CHAPTER 8CHAPTER 8

ETHICS AND TECHNOLOGYETHICS AND TECHNOLOGY

““Big Brother Is Watching You” Big Brother Is Watching You” George Orwell, George Orwell, 19841984, Part 1, Chapter 1, Part 1, Chapter 1

Too many employers practice a credo of Too many employers practice a credo of “In God we trust, others we monitor.”“In God we trust, others we monitor.”

Marlene Piturro, “Electronic Monitoring” Marlene Piturro, “Electronic Monitoring”

OBJECTIVESOBJECTIVES

After studying this chapter, you should be able to:After studying this chapter, you should be able to:

1. Understand the ethical ramifications of recent 1. Understand the ethical ramifications of recent technological advances.technological advances.2. Explain the employee view of privacy at work.2. Explain the employee view of privacy at work.3. Explain the employer view of privacy at work.3. Explain the employer view of privacy at work.4. Distinguish between thin and thick consent.4. Distinguish between thin and thick consent.5. Understand the concept of vicarious liability.5. Understand the concept of vicarious liability.6. Identify the top categories of litigation related to 6. Identify the top categories of litigation related to Internet communications.Internet communications.

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ETHICS AND TECHNOLOGYETHICS AND TECHNOLOGY Companies are now able to make vast amounts Companies are now able to make vast amounts

of information available to employees and of information available to employees and customers on their Internet, intranet, and customers on their Internet, intranet, and extranet sites. extranet sites.

Extranet: A private piece of company’s Internet Extranet: A private piece of company’s Internet network that is made available to customers network that is made available to customers and/or vendor partners on the basis of secured and/or vendor partners on the basis of secured access by unique password.access by unique password.

Intranet: A company’s internal Web site, Intranet: A company’s internal Web site, containing information for employee access containing information for employee access only.only.

ETHICS AND TECHNOLOGYETHICS AND TECHNOLOGY However, now that these tools have become However, now that these tools have become

part of our everyday work environment, many part of our everyday work environment, many of those wonderful promises have been of those wonderful promises have been overshadowed by concerns over loss of privacy overshadowed by concerns over loss of privacy in two key areas:in two key areas:

1. As a customer, companies now have the 1. As a customer, companies now have the technical capability to shoot your personal data technical capability to shoot your personal data to any part of the world to take advantage of to any part of the world to take advantage of lower labor costs.lower labor costs.2. As an employee, your employer now has the 2. As an employee, your employer now has the capability of monitoring every e-mail you send capability of monitoring every e-mail you send and Web site you visit in order to make sure and Web site you visit in order to make sure that you really are delivering on the promise of that you really are delivering on the promise of “increased worker productivity.”“increased worker productivity.”

PROGRESS CHECK QUESTIONSPROGRESS CHECK QUESTIONS

How would you feel if you found out that someone How would you feel if you found out that someone halfway around the world from your doctor’s office was halfway around the world from your doctor’s office was reading your medical tests?reading your medical tests?

Would your opinion change if you knew those cost Would your opinion change if you knew those cost savings were putting American radiologists out of a job? savings were putting American radiologists out of a job? What if they were being read this way because there What if they were being read this way because there was a shortage of qualified medical personnel here? was a shortage of qualified medical personnel here? Would that change your opinion?Would that change your opinion?

Should your doctor be obligated to tell you where your Should your doctor be obligated to tell you where your tests are being read? Why or why not?tests are being read? Why or why not?

Storing private information in digital format simplifies Storing private information in digital format simplifies the storage and transfer of that information and offers the storage and transfer of that information and offers cost savings to companies that are (hopefully) passed cost savings to companies that are (hopefully) passed on to their customers. Does using ID numbers instead on to their customers. Does using ID numbers instead of names meet their obligation to maintain your privacy of names meet their obligation to maintain your privacy in this new digital world?in this new digital world?

THE PROMISE OF THE PROMISE OF INCREASED WORKER PRODUCTIVITYINCREASED WORKER PRODUCTIVITY

The Employer Position:The Employer Position: As an employee of the organization, your productivity As an employee of the organization, your productivity

during your time at work represents the “performance” during your time at work represents the “performance” portion of the “pay-for-performance” contract you portion of the “pay-for-performance” contract you entered into with the company when you were hired. entered into with the company when you were hired. Therefore, your actions during that time–your allotted Therefore, your actions during that time–your allotted shift or normal work period–are at the discretion of the shift or normal work period–are at the discretion of the company. Other than lunch and any scheduled breaks, company. Other than lunch and any scheduled breaks, all your activity should be work-related, and any all your activity should be work-related, and any monitoring of that activity should not be regarded as an monitoring of that activity should not be regarded as an infringement of your privacy. If you want to do infringement of your privacy. If you want to do something in private, don’t do it at work.something in private, don’t do it at work.

The organization has an obligation to its stakeholders to The organization has an obligation to its stakeholders to operate as efficiently as possible, and to do so it must operate as efficiently as possible, and to do so it must ensure that company resources are not being misused ensure that company resources are not being misused or stolen and that company data and proprietary or stolen and that company data and proprietary information are being closely guarded.information are being closely guarded.

THE PROMISE OF THE PROMISE OF INCREASED WORKER PRODUCTIVITYINCREASED WORKER PRODUCTIVITY

The Employee Position:The Employee Position: As an employee of the company, I recognize As an employee of the company, I recognize

that my time “at work” represents the that my time “at work” represents the productivity for which I receive an agreed productivity for which I receive an agreed amount of compensation–either an hourly rate amount of compensation–either an hourly rate or an annual salary. However, that agreement or an annual salary. However, that agreement should not intrude upon my civil rights as an should not intrude upon my civil rights as an individual–I am an employee, not a servant. As individual–I am an employee, not a servant. As such, I should be notified of any electronic such, I should be notified of any electronic surveillance and the purpose of that surveillance and the purpose of that surveillance. The actions of a small number of surveillance. The actions of a small number of employees in breaking company rules should employees in breaking company rules should not be used as a justification to take away not be used as a justification to take away everyone’s civil rights. everyone’s civil rights.

EXAMPLES OF ETHICAL DILEMMASEXAMPLES OF ETHICAL DILEMMAS

CASE 8.1CASE 8.1

A Failure to DiscloseA Failure to Disclose

THE PROMISE OF THE PROMISE OF INCREASED WORKER PRODUCTIVITYINCREASED WORKER PRODUCTIVITY

TelecommutingTelecommuting: The ability to work : The ability to work outside of your office (from your home or outside of your office (from your home or anywhere else) and log in to your anywhere else) and log in to your company network (usually via a secure company network (usually via a secure gateway such as a VPN, virtual private gateway such as a VPN, virtual private network).network).

THE PROMISE OF THE PROMISE OF INCREASED WORKER PRODUCTIVITYINCREASED WORKER PRODUCTIVITY

If employee rights were recognized in this If employee rights were recognized in this argument, then for those rights to have argument, then for those rights to have any validity, it would follow that any validity, it would follow that employees should give their consent to employees should give their consent to be monitored by all this technology. be monitored by all this technology. However, as Adam Moore points out, the However, as Adam Moore points out, the state of the job market will inevitably state of the job market will inevitably create a distinction between two types of create a distinction between two types of consent: consent: thinthin and and thickthick..

THE PROMISE OF THE PROMISE OF INCREASED WORKER PRODUCTIVITYINCREASED WORKER PRODUCTIVITY

Thin consentThin consent: If an employee receives formal : If an employee receives formal notification that the company will be monitoring all e-notification that the company will be monitoring all e-mail and Web activity–either at the time of hire or mail and Web activity–either at the time of hire or during employment–and it is made clear in that during employment–and it is made clear in that notification that his or her continued employment with notification that his or her continued employment with the company will be dependent on the employee’s the company will be dependent on the employee’s agreement to abide by that monitoring, then the agreement to abide by that monitoring, then the employee may be said to have given thin consent.employee may be said to have given thin consent.

Thick consentThick consent: If employment conditions are at the : If employment conditions are at the other end of the scale–that is, jobs are plentiful and the other end of the scale–that is, jobs are plentiful and the employee would have no difficulty in finding another employee would have no difficulty in finding another position–then the consent given to the monitoring position–then the consent given to the monitoring policy could be classified as thick since the employee policy could be classified as thick since the employee has a realistic alternative if he or she finds the policy to has a realistic alternative if he or she finds the policy to be unacceptable. be unacceptable.

PROGRESS CHECK QUESTIONSPROGRESS CHECK QUESTIONS

How would you describe the atmosphere How would you describe the atmosphere in this call center?in this call center?

Jamie’s calls were monitored at all times Jamie’s calls were monitored at all times by a call center supervisor. Is that ethical? by a call center supervisor. Is that ethical? Why or why not?Why or why not?

What would you say is the worst part of What would you say is the worst part of working in this call center?working in this call center?

When Jamie resigned, he was escorted When Jamie resigned, he was escorted from the building by security. Is that from the building by security. Is that ethical? Why or why not?ethical? Why or why not?

VICARIOUS LIABILITYVICARIOUS LIABILITY

Vicarious liabilityVicarious liability: A legal concept that : A legal concept that means that a party may be held means that a party may be held responsible for injury or damage, when responsible for injury or damage, when in reality he or she was not actively in reality he or she was not actively involved in the incident.involved in the incident.

Cyberliability: As a employer, you could Cyberliability: As a employer, you could be held liable for the actions of your be held liable for the actions of your employees in their Internet employees in their Internet communications to the same degree as communications to the same degree as if they had written those if they had written those communications on company letterhead.communications on company letterhead.

VICARIOUS LIABILITYVICARIOUS LIABILITY

The extent of cyberliability can be seen The extent of cyberliability can be seen in the top categories of litigation in the top categories of litigation recorded by Elron Software:recorded by Elron Software:

DiscriminationDiscrimination HarassmentHarassment Obscenity and pornographyObscenity and pornography Defamation and libelDefamation and libel Information leaksInformation leaks SpamSpam

EXAMPLES OF ETHICAL DILEMMASEXAMPLES OF ETHICAL DILEMMAS

CASE 8.2CASE 8.2

Top 20 Blonde JokesTop 20 Blonde Jokes

TEN COMMANDMENTS OF COMPUTER ETHICSTEN COMMANDMENTS OF COMPUTER ETHICS(Created by the Computer Ethics Institute)(Created by the Computer Ethics Institute)

1. Thou shalt not use a computer to harm other people.1. Thou shalt not use a computer to harm other people.2. Thou shalt not interfere with other people’s computer 2. Thou shalt not interfere with other people’s computer

work.work.3. Thou shalt not snoop around in other people’s computer 3. Thou shalt not snoop around in other people’s computer

files.files.4. Thou shalt not use a computer to steal.4. Thou shalt not use a computer to steal.5. Thou shalt not use a computer to bear false witness.5. Thou shalt not use a computer to bear false witness.6. Thou shalt not copy or use proprietary software for which 6. Thou shalt not copy or use proprietary software for which

you have not paid.you have not paid.7. Thou shalt not use other people’s computer resources 7. Thou shalt not use other people’s computer resources

without authorization or proper compensation.without authorization or proper compensation.8. Thou shalt not appropriate other people’s intellectual 8. Thou shalt not appropriate other people’s intellectual

output.output.9. Thou shalt think about the social consequences of the 9. Thou shalt think about the social consequences of the

program you are writing or the system you are designing.program you are writing or the system you are designing.10. Thou shalt always use a computer in ways that ensure 10. Thou shalt always use a computer in ways that ensure

consideration and respect for your fellow humans.consideration and respect for your fellow humans.

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