CPSC 315 - Midterm

Clause 1.03 - Approve Software Only If Safe

Software engineers should approve software only if they have a well-founded belief that it is safe, meets specifications, passes appropriate tests, and does not diminish quality of life or privacy.

Clause 2.02 - Don't Use Illegally Obtained Software

Software engineers shall not knowingly use software that is obtained or retained either illegally or unethically.

Clause 3.02 - Ensure Proper and Achievable Goals

Software engineers shall ensure proper and achievable goals and objectives for any project on which they work or propose.

Clause 6.01 - Create Ethical Environment

Software engineers shall help develop an organizational environment favorable to acting ethically.

Clause 8.02 - Improve Software Quality

Software engineers shall continually improve their ability to create safe, reliable, and useful quality software at reasonable cost and within a reasonable time.

Audio Home Recording Act of 1992

Protects rights of consumers to make copies of analog or digital recordings for personal, noncommercial use. Digital audio recorders must incorporate Serial Copyright Management System (SCMS) so consumers can't make a copy of a copy.

Serial Copyright Management System (SCMS)

Technology required in digital audio recorders to prevent making a copy of a copy; ensures consumers can make one backup but not duplicate the backup.

Mashups - A versus B

Instrumental track from one song + vocal track from another song. Fair use unclear - law suggests no unless "criticism, satire, or parody."

Mashups - Audio Collage

Creating new composition from dozens of audio fragments. Generally considered fair use because it is highly transformative.

Napster Timeline

Peer-to-peer music exchange network began 1999. Sued by RIAA for copyright violations. Courts ruled in favor of RIAA. Went offline July 2001. Re-emerged 2003 as subscription service.

FastTrack vs Napster

FastTrack is second-generation P2P technology used by KaZaA and Grokster. Distributes index among large number of "super nodes" so cannot be shut down as easily as Napster's centralized system.

The Pirate Bay Case Details

Started in Stockholm, Sweden. One of world's biggest BitTorrent sites. After 2006 police raid, popularity increased. 2008: IFPI sued four individuals. Found guilty, sentenced to prison, fined $6.5 million. Site still operational with 150+ proxy servers worldwide.

Megaupload Shutdown Details

Prominent cyberlocker based in Hong Kong. Founder Kim Dotcom lived in Auckland, New Zealand. 180+ million registered users. Once world's 13th most popular website. FBI used PRO-IP Act to shut down (2012) and arrest Dotcom. FileSonic and FileServe responded by disabling sharing.

Operation In Our Sites

2010 federal operation that seized domain names of 10 websites making available full-run movies. Seized several hundred more domain names over next 1.5 years using PRO-IP Act authority.

Xbox One DRM Controversy

Microsoft announced cloud-based gaming June 2013 with controversial features: disc could be shared only once, restricted second-hand market, Xbox consoles must check in every 24 hours. Microsoft backtracked: no Internet requirement, freedom to lend/rent/buy/sell discs, but disc must be in tray to play.

Music Streaming Business Models

Ad-supported model: listeners stream for free (100M users). Subscription model: listeners pay monthly fee (40M users). Shows consumers will pay if cost reasonable, but much lower revenues for publishers compared to selling CDs.

Video Streaming Impact

Services like Netflix, Hulu Plus, Amazon Prime Instant Video, Sling in 40% of US homes. Good news: consumers will pay if reasonable. Bad news: much lower revenues than physical media sales.

Smartphone Patent Wars Timeline

2009: Nokia sued Apple for violating 10 patents. Apple countersued for 13 patents. Apple sued Android smartphone makers. Accused Samsung of copying "look and feel" (rounded corners, tapered edges, home button, bounce-back effect). Samsung countersued. Escalated to 100+ lawsuits globally, billions in legal fees. 2014: manufacturers agreed to cross-license patents.

Williamson v. Citrix Online

Sets precedent for striking down patents that are "too broad and indefinite." Used along with Alice v. CLS Bank to invalidate software patents.

Basic Books v. Kinko's - Purpose Factor

When conducted by Kinko's, copying was for commercial purposes, not educational. Purpose not transformative. Weighs against fair use.

Basic Books v. Kinko's - Nature Factor

Most works were factual dealing with history, sociology, and other fields of study. Weighs in favor of fair use.

Basic Books v. Kinko's - Amount Factor

Copying 5-25% of original book was excessive, particularly because parts copied were critical to works and each chapter could stand alone. Weighs against fair use.

Basic Books v. Kinko's - Effect Factor

Court found direct effect on market because coursepacks competed directly with potential sales of original books. Weighs against fair use.

Basic Books v. Kinko's - Conclusion

Three of four factors leaned against fair use. Court refused to rule that all coursepacks are infringements. Each item in anthology must be individually subject to fair use scrutiny. Copying was by commercial user for profit.

Viacom vs. YouTube

Viacom sued YouTube for hosting illegal content (films and TV show clips). Claimed YouTube didn't remove them quickly enough. Judge ruled in favor of YouTube because YouTube was not condoning content, was not uploading it, and took proactive steps to remove copyrighted material.

Napster vs. A&M Records

2002: One of largest copyright infringement cases. A&M Records led case accusing Napster of stealing music from musicians and record labels. Napster settled for $26 million. Lawyers agree could have been much higher had Napster not closed site down.

Harms of Privacy

Can be cover for illegal/immoral activities, can burden nuclear family, can hide dysfunctional families, can ignore people on society's fringes.

Benefits of Privacy

Necessary for individual growth, signals individuals are responsible for themselves, recognizes freedom to be yourself, allows people to shut out world and be creative, fosters loving/trusting/caring/intimate relationships.

Samuel Warren on Privacy

Published "The Right to Privacy" in 1890. Privacy rights stem from property rights: "a man's home is his castle."

Louis Brandeis on Privacy

Argued people have "the right to be let alone." Right to privacy is recognized in courts across America today.

Judith Jarvis Thomson on Privacy

"Privacy rights" overlap other rights. Nobody seems to know what privacy is. Whenever right to privacy is violated, another right is violated as well. Therefore, no need to define privacy or privacy rights precisely.

Privacy as Negative Right

Privacy is not a natural right, but it is a prudential right. It is also a negative right (all others need to do is leave you alone). Rational people agree to recognize privacy rights because granting these rights benefits society.

3rd Amendment Context

Coercive Acts before American Revolution led to 3rd Amendment to U.S. Constitution (no quartering of soldiers in homes). Shows historical basis for privacy as protecting "sanctuary" of home.

Rewards/Loyalty Programs Trade-off

Shoppers save money on purchases but stores collect information about buying habits. Creates detailed profiles for personalized service. Question: Do card users pay less, or do non-users get overcharged?

ShopRite Computerized Carts

ShopRite introduced computerized shopping carts with pop-up ads based on customer location in store and past purchases.

Implanted Chips - Taiwan Example

Taiwan law: Every domesticated dog must have implanted microchip (size of grain of rice, implanted into ear). Chip contains name and address of owner. Allows lost dogs to be returned to owners.

Implanted Chips - Human Use

RFID tags approved for use in humans. Can store medical information. Can be used as "debit card." Raises privacy and tracking concerns.

Affordable Care Act and Medical Records

Obama Care increased push for electronic medical records to reduce costs and improve care coordination, but also increased privacy concerns about data dissemination.

Mobile Apps Privacy Concerns

Many apps on Android and iPhone collect location information and sell it to advertisers and data brokers. Examples: Angry Birds, Brightest Flashlight. Flurry company analyzes data from 500,000+ apps.

Facebook Login Privacy Issue

Allows people to login to websites/apps using Facebook credentials. App developer gets permission to access information from person's Facebook profile: name, location, email address, and friends list.

OnStar Service Features

Two-way communication and GPS. Automatic communication when airbags deploy. Emergency, security, navigation, and diagnostics services. Service center can remotely disable gas pedal to stop fleeing vehicles.

Cops Use OnStar to Disable Vehicle

Law enforcement can request OnStar to remotely disable gas pedal in stolen vehicles or during pursuits. Raises privacy concerns about remote vehicle control.

TiVo Data Collection

TiVo service allows subscribers to record programs and watch later. TiVo collects detailed second-by-second information about viewing habits of subscribers. Data valuable to advertisers and others interested in viewing patterns.

Google's Personalized Search as Secondary Use

Google keeps track of search queries and web pages visited. Uses this information to infer interests and determine which pages to return. Example: "bass" could refer to fishing or music depending on user's history.

Google Privacy Checkup Options

Pause collection of: search queries and Google activity, location information (where gone, how often, how long, routes), contact and calendar information, voice recordings and audio, YouTube search queries and videos watched.

Scott McNealy Quote on Privacy

Sun Microsystems cofounder: "You have zero privacy anyway. Get over it." Reflects attitude that privacy is already lost in digital age.

Status of Computer Careers vs Mature Professions

Certification and licensing not required. College degree not required. Apprenticeship not required. Professional society membership optional. No specific continuing education requirements. Most programmers/analysts part of teams.

Software Engineering PE Exam Failure

Path toward certification attempted like other engineering disciplines: 4 years post-college experience, pass FE exam, pass PE exam. Only 81 people nationwide took exam in first five years. Exam discontinued.

Personal Responsibility in Computing

Without formal certification/licensing and other components of well-developed profession, those in computer careers must take MORE personal responsibility for developing ethical decision-making skills and acting ethically.

Software Engineering Code - Preamble Key Points

Software engineers have opportunities to do good or harm. Ought to be committed to doing good. Eight principles identify key ethical relationships. Code should be viewed as whole, not collection of parts. Concern for public interest is paramount.

Alternative Fundamental Principles List

Be impartial. Disclose information others ought to know. Respect rights of others. Treat others justly. Take responsibility for actions and inactions. Take responsibility for actions of those you supervise. Maintain integrity. Continually improve abilities. Share knowledge, expertise, and values.

No Mechanical Process for Code Application

No mechanical process for determining if action is right/wrong using Code. Should not take overly legalistic view. If Code doesn't forbid something, doesn't mean it's morally acceptable. Judgment is required.

Code Reflects Multiple Ethical Theories

Software Engineering Code reflects principles drawn from multiple ethical theories: Kantianism, Utilitarianism, Social Contract Theory, and Virtue Ethics.

Software Recommendation Case - Violations

Professor Smith violated Clause 1.06 (was deceptive), Clauses 4.05 and 6.05 (didn't reveal conflict of interest). However, did follow 1.08 and 6.02 (freely gave valuable information).

Child Pornography Case - Relevant Clauses

Clause 2.03: somebody misused company PC. Clause 2.09: someone using PC not in employer's interest. Clause 3.13: Joe violated policy against opening files. Clause 5.10: someone else may have planted files on Chuck's computer.

Anti-Worm Case - Relevant Clauses

Clause 1.01: Tim didn't accept responsibility (tried to hide identity). Clause 1.08: worm was free but cost system administrators time/money. Clause 2.03: anti-worm entered computers without permission. Clauses 8.01, 8.02, 8.06: Tim improved knowledge and skills.

Consulting Opportunity Case - Relevant Clauses

Clause 3.04: Jean was well-qualified to develop materials and teach. Clause 8.04: creating materials made Jean more familiar with Acme's package. Clause 4.05: Jean didn't disclose conflict of interest. Clause 2.08: Jean deprived self of time off needed for best work at Acme. Clause 6.05: Jean put own interests above employer.

Nanny Monitoring - Rule Utilitarian Analysis

If everyone monitored nannies, would not remain secret. Consequences: nannies on best behavior (good), reduced abuse (good), peace of mind (good), BUT increased stress for workers (bad), higher turnover (bad), less experienced pool (bad), lower quality care (bad). Harms appear greater than benefits.

Nanny Monitoring - Social Contract Analysis

Reasonable for society to give people privacy in own homes. Nanny has reasonable expectation that interactions with baby inside home are private. Sullivan's decision to secretly monitor violates nanny's privacy, therefore wrong.

Nanny Monitoring - Kantian Analysis

Rule: "Employer may secretly monitor work of employee who works with vulnerable people." If universalized, no expectation of privacy by employees, so secret monitoring would be impossible. Proposed rule is self-defeating, so wrong to act according to it.

Nanny Monitoring - Virtue Ethics Analysis

Sullivans responsible for daughter's well-being. Chose nanny through concern for baby (characteristic of good parents). Daughter truly defenseless and unable to communicate. Decision to monitor can be viewed as characteristic of good parents. Would also expect monitoring to cease once assured nanny doing well.

Morality

Guidelines for determining what you ought or ought not to do in particular situations; focused on solving specific problems.

Ethics

The philosophical study of morality; includes evaluating moral systems and creating new ways of evaluating moral problems.

The Good (Teleological/Consequentialist Approach)

Focuses on benefits, desires, aspirations, and consequences. An action is justified by its effects. Uses language like helpful, beneficial, useful vs. unhelpful, damaging, useless.

The Right (Deontological/Rules-Based Approach)

Focuses on conformance to rules and regulations. An action is justified by the act itself, not consequences. Uses language like proper, legal, correct vs. improper, illegal, incorrect.

Ethical Point of View

Respecting other people and their core values.

Selfish Point of View

Considering only yourself and your own core values.

Society

An association of people organized under a system of rules designed to advance the good of members over time.

Normative Ethics

Figuring out what to do by reasoning from general principles to decisions about specific cases.

Relativism

The belief that there are no universal norms of right and wrong; one person can say "X is right," another can say "X is wrong," and both can be correct.

Subjective Relativism

Each person decides right and wrong for himself or herself. "What's right for you may not be right for me."

Why is Subjective Relativism unworkable?

It blurs the line between doing what you think is right and doing what you want, makes no moral distinction between different people's actions, confuses tolerance with relativism, and decisions may not be based on reason.

Cultural Relativism

What is "right" and "wrong" depends upon a society's actual moral guidelines, which vary from place to place and from time to time.

Fallacy

The mistaken belief that because many practices are acceptable, all practices are acceptable.

Why is Cultural Relativism unworkable?

It doesn't explain how moral guidelines are determined, commits the many/any fallacy, provides no way out for cultures in conflict, and doesn't account for evolution of moral guidelines.

Divine Command Theory

Good actions are those aligned with God's will; bad actions are contrary to God's will. Holy books reveal God's will and should be used as moral decision-making guides.

Equivalence Fallacy

The mistaken belief that "the good" equals "God."

Why is Divine Command Theory unworkable?

Different holy books disagree on teachings, society is multicultural and secular, some modern moral problems aren't directly addressed in scripture, commits the equivalence fallacy, and it's based on obedience rather than reason.

Ethical Egoism

Each person should focus exclusively on his or her self-interest. The morally right action is that which provides self with maximum long-term benefit.

Why is Ethical Egoism unworkable?

Self-interest can lead to blatantly immoral behavior, it doesn't respect the ethical point of view by definition, and people who consider the good of others lead happier lives.

Kantianism

An ethical theory based on Immanuel Kant's philosophy that emphasizes good will (the desire to do the right thing) and acting according to the Categorical Imperative.

Good Will

The desire to do the right thing; according to Kant, the only thing in the world that is good without qualification.

Categorical Imperative (1st Formulation)

Act only from moral rules that you can at the same time will to be universal moral laws.

Categorical Imperative (2nd Formulation)

Act so that you treat both yourself and other people as ends in themselves and never only as a means to an end.

Perfect Duty

A duty that must be fulfilled without exception (e.g., telling the truth).

Imperfect Duty

A duty that should be fulfilled in general but not in every instance (e.g., helping others).

Strengths of Kantianism

Aligns with "What if everyone acted that way?", produces universal moral guidelines, treats all persons as moral equals, gives all people moral worth as rational autonomous beings.

Weaknesses of Kantianism

Sometimes no rule adequately characterizes an action, conflicts between perfect duties have no solution, and it allows no exceptions to perfect duties.

Utilitarianism

A consequentialist ethical theory that judges actions based on whether they increase or decrease total happiness. Morality has nothing to do with intent; focuses on consequences.

Principle of Utility (Greatest Happiness Principle)

An action is right (or wrong) to the extent that it increases (or decreases) the total happiness of the affected parties.

Utility

The tendency of an object to produce happiness or prevent unhappiness for an individual or a community.

Act Utilitarianism

Applying the Principle of Utility to individual actions. Add up change in happiness of all affected beings; if sum > 0, action is good; if sum < 0, action is bad.

Bentham's Factors for Weighing Pleasure/Pain

Intensity, Duration, Certainty, Propinquity (closeness in space/time), Fecundity (ability to produce same experience), Purity (not diluted), Extent (number of people affected).

Moral Luck

The problem that we cannot predict consequences with certainty, so moral evaluation may depend on luck.

Strengths of Act Utilitarianism

Focuses on happiness, down-to-earth and practical, comprehensive.

Weaknesses of Act Utilitarianism

Unclear whom to include and how far into the future, too much work, ignores innate sense of duty, can't predict consequences with certainty, susceptible to moral luck problem.

Rule Utilitarianism

Applying the Principle of Utility to moral rules. We ought to adopt moral rules which, if followed by everyone, will lead to the greatest increase in total happiness.

Strengths of Rule Utilitarianism

Not every decision requires utilitarian calculus, moral rules survive exceptional situations, avoids moral luck problem, reduces bias problem, appeals to wide cross-section of society.

Weakness of both Utilitarianisms

All consequences must be measured on a single scale, must quantify value of human life (VSL), ignores unjust distribution of good consequences.

Social Contract Theory

Morality consists in the set of rules that rational people will agree to accept, for their mutual benefit, on the condition that others follow those rules as well.