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The Internet is a substantial catalyst for continuing globalization, breaking down national boundaries and rules to allow free interchange of communications, ideas, goods and services around the world – 52% agreed that by 2020, the free flow of information on the Internet “will completely blur current national boundaries as they are replaced by… Geographically diverse and reconfigured human organizations tied together by global networks” Policy makers, users, and posters are all concerned about the degree to which we deed to impose the force of law on Internet activities. Can we count on the free market and ethics to govern Internet conduct or are government rules necessary? In other words, is market regulation, government regulation, self-regulation, or a combination of the three the best model for the Internet?
Privacy 2006 – AOL released 36 million search queries from 657,000 unidentified customers, and the New York Times traced certain searches to specific individuals 2007 – Los Angels Times reported that Time Warner subscribers in California agree in their contract that Time Warner can track what you watch on TV, the Internet addresses you visit, how long you stay at a site, and purchases you make. It also reserves the right to “disclose personally identifiable information to others,” and store said information for as long as you’re a subscriber and up to fifteen years” Patriot Act: sassed in the wake of September 1 1, 2001 to strengthen the government’s ability to deal with terrorism threats.
The act provided much broader authority for the government to issue National Security Letters (Nuns), which are administrative subpoena orders requiring appearance in court, useable without any review by a court as to reasonableness/probable cause Children’s Online Privacy Protection Act (COPRA): prohibits web sites from collecting personal information from children under 13 without parental consent and requires that parents be allowed to review and correct any information collected about their children. The FTC is charged with primary enforcement responsibility for COPRA A user’s ISP has the ability to reveal the identity of the sender or poster, based on information provided by the user when contracting for service from the ISP Mediumistic v.
Jean Doe: Mediumistic filed a complaint against Jean Doe because she posted a message on Yahoo! Finance that contained information confidential and proprietary to Mediumistic. As a result, Mediumistic sustained injury, and claimed that Doe should be held liable. “Moonshine” was called in, but Doe motioned to quash the subpoena. Trial Judge ended her motion – she’s an employee, she signed a confidential document saying that she was not going to speak freely about information she learned at the company. So she contracted her right to free speech if she’s an employee. Free speech, anonymous, but if it harms another individual, that is another way that we have a little bit of a dent in our rights for free speech. Computer Pornography and Child Exploitation Prevention Act of 1999: makes it unlawful to use a computer to solicit, lure, or entice a child or otherwise engage in sexual offenses with a child It is a deader crime to transport stolen property across state lines, even if that property is a detailed litigation strategy, which is emailed to a person or group outside the state Click fraud: ranges from repeated clicks on a competitor’s ad to run up its advertising bill to enlisting others in “paid to read” rings to generate income for the web sites hosting ads. Pushing: scampers send emails that purport to be from a bank, directing customers to a site where they are asked to enter vital information (I. E. Passwords, bank act numbers, or credit card details) Spear pushing: scampers enter social networking sites, and mine posted profiles for such information as addresses, birthdays, and friend’s names, allowing them to “tap into networks of trust”.
Then the scampers send codes that infects the computer with a virus, which and dump” scheme: when someone holding a stock artificially drives its share price up by floating exaggerated or false reports of its value through web sites, online postings, or email. When the stock price Jumps, the promoter sells shares at the inflated price. Cabinetmaking: the repeated use of electronic media (I. E. Emails, coatrooms) to harass or threaten another person – Convention on Cybercaf??: squires the “crystallization of a long list of computer activities; also requires Mounties to make sure they can snoop through Internet data in real time; obliges nations to assist each other’s investigations by monitoring Net communications Chapter 14 Ethics and Ethical Reasoning Ethics: a conception of right and wrong conduct Ethical principles: guides to moral behavior (I. E. Onsets, keeping promises, helping others, and respect are considered to be ethically and morally desirable behavior)
To determine the sentencing, the Judge computes the level of blame eased upon whether or not the company has: 1) Established standards and procedures to reduce criminal conduct 2) Assigned high-level officers responsible for 3) Not assigned discretionary authority to “risky’ individuals 4) Effectively communicated standards and procedures through training 5) Taken reasonable steps to ensure compliance – monitor and audit systems, maintain and publicize reporting system 6) Enforced standards and procedures through disciplinary mechanisms