CSE 3801 Test 1 Video Notes

Flashcards reviewing key concepts from the lecture notes, including U.S. Constitutional points, major U.S. laws, ethical theories, privacy, freedom of speech, and intellectual property.

Legal Behavior

The minimal rules set by the government; an enforceable standard of behaviors based on reason.

Ethical Behavior

Following a code of conduct for a profession; a branch of philosophy trying to answer the question, “What should I do?” or “What should we do?”; based on reason and logic; ethics = character

Moral Behavior

Behavior is governed by your own personal sense of right and wrong; usually inherited from family and based on cultural norms; often not based on logic; mos = custom

First Amendment

Protects speech, press, religion (establishment and free exercise), assembly, and petition from the government.

Fourth Amendment

Protects individuals from unreasonable searches and seizures; requires warrants based on probable cause.

Children’s Online Privacy Protection Act (COPPA)

U.S. law that protects children’s online data; requires parental consent.

Health Insurance Portability and Accountability Act (HIPAA)

Federal law enacted in 1996 that safeguards individuals’ medical information/records.

Gramm-Leach-Bliley Act (GLBA)

Law that protects consumer financial info and applies to any financial institution that collects, uses, or discloses personal information.

Fair Credit Reporting Act (FCRA)

Federal law to ensure the accuracy, fairness, and privacy of information in consumer credit bureau files.

The Family Educational Rights and Privacy Act (FERPA)

AKA, the Buckley Amendment; protects the privacy of personally identifiable information in a student’s education record.

Privacy Act of 1974

Regulates government-held personal data through four procedural and substantive rights.

Communications Decency Act

Regulates online obscenity, especially toward minors.

Normative ethical relativism

No universal moral principles; right and wrong depend on culture or perspective.

Moral absolutism

Belief in universal moral rules; the view that there are moral laws that are universal and unconditional and nondebatable.

Consequentialism

The morality of actions is based on their outcomes; an ethical theory that judges whether something is right by what its consequences are.

Deontology

Focus on duties and rules rather than outcomes; an ethical theory that uses rules to distinguish right from wrong. Ex) Medical ethics

Utilitarianism

Choosing actions / determining right and wrong based on what produces the greatest good for the greatest number of people; a form of consequentialism. Ex) Tiered pricing, donating to charity.

Ethical Egoism

People should act in their own self-interest; a philosophical theory that states that moral decision making should be guided by self-interest. Ex) Investing in company that serves your interests.

Psychological Egoism

People do act in their own self-interest (as a descriptive claim); the thesis that we are always deep down motivated by what we perceive to be in our own self-interest.

Cultural Relativism

(descriptive moral relativism) Understanding different practices without judgment; not judging a culture to our own standards of what is right or wrong.

Ethnocentrism

Judging other cultures by the standards of your own; belief that your own cultural or ethnic group is superior to other culture or ethnic groups.

Privacy Principle

Respects individuals' rights to control their personal information.

Accuracy Principle

Maintains integrity and correctness of information systems.

Property Principle

Recognizes ownership of data, software, and intellectual creations.

Accessibility Principle

Promotes fair access to computing resources and technologies.

Digital Divide

Unequal access to technology across populations.

Privacy of Person

Focuses on a person’s body and the right of being free from any unauthorized invasion. Ex) Forced blood/drug testing.

Privacy of Thoughts and Actions

Focuses on thoughts and emotions and the right to express ourselves about specific topics that might be sensitive in nature. Ex) sexual preference, political views

Privacy of Communication

Focuses on the ways in which individuals communicate with others using any type of communication media.

Privacy of Data and Image (Information)

Focuses on personal information in all forms, including data, printed information, and images. Ex) shared/taken photos without consent

Privacy of Location and Space (Territorial)

Focuses on limiting intrusion into an individual’s location (personal, workplace and public places). Ex) drone over someone’s property to take photos

Privacy of Association

Focuses on addressing the right where people can associate with anybody they wish to. Ex) ethnicity, ancestry

Data Ethics

Moral obligations of gathering, protecting, and using personally identifiable information.

Consent

Collect data only with clear permission.

Transparency

Be open about data usage.

Privacy and Security

Protect data from breaches.

Intention/Fairness

Use data equitably and without discrimination.

Data Minimization

Only collect what's absolutely necessary.

Invisible Information Gathering

Collection of personal information about a user without the user’s knowledge.

Secondary Use

Use of personal information for a purpose other than the purpose for which it was provided.

Data Mining

Searching and analyzing masses of data to find patterns and develop new information or knowledge.

First Amendment Rights Include:

Words, writing, recordings, expressions, right to refrain from speaking, anonymous speech.

Establishment clause

Prohibits favoring one religion over others or establishing a national religion.

Free exercise clause

Prohibits interfering with a person's right to exercise their religion.

Communications Decency Act

Prohibits any individual from knowingly transmitting “obscene or indecent” messages to a recipient under the age of 18.

Net neutrality

Is the principle that the company that connects you to the internet does not get to control what you do on the internet.

Intellectual Property

Ideas, creations, or inventions that belong to you and are protected by law.

Patent

Grant of property rights to the inventor that is time-constrained and territorial-based.

Trademark

Any word, phrase, symbol, design, sounds, color shades, or a combination of these things that identifies your goods or services.

Copyright

Protects original works of authorship including literary, dramatic, musical, and artistic works.

Trade Secret

Rights on confidential information which may be sold or licensed.

Copyright economic rights

Allows the owner to derive financial reward from the use of their works by others.

Copyright moral rights

Protects the non-economic interests of the author; two kinds: attribution and integrity.

Major moral rights under the U.S. Copyright Act

The right of attribution; the right of integrity.

The right of attribution

Author still has a right to be named as the author or creator.

The right of integrity

The creator of a work gets to prevent any action that would destroy the “integrity” of the work.

Unlike economic rights, moral rights are:

personal to the creator and thus cannot be sold or given away.

The Copyright owner of a work can prohibit or authorize:

• Reproductions

• Copy Distribution

• Public Performances

• Broadcasting

• Translations

• Adaptations

Fair use

When you can use copyrighted material without permission.

Apple vs. Samsung case:

• Apple filed a lawsuit against Samsung for infringing on multiple patents related to Apple iPhone and iPad product design.

• Apple claimed that Samsung had replicated the look and feel of its devices, including the user interface and icons.

• Apple was awarded just over $1 billion in damages from Samsung.

How are trade secrets achieved:

Enforced by secrecy, NDAs, added security measures.

Trade Secret Duration:

Indefinite (as long as it stays secret)

Trade Secret Example:

CFA’s recipe.

How are copyrights achieved:

Automatically upon creation; registration offers added protection.

Copyright Duration:

Life of author + 70 years

Copyright Example:

Book, song, software code.

How are trademarks achieved:

USPTO

Trademark Duration:

Indefinite (if renewed every 10 years + used)

Trademark Example:

Nike swoosh logo. Word “Coca-Cola”.

How are patents achieved?

USPTO

Patent Duration:

20 years (utility/plant); 15 years (design)

Patent Example:

New smartphone tech.

4 Main Types of IP:

Patents, trademarks, copyrights, trade secrets.

Privacy:

The right to be let alone, or freedom from interference or intrusion; includes the right to associate freely with whom, you want and to be able to control who can see / use information about you.

1st notable attempt to regulate pornographic material on the Internet.

Communications Decency Act

Legal frameworks for anyone’s online behavior:

In 1996, Congress passed Section 230. It included that:

• “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

• The internet provider can “restrict access to or availability of material that the provider or user considers to be obscene, lewd, etc.” without being held liable for user content.

Online privacy strategies:

Strong passwords, VPNs, multifactor authentication, opt-outs, blocking cookies. More specifically:

• Don’t open mail from strangers

• Don’t click on strange-looking links

• Use strong passwords

• Use two-factor authentication

• Back up your data regularly

• Educate your family

• Be careful what you share on social media

• Avoid sharing personal information online

• Deactivate save password features

• Be smart with financial information

• Make sure your devices are up to date

• Avoid using unsecured public Wi-Fi

• Delete old apps, keep only what you use

• Opt-out of data broker sites that sell your personal information.

Risks & Concerns of Online Privacy:

Invisible Info Gathering, Secondary Use, Data Mining

5 Principles of Data Ethics

Consent, transparency, privacy/security, intention/fairness, data mining

Reasons for Digital Divide

Income level, geographic location (rural/remote areas), education, age, infrastructure (lack of widespread internet support)

Why does digital divide matter?

• Can limit opportunities for education, employment, healthcare, and social participation.

• Can worsen existing inequalities.

Basic Principles of Ethical Computer Use:

Privacy, Accuracy, Property, Accessibility

10 Commandments of Computer Ethics:

DO NOT

1. USE A COMPUTER TO HARM OTHERS

2. INTERFERE WITH OTHER'S COMPUTER WORKS

3. SNOOP AROUND IN OTHER'S FILES

4. USE A COMPUTER TO STEAL

5. USE A COMPUTER TO BEAR FALSE WITNESS

6. USE OR COPY UNPAID SOFTWARE

7. USE OTHER’S COMPUTER RESOURCES W/OUT AUTHORIZATION

8. APPROPRIATE OTHER PEOPLE'S INTELLECTUAL OUTPUT

DO

1. THINK ABOUT THE SOCIAL CONSEQUENCES OF THE PROGRAM YOU WRITE

2. USE A COMPUTER IN WAYS THAT SHOW CONSIDERATION AND RESPECT

Psychological Vs Ethical Egoism:

Psychological: Claims humans are self-interested by nature, whether they know it or not; argues that we always act within our own self-interests.

Ethical: Claims humans are morally obligated and ought to act in their own individual self-interest; argues that we should always act within our own self-interests.

Two Principles of Consequentialism:

1. Whether an act is right or wrong depends only on the results of that act.

2. The better consequences an act produces, the better or righter that act.

4 Procedural / Substantive Rights in Personal Data (Privacy Act):

1. Requires government agencies to show an individual any records kept on him or her.

2. Requires agencies to follow “fair information practices,” when gathering and handling personal data.

3. Places restrictions on how agencies can share an individual’s data with other people and agencies.

4. Allows individuals with the right of action to sue the government for violating the Privacy Act’s provisions.

FERPA’s Two-Fold Purpose:

1. To grant parents (and students 18 or older) access to information in the student’s education record and

2. To protect that information from disclosure to third parties without parental consent.

Under FCRA, consumers have a right to:

• Verify the accuracy of their report when it's required for employment purposes.

• Receive notification if information in their file has been used against them in applying for credit or other transactions.

Under GLBA, financial institutions should:

• Provide information-sharing practices to customers and allow them to opt out of having their data shared with third parties.

• Follow guidelines data collection, usage of customer data including online data.

• Develop and implement security program to protect customer data from unauthorized access.

Common HIPAA Violations:

• Lack of employee training on HIPAA compliance.

• Database breaches affecting ePHI (personal health Information).

• Sharing PHI between coworkers.

• Loss of a laptop or mobile device containing unencrypted ePHI.

• Improperly disposing of ePHI in ways that make it accessible to unauthorized users.

What does the First Amendment NOT Protect?

Defamation, perjury, child pornography, inciting violence, fighting words, private sector regulations (home, schools, workplace).

What does the First Amendment Protect?

Speech, press, religion (establishment and free exercise), assembly, petition from government NOT from corporations, etc.

Freedom of speech is usually seen as a:

negative right; means that the government is legally obliged to take no action against the speaker based on the speaker's views.

How are privacy rights protected by the U.S. Constitution?

While not explicitly detailed they are touched on by the 1st, 3rd, 4th, 5th and 9th amendments.

Constitutional Foundation for IP:

Article I, Section 8, giving Congress power over patents and copyrights.

6 Types of Privacy:

1. Person

2. Thoughts & Actions

3. Communication

4. Data / Image

5. Location / Space

6. Association

Unlike economic rights, moral rights are:

personal to the creator and thus cannot be sold or given away

Positive Impacts of Technology:

• Information Access

• Education

• Communication

• E-Commerce

• Health / Medical Advancements

• Entertainment

• Science / Technology

• Mechanized Agriculture

Negative Impacts of Technology:

• Loss of Privacy

• Cyberbullying

• Reduced Physical Activity

• Security Risk

• Mental Health Impact

Computer ethics:

a set of philosophical principles that govern an individual or a group of people on what are acceptable behaviors when using a computer, without violating our moral values.