Spinello, Richard A. : Boston College

Since this book was first published in 1996 under the original title Case Studies in Information and Computer Ethics, there have been many changes in this expanding field of study. Computer ethics courses began infiltrating the curriculum at many universities and there has been an outpouring of books and articles. The field is more mature now with its own journal, Ethics and Information Technology, published by Kluwer Academic Publishers, and its own scholarly organization, the International Society for Ethics and Information Technology (INSEIT). In keeping with this nomenclature, we have opted to change the title of this book to Case Studies in Information Technology Ethics.

Also, at that time of the first edition the World Wide Web was in its infancy and most electronic commerce business models were still on the drawing board--inchoate ideas in the minds of visionaries like Jeff Bezos of Amazon.com. During the ensuing period there was an explosion of growth on the Web followed by the great dot.com crash of 2000. But while the euphoria about the Net has faded, no one is dismissing the likelihood that this global network will be a main thoroughfare of commerce and community in the future.

This new edition puts considerable emphasis on the major ethical dilemmas provoked by the Web and the Internet, especially in the areas of privacy, free speech, and intellectual property. Several new sections have been added, including an entire chapter on free speech in cyberspace along with a chapter on fair competition and Internet access issues. Free speech issues have emerged as particularly contentious ones thanks to the availability of automated content controls such as filters; several cases in Chapter 2 will emphasize the disputed role of these technologies in controlling discourse in cyberspace. There is also much emphasis in this book on property and interconnectivity issues that stem from activities such as hyperlinking. The property cases deal with digital music and the Internet phenomenon of Napster, and they also examine controversial issues such as Web site linking and the proper use of metatags.

Other topics covered by this book include security, software reliability and liability, and, of course, the vital issue of privacy. The chapter on privacy includes a case on Web bug architectures as well as a new case on the controversy surrounding Toysmart.com's customer list. There is a new section in this chapter called "Privacy and Public Safety" that includes two case studies on the government's conflicting demands to protect privacy and provide security. The first case study focuses on the FBI's controversial Carnivore technology and the demands placed on Internet Service Providers to cooperate in Carnivore's deployment. The Carnivore case allows students to consider the difficult trade-offs that must be made between security and liberty. The second selection, "Crypto Wars," is an updated version of a case that appeared in the first edition. That case now reflects the liberalization of encryption export policy and other important changes. The privacy issues raised by both of these cases obviously have greater salience in the post-September 11 world.

Also new to this edition is a secondary focus on policy issues for those so inclined to present some of these cases from that perspective. Included in Chapter 1 is an overview of Larry Lessig's framework along with more general background material on how to frame policy debates about the Internet. The final chapter is especially suited for policy discussion with its cases on the information infrastructure. These cases involve the problems of open access on the Internet and the digital divide. Included in this chapter are two cases on Microsoft: a comprehensive review of the antitrust trial and a timely discussion on the potential for renewed antitrust problems with the release of the Windows XP operating system.

This book presents a total of 42 case studies; 22 of these cases are new and several of the remaining cases have been updated where appropriate. Some of these cases (such as the pair of Microsoft cases) look at the moral propriety of corporate policy, while others look at what constitute suitable and fair public policies. Still other cases are based on the actual experiences of managers and Information Technology (IT) professionals who work in the field of computer technology or have some responsibility for managing a company's information resources. A few cases represent hypothetical but realistic situations.

The purpose of these diverse cases, of course, remains the same: to help students, IT professionals, and managers to reflect on the vexing ethical dilemmas and problems that are emerging in the information age. In this fast-paced environment the rules seem to change quite rapidly and the standards of propriety are difficult to define. Many of the cases presented here are complex and multifaceted, and hence they defy facile solutions: But the problems posed are certainly not insoluble, and, as a guide to effective resolution, this book includes an overview of theoretical ethical frameworks. The frameworks presented include consequentialism, pluralism, and contractarianism. They enable us to analyze moral problems from the viewpoint of consequences, duties, and rights. If used properly, these "avenues" of ethical reasoning can be instrumental in helping us develop a cogent action plan within the bounds of ethical probity and social acceptabilty.

Finally, there is a selective but thorough bibliography that includes major books and articles in the field of information technology ethics. It is organized by the topics covered in this book and it will facilitate the process of future research on many of the issues raised in the case studies and the chapter introductions.

THE METHOD

The case study remains a popular instrument to provoke students to grapple with complicated moral problems and quandaries. Cases present such problems in a particular context, and as a result they require students to discern the ethical dimension of a situation among a plethora of intricate, perplexing, and sometimes conflicting information. Further, they compel students to frame the issues carefully and to develop a tenable and morally defensible action plan. Since these cases are based on real-life situations, they prepare students for the ethical dilemmas they will confront in their own professional careers. The expectation is that they will be able to deal with those dilemmas more responsibly and purposefully once they have developed this valuable skill of ethical analysis.

The most significant benefit of using the case study method is that it engages students and requires them to become active participants rather than passive observers. This method is a form of student-centered education that heavily involves students in the learning process. According to Charles I. Cragg, in "Because Wisdom Can't Be Told," (Harvard Alumni Bulletin October 19,1940)

The case system, properly used, initiates students into the ways of independent thought and responsible judgment. It faces them with situations which are not hypothetical but real. It places them in the active role, open to criticism from all sides. It puts the burden of understanding and judgment upon them. It provides them the occasion to deal constructively with their contemporaries and their elders.

The cases in this book have been designed to stimulate dialogue and reflection on a well-defined set of complex issues. They are timely and yet embody enduring controversies that will remain with us for many years. They can stand alone or be used with supplementary material such as background essays, articles, and even news clips available on video. Most of the cases have been tested at various seminars and classes at Boston College, and they have been chosen because they can function as excellent springboards to productive and lively discussions.

THE AUDIENCE

Interest in this provocative subject matter has certainly intensified in the last decade. As a result, new courses and workshops in information technology ethics have proliferated on college campuses, corporate education settings, and elsewhere. It is my hope that this updated case book will continue to be a valuable resource for such courses and seminars.

This book can be used profitably in advanced undergraduate and graduate programs in schools of business, engineering, and public policy. It is most suitable for courses devoted exclusively to information technology (or computer) ethics, but it could be used in engineering ethics courses where a major axis of discussion is information processing. It has also been designed for interdisciplinary courses that probe the business and legal environment of telecommunications and information technology such as "Seminar in Internet Law, Ethics, and Policy." Or it could be used profitably in generic policy or ethics courses offered in schools of business (for example, courses such as "Social Issues in Management" or "Moral Dilemmas of Management"). This text could even find a place in some humanities and philosophy courses that treat broader areas such as practical ethics or technology and society. Lastly, this collection of cases can be an important resource in corporate management education programs. Professional managers also need to be introduced to the array of issues presented in these case studies. In any of these contexts this text can be used by itself or it can serve as a companion piece to a narrative or book of readings on computer ethics.

Ultimately the goal of this book is to help instructors sensitize students and managers to the vital importance of the careful and responsible use of information technology. It raises many questions, challenges certain assumptions, and even provides a glimpse into the future. But above all, the primary objective is to heighten our ethical awareness in order to help ensure that technology will not be used to create a future inimical to human values or the fundamental principles of justice and fairness.

For junior/senior-level and graduate courses in Computer, Business, Engineering, and Information Technology Ethics in departments of business, philosophy, and humanities.

A versatile learning tool, this collection of 42 high-quality, well-researched case studies on information technology ethics addresses the multi-faceted ethical dilemmas that are emerging in the networked world, and illustrates the key concerns of computer specialists and information managers today. Engaging readers in an exciting discovery process as they work through the material, it offers a practical balance for all levels of students-neither too technical for the novice in computer issues, nor overly simplistic for those majoring in computer related subjects.

Features :

• NEW-22 new cases-Accompanies revised and updated sections on privacy free speech and intellectual property.
• Keeps the text up-to-date with discussions on the latest ethical controversies.
• NEW-A focus on policy issues-Features cases on the information infrastructure, open Internet access, and the digital divide.
• Encourages students to view ethical topics and the Internet from this perspective.
• Cases on controversial and current topics-Includes the Microsoft trial; the Napster case; the FBI's Carnivore technology; and the AOL Time Warner merger.
• Enables students to focus on various controversies in information technology ethics, several of which consider highly publicized events and timely disputes.
• A look at different levels of ethical decision-making-Presents a variety of cases including personal dilemmas encountered by computer specialists and young professionals ôboardroomö dilemmas that call for executive decisions and new corporate policies and decision making at the public policy level.
• Provides students with multiple perspectives on the issues of computer and information ethics.
• Action-oriented approach to learning.
• Requires students to develop an action plan within the bounds of ethical probity and social acceptability, and challenges them to consider how their normative conclusions ramify into policy decisions.
• In-depth coverage of information technology ethics-Specifically topics such as free speech, property, and interconnectivity issues that stem from activities such as hyper linking
• Helps students rethink concepts of privacy, intellectual property, ISP liability, and the balance between security and liberty in cyberspace.
• Comprehensive yet concise overview of ethical and policy frameworks-Features a three-step model for case analysis.
• Provides students with conceptual tools that can serve as ôavenuesö or approaches for thinking about the cases.

1. Frameworks for Ethical and Policy Analysis.

2. Free Expression in Cyberspace.

Excerpts from the Children's Internet Protection Act of 2000 (CHIPA). Multnomah Public Library et al. v. U.S. Censorship at New England University. Jake Baker. Encryption Source Code and the First Amendment. CompuServe Deutschland. Veil of Censorship.


3. Intellectual Property Issues I: Software Ownership.

Piracy on the Internet. �It's Never Right to Copy Software.� Whose Program is This? Doric Conversion Technologies, Inc. Software Compatibility and Reverse Engineering.


4. Intellectual Property Issues II: Digital Music, Interconnectivity, and Trespass.

The Napster Case. Ditto.com. Ticketmaster v. Microsoft. Metatags and Search Engine Baiting. Spiders at the Auction.


5. Privacy.

Consumer Privacy. The Lotus Marketplace: Households Product Controversy. Toysmart.com and the Fate of its Customer List. Privacy Pressures: The Use of Web Bugs at HomeConnection. Workplace Privacy. E-Mail Privacy at Johnson & Dresser. The Topper Travel Agency. Privacy and Public Safety. The FBI's Carnivore Technology. Crypto Wars.


6. Security and Cybercrime.

The Disgruntled Consultant. Security Breach at IKON. A Harmless Prank. Interview with a Hacker. The Case of Craig Neidorf. Hacktivism.


7. Liability, Reliability and Safety.

Prodigy Services Co. and Bulletin Board Liability. The Therac-25. NCR's Warehouse Manager. Intel's Pentium Chip Product Controversy. Sun's Server Problems. The Product Manager. Chicago.


8. Fair Competition and Access Issues.

Microsoft Corporation (A): The United States of America v. Microsoft. Microsoft Corporation (B): Windows XP. The AOL Time Warner Merger. AT&T and the City of Portland. Note on the Digital Divide.


Bibliography.
Index.