IT Law and Ethics - Belgium Campus
Document Details

Uploaded by ShinyAntigorite5749
Belgium Campus iTversity
Tags
Summary
This document introduces IT Law and Ethics, covering ethical frameworks, moral reasoning, and ethical dilemmas in software development. It presents case studies, class exercises, and discusses ethical implications relevant to software engineers, exploring concepts like utilitarianism, deontology, and relativism.
Full Transcript
B E LGIU M CAM P US IT LAW and Ethics ILE261 IT LAW AND ETHICS 261 IMPORTANT INFORMATION DURATION ASSESSMENTS 25% Project...
B E LGIU M CAM P US IT LAW and Ethics ILE261 IT LAW AND ETHICS 261 IMPORTANT INFORMATION DURATION ASSESSMENTS 25% Project 25% 2 2 Tests Class Test 1 Qualifying 1 Project mark weeks 1 Exam 50% Summative Test © B ELG IU M CAMPU S 2 02 5 The Wealthy If you can prevent suffering, are you morally obligated to do so? Singer (2018) wrote that if all life has equal value, and inaction will lead to suffering, those who can help have a duty to do so. Is that premise flawed though? Is all life equal in value? © B ELG IU M CAMPU S 2 02 5 Before we start Please note that ethics can often touch on topics that people find sensitive. Throughout this module we will look at a variety of perspectives and, though we approach all topics with sensitivity and awareness, certain topics such as religion and freedom of speech are an essential part of the study of ethics. If you feel offended by certain discussions, please speak to your lecturer in private. © B ELG IU M CAMPU S 2 02 5 The trolley problem See the Trolley Problem on BC Connect and answer the questions. © B ELG IU M CAMPU S 2 02 5 PAGE 6 WHAT IS right? When in a difficult situation, how do you decide which is the right thing to do? PAGE 7 What is the golden rule? Could you apply this when deciding on the right thing to do? Ethics throughout According to the poet Homer, to be good is to provide help to your friends and harm to your history enemies. Socrates stated: “No person should ever willingly do evil”. This sounds like common In Ancient Greece some of the best-known sense. However, when you consider that he philosophers were Socrates, Plato, and Homer. They all had something to say about being a also viewed not doing a good thing as good person. equivalent to an evil act, it becomes a bit more interesting. Research the bystander effect bias. © B ELG IU M CAMPU S 2 02 5 W h a t d o y o u t h i n k a b o ut t h e f o l l o w i n g e t h i c a l d i l e m m a : An Armageddon level event is going to occur at some point in the future. They can only save one third of the human population. How should people be chosen? © B ELG IU M CAMPU S 2 02 5 ethical dilemmas In the previous example, you were presented with an ethical dilemma (also referred to as a moral dilemma). The Stanford Encyclopaedia of Philosophy (2022) defines an ethical dilemma as a case or scenario where two or more options are presented, each presenting an ethically undesirable outcome, but only one choice is possible. The key aspect of an ethical dilemma is the conflict between the choices presented. No matter the choice that is made, the consequences will be unethical. By definition, an ethical dilemma therefore has no right answer. What is the purpose of an ethical dilemma? © B ELG IU M CAMPU S 2 02 5 M oral ity 01 Principles regarding the distinction between right and wrong. Some of the Ethics main terms in 02 The study of what is good and bad. It also refers to attempts at building ethics. ethical frameworks. NO RM ATIV E ETHICS 03 A branch of ethics that focuses on the principles and morals governing what is right and wrong. © B ELG IU M CAMPU S 2 02 5 Ethics, Law, and Religion What is the relationship between ethics and the law? Can you think of 3 activities that are legal but unethical and 3 activities that are illegal but ethical? Read the Ethics, Law, and Religion section on BC Connect under the Introduction to Ethics section and critique Rachels’ definition of morality. See the textbook, p. 49, and read the section on morality and the law. © B ELG IU M CAMPU S 2 02 5 Ethical theories What is right in one culture, country, or even in one family, could be considered wrong in another. How do we know what is right? Various theories attempt to determine how we can determine what is right. Each of these theories has its own context. In some contexts, one theory is more appropriate than another. You can also find more information on each of these on BC Connect. © B ELG IU M CAMPU S 2 02 5 Theories in Relativism ethics Throughout history many people have looked at ethics. Here are some of the According to relativism, morality is relative to prominent examples. time, place, and culture. Different cultures view morality differently. If a culture viewed slavery as right, then that would be what is right for them. We should respect their views on morality. There is therefore no such thing as a universal good. The opposite of this would be cultural absolutism which holds that some moral values are the same in all cultures such as condemning lying or stealing (Thiroux & Krasemann, 2014). © B ELG IU M CAMPU S 2 02 5 Doing the right thing Why was Susan Brownell arrested? © B ELG IU M CAMPU S 2 02 5 D e o n t ol o g y Theories in ethics Based on the work of Immanuel Kant (1997), Throughout history many people have Deontology states that by following the looked at ethics. Here are some of the rules, you are doing the right thing. His prominent examples. theory also provides the foundation for Judeo-Christian morality. Kant believed there were certain universal moral laws such as don’t kill, don’t lie, and don’t steal. These laws could never be broken. © B ELG IU M CAMPU S 2 02 5 The greater good In war, soldiers are required to take lives. If you were drafted, what would you do? © B ELG IU M CAMPU S 2 02 5 U t i l i t ar i a n i s m Theories in ethics What is good is that which would bring Throughout history many people have maximum pleasure to the most people. This looked at ethics. Here are some of the theory could be summed up as “happy prominent examples. consequences”. John Stuart Mill (1863) argued that most people strive for happiness and therefore the majority rules. But several counters to this theory prevent it from being “the answer”. What flaws can you identify? Which situations would utilitarianism be more suited to? © B ELG IU M CAMPU S 2 02 5 Living a good life Create 4 rules that, if followed, mean you are a good person. © B ELG IU M CAMPU S 2 02 5 Relativism Theories in ethics D e o n t ol o g y There are many other theories e.g., hedonism, nihilism, consequentialism. U t i l i t ar i a n i s m A BRIEF TANGENT Which ethical theory is the right one? Life is far too complex to be reduced down to a few rules. Sometimes philosophers appear to create problems simply to have something to argue about. For example, do you believe in fate? If so, are you a proponent of determinism? Are you then therefore also in support of Nietzsche’s concept of “amor fati”, the idea that happiness lies in accepting your destiny – the good and the bad (Nietzsche, 1995). © B ELG IU M CAMPU S 2 02 5 A BRIEF TANGENT Something we do not cover in this module is Eastern philosophy. Buddhist philosophy and the concept of mindfulness have become quite popular. Some of their aphorisms are quite beautiful. This quote by Buddhist philosopher Thich Nhat Hanh (1998) is rather poignant: "The seed of suffering in you may be strong, but don't wait until you have no more suffering before allowing yourself to be happy.“ Another is by Pema Chödrön: "You are the sky. Everything else – it's just the weather.“ For all the unanswerable questions philosophy brings, it also brings a fresh perspective. © B ELG IU M CAMPU S 2 02 5 Discussion In addition to the 3 theories we’ve discussed, there are many other ethical theories and theoretical categories. Do research on the following theories and explain which theory is best suited to your own belief system: Consequentialism Stoicism / Virtue Ethics Non-cognitivism Social Contract Theory Moral Intuitionism Ethics of Care Nihilism © B ELG IU M CAMPU S 2 02 5 Moral Reasoning We’ve had several ethical dilemmas. The process of The philosopher JS Mill (1863) thinking through an ethical issue and deciding what stated that we are generally not able should be done is known as moral reasoning. Some to do the calculations required of theorists, however, do not believe it is possible to apply utilitarianism but that human reasoning to morality and believe that morality does not experience continually builds upon subscribe to any universal laws (e.g. non-cognitivism). itself and brings a deeper awareness of morality to each successive However, the moral reasoning process does allow us to generation. Do you agree? investigate our own responses and provides us with important moral insights into our own thought processes. © B ELG IU M CAMPU S 2 02 5 Achieving moral reasoning If you consider the cognitive development of humans: from infancy to adulthood, how does morality develop? How does a toddler distinguish right from wrong compared to a teenager or an adult? Is this development consistent across all countries and cultures? Read about Kohlberg’s moral reasoning theory on BC Connect. *Note that Kohlberg’s theory will be tested. © B ELG IU M CAMPU S 2 02 5 Achieving moral reasoning Kohlberg proposed three levels of cognitive development in terms of morality with each level broken down into two stages. Of these levels, which level is the minimum acceptable level for a typical working person? What kind of situations could push a software developer who is at that stage? In which situations can people behave in various stages and phases? For example, in one situation a person might behave on stage 6 while in another they are on stage 3. © B ELG IU M CAMPU S 2 02 5 Class exercise 1. What is Humanitarian ethics as defined by J Thiroux? 2. Why did Thiroux develop this theory? What gap did this theory try to fill? 3. What are the five basic principles and provide an example for each. 4. Choose one of these scenarios and apply each of the principles to determine whether it is the “right” thing to do: a. A couple wants to live together without getting married. Their parents do not approve. Is the couple committing an immoral act? b. A 45-year-old person is irreversibly paralysed from the neck down after a car accident. They request euthanasia. c. Snapchat wants to implement a facial recognition feature that will determine a user’s age with 99% accuracy to prevent exploitation of minors. *Note that Humanitarianism will be tested. © B ELG IU M CAMPU S 2 02 5 What are the ethical implications of being a software developer? Overall, being a software engineer requires ethical considerations that go beyond just technical proficiency. It is important to consider the impact of software on users, society, and the environment and to design and develop software with ethical considerations in mind. © B ELG IU M CAMPU S 2 02 5 Privacy & security What are the ethical implications of being a Software engineers often have access to sensitive user data and must ensure that this data is software developer? protected from unauthorized access or misuse. They must also be transparent with users about how their data is collected and used. © B ELG IU M CAMPU S 2 02 5 Bias and discrimination What are the ethical implications of being a Software engineers have the power to design and develop software that can perpetuate biases and software developer? discrimination. They must ensure that their software is designed with fairness and inclusivity in mind and consider the impact their technology can have on marginalized communities. © B ELG IU M CAMPU S 2 02 5 Intellectual property What are the ethical implications of being a Software engineers must respect intellectual property rights and avoid infringing on others' software developer? copyrights, patents, or trade secrets. They must also ensure that the software they develop does not violate open-source licensing agreements. © B ELG IU M CAMPU S 2 02 5 Environmental impact What are the ethical implications of being a Software engineers can contribute to environmental harm through energy consumption, software developer? waste production, and resource consumption. They should be mindful of the environmental impact of their work and consider ways to reduce the environmental footprint of their software development. © B ELG IU M CAMPU S 2 02 5 Transparency and accountability What are the ethical implications of being a Software engineers are required to produce high- quality code with proper documentation, using software developer? version control systems to track changes, conducting thorough testing and quality assurance, ensuring security and privacy measures, complying with legal and regulatory requirements, and maintaining effective communication and collaboration with stakeholders. These practices promote ethical and responsible development. © B ELG IU M CAMPU S 2 02 5 1. What are the ethical responsibilities of software developers, and how do these responsibilities differ from those of other professions? 2. What ethical implications arise from the collection and use Discussion of user data, and how can software developers ensure that users have informed consent and control over how their data is used? Answer the questions on the right. Take a few 3. What ethical implications arise when software developers minutes and think about these questions are asked to work on projects that conflict with their carefully. personal values or beliefs, and how should they handle these situations? 4. What are the ethical implications of using and contributing to open-source software, and how can these projects ensure that their work aligns with ethical principles? 5. What ethical responsibilities do software developers have to ensure that their software is accessible to users with disabilities, and how can they address issues of accessibility in their work? © B ELG IU M CAMPU S 2 02 5 References 7 Life Lessons from Pema Chödrön, https://www.guidedmind.com/blog/7-life-lessons-from- pemachodron#:~: text=%E2%80%9CYou%20are%20the%20sky.,up%20the %20consistency %20of%20life. Cahn, S.M. and Markie, P.J. (2020) Ethics: History, theory, and contemporary issues. 8th ed. New York: Oxford University Press. Dunne, L. (2025) What are Nietzsche’s 4 most famous quotes?, Available at: https://www.thecollector.com/what-are-nietzsche-most-famous-quotes/. Frederiksen, C.S., Nielsen, M.E.J. (2013). Ethical Theories. In: Idowu, S.O., Capaldi, N., Zu, L., Gupta, A.D. (eds) Encyclopedia of Corporate Social Responsibility. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-28036-8_613 Johnson, T. M., & Grim, B. J. (2013). The world’s religions in figures: An Introduction to International Religious Demography. John Wiley & Sons. Kant, Immanuel. (1997) "Groundwork of the Metaphysics of Morals" (original German title: " Grundlegung zur Metaphysik der Sitten"). Translated by Mary Gregor. Cambridge University Press. Kohlberg, L. (1981). The Philosophy of Moral Development: Moral Stages and the Idea of Justice. Harper & Row. Mill, J. S. (1863). Utilitarianism. Parker, Son, and Bourn. Nhat Hanh, T. (1998). The Heart of the Buddha's Teaching: Transforming Suffering into Peace, Joy, and Liberation. Broadway Books. Nielsen, K 1984, “Why should I be moral? Revisited,” American Philosophical Quarterly, 21(1):, https://philpapers.org/rec/NIEWSI. Nietzsche, F. (1995). Thus Spoke Zarathustra: A Book for All and None. Translated by W. Kaufmann. Modern Library. Reynolds, G. (2015). Ethics in Information Technology (5th ed.). Cengage Learning. Singer, P. (2018), “Famine, affluence, and morality,” in Princeton University Press eBooks, pp. 677–684, https://doi.org/10.2307/j.ctv19fvzzk.67. Singer, J. and Vinson, N.G. (2002) "Ethical issues in empirical studies of software engineering," in IEEE Transactions on Software Engineering, vol. 28, no. 12, pp. 1171-1180, doi: 10.1109/TSE.2002.1158289. Thiroux, J. P., & Krasemann, K. W. (2014). Ethics: Theory and Practice (11th ed.). Pearson. Stanford Encyclopaedia of Philosophy, (2022). Moral Dilemmas. Available at: https://plato.stanford.edu/entries/moral -dilemmas/ Stanford Encyclopaedia of Philosophy, (2021). Philippa Foot. Available at: https://plato.stanford.edu/entries/philippa- foot/#:~:text=To%20the%20wider%20world%2C%20and,such%20as%20killing%20one%20healthy © B ELG IU M CAMPU S 2 02 5