Study Guide: Legal and Ethical Aspects of the Internet

Introduction: The Internet allows consumers, businesses, and industry to do many new things in unique and efficient ways. The technology around which it is built is also changing and advancing rapidly. A source of concern is that the legal and ethical developments regarding the Internet are not able to keep up with the fast pace of technological change. This tutorial touches on the main areas of legal and ethical concern that have emerged so far, the ways in which they are being dealt with, and the implications for providers of technology related services and products. These major areas are:

• protection of intellectual property
• prevention of fraud
• protection of freedom of expression versus problems of defamation
• protection of privacy
• control of Internet indecency versus free speech
• control of spamming

1. Protection of Intellectual Property

The major legal and ethical problems that arise in terms of the Internet and electronic media deal with intellectual property issues. There are well developed laws that govern physical property. Physical property, also known as tangible property, is property that we can touch and feel. Intellectual property, on the other hand, deals with the ownership of ideas or the expression of ideas. Since ideas cannot be touched or felt, but they do belong to the person who developed (or authored) them, they are known as intangible property.

There are several forms of legal protection available for intellectual property. These are:

• trade secret protection
• copyright protection
• trademark protection
• patents.

1.1 Trade Secret Protection: This method of protecting ownership of an idea is to ensure that the idea is kept a secret. An example is the formula used in preparing Coca Cola syrup. Very few employees know the formula, and those who do are required to sign nondisclosure agreements in order to have access to it. The formula is safe as long as no employee divulges the secret. The company could take them to court if they did so. Another example of a trade secret may be a company’s business plan or strategy.

Trade secrets can only exist if the basis for the idea can be kept a secret. This may not be possible in the world of computer technology and programming.

1.2 Copyright Protection

Copyright protection is available for an original expression of an idea that is fixed in any physical medium, such as paper, electronic tapes, floppy discs, CD ROMs, etc. It is important to note that the "right" or protection is given to how the idea is expressed, not to the idea itself.

To illustrate this, consider two songs, one by Britney Spears, and another by the Backstreet Boys, both of which deal with the idea of love, but express the idea in different ways. Each can copyright the way they express their idea of love in their songs. They cannot copyright the idea of love itself.

Works such as books, music, computer programs, source and object codes, etc. can be protected by copyright. In addition to the actual code of a program, copyright can extend to the screen layout and graphics of the program. Copyright extends to both published and unpublished material.

1.2.1 Obtaining Copyright Protection

Copyright is very simply obtained by displaying, on the first page or screen of the work, the statement "Copyright" followed by the symbol ã , together with the year and the author’s name, or the name of the company owning the copyright, followed by the statement "All Rights Reserved". An example of a copyright statement is:

Copyright ã 1990, John W. Smith, All Rights Reserved.

The US copyright requirements may be met by simply stating "ã 1990, John W. Smith", but the statement shown above meets international requirements. Recent legal judgments indicate that copyright to a work produced after January 1, 1978, may exist even if the copyright statement is not displayed on the work. But it strengthens an author's hand to have the statement displayed.

The copyright to the expression of an idea begins immediately when the expression is fixed in some medium. For example, a software program that has been developed on a monitor becomes copyrightable from the moment it becomes saved to a disk or hard drive since it then becomes fixed in a medium.

In the case of computer programs on a chip, the copyright notice may be indicated on the chip, and sometimes a notice may be embedded inside the chip in ASCII code (deForest, 1988).

Simply putting the copyright notice on a work gives it copyright protection. No further filing of the notice is required. However, it is also possible, and advisable, to register the copyright with the Library of Congress Copyright Office. Registration substantially increases the penalty (referred to sometimes as "damages") that anyone found guilty of violating the copyright (often called "copyright piracy" or "infringement") will have to pay. In addition, if someone violates a copyright, they cannot be sued until the copyright is registered.

1.2.2 Rights of Copyright Ownership

The legal rights given by copyright ownership are:

• right to reproduce the work
• right to make derivative works
• right to distribute copies for resale, lease, or retail
• right to publicly perform relevant works (e.g. a piece of music)
• right to publicly display certain works

All or some of these rights can be licensed or transferred by the owner of the copyright, to others, usually for a fee or payments known as royalties. It is illegal to use copyrighted material without a license or payment of royalties. However, one major exception to this statement is the "Fair Use" rule.

1.2.3 Fair Use Rule

The Fair Use rule allows copyrighted material to be used, without a license or payment of royalty to the owner, if the purpose of the use is criticism, news reporting, scholarship, research, or teaching (including multiple copies for classroom use). This does not mean unrestricted use, however. Fair use is determined by several factors:

• whether the use is of a commercial nature or whether it is for nonprofit educational purposes
• the nature of the copyrighted work itself
• the proportion of the copyrighted work that is being reproduced. If a substantial proportion is reproduced, it is unlikely to be considered fair use. (e.g. If one article out of a book with fifteen articles in it, is copied and used in a class it is likely to be fair use. However, copying eight to ten articles may not be considered fair use).
• The effect of the use on the potential market or value of the copyrighted work (i.e. Is the owner going to be financially hurt by this use?). This point is an important one in determining fair use.

1.2.4 Copying Computer Programs

In the case of a computer program, the owner of a copy of the program may legally make a copy of the program if

• Making such a copy is essential to using it on a computer (e.g. copying a program from a CD to the hard drive of a computer.), and that it is not used in any other way.
• The copy is made as a backup and that the backup is destroyed if the rights to the original copy cease to exist

1.2.5 The Copyright Law and Employee Works

When work is done for hire, the employer -- not the employee -- is the one considered the author and given copyright ownership. Work is considered to have been done " for hire " if

• The work was done by the employee as part of his or her employment or
• The work was especially ordered or commissioned and there is a written agreement between the parties involved, clearly stating that the work involved shall be considered a work for hire.

1.2.6 Length of Copyright Protection

Work created after January 1, 1978 is automatically protected from the moment it is fixed in some medium. This protection exists, in such cases, for:

• The life of the author plus an additional 70 years after his/her death.
• 70 years after the last surviving authors death, if the work had more than one author, and the work was not done for hire.
• For work done for hire, the copyright extends 95 years from publication, or 120 years from its creation, whichever is shorter.

Works created and published before January 1, 1978, were initially copyrighted for 28 years, and could be extended by renewal for a maximum of 95 years.

Copyright can be passed on to others through a will, or as personal property to the owners heir(s).

Transfer of copyright takes place by written contract. Contracts need not be registered with the Copyright Office but there are some legal advantages to doing so.

1.2.7 Copyright Law and Internet Service Providers

Internet Service Providers (ISPs) provide Internet access services for a fee (Bitlaw, 2000). They also sometimes store data for their customers’ use, as in the case of a Usenet newsgroup server or a world wide web server. As a general rule, as long as the ISP is not aware of any illegal activity carried out by its users, the provider cannot be held liable. However, if the provider does become aware of any illegal activity, or ought to have become aware of such activity if it had exercised the normal degree of oversight in such circumstances, then the courts are likely to hold the provider liable for the customers activity. This rule also applies to service providers who do not connect directly to the Internet, such as bulletin board operators and proprietary information providers.

Even if an ISP does not directly take part in the copying or distribution of a copyrighted work, it can still be liable for copyright infringement under the concept of " contributory infringement ". This concept applies when "a party causes or contributes to the infringing conduct of another with knowledge of the other party’s infringing activities."

In a recent case involving SEGA games, a bulletin board operator knew his users were illegally downloading and uploading copyrighted games and allowed, and even encouraged them to continue to do so. The operator was not found to be guilty of direct copyright infringement, but he was found guilty of contributory infringement.

A second basis for infringement is "vicarious liability" under which a person may be liable for the infringing actions of another person, if the person has the right and ability to control the infringer’s acts and receives a direct financial benefit from the infringement. Vicarious liability can exist even if the defendant had no knowledge of the infringer’s activity.

The Digital Millennium Copyright Act, passed by the House in 1998, makes illegal most attempts to get around anticopying technology. Only when it is necessary to make software or hardware compatible with other products, to conduct encryption research, or to prevent cookies from spreading personal information is it legal to bypass anticopying technology. This act also legislates against excessive copying of databases, even when the databases contain information already existing in the public domain (Turban, et al. p. 355).

A good guideline for ISPs to follow is stated by Turban, et al., "Internet access providers must act responsibly and make efforts to police piracy; not necessarily because of threats of legislation but because it is in their best long-term interests to do so." (Turban et al., 2000; p.355)

1.2.8 Copyright Issues Involving Domain Names

A domain name is the name or address used to link to a particular computer on the Internet. An example of a domain name is www.nbc.com. The name is segmented into several levels. In the example given, the top level domain (com) is on the right, the designation of the specific computer is indicated on the left (www), and the subdomain (nbc) is indicated between these two. (Turban et al. 2000, p.506). Domain names can be selected by the person seeking an address, and need to be registered with the appropriate registering body.

Disputes have arisen over domain names because some companies have used names similar to those of brick-and-mortar companies or copyrighted names or materials, in order to attract web traffic to their site. Some individuals have also registered large numbers of such names, not for their use, but with the intention of selling these names to the highest bidder. As a result, sometimes a company with a well known brand name has applied to establish a web address and found that the name has already been registered by someone else who now asks for substantial payment for purchase of the domain name.

In such disputes, the party claiming the right to a domain name (the complainant) bases such claims on its existing copyright or trademark rights. Such claims are usually valid if the party can show that the defendants use of the copyrighted mark is creating confusion in the minds of the public, or that it will dilute the impact of a famous brand name. For example, if domain names were different versions of Coca Cola, such as Koka Kola, Kola Koke, etc, Coca Cola could claim that such use was creating confusion in people’s minds about the producer of the product bearing such names, and would also "dilute" or diminish the value of the Coca Cola brand name.

The general rule for determining domain name disputes is to compare the following (Greenstein, 2000):

• The date the registered applicant of the domain name first used the domain name OR the effective date of a validating trademark registration; and
• The date the claimant of a dispute first used a trademark OR the effective date of the claimant’s validated registration.

1.3 Legal Issues Involving Trademarks

A trademark is a logo or phrase that identifies the source of goods or services. Trademark rights do not stop others from copying a product, but they do prevent them from calling or labeling their product by a name or phrase that is confusingly similar to the trademark.

Trademark protection is obtained automatically when the mark is applied to a product that is then sold. Trademark protection is available for a mark or phrase that is not already in use by someone else. In addition, it must (1) not be just geographically descriptive (e.g. Chicago Retail Store), (2) not be just descriptive of the type of goods (e.g. The Soft Drink Store), (3) not be just a surname (e.g. Smith Enterprises), and (4) not be likely to deceive others. Trademarks can be registered with the U.S. Patent Office and this provides some legal benefits.

Names that create a false impression about a product or which might mislead others in terms of the product or the company cannot be protected by trademark. This "likelihood of confusion" is an important factor in determining trademark infringement.

1.3.1 Determining Likelihood of Confusion

The major factors that are examined in determining whether likelihood of confusion exists are (Bitlaw, 2000):

1. The similarity in the overall impression created by the two marks (including each mark’s look, phonetic (sound) similarities, and underlying meanings);
2. the similarities of the goods and services involved (including an examination of the marketing channels for the goods);
3. the strength of the plaintiff’s mark (how well known it is);
4. any evidence of actual confusion by consumers;
5. the intent of the defendant in adopting the mark (was the defendant trying to confuse customers into thinking his brand was the same as the complainant’s?) and
6. the degree of care that the consumer is likely to exercise (for example, if a consumer is likely to buy items at the checkout counter on impulse, without much thought or examination of the product, then a similar-sounding name might mislead the consumer into buying an unintended product).

If there is evidence of infringement, the usual remedy is for the court to grant an injunction against further infringement (i.e. an order stop infringing). If the trademark was federally registered, attorney fees may also have to be paid by the infringer.

1.3.2 Internet Service Providers and Trademark Liability

ISPs must, of course, ensure that they are not creating confusion in customers’ minds regarding their product or company, because their logo, domain name or anything else in their literature or website is similar to that of another company. They can, however, have logos of other companies on their website if permission is given for doing so.

In addition, ISPs may be liable if one of their customers infringes the trademark of someone else, especially if the ISP knows, or should have known in the course of regular oversight, that such infringement was occurring. The ISP may be liable for contributory trademark infringement where it knowingly causes or contributes to the infringing conduct of another. For example, if an ISP is informed by someone that one of its customers is misusing a trademark and provides details, but the ISP does nothing about it, for fear of losing the customer, it may be liable for contributory trademark infringement.

Meta Tags: Some areas of trademark violation are unique to the Internet. One example is the use of keyword meta tags. Search engines on the web look for sites by looking for HTML meta tags that are labeled as keywords. Programmers have deliberately used well known trademarked words as meta tags in their web sites in order to draw viewers to their site. For example, some web sites have used "Playboy" as a meta tag. Such use is likely to be viewed as an infringement of a trademark.

Other potential areas of dispute related to links on the Internet are (Greenstein, 2000, p. 80):

• Retrieving and displaying information from a website without proper reference (similar to plagiarism);
• Retrieving and displaying information from a linked commercial site that has advertising frames, without displaying the site’s advertisements along with the retrieved document.
• Linking to illegal files. For example, Lycos developed a database of music and video available on the web. However, since many of the sites in the database had bootlegged copies, Lycos was taken to court for providing links to these sites. The case has not yet been resolved.
• Inappropriately linking to a website. An example of such a case is given below:

Hyperlinking case illustration excerpted from:

http://law.about.com/newsissues/law/library/weekly/aa022399.htm?once=true&

The Case Between Ticketmaster and Microsoft

The dispute arose nearly two years ago. Microsoft had embarked on its Seattle Sidewalk Web service, providing local event information to Seattleites, with plans to build similar sites for a variety of other cities. Negotiations with Ticketmaster to jointly provide content and ticket sales failed, but Microsoft set up its event pages with links directly toTicketmaster's specific event ticket sales pages.

Ticketmaster objected to links which bypassed its own substantive content and advertising, but Microsoft persisted. In fact, according to a CNET report at the time, Ticketmaster set up technological blocks to prevent Microsoft and other sites from accessing ticket sales pages directly in that way, but Microsoft built a work-around and continued the practice anyway. So Ticketmaster sued.

The law regarding hyperlinking is still evolving. It is good practice to get permission from a site before linking to it especially if it is going to be a major link that will draw viewers to your website. In addition, the cases that have arisen to date suggest that difficulties with hyperlinks arise when the links bypass some major content of the site being linked to (for example, pages that contained important information regarding the company linked to, and its advertising) so that some of the effectiveness of that site is diminished. Linking to a webpage by avoiding some of the earlier pages on the site is sometimes referred to as "deep linking".

1.4 Patents

A patent is a right of ownership given to a new idea for a machine, manufacture, composition of matter, or method, or for an improvement on an existing one of any of these. The right of ownership is given for 17 years. In order to get this right, the applicant must state the details of the idea clearly in writing and submit it to the U.S. Patent and Trademark Office for their assessment of its uniqueness. Patents can be licensed or sold to others.

Patents can sometimes be combined with copyrights or trademarks. For example, if someone writes a computer program that does something new, it can be copyrighted. If the program also meets the criteria for a patent because it deals with a new method, then it may be patentable too.

2. Internet Service Provider Contracts and Fraud

When ISPs provide services to their customers, they do so based on the contract that has been agreed upon between them. If the ISP does not supply the services it specified in the contract, it may become liable for breach of contract or fraud. An example is when America Online moved to a flat rate policy, the number of its customers increased enormously. As a result, its services were slowed and many customers had to wait for long periods of time to get online because of busy signals. Customers took AOL to court saying that the company knew that its flat rate plan would give rise to these problems but went ahead with it. In addition, the complainants said that by misleading current and prospective customers about the quality of services, AOL had committed fraud.

3. The Internet and Issues Regarding Defamation

Defamation is a broad term covering slander and libel. Slander is a false statement made to injure the reputation of a person. Libel is a similar statement that is published i.e. is stated in some fixed medium, such as in writing. The Internet, because of the freedoms it provides, is a potential source of defamatory issues that could involve ISP liability. Two examples of such issues, taken from Bitlaw (2000) are given below.

Prodigy was sued for defamation because of a defamatory comment made by one of its customers in one of its discussion rooms (or bulletin boards). The judge had to determine whether Prodigy was only a distributor of the information (in which case it would not be liable for defamation by a customer), or whether it was a publisher of the information (in which case it would be guilty of defamation since, as publisher, it has control over content). The judge found Prodigy guilty of defamation on the grounds that Prodigy had well publicized policies for monitoring and censoring content in its discussion rooms, and so behaved like a publisher.

On the other hand, in a similar case involving CompuServe, the judge ruled that the company was not guilty of defamation because it did not exercise any control over discussion room content and so acted merely as a distributor rather than a publisher.

In another case involving America Online, the judge ruled that ISPs are distributors rather than publishers. Therefore, ISPs cannot be held liable for libelous statements made by their customers even if the ISP is made aware of the posting.

Since the Internet is an international medium, however, this can give rise to unusual twists. In the UK, ISPs, even though they are distributors of information, must prove innocent distribution, i.e. that they had no knowledge of the defamatory statement on their site. This differing view has given rise to a unique legal situation involving ISPs as described below (Greenstein, 2000, p. 92):

• A British professor made derogatory comments about Canadians, in general, on a website.
• An offended Canadian student at Cornell University (a U.S. university) posted five defamatory statements about the professor to a Usenet group using Cornell’s computer system.
• The British professor filed a lawsuit in the U.K. against both the student and Cornell University stating that the statements damaged his professional reputation because they were read by individuals in the U.K.

4. Internet Issues Involving Privacy

Businesses and government have always collected information regarding individuals, households, the economy, etc. through surveys, interviews, etc. In general, the individual about whom information was being collected knew that this was being done. However, with the Internet and telecommunications, technology currently available makes it possible to record and/or trace every "click" or interaction by a user browsing the web, without their knowledge. This has raised issues about the individual’s right to keep his or her personal and businesses activities and information confidential. The Federal Trade Commission (FTC) has outlined several factors that should govern the collection or use of information. These are given below (largely quoted from Greenstein, 2000; p. 73):

• Notice: Consumers should be made aware of an entity’s information practices before personal information is gathered.
• Choice. Consumers should be given the opportunity to consent or deny any secondary uses (uses other than the processing of a transaction) of information. Secondary uses include notices or transfer of data to third parties. Thus, this would mean that the firm involved in the transaction would not send them emails about other products or sell or make available their address or information to any other company without their consent.
• Access: Consumers should be able to access their personal data and review it without significant delays. They should also be able to easily and quickly correct inaccurate personal information.
• Integrity and Security: The data regarding consumers’ personal information should be processed in such a way that the information is accurate. The data should also be kept confidential as it is processed, transmitted and stored. This makes it necessary for ISPs and e-commerce units to provide secure transactions and storage of data.
• Enforcement: Consumers should have some clear means to address the situation if any of the above features is violated.

Every ISP and e-commerce unit should seek to strive to meet the privacy guidelines laid down by the FTC. The U.S. government has given private industries the opportunity to develop their own guidelines regarding the privacy rights of adults. However, a recent report by the FTC indicated that private industries have, in general, failed to develop their own standards regarding privacy. They found that 85 percent of 1,402 sites surveyed collected personal information but did not have any information about privacy policies.

A much more disturbing finding involved children’s sites. Eighty-nine percent of 212 such sites surveyed collected personal information from children. This included e-mail addresses, postal addresses, telephone numbers, social security numbers, date of birth, gender, education, interests, hobbies, etc. The government is actively seeking to end such practices and to protect children from such activities.

In order to police themselves rather than have the government develop legislation regarding privacy protection of adults on the Internet, an Online Privacy Alliance has been formed, with 43 well known global firms such as AT&T, Disney, Microsoft, etc. and 14 associations. This alliance certifies that an Internet firm meets the information privacy guidelines for adults by giving the firm a "privacy seal" that is displayed on the firms website. Customers could then be sure that the firm adheres to the privacy guidelines set down by the FTC. It is in the interest of every website to have this seal.

The European Union passed a privacy directive in 1998 that is similar to, but in some aspects stricter than, the FTC’s guidelines. Any firms, including ISPs, that want to do business with Europe would have to meet these criteria. The guidelines set down by the Online Privacy Alliance are very similar to the European Union directives.

The first FTC case involving Internet privacy concerned the information gathering practices of a very popular site on the web: GeoCities. GeoCities which, according to one survey is the third most popular site accessed from consumers homes, was charged with misrepresenting the purposes for which it collected personal information from both children and adults. GeoCities was found to be in violation of the privacy criteria laid down by the FTC that were described above. They settled with the government and agreed to post clear and unambiguous privacy statements on the website. In addition, the company must obtain parental consent before it collects personal information from children 12 years or younger. This is in line with current industry self-regulatory guidelines. GeoCities is also required to provide a link on its site to the FTC site that contains educational material on consumer privacy (www.ftc.gov ).

5. Internet Issues Involving Free Speech and Indecency

The Internet has become the "great equalizer" in terms of allowing individuals, regardless of background, location, income, etc. to access and provide information and to make their views known. However, this has proved to be a mixed blessing. The Internet has been used to propagate material that may be found offensive by many, such as pornographic, hate and other potentially dangerous material. Since such sites may be accessed by children, there is a general agreement by the public that there should be some means to prevent this from happening.

In terms of ISP responsibility in this regard, it is good policy to develop systems that are "family friendly" and allow parental control over sites viewed by children. America Online, in trying to develop a safe and family friendly service, encourages members to self police the system and bring to their attention content that violates the service conditions. AOL’s policy prohibits hate speech or truly offensive speech. The policy has been applied to a KKK site and to a serial killer website. Recently, eBay and other auction sites shut down their gun auction sites. Some members of the public would like to see ISPs held legally liable for the material on their sites.

The global nature of the Internet can create unusual situations for ISPs

In Germany, Compuserve was ordered by a court to shut down 200 sex related newsgroups because they violated German law. Since the company could not selectively restrict access in Germany, it had to restrict access worldwide. Germany has since changed its laws so that ISPs are not liable for content. But it does show that it pays for providers to be proactive and anticipate potential problems and address them before they occur.

In France, Yahoo was taken to court because of auctions of Nazi memorabilia on its auction site and chat rooms where pro Nazi comments were made. Yahoo has announced that it will be stopping the auctions but it has not closed down the chat rooms, citing freedom of speech. The case has not been resolved but it illustrates the sort of problems that can arise in this new medium.

Indecency, Children and Legislation

Several Acts by Congress address or seek to address some of the concerns about children on the web (Turban et al., 2000; p. 359). The following brief descriptions give some idea of the concerns of the public and the possible areas regarding which ISPs need to be concerned.

• The Child Online Protection Act of 1998 requires that companies verify an adult’s age before they have access to material online that is considered "harmful to minors". It also requires parental consent before soliciting personal information from a minor.
• The Family Friendly Internet Access Act would require ISPs to offer screening software at the time of signing up that would allow members to filter web content that children have access to.
• The Internet Protection Act seeks limits on Internet regulation by the government, but also prohibits ISPs from providing accounts to sexually violent predators.
• The Internet School Filtering Act wants to use funds and grants to schools as a tool for encouraging them to install filtering software.

A related development is the use of new domain names that will identify adult related sites and make filtering easier.

6. Internet Issues Involving Spamming or Spam Mail

Spamming involves sending e-mail messages indiscriminately and without the permission of the receiver and disregarding the appropriateness of the message. It is the equivalent of "junk mail" sent through regular postal services. Spamming is widespread and affects the speed of the Internet, sometimes bring it down completely. The Electronic Mailbox Protection Act is trying to control spamming. This act requires senders of spam to identify it as advertising, to indicate the name of the sender, and to include valid routing information. In addition, ISPs would be required to offer spam blocking software and recipients would have the right to request that all future spam be stopped.

7. A Brief Introduction to Internet Ethics

Ethics deals with the standards of human conduct that direct the behavior of individuals and groups (Bottorff, 2000). These standards, in turn, are developed by the society within which the individual or group exists.

Since the Internet allows access to individuals and groups from a wide and complex range of societies and backgrounds, the ethical standards of the participants can vary widely. However, in order for the citizens of the Internet community to be able to interact productively through communications, economics transactions and shared information, it is necessary for the community to develop a common set of ethics or standards of human conduct that governs their behavior. This is especially necessary since those who are interacting are doing so in a virtual community where they cannot see or meet each other physically. Without a common ethical framework, no trust can develop between those interacting, and the Internet will then fail as a medium for interaction.

Several groups are trying to develop guidelines for a common ethical framework for the Internet. One examples of such a guideline on the web is given below and is taken from the Internet Advertising Bureau website:

The IAB strongly endorses the view of the Division Advisory Panel of the National Science Foundation Division of Network, Communications Research and Infrastructure which, in paraphrase, characterized as unethical and unacceptable any activity which purposely:

An examination of these guidelines for ethics on the Internet indicates that they address many of the areas that involve legal implications as well as ethical ones. It is often true that what is illegal is also unethical. However, the opposite is not always true: what is unethical may not always be illegal. For example, it may be considered unethical to sell information regarding your customers to another agency but it may not necessarily be illegal.

Ethical behavior seeks to go beyond legal requirements to ask questions such as: Is it what is best for all concerned and not just for myself? Would I want someone else to do the same thing to me?

It can be seen that ethics is much more difficult to pin down than legality, and is much more a personal decision. This is all the more reason for technology professionals in the computer industry to set high ethical standards and to act in a way that its actions and the basis for them are clear to all concerned. One approach to accomplishing this is to have a clearly stated set of guidelines for the organization that addresses general issues, as well as specific issues prone to ethical problems, and make sure that both employees and customers are familiar with.

Bibliography

Bitlaw: http://www.bitlaw.com/index.html , 2001

Bottorff, D.L., How Ethics Can Improve Business Success, in Annual Editions: Business Ethics 00/01, McGraw Hill, 2000, p.11-15.

DeForest, T.E., Inventor’s Guide to Successful Patent Applications, TAB Books, 1988.

Greenstein, M. and T.M. Feinman, Electronic Commerce: Security, Risk Management and Control, McGraw Hill, 2000

Turban E., J.Lee, D.King and H.M. Chung, Electronic Commerce: A Managerial Perspective, Prentice Hall, 2000.

Links to Sites on the Web Dealing With Legal/Ethical Issues

http://www.nd.edu/~rbarger/cases.html This web page provides some interesting and educational case situations that are very useful for all TekXam students to read and attempt to find solutions for, using the knowledge gained from the TekXam legal/ethics tutorial.

http://www.ethics.ubc.ca/resources/computer/pubs.html This is a leading site on the web dealing with computer ethics, maintained by the University of British Columbia.

http://www.rand.org/publications/MR/R3283/ Article suggesting ethical guidelines governing email.

http://www.benedict.com/ This is known as the "Copyright Website" and has resources and links related to copyright issues and the computer.

http://courses.ncsu.edu:8020/classes-a/computer_ethics/intellectual/electronic/ Site provides numerous links to fair use and copyright related sites on the web.

http://www.bizjournals.com/baltimore/stories/1997/09/01/newscolumn2.html Article dealing with a case involving web linking.

http://www.eff.org/pub/CAF/law/ip-primer A web site functioning as an intellectual property law primer for multimedia and web developers.

http://www.wired.com/news/politics/0,1283,20948,00.html Important article illustrating the problems that can arise with linking to other sites.

http://www.cookiecentral.com/ A website describing cookies and providing links to problems associated with cookies

http://courses.ncsu.edu:8020/classes-a/computer_ethics/privacy/spam/ A web page providing links to several important articles and sites dealing with problems and cases related to spamming.

http://www.cc.iastate.edu/olc_answers/information/policy/ethics.html This site from Iowa State University provides the ethical guidelines developed, by EDUCOM, for computer professionals and users at educational institutions, and can be a useful set of guidelines for all computer professionals to follow.