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Ethics of Computing MONT 113G, Spring 2012

Session 37Digital Order

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Issues of Law and Order in ITWe have already seen some areas in which IT introduces some

complexities into creating and enforcing laws. Some of these areas are:• Property rights• Privacy rights• Crime and security

The above areas need laws to establish order.Issues related to IT:

• Current laws are not necessarily the final word.• Enforcement of laws can be complicated.• Design of IT systems can help prevent crimes.• Interests of individuals and nation states may conflict

(e.g. censorship.)

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Types of Online crime

1. New versions of old crimes (committing old crimes using computers).

Examples:

2. Crimes that could not exist without computers.

Examples:

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Morality of Computer Crimes

1. Are crimes committed by computer morally equivalent to the same type of crime committed without computers?

Example: Bank robbery

What differences might make the two versions morally different?

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Morality of New Types of Crime

How do we evaluate new crimes in terms of their morality?

1. Conceptual muddle

2. Analogical reasoning may help.

Example: Phishing

Analogy: What analogy can help establish the appropriate sanction?

Does instrumentation make a difference?

Another example: Botnets

Analogy:

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Features of Internet Crime

The same features apply to internet crime as to internet societies in general:

1. Global, many-to-many scope

May make enforcement challenging.

2. Special Identity conditions

Used by stalkers.

3. Reproducibility

Makes copying credit card information easy.

May help enforcement.

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Hackers

Original Definition:

Computer enthusiasts who spent hours figuring out how to do clever things with new technology.

FOSS movement may have evolved from this community.

Current usage:

Those who gain unauthorized access to computer systems and engage in disruptive, illegal activities.

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Arguments in defense of hacking

1. Information should be free.

2. Hacker break-ins illustrate security problems.

3. Gaining unauthorized access does no harm, and we can learn from it.

4. Hackers keep "Big Brother" at bay.

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Hacktivism

Definition of Hacktivism (from Manion and Goodrum):

Example: Denial of Service attacks on Yahoo, Amazon, CNN, ebay and buy.com in Feb, 2000

Letter criticizing "capitalization of the internet."

Are perpetrators vandals or terrorists, or are they political activists?

Who is subject to attack by hacktivists?

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The Internet and Political Activism

How can the internet by used for political activism?

Examples?

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Penalties for Hacktivism

Currently hacktivist attacks treated like any other hacking:Felony penalties in the U.S.(Non electronic civil disobedience gets much milder sentences).

What should be the penalties for hacktivism?

Are hacktivist attacks on government sites equivalent to cyber-warfare or cyberterrorism?

How should we distinguish between hacktivism and cyberterrorism?