WEEK 5 ICT ETHICS AND LEGISLATIONS

Expected Learning Outcomes/Specific Objectives:

By the end of this topic, the trainee should be able to:-
 explain the meaning and importance of ICT ethics
 describe unethical behaviour in ICT
 explain reasons for unethical behaviour in ICT
 explain the measures for controlling unethical behaviour in ICT
 outline the ten commandments of computer ethics
 explain the sources of ICT legislations

ETHICS AND PROFESSIONAL ISSUES IN ICT

Definition of terms
1. Ethics refers to a set of principles or rules that determine the rightness or wrongness of particular
acts of ICT usage. ICT Ethics relate to the standards of conduct governing individual,
institution’s societies’ & or international use of information & communication technology.

2. Computer ethics is a system of moral standards or values used as a guideline for computer users.
It is needed to stop the current technology products from being exploited. Ethics is a moral
philosophy where a person makes a specific moral choice and sticks to it. Code of ethics in
computing means moral guidelines to refer to when using the computer and the Internet. It is a
guideline in ICT that help determine whether a specific computer action is ethical or unethical.

3. ICT Policy refers to acceptable guidelines developed by technology user groups to outline their
beliefs, vision, strategies, principles and responsibilities in using Information and
Communication Technology.

Some of the General moral imperative issues addressed in Computer/ICT ethics include:
1. Contribute to society and human well-being: minimize negative consequences of computing
systems including threats to health and safety, ensure that products will be used in socially
responsible ways and be alert and make others aware of potential damage to the environment.

2. Avoid harm to others: this principle prohibits use of computing technology in ways that result in
harm to the users, general public, employees and employers. Harmful actions include intentional
destruction or modification of files and programs leading to serious loss of resources or
unnecessary expenditure of human resources such as the time and effort required to purge
systems of computer viruses.

3. Be honest and trustworthy: the honest computing professional will not make deliberately false
or deceptive claims about a system or system design, but will instead provide full disclosure of
all pertinent system limitations and problems. He has a duty to be honest about his qualifications
and about any circumstance that may lead to a conflict of interest.

4. Be fair and take action not to discriminate: the values of equality, tolerance and respect for others
and the principles of equal justice govern this imperative.

5. Honour property rights including copyrights and patents: violation of copyrights, patents, trade
secrets and the terms of license agreement is prohibited by the law in most circumstances. Even
when software is not so protected, such violations are contrary to professional behaviour. Copies
of software should be made only with proper authorization. Unauthorized duplication of
materials must not be condoned.
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6. Give proper credit for intellectual property: computing professionals are obligated to protect the
integrity of intellectual property. Specifically, one must not take credit for other’s ideas or work,
even in cases where the work has not been explicitly protected by copyright, patent etc.

7. Respect the privacy of others: computing and communication technology enables the collection
and exchange of personal information on a scale unprecedented in the history of civilization.
Thus there is increased potential for violating the privacy of individuals and groups. It is the
responsibility of professionals to maintain the privacy and integrity of data describing
individuals. This includes taking precautions to ensure the accuracy of data, as well as protecting
it from authorized access or accidental disclosure to inappropriate individuals. Furthermore,
procedures must be established to allow individuals to review their records and correct
inaccuracies.

8. Honour confidentiality: the principle of honesty extends to issues of confidentiality of

information whenever one has made an explicit promise to honour confidentiality or, implicitly,
when private information not directly related to the performance of one’s duties become
available. The ethical concern is to respect all obligations of confidentiality to employers, clients,
and users unless discharged from such obligations by requirements of the law or other principles
of this code.

UNETHICAL BEHAVIOUR IN ICT

A. Cyber Crime
The anonymity of the machines makes some crimes easier and creates many new types of crimes.
Stolen and counterfeit ATM cards are used to steal millions of dollars each year throughout the
region.

Other Cyber-crimes include:

 Computer fraud and financial crimes - is the crime of obtaining money by deceiving (to
trick) people through the use of computers such as bank fraud, identity theft, extortion, email
hoaxes, program fraud, investment schemes and claim of expertise on certain fields.
 Copyright infringement - is a violation of the rights secured by a copyright. It occurs when
you break the copyright laws such as copying movie, software or CD’s illegally.
 Computer theft – is defined as the unauthorized use of another person’s property such as
transfer of payment to the wrong accounts, get online material with no cost and tap into the
data transmission lines.
 Computer attack – is defined as any activities taken to disrupt the equipment of computers
systems, change processing controls and corrupt stored data.
 Software piracy – copying and selling other peoples programs
 Obscene or offensive content e.g. sedition, hate speech, blasphemy, pornography, slander
etc.
 Harassment e.g. cyber stalking, cyber bullying
 Hacking - Gaining unauthorized access to computer programs and data.
o Hacker: one who gains unauthorized access, but without doing damage
o Cracker: one who breaks into computer systems for the purpose of doing damage
 Cyber stalking - Using a public telecommunication system to harass another person may be
an offence under the Telecommunications Act 1984.
 Cyber terrorism
 Cyber warfare for example attacks on a nation’s network infrastructure etc.
 Cyber extortion
 Online drug trafficking
 Plagiarism
 Data diddling: modifying data
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  Salami slicing: skimming small amounts of money
 Phreaking: making free long distance calls
 Cloning: cellular phone fraud using scanners
 Carding: stealing credit card numbers online
 Piggybacking: stealing credit card numbers by spying
 Social engineering: tricking employees to gain access
 Dumpster diving: finding private info in garbage cans
 Spoofing: stealing passwords through a false login page

B. Loss of privacy
The contents of electronic communications and databases can provide important and private
information to unauthorized individuals and organizations if they are not securely guarded.
Millions of transactions are transmitted and recorded in databases at banks, hospitals, shopping
complexes, and various organizations, in the public or private sector. Security measures should be
put in place to protect the confidentiality and privacy of such consumer and institution data.

C. Computer abuse
Computer abuse includes Hacking, dissemination of software Worms, software
Viruses, Trojan Horses (program that introduces viruses to computers), etc.

D. Intellectual property theft

ICT Ethical standards aim to control plagiarism, identity fraud, and the use of copyrighted material.
Millions of dollars of software is illegally copied each year all over the world.
This phenomenon has a great impact on the software industry.

E. Freedom of speech and press

ICT related standards aim to control (among other things) hate motivated or indecent communication,
harassment and libel whilst protecting free-speech rights.

F. Professional Ethics
Faulty and useless systems that cause disasters and hardships to users might be built by incompetent
ICT professionals. In dispensing their duties ICT professionals must demonstrate their best practices
and standards as set by professional bodies for quality assurance.

Risks faced by society related to ICT use

i. Errors. Information input into the databases is prone to human and device error. Computer
programs that process the information may contain thousands of errors. These errors can
create wrong and misleading information about individuals and organizations. Information
and program errors might result in financial loss, or even the loss of lives.

ii. Digital Divide. The increasing use of computers has increased the separation of rich and poor,
creating a digital divide between the information “haves” and “have-nots.” The governments
should provide subsidies and programmes such as training address the issue. Demonstrate
their best practices and standards as set by professional bodies for quality assurance.

G. Unemployment
The automation of work has caused creative destruction by eliminating some vocations and rendering
millions of individuals jobless.

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ADDITIONAL UNETHICAL COMPUTER CODE OF CONDUCT/BEHAVIOUR
With the advancement of ICT, it is easy for anyone to retrieve your information from the Internet.
You may not realize that when you fill a form on the Internet, your information may be exposed and
stolen.
Examples of unethical computer code of conduct/behaviour include:
 modifying certain information on the Internet, affecting the accuracy of the information
 selling information to other parties without the owner’s permission
 using information without authorization
 involvement in stealing software (software piracy)
 invasion of privacy

Unethical use of the Internet

The Internet is a vast source of information but it can also be used to peddle pornography, con people
out of money, invade people’s privacy with unwanted advertising, and make it easier for criminals
to organize their activities.

Ethics in general
A guideline is needed to stop the current technology products from being exploited for example
replicating original CDs and selling them as pirated software, this unethical behaviour can be
controlled by the code of conducts.
Unethical refers to any code of conducts that are not conforming to approved standards of social or
professional behaviour.

REASONS FOR UNETHICAL BEHAVIOUR IN ICT

 Sabotage – some perpetrators are not looking for financial gain. They merely want to
cause damage due to dislike of the organization or for self-gratification.
 Poverty
 Unemployment /joblessness
 Idleness
 Laxity and laziness
 Grudge
 Resentment
 Greediness

CONTROL MEASURES FOR COMPUTER CRIME

1. Enact and enforce relevant ICT laws; e.g. cyber laws
2. Burglar proofing
3. Restrict access to computer resource center /computer laboratories
4. Install security surveillance systems e.g. use of CCTV cameras

MEASURES TO CONTROL/FIGHT UNETHICAL USE OF ICT

1. Enacting of cyber laws to regulate the use of cyberspace for instance to deter and punish cyber-
crimes and other unethical use of ICT. Cyber law refers to any laws relating to protecting the
Internet and other online communication technologies.
2. Review existing legal systems to ensure they appropriately criminalize abuses of
telecommunications and computer systems and promote the investigation of high-tech crimes.
3. Development of institutional and national policies to guide use of ICT. These policies include:
 copyright responsibilities
 imposition of censorship rules
 user rights and responsibilities i.e. connecting user’s rights such as freedom of expression
and freedom from persecution and responsibilities

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 NB: Policies protect organizations or companies and its employees from legal actions. If an
employee violates an organization’s policies in handling a client’s data, he/she will be held
personally liable and not the organization.

4. Enhancing regional and international cooperation on information security

5. Cooperation between oversight bodies such as Communications Commission of Kenya e.g. in
sharing incident reports
6. Holding public education seminars related to incident prevention
7. Publish and distribute various types of technological documents to prevent hackings and viruses
8. Development of technologies to prevent incidents.

THE TEN COMMANDMENTS OF COMPUTER ETHICS

The United States Institute of Computer Ethics has come out with the Ten Commandments of
Computer Ethics. These principles consider the effective code of conducts for the proper use of
information technology.

1. You shall not use a computer to harm other people.

2. You shall not interfere with other people's computer work.
3. You shall not snoop around in other people's computer files.
4. You shall not use a computer to steal.
5. You shall not use a computer to bear false witness.
6. You shall not copy or use proprietary software for which you have not paid.
7. You shall not use other people's computer resources without authorization or proper
compensation.
8. You shall not appropriate other people's intellectual output.
9. You shall think about the social consequences of the program you are writing or the system you
are designing.
10. You shall always use a computer in ways that ensure consideration and respect for your fellow
humans.

SOURCES OF ICT LEGISTLATIONS

Legislation is the process of making or enacting laws by a governing body.
 Statutory instruments i.e. acts of parliament
 International treaties
 Regulations and By-Laws
Laws exits to protect Intellectual Property such as software through the use of trademarks, patents
and the copyright law. When a person (or organization) uses protected information without the
owner’s permission, he or she is breaking the law.

The Copyright Act allows for civil and criminal charges to be laid against a person who infringes
copyright. Civil charges mean the copyright owner, or someone on behalf of owners, can sue the
culprit. If found guilty, the person infringing copyright will be fined.