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ETHICS and TECHNOLOGY Controversies, Questions, and Strategies for Ethical Computing FFIRS3GXML 10/20/2012 0:58:24 Page 4 FFIRS3GXML 10/20/2012 0:58:24 Page 1 FOURTH᭢ EDITION ETHICS AND TECHNOLOGY Controversies, Questions, and Strategies for Ethical Computing HERMAN T. TAVANI Rivier University FFIRS3GXML 10/20/2012 0:58:24 Page 2 VP & Executive Publisher: Donald Fowley Executive Editor: Beth Lang Golub Editorial Assistant: Katherine Willis Marketing Manager: Chris Ruel Marketing Assistant: Marissa Carroll Associate Production Manager: Joyce Poh Production Editor: Jolene Ling Designer: Kenji Ngieng Cover Photo Credit: Bernhard Lang/Getty Images, Inc. Production Management Services: Thomson Digital This book was set in 10/12 TimesTenLTStd-Roman by Thomson Digital, and printed and bound by Edwards Brothers Malloy. The cover was printed by Edwards Brothers Malloy. This book is printed on acid free paper. Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical conduct within our business and among our vendors, and community and charitable support. For more information, please visit our website: www.wiley.com/go/citizenship. Copyright # 2013, 2011, 2007, 2004 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030- 5774, (201)748-6011, fax (201)748-6008, website http://www.wiley.com/go/permissions. Evaluation copies are provided to qualified academics and professionals for review purposes only, for use in their courses during the next academic year. These copies are licensed and may not be sold or transferred to a third party. Upon completion of the review period, please return the evaluation copy to Wiley. Return instructions and a free of charge return mailing label are available at www.wiley.com/go/returnlabel. If you have chosen to adopt this textbook for use in your course, please accept this book as your complimentary desk copy. Outside of the United States, please contact your local sales representative. Library of Congress Cataloging-in-Publication Data Tavani, Herman T. Ethics and technology : controversies, questions, and strategies for ethical computing / Herman T. Tavani, Rivier University—Fourth edition. pages cm Includes bibliographical references and index. ISBN 978-1-118-28172-7 (pbk.) 1. Computer networks—Moral and ethical aspects. I. Title. TK5105.5.T385 2013 175—dc23 2012028589 Printed in the United States of America 10987654321 FFIRS3GXML 10/20/2012 0:58:24 Page 3 In memory of my grandparents, Leon and Marian (Roberts) Hutton, and Antonio and Clelia (Giamberardino) Tavani FFIRS3GXML 10/20/2012 0:58:24 Page 4 FTOC3GXML 10/20/2012 1:3:1 Page 5 ᭢ CONTENTS AT A GLANCE PREFACE xvii ACKNOWLEDGMENTS xxvii FOREWORD xxix CHAPTER 1. INTRODUCTION TO CYBERETHICS: CONCEPTS, PERSPECTIVES, AND METHODOLOGICAL FRAMEWORKS 1 CHAPTER 2. ETHICAL CONCEPTS AND ETHICAL THEORIES: ESTABLISHING AND JUSTIFYING A MORAL SYSTEM 33 CHAPTER 3. CRITICAL REASONING SKILLS FOR EVALUATING DISPUTES IN CYBERETHICS 74 CHAPTER 4. PROFESSIONAL ETHICS, CODES OF CONDUCT, AND MORAL RESPONSIBILITY 101 CHAPTER 5. PRIVACY AND CYBERSPACE 131 CHAPTER 6. SECURITY IN CYBERSPACE 174 CHAPTER 7. CYBERCRIME AND CYBER-RELATED CRIMES 201 CHAPTER 8. INTELLECTUAL PROPERTY DISPUTES IN CYBERSPACE 230 CHAPTER 9. REGULATING COMMERCE AND SPEECH IN CYBERSPACE 269 CHAPTER 10. THE DIGITAL DIVIDE, DEMOCRACY, AND WORK 303 CHAPTER 11. ONLINE COMMUNITIES, CYBER IDENTITIES, AND SOCIAL NETWORKS 337 CHAPTER 12. ETHICAL ASPECTS OF EMERGING AND CONVERGING TECHNOLOGIES 368 GLOSSARY 411 INDEX 417 v FTOC3GXML 10/20/2012 1:3:1 Page 6 FTOC3GXML 10/20/2012 1:3:1 Page 7 ᭢ TABLE OF CONTENTS PREFACE xvii New to the Fourth Edition xviii Audience and Scope xix Organization and Structure of the Book xxi The Web Site for Ethics and Technology xxiii A Note to Students xxiv Note to Instructors: A Roadmap for Using This Book xxiv A Note to Computer Science Instructors xxv ACKNOWLEDGMENTS xxvii FOREWORD xxix c CHAPTER 1 INTRODUCTION TO CYBERETHICS: CONCEPTS, PERSPECTIVES, AND METHODOLOGICAL FRAMEWORKS 1 Scenario 1–1: A Fatal Cyberbullying Incident on MySpace 1 Scenario 1–2: Contesting the Ownership of a Twitter Account 2 Scenario 1–3: “The Washingtonienne” Blogger 2 1.1 Defining Key Terms: Cyberethics and Cybertechnology 3 1.1.1 What Is Cybertechnology? 4 1.1.2 Why the Term Cyberethics? 5 1.2 The Cyberethics Evolution: Four Developmental Phases in Cybertechnology 6 1.3 Are Cyberethics Issues Unique Ethical Issues? 9 Scenario 1–4: Developing the Code for a Computerized Weapon System 10 Scenario 1–5: Digital Piracy 11 1.3.1 Distinguishing between Unique Technological Features and Unique Ethical Issues 11 1.3.2 An Alternative Strategy for Analyzing the Debate about the Uniqueness of Cyberethics Issues 12 1.3.3 A Policy Vacuum in Duplicating Computer Software 13 1.4 Cyberethics as a Branch of Applied Ethics: Three Distinct Perspectives 14 1.4.1 Perspective #1: Cyberethics as a Field of Professional Ethics 15 1.4.2 Perspective #2: Cyberethics as a Field of Philosophical Ethics 18 1.4.3 Perspective #3: Cyberethics as a Field of Sociological/Descriptive Ethics 21 Scenario 1–6: The Impact of Technology X on the Pleasantville Community 21 1.5 A Comprehensive Cyberethics Methodology 24 1.5.1 A “Disclosive” Method for Cyberethics 25 1.5.2 An Interdisciplinary and Multilevel Method for Analyzing Cyberethics Issues 26 1.6 A Comprehensive Strategy for Approaching Cyberethics Issues 27 1.7 Chapter Summary 28 vii FTOC3GXML 10/20/2012 1:3:1 Page 8 viii c Table of Contents Review Questions 28 Discussion Questions 29 Essay/Presentation Questions 29 Scenarios for Analysis 29 Endnotes 30 References 31 Further Readings 32 Online Resources 32 c CHAPTER 2 ETHICAL CONCEPTS AND ETHICAL THEORIES: ESTABLISHING AND JUSTIFYING A MORAL SYSTEM 33 2.1 Ethics and Morality 33 Scenario 2–1: The “Runaway Trolley”: A Classic Moral Dilemma 34 2.1.1 What Is Morality? 35 2.1.2 Deriving and Justifying the Rules and Principles of a Moral System 38 2.2 Discussion Stoppers as Roadblocks to Moral Discourse 42 2.2.1 Discussion Stopper #1: People Disagree on Solutions to Moral Issues 43 2.2.2 Discussion Stopper #2: Who Am I to Judge Others? 45 2.2.3 Discussion Stopper #3: Morality Is Simply a Private Matter 47 2.2.4 Discussion Stopper #4: Morality Is Simply a Matter for Individual Cultures to Decide 48 Scenario 2–2: The Perils of Moral Relativism 49 2.3 Why Do We Need Ethical Theories? 52 2.4 Consequence-Based Ethical Theories 53 2.4.1 Act Utilitarianism 55 Scenario 2–3: A Controversial Policy in Newmerica 55 2.4.2 Rule Utilitarianism 55 2.5 Duty-Based Ethical Theories 56 2.5.1 Rule Deontology 57 Scenario 2–4: Making an Exception for Oneself 58 2.5.2 Act Deontology 59 Scenario 2–5: A Dilemma Involving Conflicting Duties 60 2.6 Contract-Based Ethical Theories 61 2.6.1 Some Criticisms of Contract-Based Theories 62 2.6.2 Rights-Based Contract Theories 63 2.7 Character-Based Ethical Theories 64 2.7.1 Being a Moral Person vs. Following Moral Rules 64 2.7.2 Acquiring the “Correct” Habits 65 2.8 Integrating Aspects of Classical Ethical Theories into a Single Comprehensive Theory 66 2.8.1 Moor’s Just-Consequentialist Theory and Its Application to Cybertechnology 67 2.8.2 Key Elements in Moor’s Just-Consequentialist Framework 69 2.9 Chapter Summary 70 Review Questions 70 Discussion Questions 71 Essay/Presentation Questions 71 Scenarios for Analysis 72 Endnotes 72 FTOC3GXML 10/20/2012 1:3:2 Page 9 Table of Contents b ix References 73 Further Readings 73 c CHAPTER 3 CRITICAL REASONING SKILLS FOR EVALUATING DISPUTES IN CYBERETHICS 74 3.1 Getting Started 74 Scenario 3–1: Reasoning About Whether to Download a File from “Sharester” 75 3.1.1 Defining Two Key Terms in Critical Reasoning: Claims and Arguments 75 3.1.2 The Role of Arguments in Defending Claims 76 3.1.3 The Basic Structure of an Argument 76 3.2 Constructing an Argument 78 3.3 Valid Arguments 80 3.4 Sound Arguments 83 3.5 Invalid Arguments 85 3.6 Inductive Arguments 86 3.7 Fallacious Arguments 87 3.8 A Seven-Step Strategy for Evaluating Arguments 89 3.9 Identifying Some Common Fallacies 91 3.9.1 Ad Hominem Argument 92 3.9.2 Slippery Slope Argument 92 3.9.3 Fallacy of Appeal to Authority 93 3.9.4 False Cause Fallacy 93 3.9.5 Begging the Question 94 3.9.6 Fallacy of Composition/Fallacy of Division 94 3.9.7 Fallacy of Ambiguity/Equivocation 95 3.9.8 Appeal to the People (Argumentum ad Populum) 95 3.9.9 The Many/Any Fallacy 96 3.9.10 The Virtuality Fallacy 97 3.10 Chapter Summary 98 Review Questions 98 Discussion
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