Ethical and Professional Issues in Computing Module Four PDF

1305202 ETHICAL AND PROFESSIONAL ISSUES IN COMPUTING Module Four Cybersecurity Ethics: Cyberspace and Other Applications First Term 2023/2024 Faculty of Information Technology Applied Science Private University Outline  Cyberlaw in the realm of cybe...

1305202 ETHICAL AND PROFESSIONAL ISSUES IN COMPUTING Module Four Cybersecurity Ethics: Cyberspace and Other Applications First Term 2023/2024 Faculty of Information Technology Applied Science Private University Outline  Cyberlaw in the realm of cyberspace and cybersecurity.  The need for these laws.  The differences between ethics and laws.  Challenges in cyberlaw. 2 Learning Objectives After finishing this module, you’ll learn:  Define the cyber law.  Define the Cyber law and intellectual property. 3 INTRODUCTION TO CYBER LAWS 4  4.1 Cyber laws  Remember that ethics is a code of responsible behavior, while law is an outcome of ethics.  Cyber law: 1. Cyber law may be defined as legislation that supports acceptable behavioral use of technology like computer hardware and software, the Internet, and networks. 2. It guarantees that users are protected from any harm. 5 4.2 The need for cyber laws 1. Cyber laws are vital because they touch almost all aspects of trans­actions and behavior on and concerning the Internet, the World Wide Web and Cyberspace. 2. Cyber laws ensure the right to enter into legally enforceable digital contracts. 3. Cybercrimes, for example, malware attacks, computer frauds, phishing, hacking, unauthorized access, email hijacking, denial of service and pornography, and becoming frequent, and may poten­tially harm sensitive data, the economy as well as the reputation of an individual or an organization, hence cyber laws may help prevent them. 4. Almost all transactions are in electronic form and accountability is significant. 5. In numerous non-cyber crime cases as well, significant proof might be found in systems, mobile phones, for example, in instances of separation, murder, tax avoidance, and so on. 6. Cyber law is an important part of Digital Forensics. 6 4.2 The need for cyber laws  Law is the outcome of ethics is something that must be followed.  Policies are guidelines that organizations usually follow to promote cybersecurity in their environments.  Ethics are rules that control an individual or society, created to decide what is good or bad, right or wrong, in a given situation.  Ethics are also responsible for regulating an individual’s behavior or conduct and helps them live a good life. This may be done by applying the moral rules and guidelines. 7 Ethics versus Legal 1.Scope and Individuality:  Legal considerations have a broader scope, applying to a wider context.  Ethical considerations are more individual-specific. 2.Objective vs. Personal Perspective:  Legal judgments tend to be more objective, based on established laws.  Ethical judgments are more personal and varied, rooted in individual morals and values. 8 Ethics versus Legal Consider the following example:  Obtaining data from networks.  Here, there are two separate concerns:  First, collecting network measurement data (e.g., packet traces)  Second, it is publishing the data.  Clearly, the ethical issues, in this case, are respecting users’ privacy and respectful uses of published traces, while the legal issue is communication privacy laws.  Most cybercrimes have some components of Illegal as well as unethical behavior. 9 4.4 Need for cyber regulation based on cyber ethics 1. For ensuring proper cyber laws, governments in every country, public policymakers, computer professionals, organizations, and private citizens must all take an interest and contribute. 2. Cyber law calls for the safe and there is a need to exploit this global information in a socially and ethically sensitive way for our future benefit and applications. 3. Lawful collection, retention (reservation), processing, transmission, and use of personal data of individuals. 4. Cyber ethics, therefore, provides the foundation for cyber legal principles concerning the protection of data and other aspects of human effort in cyberspace. 5. The global cost of cybercrime is constantly increasing. 10 4.5 Cybercrime categories from the legal perspective  The Internet is not a safe place, as it witnesses cybercrime growing at a rapid rate since people are connected to devices as well as each other digitally.  Cybercrimes influence associations, organizations, and governments billions of dollars every year.  These crimes not only target the organizations’ economy but also harm their reputation. 11 4.5 Cybercrime categories from the legal perspective 1. Cybercrime Against Individuals: 1. These are cybercrimes that directly have an impact on any person or their properties. 2. Credit Card extortion, human trafficking, social engineering, data fraud, and defamation are some different instances of cybercrimes against people. 2.Cybercrime Against Companies/Organizations: 1. It may cost the company a lot of money as well as its reputation. 2. Examples of cybercrime against companies/ organizations include data breaches, cyber extortion, malware distribution, etc. 3. Cybercrime Against Property: 1. It could be destroyed property or stolen property. 2. Some online crimes against property may affect systems, computers or servers. 3. Example: copyright infringement. 12 4.5 Cybercrime categories from the legal perspective 4. Cybercrime Against Society: 1.When cybercrime is committed against various individuals, it is known as cybercrime against society. It affects society as a whole. 2.Financial crimes against open associations, selling unlawful products, trafficking, web-based betting, fraud, etc., are some examples of cybercrime against society. 5. Cybercrime Against Government: 1. When cybercrimes are committed against the government, it may be considered as an attack on the nation’s sovereignty (authority). 2. It can result in follow up by federal cybersecurity and law enforcement agencies. 3. Such activities may also be classified under cyber terrorism and include breaking into government systems and networks, destroying, and closing down military sites, and spreading publicity. 4. Cybercrimes against the government may likewise incorporate hacking, unauthorized accesses, digital warfare, cyber terrorism, and software piracy. 13 4.6 Cyber law and intellectual property (IP) Intellectual Property (IP):  Intellectual property may be defined as the domain of the Law that manages ensuring the privileges of the individuals who make unique works.  It considers everything from unique plays and books to creations and company identification marks. IP laws are capable of encouraging new technologies, artistic expressions, and inventions for promoting economic growth. 14 4.6 Cyber law and intellectual property (IP)  IP and cyber law, subsequently, are currently growing fields of expanding significance. IP rights identified with cyber law for the most part fall into the accompanying classifications 15 4.6 Cyber law and intellectual property (IP) 4.6.1 Copyrights: grants rights to the creator of original works, such as musical, dramatic, literary, and artistic works, including software codes. Example: Protection for various forms of intellectual property transmitted over the Internet, like books, music, movies, and games. 4.6.2 Patents: are used to protect inventions, particularly new software and online business strategies. Example: Some types of patents in the United States: utility patents (protecting specific functions), design patents (protecting the appearance of manufactured objects). 4.6.3 Trademarks: include words, phrases, symbols, or designs that distinguish and identify the source of goods from one party to others. Example: Protection of product and company names to prevent confusion between brands. 16 4.6 Cyber law and intellectual property (IP) 4.6.4 Trade Secrets: refer to practices or processes of a company not generally known outside the company, including formulas, patterns, and processes. Example: Protection of proprietary technology used by online businesses, though it doesn't prevent reverse engineering. 4.6.5 Domain Disputes: Disputes over ownership of web addresses, similar to trademark disputes. Example: Challenges regarding the ownership of web addresses. 4.6.6 Contracts: must be reviewed to ensure proper management of intellectual property assets, as rights may be sold, licensed, or given away. Example: It is essential for contracts to specify who owns the IP that is created and how the IP will be treated in the future. 17 4.6 Cyber law and intellectual property (IP) 4.6.7 Privacy: Online organizations must consider user privacy, balancing legal, policy, and research considerations. Example: Challenges in protecting user privacy in the context of law enforcement scanning social media for evidence of criminal activity. 4.6.8 Employment: Employment contract terms often relate to cyber law, especially non-disclosure and non-compete clauses. Example: Addressing how employees use company email and other digital assets in employment contracts. 4.6.9 Defamation: Defamation, often facilitated through cyber-bullying, poses challenges in balancing free speech and the right to be free from defamation. Example: Legal complexities arising from defamatory statements on social media and online news sources. 18 4.6 Cyber law and intellectual property (IP) 4.6.10 Data Retention: Managing and retaining data, especially considering its value, transmission through the Internet, and storage in multiple locations. Example: Legal implications and challenges in retaining electronic records in the context of litigation. 4.6.11 Jurisdiction: Jurisdiction is a significant aspect of court cases, with cyber crimes adding complexity to legal jurisdiction. Example: Challenges in determining jurisdiction when a cybercriminal and victim are in different states, each with different rules. 19 4.7 Challenges In Cyber Law One of the biggest challenges in developing cyber laws is the concept of jurisdiction. 1. Jurisdiction might be characterized as the official capacity to settle on lawful choices and decisions. 2. Jurisdiction seems challenging for developing cyber laws because the Internet is virtual. 3. In a situation where two jurisdictions agree that an individual’s action is illegal, it is hard to foresee which Law will apply if both jurisdictions have different severity of punishment or fines. Example: Consider a situation where a police officer is commissioned in Seattle. He may have no authority to arrest someone in Delaware. 20 4.7 Challenges In Cyber Law 21 4.7 Challenges In Cyber Law 1. Are all the crimes recognized that we see every day in cyber‑space? Cyber Crime is an evolving field, and therefore, as technology moves, new types of crimes surface. 2. Are our Police responsive(quick reacting) to the public when a complaint is made? 1. It is important to train the Police force when it comes to Cyber Crimes so that it yields results. 2. One of the greatest underlying issues that many citizens still face is the inability to get their complaints registered with all Police Stations and the presence of Cyber Crime Police Stations. 3. The Police face a lack of support from Intermediaries, Internet Providers, Phone service providers, and Web site owners. 4. A need for national-level policy formulation and further discussion concerning how to get sensitive data without give up privacy protection. 22 4.7 Challenges In Cyber Law 3. Are intermediaries and corporates co‑operative with law enforcement? 1. Intermediaries and Corporates avoid working with law enforcement as it seems like an intrusion to their work. Therefore, there may not be enough cooperation even if the corporate interest is involved. 2. More often than not, Crimes done inside the corporate system are not announced. 4. Are the expertise/experience in cyber law and cyber forensics being amplified? For creating the right pool of talents in cyber law and cyber forensics, the educational plan in training needs to be geared up: 1. Creating awareness of cybercrimes at the high school level; 2. Presenting cyber laws in the curriculum)kəˈrikyələm( in graduation level; 3. Presenting information security in the educational program at the technical and management instruction. 23 4.7 Challenges In Cyber Law 5. Are cyber laws being misused for internet censorship (supervision) and privacy violation? 1. Importance of Legal Compliance: People need to follow the rules and laws appropriately to meet legal requirements. 2. Concerns and Citizen Involvement: There are worries about how notifications for legal compliance might be misused for internet monitoring. To address this, the statement suggests involving citizens in decisions, especially in sensitive areas like blocking websites, to ensure a fair and transparent approach to following the rules. 24 4.7 Challenges In Cyber Law Example: Social Media Content Removal 1. Importance of Legal Compliance: Social media platforms often have community guidelines and legal policies regarding content. Users need to adhere to these rules to avoid violating the platform's terms of service. 2. Concerns and Citizen Involvement: If a social media platform starts removing content without clear rules or notifications, users may become concerned about potential misuse of the platform's authority. To address this, the platform could involve users in discussions about content policies, seeking their input to ensure a balanced and transparent approach to content moderation. This way, users become active participants in shaping the rules that govern their online interactions. 25