Teaching the Ethics of Information and Information Technology Emily Miller-Francisco Southern Oregon University Online Northwest January 21, 2005 

Introduction Goals for this presentation 3 Scenarios 1 Caveat

Introduction ACRL Information Literacy Standards Standard One: Determine the extent of information needed Standard Two: Access the needed information effectively and efficiently Standard Three: Evaluate information and its sources critically Standard Four: Incorporate selected information into one’s knowledge base Standard Five: Use information effectively to accomplish a specific purpose Standard Six: Understand the economic, legal, and social issues surrounding the use of information, and access and use information ethically and legally

Introduction Goals for the Course Demonstrate an understanding of major issues in information ethics such as free speech, copyright, and privacy. Demonstrate an understanding of how technology impacts each of these issues. Demonstrate an understanding of a variety of ethical approaches and how they can be utilized to discuss information ethics issues. Demonstrate an understanding of the legal context within which debate about information issues takes place.

Introduction Ethical Frameworks Utilitarian Ethics Duty/Deontological Ethics Virtue Ethics

Free Speech and Censorship First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Free Speech and Censorship Types of censorship: Sexual Religious Political Social Violence Etc.

Free Speech and Censorship Different levels of protection: Print Broadcast media Common carriers

Free Speech and Censorship Legal limits to free speech: Defamation Obscenity Fighting Words Gag rules Security Issues Etc.

Free Speech and Censorship Legal History of Internet Filtering: Communications Decency Act (1996) (struck down in 1997) Child Online Protection Act (1998) (remanded twice by the Supreme Court) Children’s Internet Protection Act (2000) (upheld in 2003)

Free Speech and Censorship Is there such a thing as free speech? And is it a good thing?

Intellectual Property Types of Protection: Copyright: Fixed expression Patents: Inventions & processes Trademarks: Logos, designs, etc. that point to a company Trade secrets, publicity, etc. 

Intellectual Property Copyright History: Printing Press (1400s) Statute of Anne (1710) U.S. Constitution Copyright Acts of 1790, 1909, and 1976 Sonny Bono Extension Act (1998)

Intellectual Property Balancing copyright: Fair Use –Purpose/character of the use –Nature of the original work –Amount borrowed in relation to the whole –Effect on market value Public Domain –Waited 14 years (+14 years renewable) in 1790 –Now wait for the life of the author + 70 years

Intellectual Property Impact of Technology: Boundary confusion (e.g. software: patent or copyright?) New kinds of copyright (e.g. Tasini v. New York Times) New ability to control (e.g. digital rights management and licensing) New participants (e.g. Napster) New attempts to respond: Digital Millennium Copyright Act (1998)

Intellectual Property Impact of Technology & the Quest for Balance: Open Source movement oCopyleft and the GNU Project (Richard Stallman) o“The Cathedral and the Bazaar” by Eric Raymond oLinux Other responses to copyright oThe Future of Ideas by Lawrence Lessig o“The Economy of Ideas” by John Perry Barlow Creative Commons at

Intellectual Property Plagiarism: Ideas versus their Expression Ethics versus law Our little incident(s)

Privacy Defining: Freedom from intrusion Control of information about yourself Freedom from surveillance Definition from Sara Baase

Privacy History: “Right to Privacy” (1890) by Warren & Brandeis Watkins v. U.S. (1957): government can’t expose private affairs without justification

Privacy History: Griswold v. Connecticut (1965): Right to use contraceptives Justice Douglas: Privacy is a right that can be derived from the “penumbras and emanations” of the Bill of Rights: –  free speech – no soldiers in the house –  no unreasonable searches & seizures – right against self-incrimination –  the rights listed in the Constitution aren’t the only rights Led to other cases like Roe v. Wade (1973) & Lawrence v. Texas (2003)

Privacy History: Katz v. U.S. (1967): –requires government to have a warrant to perform wiretapping –people can have a “reasonable expectation of privacy” even in public places Now: USA Patriot Act (2001) –expands the Foreign Intelligence Surveillance Act of 1978 and allows wiretapping for domestic crimes as long as the information is relevant to the investigation

Privacy Also statutory law: e.g. Privacy Act (1974): Gives a citizen the right to review & amend their government records and to sue for violations of that right

Privacy Impact of technology: Marketing: Consumer online privacy, datamining, spam, etc. Surveillance issues (online and off) Health/Genetic privacy

Privacy & Security Impact of technology: Hackers and viruses Cyberstalking Cyberterrorism

Conclusion

Teaching the Ethics of Information and Information Technology Emily Miller-Francisco Southern Oregon University Online Northwest January 21,