COSC3325                  Final Examination Review

 

  1. Philosophical foundation of ethics

Deontology, Utilitarianism, Relativism, Consequentialism

  1. Professional Ethics

Characteristics

Codes of Ethics:  ACM, SE, IEEE, BCS

Factors affecting professional ethical decision making

a.       Deep understanding/knowledge of ethics.

b.      Upholding a coherent views on Ethics.

c.       Ability for Fair Resolution of Conflicts of interest.

d.      Refuse to accept task assignments in certain situation.

e.       Good ability to analyze real-life situations in grasping ke elements

affecting ethical decision making.

  1. Computer Application evolution

Scientific computation -> Business application -> Artificial Intelligence and Expert Systems -> Networking and WWW -> Future???

  1. Positive Social Impacts

Faster and easier information access

Information globalization

E-commerce, E-education

Telecommuting and new job creation

  1.  Negative Social Impacts

New Crimes

Health Hazards

Dehumanization

Too much dependence on computers

WWW Pornography

Job loss

  1.  Modern Cryptography

Public key systems: RSA, Diffie-Hellman Key Exchange Scheme, Digital Signature, mathematical number theory, a pair of two keys (private, public), simple algorithms, slow execution.

Symmetric systems: DES, AES, substitutions and permutations, multiple rounds of the same sequence of operations, the same private key(s) in both encryption and decryption.

  1.  US Constitution, Preamble, seven Articles.

Purposes

1.Form a more perfect Union

2.Establish justice

3.Insure domestic tranquility

4.Provide for common defense.

5.Promote general Welfare

6.Secure the blessings of Liberty to ourselves and our Posterity

 

Structure

Article-I: Congress, Section-8 (Legislative Power of Congress)

                              Section-10 (State Prohibitions)

Article-II: Executive Branch

Article-III: Judicial Branch

Article-IV:  Fair and Equal Treatments of citizens by all States.

Hierarchy of US Laws:

               Constitution

  Federal Statutes by Congress

  Executive Orders by President

  Rules and Regulations by federal administrative agencies

  State Constitutions

  State Statutes

  Rules and Regulations by state administrative agencies

  Local Ordinances (city, county)on matters of local concerns such 

  as zoning, traffic and public health

 

 

8.   Some Federal Computer laws:

A.      Copyright Protection

       What is protected:

Form of expressions of ideas rather than ideas themselves in original works of  

authorship including:

            1.         Literary work

            2.         Dramatic work

            3.         Musical work

            4.         Artistic work  

                        such as poetry, novels, movies, songs, computer software and architecture. 

            What is NOT protected includes:

1.         Facts, Ideas, Systems, Methods of Operations, Concepts or Principles ,as distinguished from a description, explanation or illustration.

2.         Works that have not been fixed in a tangible form of expression (like improvisational speeches or performances that have not been written or recorded)

3.         Titles, names, short phrases, and slogans; familiar symbols or designs; mere listings of ingredients or contents.

4.         Works consisting entirely of information that is common property and containing no original authorship such tape measures and rulers and standard calendars.

            Fair Use: An exception to copyright protection by allowing people to reproduce

                                       Copyrighted work without proper authorization for such purposes

 

 As:

a.       Teaching

b.      Research/Scholarship

c.       News Reporting

d.      Criticism/comment

   B.    Patent

          What is protected:

                     A patent for an invention is a property right to the inventor, issued by the United 
                     States Patent and trademark Office. Generally, the term of a new 
                     patent is 20 years (except 14 years for Design Patent) from the date 
                     on which an application for the patent was filed in the United States or
                     in special cases from the date an earlier related application was filed.
                     US patent grants are only effective in the US, US Territories, and US 
                     Possessions. Under certain circumstances, patent term extensions or 
                     adjustments are available.
                     The right conferred by a patent grant is "the rights to exclude others from
                     making, using, offering for sale, or selling" the invention in the United States or
                     "importing" the invention into the United States. What is granted is not
                     the right to make, use, offer for sale or import, but the right to exclude
                     others from making, using, offering for sale, selling or importing.               
                     Once a grant is issued, the patentee must enforce the patent without the
                     aid of the USPTO.
          Types
                     There are three types of patents:
                     Utility patents may be granted to anyone who invents or discovers any new and
                     useful process, machine, article of manufacture or compositions of matters
                     or any new useful improvement thereof. (Primary patent)
                     Design patent may be granted to anyone who invents a new, original, and ornamental design
                     for an article of manufacture.         
                     Plant patent may be granted to anyone who invents or discovers and asexually reproduces any
                     distinct and new variety of plants.
           Subject matter
                     The patent law specifies the general field of subject matter that can be patented
                     and the conditions under which a patent may be obtained.
                     Any person who invents or discovers 
                               any new and useful process
                               any new and useful machine
                               any new and useful manufacture
                               any new and useful composition of matter, or
                               any new and useful improvement thereof
                     can obtain a patent, subject to the conditions and requirements of the law
                     The word "process" is defined by law as a process, act, or method,
                     and primarily includes industrial or technical processes.
                     The word "manufacture" refers to articles that are made, and includes all
                     manufactured articles.
                     The term "composition of matter" relates to chemical compositions and may
                     Include mixtures of ingredients as well as new chemical compounds.
                     These classes of subject matter taken together include practically everything
                     that is made by man and processes for making the products.
 
          Exceptions:
a.       The Atomic Energy Act of 1954 excludes the patenting of inventions useful 
       solely in the utilization of special nuclear material or atomic energy for atomic weapons.
b.       Limits of subject matter that cannot be patented:
                                    mathematical formulas
                                    laws of nature
                                    physical phenomena
                                    abstract ideas,   All for lack of usefulness.
 
          Required conditions:
               Useful
               Novel
               Non-obvious

 

  C.   Computer Fraud and Abuse Act of 1986 (Title-18)

Protection against (a) obtaining information about national defense  or foreign relation (b) obtaining information in a financial records of financial institutions (c) unauthorized access to Federal Interests Computers (government agencies) (d) defrauding  Access to Federal Interests Computers obtaining anything of value, (e) hacking federal interest computers by altering, damaging and destroying information or preventing normal authorized use resulting in loss of aggregating $1000 or more per year or modifying/impairing medical examination/diagnosis/treatment/care and (f) Defrauding trafficking of government agency computers or involving interstate or foreign commerce.

 

Federal Interest Computers are:

(a)     exclusively for the use of a financial institution or exclusively for the use of the    
         United States Government,  or those used by or for a financial institution or the   
         United  United States Government and the conduct constituting the offense affects 
         the use of the financial institution's operation of such computer; or

(b)     which is one of two or more computers used in committing the offense, not all of which

         are located in the same state.

 

     D.  The National Information Infrastructure Protection Act of 1996: Amendment of Computer 
           Fraud and Abuse Act

 

         1. "Protected Computers" replaced "Federal Interest Computers" which  now include:

                  a. a computer exclusively for the use of a financial institution

                     or the United States Government, or in the case of a computer

                     not exclusively for such use,  used by or for a financial

                     institution or the United States Government and

                     the conduct constituting the offense affects that use by or

                     for the financial institution or the Government, or

                  b. a computer which is used in interstate or foreign commerce or communications.

 

          2. Provision of an additional offense: 1030(a)7

       Protection against the interstate or international transmission of threats to cause damage to   

       Protected Computer(s) with intent to extort any money or anything of value from any body

       or any organization.

 

          3. Narrowing the definition of the offense of illegally obtaining national security information.

                  1030(a)1

                  It now requires: "willfully communicates, delivers, transmits, or  caused to be communicated,

                   delivered, or transmitted, or  attempts to communicate, deliver, transmit or cause to be

                  communicated, delivered, or transmitted the same to any person not  entitled to receive it or

                   willfully retains the same and fails to deliver it to the officer or an employee of the United

                   States entitled to receive it."

 

           4. Extension of protection from unauthorized information access.  1030(a)2

                  Now the protection is provided  not just for the financial institutions' information

                  But also for that  from "Any United States Government department or agency and

                  Also for that from any Protected computers if the conduct involved an interstate or

                  Foreign communications.

 

           5. Narrowing the definition of Defrauding Protected computers.  1030(a)4

                  Unauthorized use of a Protected computer must total at least  $5,000 for a year.

 

E.  Freedom of Information Act of 1966. (Title-5, Government Organization and Employees)

     Goal: Insure the free flow of information between Government and people

1.      Guaranteed the right of people to know about the business of their government, and  

      allowed everyone to obtain reasonably identifiable information from federal agencies

        2. The Government has to disclose required info upon request.

        3. The Government has 10 days to either disclose the info or inform the person requesting it

            that it does not intend to comply with the request.

            The agency must tell the person the reasons for such refusal.

      4. Nine Exemptions.

           a.  Matters established by an Executive Order to be kept secret

               in the interest of national defense or foreign policy. (Matters of National Security)

           b. Matters solely related to the internal personnel procedures of a government agency

                       (Internal Personnel Procedure)

           c.  Matters exempted from disclosure by statutes. (Statutory Exemptions)

           d. Trade secrets and privileged financial information.        (Trade Secret)

           e.   Inter- or intra-agency "memorandums or letters which would not be available by law to

                 a party other than an agency in litigation with the agency"

                                 (Inter-/intra-agency memorandum)

           f.  Personnel or medical files.(Medical Files)

           g.  Investigation records compiled for law enforcement purposes, but only to the extent

                 that the disclosure would interfere with the enforcement proceedings or a fair trial, or

                 constitute an unwarranted invasion of privacy, or disclose the identity of a confidential

                 source or investigative techniques, or threaten the physical safety of law enforcement 

                 personnel.        (Investigation Record)

           h.  Matters contained in or related to examination, operation, or condition reports prepared

                by, on behalf of, or for the use of an agency responsible for the regulation or supervision

                of financial institutions.        (Financial Institution Reports)

i.       Geological and Geophysical information.

 

F.   Electronic Freedom of Information Act Amendments of 1996 –

           Amends the Freedom of Information Act (FOIA) to define "record" to mean information

           maintained by an  agency, as a required agency record, in any format, including an electronic

           format.

       Major changes include:

       1. broadening the definition of government records to include those maintained in electronic format.

       2. extending the legal response period from ten days to twenty days.

       3. establishing procedures for a government agency to discuss with requesters ways of       

           tailoring large requests to improve responsiveness, and

       4. broadening public access to government information by placing more material on-line.

 

G. Privacy Act of 1974  (Section 552a of Title 5, United States Code)

       1. Protects individual privacy interest from government misuse

           of federal records containing personal information.

       2. Applies to federal agencies and their contractors who hold info traceable to individuals.

       3. Provides that:

           a. agencies are allowed to collect and maintain only data that required and relevant.

           b. each agency has to specify what routine uses of info will be made by other agencies.

           c. an individual has the right to scrutinize data referring

               to the individual and request deletions or corrections following a formal process.

           d. any use of info other than the specified routine use requires the consent of the involved

               individual.

           e. every use of the info has to be accounted.

           f. an individual may sue to force an amendment to a record.

           g. an agency or an individual who willfully disclose personally identifiable info, or

               maintain a system of records in violation of this Act, may be fined.

           h. law enforcement, investigatory, and national security files are exempted from this Act.

           i. individuals may refuse to reveal their SSN unless required  by statute or unless they were

              used in the file system before 1975.

      4. Makes it unlawful for any federal, state, or local government agency to deny to any individual

          any right, benefit, or privilege provided by law because of the individual's refusal to disclose

          her/his SSN.

 

H.  Digital Millennium Copyright Act (1998)

            1.         Primarily implemented two international treaties negotiated through (WIPO) 

                        WIPO Copyright Treaty and WIPO Performances and Phonogram treaty

2.         Extended term of copyright by 20 years

            So, (a) now 70 years plus author’s life for works created after 1/1/1978

            (b) for works for hire, protection is extended from 75 years to 95 years, (c) for

 unpublished works and works in their renewed terms,  protection extended for

additional 20 years and (d) no copyrights will enter the public domain until

2019.

            3.         Anti-Circumvention.

Prohibiting the making, distributing or using of tools

                        (devices, software or services) to circumvent technological copyright

                        protection systems used by copyright holders.