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Social Context Professional Skills in Computer Science Lecture 21: Legal, Social, Ethical and Professional Issues (1) Ullrich Hustadt Department of Computer Science School of Electrical Engineering, Electronics, and Computer Science University of Liverpool Governance What mechanisms are there to adjust cultural, social, and legal constraints in a changing social context? What mechanisms are used to enforce cultural, social, and legal constraints? Security and Privacy How many of your rights and those of others are you willing to sacrifice for your safety? How much privacy are you entitled to? Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 1 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 5 Contents Social Context 1 (Social) Context 2 Ethical Theories Overview Theories Relativism Divine Kantianism Utility Further reading: J. M. Kizza: Ethical and Social Issues in the Information Age. Springer, 2010. Chapters 2 and 3 IT professionals need to have an awareness of these questions and a rough idea what the answers are, possibly for a range of different societies might need to work out the answers to these questions from first principles due to the innovative nature of information technology can affect the answers to these questions due to the disruptive nature of information technology Relevant module learning outcome: Appraise professional, ethical, legal and social issues related to the work of a professional within the IT industry with particular regard to the BCS Codes of Conduct and Practice Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 2 Context Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 6 Morality and Ethics Development and application of information technology happens in a Cultural Social Legal Ethical context Implies that cultural, social, legal, and ethical constraints apply to the development and application of information technology This in turn implies that knowledge of these constraints is necessary Ethics M. J. Quinn: Ethics for the Information Age. Addison Wesley, 2001 Every society has rules of conduct describing what people ought and ought not to do in various situations. We call these rules morality. Ethics is the philosophical study of morality, a rational examination into peoples moral beliefs and behaviour. Information technology can also change the cultural, social, legal, and ethical constraints that apply! Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 3 Social Context Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 7 Ethics and Society Ownership What can you own? Things, Rights, Ideas? Can you fully or partially transfer ownership? How? To whom? When? With what restrictions? What rights, responsibilities, and liabilities does ownership carry? Participation What rights to participate in society does an individual have? What rights, responsibilities, and liabilities come with participating in or being part of a society? Employment What contractual arrangements are allowed? What rights, responsibilities, and liabilities do employers and employees have? Margaret Thatcher, Transcript of an interview for Women s Own magazine, 31 October 1987 I think we ve been through a period where too many people have been given to understand that if they have a problem, it s the government s job to cope with it. I have a problem, I ll get a grant. I m homeless, the government must house me. They re casting their problem on society. And, you know, there is no such thing as society. There are individual men and women, and there are families. If there is no society then are there no rules? If there are still rules then where do they come from? Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 4 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 8

Morality and Ethics It is a commonly held belief that actions can be classified into right or wrong Is also a commonly held belief that there are rules which tell you in advance whether an action is right or wrong These rules are called morality Ethics is the philosophical study of morality, a rational examination into peoples moral beliefs and behaviour. Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 9 Key Ethical Theories Ten Commandments Thou shalt not kill Combined with Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image. seems to require an endless series of killings Solution: Distinguish between lawful killing and unlawful killing Thou shalt not murder Problem: Who decides what is lawful and what is unlawful? Thou shalt not steal Problem: Is it possible to steal immaterial things like MP3 files or personal data? The commandments need to be refined and interpreted by someone (the church would argue that this is a feature, not a bug) Possibility 1: You yourself do it subjective relativism Possibility 2: Some authority does it authoritative regime Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 13 Unix Users Group Ten Commandments 1 Subjective relativism 2 Cultural relativism 3 Divine command 4 Kantianism 5 Act utilitarianism 6 Rule utilitarianism 7 Social contract theory And lo did Unix speak these words upon the reboot: 1 Thou shalt use no other operating system than Unix. 2 Thou shalt not make unto thee a false operating system. Thou shalt not program them for I am the Unix and a jealous O/S. 3 Thou shalt not take the mark of trade of Unix in vain, or thou shalt be sued. 4 Remember thy password, and keep it secret. 5 Honour thy parent shell, for if it should die, thou shalt not live long (unless thou hast dissociated thyself). Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 10 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 14 Relativism Unix Users Group Ten Commandments Maintains that there are no universal moral norms of right or wrong Subjective relativism holds that each individual decides what is right and what is wrong Impossible to argue about morality makes interactions between individuals difficult Cultural relativism holds that each society/culture decides what is right and what is wrong How exactly does a society or culture decide morality? makes interaction between socities/cultures difficult And lo did Unix speak these words upon the reboot: 6 Thou shalt not kill(l) -9 any process, for surely they shalt becometh zombies or defunct. 7 Thou shalt not commit hacking, else thou shalt eat quiche. 8 Thou shalt not use other users data, for thou shalt be referred to the Data Protection Act, 1984, and sued (again). 9 Thou shalt not create Trojan horses, worms, viruses, or other foul beasts of false programming. 10 Thou shalt not rm -rf thy neighbour s $HOME, nor covet his disk space allocation, nor his workstation account Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 11 Divine Command Morality emerges as behaviour in line with the will of God In the context of cultural relativism explains where morality comes from An all-seeing, all-knowing God that punishes immoral behaviour with eternal damnation provides an excellent incentive to be moral How exactly do we get to know God s will? Makes it difficult to argue about morality makes interaction between religions difficult Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 15 Kantianism (1) Based on the work of Immanuel Kant (1724 1804) Personal morality ought to be guided by principles which are universal He formulated the following categorical imperative: Act only according to that maxim by which you can, at the same time, will that it would become a universal law. Called categorical imperative because it is an absolute, unconditional requirement that exerts its authority in all circumstances, and it is a command (commandment), not a suggestion or guideline Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 12 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 16

Kantianism (2) Kant divides the duties imposed by this formulation into two subsets: Perfect duty: Do not act by maxims that result in logical contradictions when we attempt to universalise them. I should be allowed to lie from time to time Universalised: Everyone is allowed to lie whenever they want to destroys the meaningfulness of language The law Everyone is allowed to lie whenever they want to fails the contradiction in conception test (this law cannot even be thought as a universal law) Therefore, we have the perfect duty never to lie Kantianism and The Murderer at the Door K, a friend of yours, comes to your flat She is explains that she is pursued by M who wants to murder her She asks whether she can hide in your flat You agree because it is your imperfect duty to help her Now M turns up at your flat M tells you that he is intending to kill K and asks whether K is hiding in your flat Question: Should you give a truthful answer or should you lie? Answer: It is your perfect duty to tell the truth it is not the consequences that count but your good will Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 17 Kantianism (3) Kant divides the duties imposed by this formulation into two subsets: Imperfect duty: Act only by maxims that we would desire to be universalised. I will not help others Universalised: Nobody helps anyone no one will ever achieve anything that requires someone else s help The law Nobody helps anyone fails the contradiction in willing test (this law can be thought but cannot be willed as a universal law) There, we have the imperfect duty to help others Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 18 Kantianism (4) The distinction between perfect duties and imperfect duties is important when having to resolve conflicts between various duties 1 Perfect duties never conflict the duty not to murder and the duty not to lie never conflict 2 If a perfect duty conflicts with an imperfect duty, then one must fulfil the perfect duty if the duty to help others and the duty not to lie conflict, then one must not lie, and hence, not help others 3 If an imperfect duty conflicts with another imperfect duty (and neither conflicts with any perfect duty), one may choose between them if the duty to help others and the duty to develop your talents conflict, then you can choose between them Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 19 Kantianism and MP3 files Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 21 Kantianism: Pros and Cons Rational Produces universal moral guidelines All people are treated as moral equals and minorities are protected Cons: That perfect duties always trump imperfect duties does not always produce results that appear acceptable Example 1: You should not steal! You should feed your children! You should not steal to feed your children? (perfect duty) (imperfect duty) Example 2: You should not lie! (perfect duty) You should help others! (imperfect duty) You should not help others if you have to lie to do so? No exceptions to moral laws Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 22 Utilitarianism (1) Due to Jeremy Bentham (1748 1832) and John Stuart Mill (1806 1873) Principle of utility: The greatest good (happiness) for the greatest number should be the aim of personal and social morality We can distinguish Act utilitarianism An action is good if its net effect, over all those affected, is likely to produce more happiness than unhappiness Rule utilitarianism Those moral rules should be adopted that if followed by everyone will lead to the greatest increase in total happiness Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 23 Utilitarianism versus Kantianism (1) Question: According to Kantianism, should you copy commercial MP3 files without paying for them? Universalised: Everyone copies commercial MP3 files without paying for them There would be no point for commercial MP3 files to exist, since nobody pays for them You obviously cannot copy what does not exist Thus the law under consideration fails the contradiction in conception test Therefore, we have the perfect duty never to copy commercial MP3 files Utilitarianism easily deals with the cases that were problematic for Kantianism: Example 1: You should not steal! You should feed your children! You should not steal to feed your children? The people you steal from will be unhappier But your children will be much happier So, the net happiness is positive Therefore, you should steal to feed your children Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 20 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 24

Utilitarianism versus Kantianism (2) Utilitarianism easily deals with the cases that were problematic for Kantianism: Example 2: You should not lie! You should help others! You should not help others if you have to lie to do so? The people you lie to will be unhappier (assuming they find out) The people you help will be happier As long as the net happiness is positive, you are allowed to lie Utilitarianism (5) Question: Are there any actions that are always wrong? Answer: No The sight of beggars makes people unhappy Therefore, we should lock beggars away in workhouses The beggars will be less happy but all others will be happier (the net happiness effect is positive) To speed up the process, a bounty should be paid to ordinary citizen for each beggar they bring to a workhouse Once we have dealt with all the beggars we should move on to other members of society that offend our sensibilities Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 25 Utilitarianism (2) Minorities and individuals have no protection under utilitarianism Torture, murder, and even mass murder are easily justifiable Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 29 Utilitarianism versus Kantianism (3) Question: What is happiness and what causes it? Answer: Nobody knows Research indicates that personal happiness correlates positively with Pleasure Engagement Relationships Meaning Accomplishments However, personal happiness is also influenced by stimulants genetics expectations happiness = reality - expectations Regarding total happiness, everyone s personal happiness has equal weight Consider the following two examples: 1 There is an overly crowded lifeboat with ten people and unless at least one person is sacrificed all ten people might/will be lost Is it ethically justified to sacrifice one of the ten people? 2 Human activities cause climate change that might/will kill all 7 billion humans and it could be stopped by killing the population of the US and the EU (about 10% of the world population) Is it ethically justified to do so? According to Kantianism we have the perfect duty not to murder anyone the answer to both questions is negative According to Utilitarianism net happiness increases if we sacrifice 10% of the population the answer to both questions is positive Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 26 Utilitarianism (3) Question: Are only people affected? Answer: No, anyone or anything that can be happy or unhappy Small children and animals can be happy or unhappy So, small children but also animals should be included when considering the effects of actions / rules on total happiness Consequences: Animals should not be made to suffer needlessly But animals can be killed for consumption or for medical experiments Animals could also be made to suffer if sufficiently many people derive happiness from it (e.g. dog fights or fox hunting) Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 30 Utilitarianism and MP3 files Question: According to Utilitarianism, should you copy commercial MP3 files without paying for them? Note: This is different from asking whether as a rule copying commercial MP3 files should be allowed Not having to pay obviously makes you happier Whether the owner of a commercial MP3 file is unhappier depends on whether your act of copying has displaced a sale of the file whether your act of copying may have positive side effects that allow the owner to earn money Thus, to answer the question we have to work out what its effect on the music industry is Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 27 Utilitarianism (4) Question: What length of time following an action should one take into account when calculating total or net happiness? Answer: One should try to account for all future changes in happiness that depend on that action Each individual knows best what is in their own best interest and makes them happy However, an individual must first be sufficiently educated and knowledgeable to appreciate their real interests Therefore, children need to go to school whether they want to or not Justifies short term pain for long term gain Might mean that we should take the happiness of future generations into account Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 28 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 31 Utilitarianism: Pros and Cons Can be applied to acts as well as rules Produces universal moral guidelines Easy to understand Cons: How do you define happiness? What if we cannot agree on a definition? How do we measure total happiness over every subject able to be happy and over an in future? Act utilitarianism is difficult if big numbers are involved Is an unequal distribution of happiness fair? Remark: I do what is best for me is not utilitarianism! Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 32

Golden rule Do unto others as you would have them do unto you We should not treat others better or worse than we ourselves would like to be treated A company selling software should not use unlicensed software The perfect ethical theory A perfect ethical theory would tell us once and for all how we ought to behave in all conceivable situations in a way that intuitively appears to be morally right Neither Utilitarianism nor Kantianism nor any of the other ethical principles are perfect ethical theories The perfect ethical theory will have to combine elements of both Utilitarianism and Kantianism as well as some elements of other ethical principles But so far nobody has been able to devise such a perfect ethical theory Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 33 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 37 Morality in the absence of a perfect ethical theory Slippery-slope rule If an action cannot be taken repeatedly, it is not right to take it at all An action may bring about a small change now that is acceptable, but if it is repeated, it would bring unacceptable changes in the long run Such an action should then not be taken at all Moral behaviour is still something to strive for Moral behaviour is something we can and should argue about What existing ethical theories like Kantianism and Utilitarism provide are frameworks and reference points for such arguments Legalising cannabis might sound acceptable, but it may lead to increased use of more harmful drugs which is not acceptable Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 34 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 38 Ethics, Morality and Computing Risk aversion principle Take the action that produces the least harm or the least potential cost Some actions have extremely high failure costs of very low probability or extremely high failure costs of moderate probability Try to identify such high-failure-cost actions and avoid them Building a nuclear plant on the coast in an earth quake zone Now I am become Death, the destroyer of worlds. Creating tools, whether it is the atomic bomb or a software system, has moral implications It s only a tool, I m not responsible for how it is used is not true As a computing professional you have the almost unique potential to create software systems and businesses that deeply affect society Examples: Amazon, Facebook, Google, IBM, Twitter, YouTube As a computing professional you are obliged to consider and assess the moral implications of the software systems you create and the actions that you take Beware the argument On balance I believe I have done more good than harm Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 35 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 39 Case study No free lunch rule Assume that virtually all tangible and intangible objects are owned by someone else unless there is a specific declaration otherwise If something someone else has created is useful to you, it has value, and you should assume the creator wants compensation for this work Texts, pictures, video, sound recordings found on the web should all be assumed to be owned by someone You are the owner of a private company that provides an e-mail service (both free and paid) You promise your customers significant privacy protection for their e-mail via the use of asymmetric encryption You are contacted by a government agency (of the country your company is registered in) that asks you to circumvent the encryption of all users allowing the agency access to arbitrary e-mails stored on your servers forbids you to tell anyone, including your customer, that this request has been made and what the consequences are Both these requests are within the law of the country Do you comply with the request or do you shutdown your service? Is the answer different for a public company? Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 36 Ullrich Hustadt COMP110 Professional Skills in Computer Science L21 40