Ethical Decision-Making Models PDF

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QuaintElPaso2191

Uploaded by QuaintElPaso2191

Western Governors University

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ethical frameworks legal acts information privacy ethics

Summary

This document discusses ethical theories like consequentialism and deontology, and includes examples. It also details various legal acts related to communication and privacy, such as the CDA and COPA. This is likely supplemental material for a course on ethics.

Full Transcript

Cohort 1 Consequentialism/Utilitarianism Maximize positive consequences Utilitarianism is a subset of Consequentialism Ex. Give to charity because it feeds to hungry Deontology An action is good if it follows from moral rules/commands Opposed to consequentialism Consequences dont matter, fol...

Cohort 1 Consequentialism/Utilitarianism Maximize positive consequences Utilitarianism is a subset of Consequentialism Ex. Give to charity because it feeds to hungry Deontology An action is good if it follows from moral rules/commands Opposed to consequentialism Consequences dont matter, following the moral law matters Ex. Dont lie, even if it would have a good outcome Virtue Ethics Education based ethical system Observe virtuous people. Practice virtuous action. Become virtuous Ex. Read about courageous people, think about how it applies to your life, practice being courageous Relativism All ethical frameworks are subjective Anchored in place and time, no absolute right or wrong Ex. Some cultures value individual freedom, some dont Ethical Decision Making Model Develop Problem Statement – define problem Identify alternatives – different ways to solve problem Choose an alternative – choose your best solution Implement decision Evaluate results (CDA) Communications Decency Act - aimed to protect children from corn (COPA) Childn Online Protection Act - prohibits making harmful material available to minors via the Internet (CIPA) Children’s Internet Protection Act - requires federally financed schools and libraries to use filters to block computer access to any amterial considered harmful to minors (DMCA) Digital Millennium Copyright Act - provides limitations on the liability of an ISP for copyright infringement(the act of breaking a law) (CAN-SPAM) Controlling the Assault of Non Solicited Cornography and Marketing - specifies the requirements that commercial emailers must follow when sending ou messages that advertise a commercial product or services (FCA) False Claims Act - protects the government from fraud by holding people and companies liable for defrauding government programs (FCPA) Foreign Corrupt Practices Act - makes it a crime to bribe a foreign official/foreign political office. Applies to US citizens and companies (FCRA) Fair Credit Reporting Act - regulates operations of credit reporting bureaus (RTFPA) Right to Financial Privacy Act - protects the financial records of financial institution customers from unauthorized scruntity(critical examinations) by the federal government (GLBA) Gramm-Leach-Bliley Act - requires financial institutions to explain their information-sharing practices (FACTA) The Fair and Accurate Credit Transaction Act - allows consumers to request and obtain a free credit report each year from each of the three cusomer credit reporting agencies (HIPAA) Health Insurance Portability and Accountability - defined numerous standards to improve the portability and continuity of health insurance coverage, reduce fraud, waste, and abuse in health insurance care (ARRA) American Recovery and Reinvestment Act - massive federal spending, to stimulate economy & create jobs (FERPA) Family Educational Rights and Privacy Act - provides students and their parents with specific rights regarding the release of student records (COPPA) Children's Online Privacy Protection Rule - requires website that cater to children to offer comprehensive privacy policies, notify parents about their data collection, receive parental consent for children under age of 13 WIRETAP Act - regulates the interception of telephone and oral communications (FISA) Foreign Intelligence Surveillance Act - procedures for electronic surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers Executive Order 12333 - identifies gov intelligence-gathering agencies and defines what information can be collected, retained, and disseminated by the agencies. ‘Allows for tangetial collection of US citizen data, even when those citizens are not specifically targeted’ (ECPA) Electronic Communications Privacy Act - deals with protection of communication while in transit from sender to receiver (CALEA) Communications Assistance for Law Enforcement Act - requires telecommunication industry to build tools into its products that federal investigators can use - after gaining a court order - to eavesdrop on conversations and intercept electronic communications. ‘Gives gov permission to intercept lines’ USA PATRIOT ACT - penalties for terrorism financing Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 - granted NSA expanded authorit to collect international communications as they flow through the US telecommunications as they flow through US telecommunication PATRIOT Sunsets Extension Act - granted a 4-year extensions of provisions of the US PATRIOT ACT that allowed roving wiretaps and searchesof business records. It also extended authorizong intelligence gathering on “lone wolves” (individuals suspected of terrorist-related activities) USA Freedom Act - terminated the bulk collection of telephone metadata by the NSA instead of requiring telecommunications carriers to hold the data and respond to NSA queries for data “Fair information practices” - is a term for a set of guidelines that govern the collection and use of personal data OECD for the Protection of Privacy and Transborder Data Flows of Personal Data created a set of fair information practices that are often held up as the modal for organizations to adopt for the ehtical treatment of consumer data GDPR - requires EU member contries to ensure that data transferred to non-EU countries is protected European Union's (EU) Data Protection Directive - Choice (FOIA) Freedom of Information Act - grants citizens the right to access certain information and records of the federal gov upon request Privacy Act prohibits US gov agencies from concealing the existence of any peronal data record keeping system (PRO-IP) Prioritizing Resources and Organization for Intellectual Property - increased trademark and copyright enforcement (GATT) General Agreement of Tariffs and Trade - to enforce compliance with the agreement. GATT includes a section covering coprights called the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) WTO World Trade Organization - deals with rules of international trade based on WTO agreements that are negotiated and signed by representatives of the world’s trading nations, help conduct business. The WTO replaced the GATT (WIPO) World Intellectual Property Organization - is an agency of the US dedicated to ‘the use of intellectual property as a means to stimulate innovation and creativity’ Patent - grant of property right issued by the US Patent and Trademark Office (USPTO) give to an inventor to exclude the public from making it, selling it, using it ISO International Organization for Standarization - issed business management standards in 1988 ISO 9001 - family of standards serves as a guide to quality products, services and management (FMEA) Failure Mode and Effects Analysis - used to evaluate reliability and determine the effects of system and equipment failures Ethics - code of behaivor that is defined by the group to which an individual belongs Morals - personal principles upon which an individual bases his or her decisions about what is right and what is wrong Virtue - behavior showing high moral standards Vice - practice/behaivor Social audit - formal review of company endevours, procedures and code of conduct Code of ethics - states the principles and core values that are essential to one’s work Globalization - created a much more complex work enviornment, making it difficult to apply principles an codes of ethics consisitently CSR - Corporate Social Responsibility - is the concept that an organization should act ethically by taking responsibility for the impact of its actions on its shareholders, consumers, employees, community, enviornment and suppliers WHY CSR: To gain the goodwill of the community To create an organization that operates consistently To foster food business practices To protect the organization and its employees from legal action To avoid unfavorable publicity Supply chain sustainability - component of CSR, maintain supply chain needs without compromising the ability of future generations to meet their needs Code of ethics usually have 2 parts: Outlines what the org aspires to become List rules and principles that members are expected to live by Several IT related orgs have developed IT code of ethics ACM IEEE-CS AITP SANS DHS - Department of Homeland Security US-CERT - partnership between DNS and the public and private sectors which is established to protect nation’s internet infrastructure EDR Event data recorder - device that records vehicle and occupant data for a few seconds before, during, and after any vehicle crash that is severe enough to deploy the vehicle’s air bags SLAPP Strategic Lawsuit Against Public Participation - lawsuit filed by corporations, government officials, and other against citizens and community groups who oppose them on matters of concern, speaking out on the matter John Doe lawsuit - enable orgs to gain subpoena power in effort to learn the identity of anonymous Internet users who they believe have caused some form of harm to the organization through their postings Fair use doctorine Particular use of copyrighted property is fair and can be allowed without penalty 1. The purpose and character of the use 2. The nature of the copyrighted work 3. The portion of the copyrighted work used 4. The effect of the use on the value of the copyrighted work For a ‘thing’ to be considered for a patent 1. must be useful 2. must be novel 3. must not be obvious to a person having ordinary skill in the same field Leahy-Smith American Invents Act - changed the US patent system from a “first-to-invent” to “first -inventor-to file” Competitve intelligence - legally obtained information that is gathered to help a company gain an advantage over its rivals (CMMI) Capability Maturity Model Integration - collection of best practices that help organizations improve their processes Software Development Maturity: Initial Managed Defined Quantitatively Managed Optimizing (CMMI-DEV) Capability Maturity Model Integration Development - frequently used to assess and improve software development practices most widely used measurement of the material standard of living - gross domestic product (GDP) per capita Almost every job has partial automation potential and research suggests that 45 percent of human work activities could be automated using existing techonology Robotics - branch of engineering Natural Language - processing is an aspect of artifical intelligence that involves technology that allows computers to understand, analyze, manipulate and/or generate “natural langauges” such as English EMR - Electronic Medical record, collection of health related information on an individual that is created, managed, and consulted by authorized clinicians EHR - Electronic Health record, comprehensive view of the patient’s complete medical history designed to be shared with authorized providers and staff from HIE - Health information exchange, process of sharing patient-level electronic health information between different organization, can result in more cost-effective and higher quality care CDS - Clinical decision support, process and a set of tools designed to enhance health-related decision making through the use of clinical knowledge and patient-specific information to improve healthcare delivery CPOE - Computerized provider order entry, system enables physicians to place, system enables physicians to place orders (for drugs, lab tests, radiology, physical therapy) electronically with the orders transmitted directly to the recipient. CPOE streamlines the ordering process Store-and-forward telemedicine - acquiring data, sound, images, and video from a patient and then transmitting everything to a medical specialst for later evaluation 60% percent of employers used social media to research job candidates with half of those findings gave a negative impression of the candidate (SORNA) Sex Offender Registration and Notification Provisions - Adam Walsh Child Protecting and Safety Act of 2006 set national standards that govern which sex offenders must register and what data must be captured Coemployment - is one in which two employers have actual or potential legal and duties with respect to the same employee or group of employees Contingent workers - temporary staff, may have a low level commitment to the company H-1B temporary work visa granted by the US Citizenship and Immigration Services (USCIS) for people who work in specialty occupations Whistle-blowing - an effort to attract public attention to a negligent, illegal, unethical, abusive or fangerous act by a company Effective whistle-blowing 1. assess the seriousness of situation 2. begin documentation 3. attempt to address the situation INTERNALLY 4. consider escalating the situation within the company 5. assess the implicaitons of becoming a whistle-blower 6. use experienced resources to develop an action plan 7. execute the action plan 8. live with the consequences EPEAT Electronic Product Environmental Assessment Tool - system that enables purchasers to evaulate, compare, and select electronic products based on 51 environmental criteria Green computing Reduce the use of hazardous material Allow companies to lower their power related costs Enable the safe disposal or recycling of computer and computer-related equipment Privacy - how do we keep info private? what are the safeguards to protect a person’s privacy? Accuracy - who is responsible for data accuracy? who is accuontable? what safeguards do we have to ensure accuracy? Property - who OWNS the information? who has the right ot buy or acquire info? how should access to IP be regulated? Access - What info does a person have access to? What safeguards exist for information access? How do we guarantee equal access across social and economic groups

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