kf0jvt · December 22, 2015 03:18
diff --git a/legal-stuff b/legal-stuff
 ## Ethics
 Ethics in information technology is of supreme importance. As we will learn later in this court, the value of information is supported by its Confidentiality, Integrity, and Availability. If these attributes cannot be assured then users will lose faith in the information system and switch to other (possibly less secure) services. Information Technology professionals must always maintain a high moral standard so that users feel more assured that their data is not being compromised internally as well as externally.

 In this class we will briefly cover five approaches to ethics, and three world-views that people take in their approach to ethics. This isn't a class on ethics so you will not be expected to know these things in great detail. 

 ## You're a WEIRD person (probably)
 Basically we're all good people, and we want good things for those around us. Yet even in our own communities we often disagree about ethical decisions. And world wide there is even less agreement. Why is it that good people disagree about ethics? The first thing you need to understand when approaching ethics is that you're (probably) WEIRD.
 + Western
 + Educated
 + Industrialized
 + Rich (if you can afford to sit in this classroom you're rich by world standards)
 + Democratic

 So when you think about things that are obvious to you, it is important to remember that you're actually something of a anomoly in the world. Read more here: http://www.slate.com/articles/health_and_science/science/2013/05/weird_psychology_social_science_researchers_rely_too_much_on_western_college.html

 ## Three World Views affecting ethics
 These world views answer where a person fits into their community. "First and foremost a person is ____." I took this from *Sheweder et all “The ‘Big Three’ of Morality (Autonomy, Community, and Divinity), and the ‘Big Three’ Explanations of Suffering.”  In Morality and Health, 1997.* I also grabbed some moral dillemas from *The Righteous Mind – Why Good People are Divided by Politics and Religion.  Jonathan Haidt*

 + Autonomy - a person is an individual with individual rights and suffering individual harm. This is the dominate view among WEIRD people.
    - The more WEIRD you are, the more you see the world as separate objects rather than relationships. You are likely to identify strongest with Utilitarianism or Deontology.
 + Community - a person is a member of several larger entities such as teams, armies, companies, tribes, and nations.
    - These groups are more than just a collection, they matter and they must be protected. People are obligated to play their assigned role in these groups. Like The Rock says, "Know your role and shut your mouth."
    - The view that people should design their own lives and pursue their own goals seems selfish and dangerous as it weakens the social fabric.
 + Divinity - foremost a person is a temporary vessel within which a divine soul has been implanted. People are the children of God(s) and the body is a temple, not a playground.

 ### World View exercise 1
 Break into groups and discuss: Do the concepts of duty, respect, reputation, and patriotism exist in our society?  Even though we are an Autonomous society?  How?

 ### World View exercise 2
 Break into groups and discuss the following questions. Answer how they would be viewed by a pure adherant of each of the three world views
 + A man goes to a grocery store and buys a chicken which he will prepare for dinner.  The chicken is not alive.  Before cooking it, he has sexual intercourse with the chicken.  Has the man done anything wrong?
 + A family’s dog was killed by a car in front of their house.  They had heard that dog meat was delicious, so they cut up the dog’s body and cooked it and ate it for dinner.  Nobody saw them do it. Did the family do something wrong?
 + A 25 year old man visits his family and refers to his father by his first name.  Is that alright?

 ## Five broad approaches to ethics
 + Utilitarianism
 + Deontology (The Rights approach)
 + Distributive Justice (Fairness or Justice approach)
 + Ethics of Care
 + Virtue Ethics

 Read this: http://www.scu.edu/ethics/practicing/decision/thinking.html

 ## Law in a Common Law Country
 The first thing you should know is that these four categories are not so clear-cut as the definition I'm using here. This isn't a law class.

 ### Criminal
 Stuff you go to jail for. This is what most people think of when they think about the law. A legislative body gets together and decides that something should not be allowed and sets some kind of penalty for doing it. Essentially this is the court that deals with disputes between a person and the government. There are strong protections for the accused. The burden of proof is on the state, and the state must prove its case beyond a reasonable doubt.

 Because of reasonable doubt, O.J. Simpson, the police officers that beat up Rodney King, and George Zimmerman were not prosecuted.

 ### Civil
 Stuff you get sued over. Settles disputes between two people where the government is not involved. Some of the well-known protections of criminal court do not apply in civil court. For example, the burden of proof is shared between the parties and decisions are made based on where the evidence points. There is no 'reasonable doubt' bar that has to be met.

 Even though they were not convicted in criminal court, O.J. Simpson and the police officers that beat up Rodney King did lose their cases in civil court and had to pay damages. It is likely that the family of Trayvon Martin will bring civil charges against George Zimmerman.

 Civil law can be thought of as crimes against obligation. Some of those crimes are written (like a contract) and others are not. If my septic system leaks and causes your well water to taste like my poop then I have an obligation as a decent human being to fix the situation. There is no law that says that I have to clean your well, but you can go to civil court and say 'Kevin made me drink his poop' and the court will order me to provide you some compensation.

 ### Private
 Contracts and stuff. Private law is a subset of civil law that deals with written obligations between two people.

 ### Administrative Law
 refers to the body of law which regulates bureaucratic managerial procedures and defines the powers of administrative agencies. These laws are enforced by the executive branch of a government rather than the judicial or legislative branches (if they are different in that particular jurisdiction). This body of law regulates international trade, manufacturing, pollution, taxation, and the like. [1](http://en.wikipedia.org/wiki/Public_law)

 ## Three Conditions to Deter Bad Behavior
 Sometimes despite our best efforts to raise people to be good and wholesome, we end up with a bad person. In that case there are three conditions that have to be met to prevent bad behavior. All three conditions must be met or the bad behavior will not be effectively detered
 + There must be fear of being caught. When I'm driving on some back country road I drive about 20 M.P.H. over the speed limit and run through stop signs. Why? Because I know that it is very unlikely that the county sheriff is on that particular road and so I'm probably not going to get caught.
 + There must be fear of a penalty being applied. Why do we all drive 5 M.P.H. over the speed limit in town when we know there are police officers all over the place? Because we know that even though we'll probably be seen, most police officers wont write a ticket for being 5 over.
 + There must be fear of the penalty itself. What if the pentaly for being caught with a bag of marijuana was one dollar? If you got caught you would probably hand the officer a five and say "Here, this should cover me for the week."

 ## Tour of Some U.S. Laws Related to Computer Crime
 ### Computer Fraud and Abuse Act (18 USC 1030)
 + Unauthorized access to protected computers and access of non-public info
 + Protected computers: U.S. Government, Financial Institutions, Interstate Commerce, and Communication
 + Requires at least $5000 in damages
 + Has been ammended and twisted into a barely-recognizable version of its former self. These days some non-malicious and common activity on the Internet may actually violate the CF&A Act.
 + https://ilt.eff.org/index.php/Computer_Fraud_and_Abuse_Act_%28CFAA%29
 + http://www.slate.com/articles/technology/future_tense/2013/01/aaron_swartz_suicide_honor_his_memory_by_fixing_the_computer_fraud_and_abuse.html

 Watch out for that Interstate Commerce bit. The commerce clause makes it so that just about everything is a protected computer.

 ### Copyright Laws (18 USC 2319)
 + Makes it a crime to make 11+ copies of something with retail value greater than $700
 + That is the criminal offense. The civil penalities are much worse.
 + Also a crime to make copyrighted material available even if there is no compensation.
 + http://www.ted.com/talks/rob_reid_the_8_billion_ipod.html

 ### Interception (18 USC 2510-2522)
 Also known as the Electronic Communications Privacy Act
 + Illegal to wiretap phones and data networks
 + Provides rules for government wiretapping
 + Exceptions for organizations in communication business or provider of a service.
 + Talk about one and two-party consent
 + Problems: https://www.cdt.org/issue/wiretap-ecpa
    - No protection for stored communication
    - Email stored for 180 days on a server is considered abandoned and may be collected without a warrant.

 ## State Law Exercise
 Break the class into groups. Have them research and report on the following State of Minnesota Laws
 + Computer Theft - MN Stat. 609.89
 + Computer Damage - MN Stat. 609.88
 + Unauthorized Computer Access - MN Stat. 609.891
 + Criminal Use of Encryption - MN Stat. 609.8912
 + Reporting Violation - MN Stat. 609.8911
 + Facilitating - MN Stat. 609.8913
 + Services Fraud - MN Stat. 609.893

 ## Arrest, Prosecute, Convict, and the 5th Amendment
 + Arrest - to be taken into custody
 + Prosecute - to have charges brought against you
 + Convict - to be found guilty and have sanctions issued (fine, probation, jail, etc)

 It is important to remember that just because you are not guilty of a crime doesn't mean you can't be arrested for it. Even here in Mankato, a friend of mine was arrested for videotaping the police. He was charged with felony obstruction of justice and the local District Attorney sought a plea bargain before dropping the charges.

 You must always be on guard to ensure that you never give the appearance of having done something unethical; your professional credibility depends on it. Furthermore, our computer crime laws are vague and can be interpreted in such a way that you can be convicted over something that a technically competent person knows is not or should not be a crime. Computer laws are written by old people who have no idea how that magic box works.

 The last line of defense before conviction is the jury of your peers. You might think that they will not convict you, but remember, they are as clueless about how technology works as the people that wrote the laws in the first place. As far as the jury is concerned you're some kind of wizard who speaks to the demons in their computer and convinces it to send their email out. In their eyes you can hack into any computer system as easily as Moses parted the Red Sea. [This](http://www.buzzfeed.com/mjs538/the-computer-is-a-homo-devil-machine) woman will be on that jury of your peers. A jury of your peers felt that [this](http://www.youtube.com/watch?v=idPWapAEJyU) was an appropriate fine to give a single-mother for file sharing.

 ### The Fifth Amendment Text (I will test you on this)
 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 Now watch this video: http://www.youtube.com/watch?v=HF7RIPMzNGE

 ## Assignment Ideas
 + If you didn't discuss it in class then a paper on ethical dillemas in IT is a good one.
 + If you didn't do it as an in-class activity, then have students look up and write a paper on state laws regarding computer crime is a good one.
	## Ethics
	Ethics in information technology is of supreme importance. As we will learn later in this court, the value of information is supported by its Confidentiality, Integrity, and Availability. If these attributes cannot be assured then users will lose faith in the information system and switch to other (possibly less secure) services. Information Technology professionals must always maintain a high moral standard so that users feel more assured that their data is not being compromised internally as well as externally.

	In this class we will briefly cover five approaches to ethics, and three world-views that people take in their approach to ethics. This isn't a class on ethics so you will not be expected to know these things in great detail.

	## You're a WEIRD person (probably)
	Basically we're all good people, and we want good things for those around us. Yet even in our own communities we often disagree about ethical decisions. And world wide there is even less agreement. Why is it that good people disagree about ethics? The first thing you need to understand when approaching ethics is that you're (probably) WEIRD.
	+ Western
	+ Educated
	+ Industrialized
	+ Rich (if you can afford to sit in this classroom you're rich by world standards)
	+ Democratic

	So when you think about things that are obvious to you, it is important to remember that you're actually something of a anomoly in the world. Read more here: http://www.slate.com/articles/health_and_science/science/2013/05/weird_psychology_social_science_researchers_rely_too_much_on_western_college.html

	## Three World Views affecting ethics
	These world views answer where a person fits into their community. "First and foremost a person is ____." I took this from Sheweder et all “The ‘Big Three’ of Morality (Autonomy, Community, and Divinity), and the ‘Big Three’ Explanations of Suffering.” In Morality and Health, 1997. I also grabbed some moral dillemas from The Righteous Mind – Why Good People are Divided by Politics and Religion. Jonathan Haidt

	+ Autonomy - a person is an individual with individual rights and suffering individual harm. This is the dominate view among WEIRD people.
	- The more WEIRD you are, the more you see the world as separate objects rather than relationships. You are likely to identify strongest with Utilitarianism or Deontology.
	+ Community - a person is a member of several larger entities such as teams, armies, companies, tribes, and nations.
	- These groups are more than just a collection, they matter and they must be protected. People are obligated to play their assigned role in these groups. Like The Rock says, "Know your role and shut your mouth."
	- The view that people should design their own lives and pursue their own goals seems selfish and dangerous as it weakens the social fabric.
	+ Divinity - foremost a person is a temporary vessel within which a divine soul has been implanted. People are the children of God(s) and the body is a temple, not a playground.

	### World View exercise 1
	Break into groups and discuss: Do the concepts of duty, respect, reputation, and patriotism exist in our society? Even though we are an Autonomous society? How?

	### World View exercise 2
	Break into groups and discuss the following questions. Answer how they would be viewed by a pure adherant of each of the three world views
	+ A man goes to a grocery store and buys a chicken which he will prepare for dinner. The chicken is not alive. Before cooking it, he has sexual intercourse with the chicken. Has the man done anything wrong?
	+ A family’s dog was killed by a car in front of their house. They had heard that dog meat was delicious, so they cut up the dog’s body and cooked it and ate it for dinner. Nobody saw them do it. Did the family do something wrong?
	+ A 25 year old man visits his family and refers to his father by his first name. Is that alright?

	## Five broad approaches to ethics
	+ Utilitarianism
	+ Deontology (The Rights approach)
	+ Distributive Justice (Fairness or Justice approach)
	+ Ethics of Care
	+ Virtue Ethics

	Read this: http://www.scu.edu/ethics/practicing/decision/thinking.html

	## Law in a Common Law Country
	The first thing you should know is that these four categories are not so clear-cut as the definition I'm using here. This isn't a law class.

	### Criminal
	Stuff you go to jail for. This is what most people think of when they think about the law. A legislative body gets together and decides that something should not be allowed and sets some kind of penalty for doing it. Essentially this is the court that deals with disputes between a person and the government. There are strong protections for the accused. The burden of proof is on the state, and the state must prove its case beyond a reasonable doubt.

	Because of reasonable doubt, O.J. Simpson, the police officers that beat up Rodney King, and George Zimmerman were not prosecuted.

	### Civil
	Stuff you get sued over. Settles disputes between two people where the government is not involved. Some of the well-known protections of criminal court do not apply in civil court. For example, the burden of proof is shared between the parties and decisions are made based on where the evidence points. There is no 'reasonable doubt' bar that has to be met.

	Even though they were not convicted in criminal court, O.J. Simpson and the police officers that beat up Rodney King did lose their cases in civil court and had to pay damages. It is likely that the family of Trayvon Martin will bring civil charges against George Zimmerman.

	Civil law can be thought of as crimes against obligation. Some of those crimes are written (like a contract) and others are not. If my septic system leaks and causes your well water to taste like my poop then I have an obligation as a decent human being to fix the situation. There is no law that says that I have to clean your well, but you can go to civil court and say 'Kevin made me drink his poop' and the court will order me to provide you some compensation.

	### Private
	Contracts and stuff. Private law is a subset of civil law that deals with written obligations between two people.

	### Administrative Law
	refers to the body of law which regulates bureaucratic managerial procedures and defines the powers of administrative agencies. These laws are enforced by the executive branch of a government rather than the judicial or legislative branches (if they are different in that particular jurisdiction). This body of law regulates international trade, manufacturing, pollution, taxation, and the like. [1](http://en.wikipedia.org/wiki/Public_law)

	## Three Conditions to Deter Bad Behavior
	Sometimes despite our best efforts to raise people to be good and wholesome, we end up with a bad person. In that case there are three conditions that have to be met to prevent bad behavior. All three conditions must be met or the bad behavior will not be effectively detered
	+ There must be fear of being caught. When I'm driving on some back country road I drive about 20 M.P.H. over the speed limit and run through stop signs. Why? Because I know that it is very unlikely that the county sheriff is on that particular road and so I'm probably not going to get caught.
	+ There must be fear of a penalty being applied. Why do we all drive 5 M.P.H. over the speed limit in town when we know there are police officers all over the place? Because we know that even though we'll probably be seen, most police officers wont write a ticket for being 5 over.
	+ There must be fear of the penalty itself. What if the pentaly for being caught with a bag of marijuana was one dollar? If you got caught you would probably hand the officer a five and say "Here, this should cover me for the week."

	## Tour of Some U.S. Laws Related to Computer Crime
	### Computer Fraud and Abuse Act (18 USC 1030)
	+ Unauthorized access to protected computers and access of non-public info
	+ Protected computers: U.S. Government, Financial Institutions, Interstate Commerce, and Communication
	+ Requires at least $5000 in damages
	+ Has been ammended and twisted into a barely-recognizable version of its former self. These days some non-malicious and common activity on the Internet may actually violate the CF&A Act.
	+ https://ilt.eff.org/index.php/Computer_Fraud_and_Abuse_Act_%28CFAA%29
	+ http://www.slate.com/articles/technology/future_tense/2013/01/aaron_swartz_suicide_honor_his_memory_by_fixing_the_computer_fraud_and_abuse.html

	Watch out for that Interstate Commerce bit. The commerce clause makes it so that just about everything is a protected computer.

	### Copyright Laws (18 USC 2319)
	+ Makes it a crime to make 11+ copies of something with retail value greater than $700
	+ That is the criminal offense. The civil penalities are much worse.
	+ Also a crime to make copyrighted material available even if there is no compensation.
	+ http://www.ted.com/talks/rob_reid_the_8_billion_ipod.html

	### Interception (18 USC 2510-2522)
	Also known as the Electronic Communications Privacy Act
	+ Illegal to wiretap phones and data networks
	+ Provides rules for government wiretapping
	+ Exceptions for organizations in communication business or provider of a service.
	+ Talk about one and two-party consent
	+ Problems: https://www.cdt.org/issue/wiretap-ecpa
	- No protection for stored communication
	- Email stored for 180 days on a server is considered abandoned and may be collected without a warrant.

	## State Law Exercise
	Break the class into groups. Have them research and report on the following State of Minnesota Laws
	+ Computer Theft - MN Stat. 609.89
	+ Computer Damage - MN Stat. 609.88
	+ Unauthorized Computer Access - MN Stat. 609.891
	+ Criminal Use of Encryption - MN Stat. 609.8912
	+ Reporting Violation - MN Stat. 609.8911
	+ Facilitating - MN Stat. 609.8913
	+ Services Fraud - MN Stat. 609.893

	## Arrest, Prosecute, Convict, and the 5th Amendment
	+ Arrest - to be taken into custody
	+ Prosecute - to have charges brought against you
	+ Convict - to be found guilty and have sanctions issued (fine, probation, jail, etc)

	It is important to remember that just because you are not guilty of a crime doesn't mean you can't be arrested for it. Even here in Mankato, a friend of mine was arrested for videotaping the police. He was charged with felony obstruction of justice and the local District Attorney sought a plea bargain before dropping the charges.

	You must always be on guard to ensure that you never give the appearance of having done something unethical; your professional credibility depends on it. Furthermore, our computer crime laws are vague and can be interpreted in such a way that you can be convicted over something that a technically competent person knows is not or should not be a crime. Computer laws are written by old people who have no idea how that magic box works.

	The last line of defense before conviction is the jury of your peers. You might think that they will not convict you, but remember, they are as clueless about how technology works as the people that wrote the laws in the first place. As far as the jury is concerned you're some kind of wizard who speaks to the demons in their computer and convinces it to send their email out. In their eyes you can hack into any computer system as easily as Moses parted the Red Sea. [This](http://www.buzzfeed.com/mjs538/the-computer-is-a-homo-devil-machine) woman will be on that jury of your peers. A jury of your peers felt that [this](http://www.youtube.com/watch?v=idPWapAEJyU) was an appropriate fine to give a single-mother for file sharing.

	### The Fifth Amendment Text (I will test you on this)
	No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

	Now watch this video: http://www.youtube.com/watch?v=HF7RIPMzNGE

	## Assignment Ideas
	+ If you didn't discuss it in class then a paper on ethical dillemas in IT is a good one.
	+ If you didn't do it as an in-class activity, then have students look up and write a paper on state laws regarding computer crime is a good one.