamic Ethics (Akhlaq) 35

 Both Qur’an and the Sunnah of the Prophet

Muhammad (p.b.u.h) are called the scriptural
morality.
 There are some elements in the Qur’an which can
be considered as fundamental problems of
ethics, such as, i) the nature of right and wrong, ii)
divine justice and power, and iii) freedom and
responsibility
Islamic Ethics (Akhlaq) 36

 The nature of Right and Wrong

 The Qur’an uses a whole cluster of terms to denote
the concept of moral or religious goodness, such as,
al-khayr (goodness), al-birr (righteousness), al-qisr
and al-iqsat (equity), al-adl (justice), al-haqq (truth
and right), al-ma’ruf (known and approved), and
al-taqwa (piety).
 Pious actions are normally referred to as salihat,
whereas impious or sinful actions are termed
sayyi’at.
Islamic Ethics (Akhlaq) 37

 Divine Justice and Power

 There are several verses in the Qur’an that are
related to the divine justice, such as, verses that
enjoin justice , disapprove of the unjust , and love
the equitable and pious in which to show that God
is not an unjust dealer with His servants.
Islamic Ethics (Akhlaq) 38

 Freedom and Responsibility

 In some of the Quran verses, the unbelievers or
polytheists are stated to be answerable to God for
their misdeeds or disbelief on the Day of Judgment
while in others this answerability is expressed much
broader terms that illustrate the general imperative
of moral responsibility.
Islamic Ethics (Akhlaq) 39

 Islamic theologians discussed the source of

ethical knowledge, the basis of moral obligation
and the meaning of ethical terms.
 According to the theologians, some rules, such as,
speaking the truth and keeping promises, are true
for men as well as God. But some things, such as,
causing death, pain, suffering to creatures, that
are wrong for man are not wrong for God since
He has absolute power over anything.
Islamic Ethics (Akhlaq) 40

 Muslim philosophers also shared the same view

with Greek ethics in analyzing moral in terms of
virtues of the faculties of the soul; the rational, the
irascive, and the appetitive.
 The virtue of the rational was wisdom, the virtue of
the irascive was courage, the virtue of the
appetitive was temperance, and the virtue of the
entire soul was justice.
 Muslim philosophers followed this division and tried
to categorize all the virtues of life under these four
heads.
Islamic Ethics (Akhlaq) & 41

Shariah Law
 Shariah or Islamic law is the command of God
revealed to the Prophet (p.b.u.h), and it is a law
that controls the state and society.
 It means that state and society have to conform
to the dictates of shariah.
 Shariah is different from the human law due to its
divine origin which is based on divine revelations.
Islamic Ethics (Akhlaq) & 42

Shariah Law
 Islamic law or shariah differs from human law since
human law is the product of reason and outcome
of customary rules.
 It can never produce a perfect uniformity of
conduct. The good for one group of people is not
necessarily so for another group, thus, the
practice of moral conduct would be different
from one another.
Islamic Ethics (Akhlaq) & 43

Shariah Law
 The objective of Islamic law or shariah is seen to
be similar with Islamic ethics, that is, to construct
human life on the basis of virtues (ma’rufat), and
to cleanse it from vices (munkarat).
 Virtues or ma’rufat, in general, are in harmony
with human nature and its requirements, and
vices or munkarat are just opposite to virtues.
Islamic Ethics (Akhlaq) & 44

Shariah Law
 Through shariah, we can get clear view of what
are the virtues and the vices, and these are to the
norms to which the individual and societal
behavior should conform.
 Islamic law or shariah covers all aspects of man’s
life from religious rituals up to social, economic,
judicial system and so on.
Islamic Ethics (Akhlaq) & 45

Shariah Law
 In shariah, there are certain limits prescribed by
Allah (huddullah) which are imposed on man in
order to prevent him from following his own wishes
and desires.
 Allah has clearly mentioned about lawful (halal)
and unlawful (haram), virtues and vices.
 These are limits (hudud) which every Muslim must
respect and obey, and if he transgressed any of
these limits, he is doing wrong or committing a
crime.
Islamic Ethics (Akhlaq) & 46

Shariah Law
 Like Islamic ethics, shariah aims at regulating the
relationship of man with God, and man with man.
Therefore, both shariah and Islamic ethics cannot
be separated from each other.
Code of Ethics vs Code of 47

Conduct
 Code of Ethics and Code of Conduct are being
used interchangeably
 A Code of Conduct applies the Code of Ethics to
a host of relevant situations.
 A particular rule in the Code of Ethics might state
that all employees will obey the law, a Code of
Conduct might list several specific laws relevant
to different areas of organizational operations, or
industry, that employees need to obey.
 In this course (IMS657) we will treat code of ethics
and code of conducts as referring to similar
concept
Professional Code of 48

Ethics/Conducts
 Professionals are experts in a field, which provides
them an advantage over the lay person and that
professional’s work has the potential to impact—
either positively or negatively—the general public
at large.
 A computer/IT professional is anyone employed in
the computing and IT fields—from software and
hardware engineers, to specialists such as support
personnel, network administrators, and computer
repair technicians.
Professional Code of 49

Ethics/Conducts
 Computer professionals can also include faculty
and instructors who teach in computer science
and information management departments at
universities, as well as in industry settings.
Professionals Code of 50

Ethics/Conducts
 Working professional, including computer / It
professionals usually observes four types of codes:
1. The professional code :
2. A personal code
3. The institutional code
4. The community code :
Professional Codes of 51

Ethics/Conducts
 The professional code :
 A set of guidelines provided to the professional by
the profession spelling out what a professional
ought to do and not do. A professional code
protects both the image of the profession and that
of the individual members. Thus, it is a requirement
for the profession that members adhere to the
code.
Professional Code of 52

Ethics/Conducts
 A personal code :
 A set of individual moral guidelines on which
professionals operate.
 In many ways these guidelines are acquired by
professionals from the cultural environment in which
they grow up or live in and the religious beliefs they
may practice.
 Whatever the case, a personal code supplements
the professional code significantly.
Professional Code of 53

Ethics/Conducts
 The institutional code :
 A code imposed by the institution for which the
professional is working.
 This code is meant to build and maintain the
public’s confidence in the institution and its
employees.
Professional Code of 54

Ethics/Conducts
 The community code:
 A community standard code developed over a
period of time based on either the religion or culture
of the indigenous people in the area.
 It may be imposed by civil law or the culture of the
community in which the professional works.
Professional Code of 55

Ethics/Conducts
 Pillars of Professionalism
 Professionalism is supported by four pillars:
1. commitment
2. integrity
3. responsibility
4. accountability
Professional Code of 56

Ethics/Conducts
 Pillars of Professionalism: Commitment
 The person making the commitment must do so
willingly without duress .
 The person responsible must try to meet the
commitment, even if help is needed .
 There must be agreement on what is to be done , by
whom , and when .
 The commitment must be openly and publicly stated .
 The commitment must not be made easily .
 Prior to the committed date , if it is clear it cannot be
met , advance notice must
 be given and a new commitment negotiated .
Professional Code of 57

Ethics/Conducts
 Pillars of Professionalism: Integrity
 Integrity means a state of undivided loyalty to self-
belief. It is honesty, uncompromising self-value, and
incorruptible.
 Pillars of Professionalism: Responsibility
 Responsibility deals with roles, tasks, and actions
and their ensuing consequences.
 There are various types of responsibilities, including
personal, communal, parental, and professional,
and these responsibilities vary depending on the
age of the individual and his or her position in
society.
Professional Code of 58

Ethics/Conducts
 Pillars of Professionalism: Accountability
 Accountability is the obligation to answer for the
execution of one’s assigned responsibilities.
 This process involves the “cycle of setting
measurable goals, planning what needs to be done
to meet those goals, reporting progress towards
goals, evaluating the reports, and using that
feedback to make improvements” .
Professional Code of 59

Ethics/Conducts
 Purpose of Professional Code of Conducts
 The primary purpose of professional codes of
conduct is to promote the public image of the
profession by specifying and enforcing the ethical
behavior expected from its members.
Professional Code of 60

Ethics/Conducts
 Purpose of Professional Code of Conducts
 In most cases, professional codes consist of standards, canons,
and rules of conduct that address the following areas:
 Moral and legal standards
 Professional–client relationship
 Client advocacy
 Professional–public relationships
 Sanction mechanics
 Confidentiality
 Assessment
 Compliance
 Competence
 Certified professional credentials for those professions that use
certification
Professional Code of 61

Conducts
 The computing profession has also established a
number of professional societies, the largest of
which are the Association for Computing
Machinery (ACM) and the Institute for Electrical
and Electronics Engineers-Computer Society (IEEE-
CS).
 Both organizations have adopted professional
codes of conducts.
IEEE Professional Codes of 62

Ethics/Conducts
ACM Professional Codes 63

of Ethics/Conducts
ACM Professional Codes 64

of Ethics/Conducts
ACM Professional Codes 65

of Ethics/Conducts
ACM Professional Codes 66

of Ethics/Conducts
67