ETHICS02 - Introduction to the Law for Computing Students.

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Introduction to the LawComputer Law and EthicsMichael HeronDenis Edgar-Nevill

+Introduction

In this lecture we’re going to talk about the issue of law and ethics. We’re all bound by the law, so we’d better make our peace

with that.

An appreciation of how the law is constructed in valuable in understanding exactly how we end up with the laws we get. And why they’re often so baffling.

This discussion will focus primarily on English law. Scotland has its own legal system. Northern Ireland has its own legal jurisdiction.

+What is Law – Why?

Why do we have laws? Why can’t people just get along? Everyone knows what the right thing to do is, right?

Very difficult to generalise the right thing. Based on personal morality. Based on personal ethics. Based on societal mores Based on cultural perceptions Based on formal ethical codes of professionals.

Which should win out in particular circumstances?

+What is Law – Why?

The issue of moral relativity comes up a lot in these kinds of conversations. To what extent is morality an absolute proposition?

There are some crimes that are almost universally condemned. Cannibalism Incest Child abuse

But… Are they condemned in all places? Were they condemned at all times?

+What is Law – Why?

In order for morality to be absolute, there must be a central authority to which judgements can be deferred. Which may or may not be possible to find.

Moral relativity is often misinterpreted as ‘there is no good’ and ‘there is no evil’ It is more properly considered to be:

‘We can only judge good and evil from the perspective of our own moral codes’

When all moral codes are unanimous, problem solved.

We live in a pluralist world, in pluralist societies.

+What is Law – Why?

So, we can’t necessarily agree on what is right and what is wrong. At least, we can’t get that to be unanimous.

In cases where moral codes disagree, then we must have some kind of arbitrator. A ruling on whether not an action was proper.

We have no ‘central’ authority for this on the planet. That’s likely an impossible needle to thread.

We have to handle it within some relatively autonomous unit. Country level, in the case of the united kingdom.

+What is Law For?

Law is a common understanding between individuals in a society. This line. This far. No farther.

It serves as an unambiguous (ideally) code of acceptable behaviour.

It is one to which everyone is bound. Regardless of personal or cultural morals or ethics.

Laws serve to make it so that we have a common understanding by which we can all be forced to get along.

+What is Law for?

Laws give us guidance on acceptable behaviour. Don’t do this, it’s against the law.

Laws give us protection from others. If we are victims, there are infrastructures in place to help

redress our suffering.

Laws codify what is considered to be ‘fair. Although we may disagree with specifics.

Laws codify what is considered to be ‘right’ Although again, reasonable people can disagree.

+Who is Law for?

The law is for everybody. If not, there are fundamental problems with democracy.

However, laws may contain exemptions and enablements. Police officers can be legally empowered to do certain

things that others cannot. Those who are deemed unfit to make informed decisions

may be exempted from certain kinds of punishment. The monarchy is exempted from numerous pieces of

legislation.

The general rule is that the law works for everyone, unless there are specific exemptions.

+What are the laws?

Nobody really knows how many laws there are. They come in a variety of shapes and sizes.

Statutory instruments Case law

Every parliament will pass new laws.

Some parliaments will remove old laws. But that doesn’t happen as often as you might expect,

leading to many things being illegal but unenforced.

Some laws are obscure. Precedents set in case law, for example.

+Breaking the Law

Ignorance of the law is not considered to be an effective defence. You are expected to know the law.

However, many laws are archaic. And many laws are ineffective if taken without common

sense.

In some jurisdictions, there are exemptions. Trident Ploughshares

Acquitted of crimes on the grounds that Trident was illegal under international law.

‘The women were acting simply to prevent a crime’

+Penalties

A cornerstone of our legal system is that crimes should be proportionate. Small penalties for small crimes Big penalties for big crimes.

However, different people will disagree on what is proportionate. Is it proportionate to execute for murder? Is it proportionate to cut off hands for theft? Is it proportionate to exile people for petty theft?

The laws must thus outline what the proportionate penalty is for a crime.

+Bad Law

Laws are considered to be bad if: Ambiguous

Can be interpreted in multiple different ways Impossible to understand

Complex language making it difficult to know what is covered and what is not.

Law which is out of date. Archaic laws

Law where many people disagree with the legislation. SOPA in America

Where the punishment is not proportionate. Unenforceable

Requires information that is not available.

+British Legal System

I am not an expert in law. I’m an academic. I have no real life skills at all.

This then is a very simplified overview of a very complex system. There’s a lot of nuance I’m going to end up missing out.

However, an understanding of how laws are formed is important. It helps shape context for when you may be in a position of

setting rules in your own lives. Running an online service, for example.

+British Legal System

Two main classes of law. Criminal Law

Enacted by parliament. May explicitly define Or delegate interpretation

Case Law Precedents set by judges Common law ‘Laws of society’

There are different courts with jurisdiction over these areas. And different mechanisms by which they are enforced,

+The Passage of a Law

+Introducing New Laws

The government enact new law. Usually announced in the Queen’s Speech. May be rushed through at any time in response to emerging

situations.

Legislation to deal with the nationalisation of Northern Rock was rushed through to meet an emergent, immediate requirement.

Private Member Bills are put forward via: Ballot Ten minute rule Presentation of a bill

+Private Members Bill

Bills chosen by ballot have the greatest chance of being enacted. They get a full day’s debate in the chamber.

Normally, the first seven ballots drawn get a chance to be put forward.

A private members bill requires a short title and an abstract. Complete texts are not necessary, and are often never

provided.

Only a minority of private members bills ever become law. But they can be useful for raising the profile of important

issues.

+Statute and Case Law

Statute Law comes from two sources: An act of Parliament European law

Case Law is the greatest proportion of law. Based on precedents set by a judge. Precedents usually followed by subsequent judges in similar

cases. Unless there are specific features that differentiate.

Impossible for a common citizen to know all case law. Or even a majority of it.

+Types of Law

Within the UK, we have two categories of law. Statute Law, enacted by a parliament (also covers European Law) Case Law

Precedents as laid down by the judicial system. Precedents are usually honoured unless there are specific

features that distinguish one case from another.

Statute Law may explicitly define, or enable named individuals to act as delegates.

Even in cases of statute law, they are subject to interpretation by judges. Dealing with ambiguity Dealing with changing circumstances

+Interpretation of Law

If the law is clear

use that law

Else if the law is ambiguous but there is only one sensible meaning

use that sensible meaning

Else

try to honour the spirit of the law

+Case Law

Judges can override precedent provided there are: Facts that make it different from a previous case Previous case too obscure Previous case inconsistent with the law (a wrong decision) Previous case did not take into account the full precedents

of case law A new statute overrules the previous decision There are multiple conflicting precedents.

+Civil versus Criminal Law

We also have two categories of law being referenced. Criminal law, in which society is at risk.

Murder Manslaughter Theft

Civil law, which is about the resolution of contractual disputes. Divorce Breach of contract

Criminal cases can be prosecuted in civil courts under certain circumstances. Sometimes they are pursued concurrently.

+Criminal Law

Within criminal law, the crime is investigated by the police. And then prosecuted by the Crown Prosecution Service Ruled on by a judge and jury or a magistrate

The judge rules on the law and the interpretation of the law.

The jury decides on the fact and innocence or guilt. Although Scottish law also allows for a third verdict of ‘not proven’

Known as the ‘innocent, but don’t do it again’ verdict.

The judge passes the sentence if pronounced guilty.

Jury instructed to rule based on ‘beyond reasonable doubt’

Civil law in contract is usually ruled on by a judge or a tribunal.

+Structure of Criminal and Civil Courts

European Court of Justice

House of Lords

Court of Appeal

Crown Court

Magistrates Court

High Court

County Court

CRIMINAL COURTS

CIVILCOURTS

Test – guiltyBeyond reasonable doubt

Test – guiltyOn the balance ofpossibilities

+Precedents

Generally, courts are bound by previous decisions. Not true at the lowest level of courts.

Too many cases, impact too trivial, appeals process already available.

The House of Lords is not bound by previous decisions. Unjust decisions can be changed without relying on

parliament.

Lower courts are bound by the decision of higher courts. Higher courts can over-rule lower level decisions.

Thus, the escalation of rights and responsibilities through various levels of court.

+European Law

Britain adopts legislation developed by the EU. This makes its way into British law through amendments and

introductions of new statutory instruments.

In many cases, EU laws can be enforced in British courts. However, sometimes cases must be tried in European courts.

The UK joined the EU in 1973, and as part of that agreed to: All such rights, powers, liabilities, obligations and restrictions from

time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression 'enforceable Community right' and similar expressions shall be read as referring to one to which this subsection applies.

+European Law

And: The provision that may be made under subsection (2) above

includes, subject to schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament, and any enactment passed or to be passed, other than one contained in this part of this Act, shall be construed and have effect subject to the foregoing provisions of this section.

And: For the purposes of all legal proceedings any question as to the

meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any Community instrument, shall be treated as a question of law (and, if not referred to the European Court, be for determination as such in accordance with the principles laid down by and any relevant decision of the European Court or any court attached thereto).

+What?

This all boils down to one main impact: European law must be considered to be a valid and binding

source of UK law. Where European law exists on a subject, it can override

inconsistent UK law. Including acts of parliament.

When there is a breach of EU law, UK law must change in response.

Result Gradual harmonisation of laws over the EU Diminished sovereignty of parliament?

+British Legislation and Cybercrime General Offences

Computer Misuse Act 1990 Communications Act 2003 Terrorism Act 2000 Data Protection Act 1998 Malicious Communications Act 1988 Protection from Harassment Act 1997

Grooming and Abusive Images Sexual Offences Act 2003 Criminal Law Act 1977 Criminal Justice Act 1998 Common Law Sexual Offences Act 1996 Communications Act 2003 Crime and Disorder Act 1998 (amended by the Anti-Social Behaviour Act 2003) Protection of Children Act (amended by the Sexual Offences Act 2003) Obscene Publications Act 1959

+British Legislation and Cybercrime

Legislation on Procedure Police and Criminal Evidence Act 1984 Criminal Justice and Police Act 2001 Regulation of Investigatory Powers Act 2000 Civil Liberties Act 1968

Economic Crimes Theft Act 1968 & 1978 The Fraud Bill (under consideration) Forgery and Countergeiting Act 1981

+Laws relevant to computing

Computer Misuse Act (1990) Hacking and introduction of viruses.

Enumerated offences: Unauthorized access to computer material Unauthorized access to a computer system with intent to

commit or facilitate the commission of a serious crime. Unauthorized modification of computer material

Using someone’s username and password with an intent to delete files would fall under this act.

Setting Trojans to intercept passwords would be an offence.

Outputting restricted information to a screen or a printer likewise.

+However…

In 1985, the Appeal Court ruled that English courts would not have jurisdiction over a crime committed outside the country even if initiated in the UK. Such as with Gary McKinnon who hacked into 97 US military

and NASA computers during 2001 and 2002 Looking for evidence of a UFO conspiracy.

Computer hacking though is a cross-border phenomenon. It is trivial to extend outside national borders. Most of us access servers hosted in other countries all the

time.

+Data Protection Act

The DPA (1998) protects individuals against wrongful use of data. And allows them the right to correct incorrect data held

about them.

S55(1) A person must not knowingly or recklessly, without the consent of the data controller: Obtain or disclose personal data or the information

contained in personal data, or Procure the disclosure to another person of the information

contained in personal data.

Plenty of examples of this being violated.

+Malicious Communications Act

The MCA (1988) covers the sending of messages with intent to cause distress or anxiety. This includes electronic communication ‘of any description’

Importantly, this is still an offence even if the communication was never received.

It covers emails, text messages, mobile phone calls, skype, and more. It’s very broad ranging.

Consider Tom Daley during the Olympics. A 17 year old boy was arrested for sending offensive tweets

after the Olympic swimmer missed out on a medal.

+Harmonisation

In small groups, discuss the impact of harmonisation of legislation on computing crime.

Computer crime is often: Multinational Of dubious jurisdiction Complex Collaborative

What are the implications for cyber-crime enforcement?

+Conclusion

This has been a whirlwind tour of legislation in Britain. And some of the complexities within which it must operate.

While you will most likely not be setting laws in the future, you will likely have to set rules of behaviour and contract obligations.

You will certainly need to behave within the bounds of laws as a computer professional. And usually, you’ll need to agree to some formal code of

additional rules in order to join professional bodies.

There’s more on all of this to come…