Section A
Q1
Several justifications can be advanced for workplace monitoring
packages. For one, the employer is able to monitor the productivity of
employees. Monitoring also helps in investigations regarding complaints such as
harassment and discrimination. The employer is also able to prevent forms of
industrial espionage like theft of proprietary information by employees.
Potential litigation over privacy violations is one of the issues that
should be considered in developing a policy. Employees have on occasion gone to
court to claim that their privacy has been violated by employers. Courts have,
however, ruled that employees do not have expectations of privacy when using
computer networks of their employers. Trust is also another concern that must
be taken into account when developing the policy. Whatever comes out of the
process must not interfere with the trust between the employer and employees.
Key features that should appear in the monitoring code should include
the monitoring of proprietary assets. An element of this should clearly
indicate to all employees that company assets are for business and all
information created by those assets are subject to monitoring. The code should
also contain a statement establishing no expectation of privacy on the part of
employees.
Q2
a).
Deontology differs from consequential ethics in the manner in which it
determines what amounts for moral consideration. It holds that there are other
morally relevant considerations besides the production of good. Unlike
consequentialism, deontologists place constraints on what one can do and those
constraints are not to be disregarded under any circumstances. In addition, the
two theories differ on how duties of special relationships should be treated
when an agent is faced with the option that requires doing good. Deontology
insists that duties owed in an existing relationship should never be shirked
for the sake of producing good.
The practice of hacking is a clear example of how ethics these two
approaches apply in information security. By developing rules regarding what is
right and what is wrong, the information security aspect of information systems
are applying deontological ethics. In contrast, hackers approach the same issue
by considering the consequences of what they do. For instance, they argue that
hacking makes the society better by providing information that should have been
freely available. This is clearly a consequentialist approach to information
security ethics.
The advantage of deontology stems from the ease with which it can be
applied. One need not engage in any difficult calculations as to the benefits
provided the rules that govern the appropriate action are established. That
problem is much present in consequentialism. Deontology can, however, be
faulted on the ground that it fosters rigidity.
b).
It is true that the myth has perpetuated a situation where people do not
what to engage in ethical discussions in matters concerning computers and
technology. This tendency is fostered by a belief that computers should not be
the subject of moral discussions given that they are no humans. It is a trend
visible in the day to day lives of computing. For instance, a bank will not feel
obliged to offer details when some of their teller machines are not functioning
and customers are experiencing delays. Instead, most banks would simply say
that their network is down without taking responsibility for that problem.
Section B
Q3
It is indeed the case that many of the so called atypical workers in the
U.K and the EU do not enjoy sufficient protection under the law. For example,
the U.K common law doctrine makes a distinction between an employee and an
independent contractor with the latter category not entitled to any of the
benefits enjoyed by their former counterparts. Even the U.K law on negligence
leaves the atypical worker personally liable for negligence that occurs when
performing the work for the employer. The situation is not much different in
other parts of the EU. For example, work contracts in Austria tend to contain
flexibility clauses with workers under those contracts not entitled to payment
for overtime work. The situation is somehow different in Belgium with the law
requiring equal payment for all categories of workers.
Q5
Spyware collects information from computers without the owning knowing about.
From a Kantian view of ethics, the actions of people are ethical or good only
if they are done out of good will. It is, therefore, unethical for a company to
author spyware and develop hardware for marketing purposes. Using spyware to
get information from people is definitely not consistent with getting that
information from a free willed individual. Using spyware to get information
from people is also contrary to the Kantian view that people should have their
intrinsic value respected. On the other hand, there is nothing unethical by
forcing preventative measures to counter the levels of intrusiveness. Users of
the internet have the autonomy over their personhood and they are entitled to
select the people that get information about them.
Q6
Guidelines on ethical conduct should often compliment legislation as a
tool for enabling decision making among professionals in Information Systems. Legislations
are enacted to deal with social necessity. The need to enact any single
legislation is, therefore, a reaction to an identified social problem. This reactionary nature of legislation means
that there will never be enough laws to deal with all the conceivable social
problems. A code of ethics becomes very useful in filling the gaps left by legislation.
The British Computer Society (BCS) code of conduct provides at the introduction
that it is the expectation that the rules will provide higher standards that
those of general laws. Legislation is just part of those general laws as there
is no specific legislation that governs the practice of BCS members. In the
area of cybercrime, the relevant U.K legislation is the Computer Misuse Act of
1990. This legislation does not, however, deal with all computer related
offences making the code of conduct a very useful complement.
Reference
George, R.T.D. (2003).Foundations of Business Ethics: Ethics and Information Technology. Malden, MA: Blackwell Publishing.
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