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OK, the committee says, we should have a code of computer
usage. Maybe it will do some good. Certainly it can do no harm. But what
should be in it? What topics? And what should be said about those topics?
Reasonably, the members of the committee start by
looking at codes from other schools. They do a literature search, of sorts.
In all, they look at 38 codes. They have some help. Many codes have been
collected together and are now made available by an EDUCOM committee (EDUCOM
Review, Winter 1990, p 63). The codes are from universities and colleges
of all shapes and sizes, most from the US but even a few from abroad.
Of course they find great differences among the codes. Some are very brief
and not detailed. Others are lengthy and specific. And they find substantial
variation in content. (See Figure 1.)
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Figure 1. Topics in College
Computer Ethics Codes
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Topic |
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Codes in which topic is discussed
|
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Disciplinary
action resulting from code violation |
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30/38 |
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(79%) |
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Respect for the property and privacy rights of other
users
|
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27/38 |
|
(71%) |
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Respect for software
license agreements, copyright and patent laws |
|
25/38 |
|
(66%) |
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Encroaching
on other user’s fair use of system resources |
|
23/38 |
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(61%) |
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Harassing or annoying other users
|
|
22/38 |
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(58%) |
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Use of system
or its parts only for authorized purpose |
|
22/38 |
|
(58%) |
|
Unauthorized
lending of accounts, User-IDs, passwords |
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18/38 |
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(47%) |
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Degrading system
performance |
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16/38 |
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(42%) |
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Use of system
or its parts only by authorized users |
|
13/38 |
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(34%) |
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Exhaustiveness
of code |
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12/38 |
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(32%) |
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Computer-assisted plagiarism |
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11/38 |
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(29%) |
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Unauthorized
modification of system (software and hardware) |
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9/38 |
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(24%) |
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Where to go
for clarification of code provisions |
|
7/38 |
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(18%) |
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Criminal code
provisions |
|
7/38 |
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(18%) |
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Underlying commonsense
ethical principles |
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6/38 |
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(16%) |
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Circumventing
accounting procedures |
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6/38 |
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(16%) |
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Exploiting loopholes
in system security |
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5/38 |
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(13%) |
Most codes, but not all, say that disciplinary action will
result from a violation. Disciplinary action varies with the severity
of the computer misuse. Sometimes it includes dismissal from the university.
Often possible criminal prosecution, where code violations also break
the law, is mentioned as well. Most encourage respect for the privacy
and property rights of other users of the campus system. They also have
something to say about what those rights are. The right to privacy, at
least in this context, is typically thought of as the right not to have
your files or communications examined by others without consent. Property
rights include rights that others not take or alter your files, for example
your program or data files, without your consent. Sometimes it is pointed
out that lack of certain kinds of read – or write – or copy-protection
on files does not mean a user has consented to others reading, changing,
or taking the files, any more than an open door signifies consent to enter
an office or borrow or fiddle with any of its contents. Many codes also
explicitly say something about respect for software licensing agreements
and copyrights. Often they quote big chunks of the EDUCOM resolution on
intellectual property rights. Some, along with the encouragement of respect
for the property rights of other users and software vendors, inveigh against
computer-assisted plagiarism.
About 2/3 of the codes the committee looks at say
something about using campus computing facilities in a way that acknowledges
other users’ needs for perhaps scarce, certainly finite, facility
resources. Some, for example, talk about playing games on student cluster
microcomputers, workstations, or terminals that are provided for doing
homework assignments. Most talk about not misusing printing services to
make unnecessary copies or misusing disk or other storage to save useless
files. The codes often also discourage harassing or annoying these other
users by, for example, sending them electronic mail of a kind they find
objectionable or pestering them in clusters.
Most codes also have something to say, in various ways, about authorized
or permitted use of school computers. In general, of course, they insist
that only members of the campus community or authorized others are permitted
to use its computing facilities, just like the gymnasium or library. Students
who have dropped courses which gave them accounts, for example, may no
longer be authorized to use the computing system or particular parts of
it. Sometimes certain machines can only be used for certain purposes or
by certain groups. They may be machines purchased on a grant for a research
project, and so not for general use. More often than not, it is said that
university or college computing facilities cannot be used for commercial
purposes, and can be used for outside work, consulting and research, for
example, only with special permission. Many codes prohibit unauthorized
alteration of school-owned software and hardware. Many forbid activities
that would degrade system performance or get around accounting provisions,
but some also explicitly forbid unauthorized modifications that might
be believed by hacker modifiers to improve system performance or abilities
(Levy, 1984).
The committee also finds that some codes talk about
underlying commonsense moral principles that guide the code’s specific
provisions. Often, it is remarked that the ethical rules about privacy
and property and fair usage of common resources that apply elsewhere also
apply to computers and their considerate use. Along with this it is suggested
that the code’s specific rules do not cover every conceivable circumstance,
only some of the more obvious and typical ones. Thus, reference to these
more general principles is needed for unmentioned circumstances. Sometimes,
however, instead of referring to everyday ethical principles, the ethics
codes refer to or quote from provisions of the local, usually state, criminal
law to provide content.
What does the committee find is said about these various topics? Again,
great variation. All codes that mention the topic, for example, agree
that users shouldn’t harass others. All that mention the topic agree
that copyrights and site licenses should be honored. But some codes assert
things others deny. For example, some schools assert that they own all
electronic files, not users. Others believe that users own files they
create, much as students and faculty presumably own papers they author.
Some forbid absolutely recreational game-playing on their machines. Others
allow it when, by some settled indicator, usage of the system by people
doing research or homework is low. Some absolutely forbid users, or at
least student users, to lend their accounts or user “IDs” to
others, even if those others are associated with the university or college.
Other codes are more lenient, only holding the account owners responsible
for any consequences of a loan.
Why, the committee members wonder, is there such variation
in content of codes, both in topic and what is said about a topic? And
does this bear on what our college’s computer ethics code should
look like?
Some variation is easily explained. Perhaps some don’t mention discipline
for rule-breaking because the subject is dealt with elsewhere in a handbook
from which the code is excerpted. Codes which do not explicitly discuss
computer-assisted plagiarism may take it for granted that plagiarism of
all kinds is sufficiently discouraged by a general prohibition stated
somewhere else in student, staff, and faculty handbooks. If X is wrong,
so is X-done-with-a-computer. Some differences are easily explained by
differences in the nature and extent of computing facilities available.
Some college’s codes may not mention skirting around accounting procedures
because they have none. Everyone uses a stand-alone microcomputer and
there are no computing accounts. Some have a richer environment, with
many machines, and thus are not so hard-nosed about recreational game-playing.
The Pimli College committee has, therefore, to find out things like what
is said in other of its own college codes of conduct, to find out what
the particular arrangement of its facilities is, to decide how lenient
it can afford to be about non-schoolwork uses of its machines, and so
on, to write its code.
But, asks a philosopher on the committee, what about the difference over
who really owns user’s files, what their privacy rights are, and
such matters as whether they can loan out their accounts or user “IDs”
or give their passwords to others? There is, he thinks, a fundamental
problem about ethics codes (cf. Ladd, 1980; DeGeorge, 1990, p.389
– 390), and it shows up in these differences among the codes.
These codes, he says, might be supposed to be statements of right and
wrong, statements of already existing moral or ethical truth, concerning
the proper use of computers on campus. It looks like some code-writers
think of them this way. But then certain things follow. For example, it
is not up to the committee to decide to make certain activities right
or wrong, any more than it is up to Congress to decide that kidnapping
is wrong. The committee couldn’t, for instance, adopt a rule that
said that harassing or annoying other users is okay or that reading their
e-mail without consent is fine, if the claim of the code is to record
what is right and wrong. Those rules would just be incorrect.
Maybe, on the other hand, he says, these codes are pieces of legislation
or rules like those for the college’s parking lots. While there are
certainly limits, the committee can then pretty much say what it wants
in the code. There are no moral truths about who can use which parking
lots on campus. There’s nothing in ethics about allowing or not allowing
users to loan out their user “IDs”. The committee just says
that this is the way things are set up at Pimli. It’s like a landlord-tenant
agreement. Pimli is the landlord and the users are the tenants. Maybe
the committee will have reasons for having certain rules in our code,
just like landlords do. Some of them might even have some close connection
to ethics, like the rule prohibiting harassment. But some of them might
have only more mundane reasons, like the rules about who can use which
parking spaces. Maybe, for example, there are reasons – reasons of
efficiency or convenience – which lead to restrictive rules about
the loan of accounts and user “IDs”, or maybe there aren’t.
Anyway, he says, the committee has to decide which
of these two kinds of animal the code is supposed to be. That determines
some of what can be said in the code.
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