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Legal & Ethical Issue

Apr 05, 2018

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Yamini Soni
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    Laws are enacted by governments.

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    The branch of philosophy that deals withwhat is considered to be right and wrong.

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    Legality vs. Ethics Illegal acts break the law while unethical acts may

    not be illegal Ethics

    Branch of philosophy that deals with what is consideredright or wrong

    Right and wrong not always clear Consider

    Company sells profiles of customers with information collectedthrough cookies

    Company allows personal use of Web but secretly monitorsactivity

    Company knowingly sells tax software with bugs

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    Privacy.

    Intellectual property rights & online

    privacy.

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    The right to be left alone and the right tobe free of unreasonable personal intrusion.

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    The right of privacy is not absolute.

    Privacy must be balanced against the need ofsociety.

    The publics right to know is superior to theindividuals right of privacy.

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    Reading your newsgroup postings

    Finding you in an Internet DirectoryMaking your browser collect information aboutyou

    Recording what your browser says about youMost common methods are cookies and siteregistration

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    Must fill in registration to get to site

    Sometimes sold to third parties

    User survey found (Eighth User Survey, 2009)-40% users falsify information

    -Nearly 67% (US, Europe & India) dont registerbecause of privacy concerns

    -Nearly 57% say they dont trust sites collectinginformation

    -Only 6% will always register when asked

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    Acookie is a small piece of data that is passed back and forthbetween a web site and an end users browser as the usernavigates the site.

    Cookies enable sites to keep track of users without having toconstantly ask the user to identify themselves.

    The personal information collected via cookies has the

    potential to be used illegal and unethical ways.

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    Notice/Awareness-Notice of collection practices prior to collecting information

    Choice/consent-Consumers to be made aware of options and give consent

    Access/participation-Must be able to access and challenge information

    Integrity/Security-Must be assured data is secure

    Enforcement/Redress-Government legislation or legal remedies

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    EUs Data Privacy Directive Stronger protection of personal data such

    as race, politics, finances, religion, healthand union membership

    Other countries following suit Argentina, Australia, Canada, Switzerland and

    New Zealand

    Bush rejects EU laws as being undulyburdensome

    Safe Harbor Agreement is a bridgebetween the US and European positions

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    Principles of Safe Harbor Companies must tell consumers how and why personal

    data is collected and who it's shared with Consumers must be able to request their data not be

    shared Companies must provide notice and choice before data is

    given to third parties Consumers must have access to data about them and

    have the ability to correct mistakes

    Companies must take reasonable measures to protectdata Personal data must be relevant to its intended purpose Procedures must be in place to settle complaints and

    resolve disputes

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    Intellectual property rightsAccording to the world intellectual property

    organization(WIPO),Intellectual property (IP) refersto creations of the mind: inventions, literary andartistic works, and symbols, names, images, anddesigns used in commerce.

    Intellectual property rights

    Include protections by governments through:

    Granting of copyrights and patents

    Registration of trademarks and service marks

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    Types of Intellectual property Copyrights

    Trademark

    Domain Name Patent

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    Copyrights Copyright: A right granted by a government to an

    author or creator of a literary or artistic work

    Creations that can be copyrighted include all forms ofartistic or intellectual expression

    Works copyrighted by corporations or not-for-profitorganizations are protected for 95 years

    How is something copyrighted? One way is toregister it; the second is to place a copyright markon the work

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    TrademarkAtrademark is a symbol used by businesses to

    identify their goods and services.

    Trademarks need to be registered in a country in orderto be protected by law.

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    Domain NamesAdomain name is an identification label that defines

    a realm of administrative autonomy, authority, orcontrol in the Internet, based on the Domain NameSystem (DNS).

    Example: amity.edu,hp.com,nokia.com etc.

    Cybersquatting (also known as domain squatting),

    the practice of registering domain names in order tosell them later at a higher price.

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    Patent Exclusive right granted by a government to an

    individual to make, use, and sell an invention To be patentable the invention must be genuine, novel,

    useful, and not obvious, given the current state oftechnology

    Business process patents Protect a specific set ofprocedures for conducting a particular business

    activity. In 1999 priceline.com filed a suit against

    expedia.com.

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    Online Privacy Online privacy encompasses topics like website privacy

    policies and practices, encryption, and governmentand private industry surveillance. This issue also

    involves topics such as online anonymity, preventinginappropriate disclosures of personal information, andthe online tracking of consumer behavior.

    How to protect your online privacy?

    1) Do not reveal personal information inadvertently

    2) Do not reply to spammers, for any reason.

    3) Be conscious of Web security.

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    EC Taxation, A controversial Issue.EC transactions are multiplying at aexponential rate.

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    Main Issues:

    EC, Covers a wide area locally & internationally.

    For its growth, it should be Tax free.

    Several Tax Jurisdictions, may be involved in oneTransaction.

    Applying existing tax laws, to this new medium ofexchange is difficult than imagined.

    Some people in favor and some against.

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    Issues that directly or

    indirectly effect the

    society.

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    Issues:

    The Digital Divide.

    Education.

    Public Health.

    Public Safety.

    Homeland security.

    Virtual Communities