CHAPTER 13 Computers in Society: Today
Netizenship, Education and IT Ethics A child may understand that breaking into the neighbor's house and reading a private diary is wrong. Perhaps they understand that it is a criminal activity. However, many children who crack into people's computers and read their e-mail do not believe their actions are criminal. Routinely, we see children with adult capabilities demonstrate the ethics of poorly trained children. Perhaps the same can be said of college students who pirate music, software, and movies rather than purchase these copyrighted items through traditional channels. To many educators it is now apparent that the teaching of information technology (IT) ethics should evolve as a priority at all levels of education. There is a growing awareness in the academic community that netizens should know what is right and wrong in cyberspace and that there are consequences for inappropriate actions. This awareness is showing up as a growing trend toward emphasizing IT ethics in classrooms.
International Cyber Crime Laws The Council of Europe has presented a draft of proposed international cybercrime laws. Observers believe that the 40 European member countries, the United States, and many other major countries will adopt these laws. Some organizations have interpreted the draft document to imply that government investigative powers should be increased. Organizations such as the Electronic Privacy Information Center (EPIC) and the ACLU are concerned that these laws compromise human rights and privacy. In the preamble of the document, the committee observed that the Council of Europe is "Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cyber-crime, inter alia by adopting appropriate legislation and fostering international co-operation; Conscious of the profound changes brought about by the digitalization, convergence and continuing globalization of computer networks; Concerned at the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks; Recognizing the need for co-operation between States and private industry in combating cyber-crime and the need to protect legitimate interests in the use and development of information technologies; Believing that an effective fight against cyber-crime requires increased, rapid and well-functioning international co-operation in criminal matters."
Internationally, there are surprisingly few laws relating to cybercrimes. The Council on Europe draft document invites member organizations (40 countries) to draft laws regarding illegal access, illegal interception, data interference, assisted interference, and misuse of devices. Also, the draft suggests that legislation be adopted in regards to computer-related forgery and fraud. Content related offenses would include child pornography. Another area of legislation would relate to the infringement of copyright and related rights. They also recommend a group of laws that would deal with intentional aiding or abetting the commission of any cybercrime. The council suggests laws be adopted such that persons shall be held liable for criminal offenses perpetrated within an organization. Another set of law recommendations deals with the preservation of stored computer data. The most controversial portion of the draft is the section on search and seizure of stored computer data. Here they recommend laws that would empower authorities to search and access a person or corporation's computer systems or their media. They recommend laws that permit real-time collection of computer data via "technical means." The proposed laws suggest that service providers be compelled to collect or record content data for specified communications. These proposed laws will be debated heavily within the legislatures/parliaments of many countries over the next few years.
Are Parents Responsible for Their Children's Internet Activity? An Illinois Judge has ruled that a parent is legally responsible for his child's alleged abuse of the Internet. The son allegedly published digitally doctored pornographic images of a woman on a web site. The judge has declared that the woman can sue the young man's father. The judge's decision has stirred controversy in the information technology community.
Copyright Bombshell The United States Copyright Office has ruled that the Webcasting of radio broadcasts is a "second performance" of copyright material. This means that the thousands of radio stations that are currently Webcasting their signal would be liable to pay royalty payments for music played. Traditionally, over-the-air radio has been exempt from royalty payments. This decision, if not overturned, could mean that radio stations now broadcasting over the Internet may be forced to stop or substantially curtail programming. Or, they will need to pay millions of dollars in royalty fees.