22 Legal and ethical issues of using ICT

DR. Geeta R Thakur

epgp books

 

Module structure

 

21.0 Learning Outcomes

21.1 Introduction

21.2 Copyright

21.3 Steps to protect copyright

21.4 Copyright infringement/violation

21.5 Plagiarism

21.6 Prevention from plagiarism

21.7 Hacking

21.8 Prevention from hacking

21.9 Let us sum up

 

21.0 LEARNING OUTCOMES

 

After going through this module you will be able to:

  • Tell the meaning of copyright, hacking and plagiarism.
  • Explain how to avoid copyright violation and how to protect copyright.
  • Explain how to prevent from being hacked.
  • Explain how to prevent from indulging in plagiarism.

 

21.1 INTRODUCTION

 

With so many people using computers today and many of them being connected to the internet, gives rise to many problems. Information is easily accessible, and so it has become easy to download or copy information. This leads to problems like plagiarism and copyright violation. Many users worry that others will misuse their computers and might steal their data to commit fraud. These are some of the legal and ethical issues related to using ICT and teachers need to have a reasonable amount of information about these issues.

 

21.2 COPYRIGHT

  • Copyright means that the owner has complete control of what can be done and to what extent with his/her original intellectual work . The original work is protected under copyright and thus it cannot be stolen or copied without the permission of the owner. .
  • “Copyright is a legal device that provides the creator of a work of art or literature, or any work that conveys information or ideas, the right to control how the work is used” (Fishman, 2008).
  • The intent of copyright is to advance the progress of knowledge by giving the author of a work an economic incentive to create new works (Loren, 2000).
  • Copyright provides the owner an exclusive right to reproduce the original work or prepare derivative works from the original work, and distribute it publicly. For e.g. if somebody wants to develop a play on your short story, you have the right to license your work and permit others to use it and get paid for it.
  • A Copyright protects the expression in some tangible form eg: a literary work like novels, stories, dramatic work such as plays, music etc. but it does not protect an idea or the titles of works.
  • The original work is often displayed with the © symbol to display that it is copyrighted. Example: © T. Genne 2007.

 

Obtaining Copyright:

 

You have copyright protection as soon as you make the expression in a tangible format.

 

Copyright is automatic and requires no paperwork.

 

Works that can be copyrighted:

 

Tangible, original expressions can be copyrighted whereas a verbal presentation that is not recorded or written down cannot be copyrighted.According to the United States Copyright Office (2008), there are three fundamental requirements for something to be copyrighted:

  • Fixation: The item must be fixed in some way. It can be done by writing something on a piece of paper, posting online, or storing on a computer or phone, or on an audio or video device.
  • Originality:The work must be original. Originality can be a novel or a student’s email message to a professor. Both are considered examples of original expression.
  • Minimal Creativity: The work must include something that is above and beyond the original. A reference to the original work that is used to discuss a new concept would be considered original.

 

Protection provided by the copyright:

 

Copyright provides the authors a fairly substantial control over their work and protects it from being misused. The four basic protections that the copyright provides are the right:

  • to create copies of the original work.
  • to sell or distribute copies of the work.
  • to prepare new works based on the protected work.
  • to publish the protected work in public.

Limitations of Copyright:

 

Following types of work cannot be copyrighted:

  • Works in the public domain which includes:
  • Ideas and facts, as they are intangible.
  • Words, names, slogans, or other short phrases also cannot be copyrighted
  • Government works, which include:
  • Judicial opinions.
  • Public ordinances.
  • Administrative rulings cannot be copyrighted.
  • Works created by federal government employees as part of their official responsibility.

 

Despite providing maximum protection to the original work, copyright also has some limitations, of which Fair Use is the most significant on the copyright holder’s rights as there are no set guidelines for it. However there are exceptions and limitations also to the copyright law that people are allowed to use copyrighted material for the purpose of criticism, comment, research, news reporting and teaching.

 

21.3 STEPS TO PROTECT COPYRIGHT

 

1.Ensure your work is properly marked:

 

Although a copyright notice is not required, you must display a notice which shows that you have an awareness of copyright and take violations of your work seriously.

 

2. Register your work:

 

You should register your work as it helps you to provide a veriable proof in case of copyright violation.

 

3. Keep or register supporting evidence.

 

Supporting evidences may help to prove that you are original creator of material. It falls into two categories:

  • Evolution of ideas: This is an evidence of the progression of the work which can be in the form of early drafts, synopsis, rough recordings, sketches, etc.
  • Footprints or watermarking: This is normally an evidence inserted into finished documents.

 

21.4 COPYRIGHT INFRINGEMENT/VIOLATION

 

Copyright infringement occurs when someone copies a copyrighted work without permission and either passes it off as his or her own, or uses substantial portions of the work without permission and without fair use. To prove copyright violation, you need to prove that you are the owner of the work and that the work is entitled to copyright protection. This means that your work has the requisite level of originality. If you register and obtain your certificate of copyright within five years of creating the work, then that is evidence of the validity of the copyright. The second thing you need to prove is that there has been copying of your work. When a work becomes available for use without permission from a copyright owner, it is said to be “in the public domain” and this happens because their copyrights have expired.

 

To know how you will face the copyright issues in the classroom, click on following link.

  • http://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf
  • http://www.slideshare.net/WCU_Becca/copyright-infringement-8018424

 

21.7 PLAGIARISM

 

Plagiarism is when a project is submitted as if it is his own creation, whereas the project was prepared by copying somebody else’s work. . Let us discuss the meaning of plagiarism.

 

CONCEPT OF PLAGIARISM

 

According to the Merriam-Webster Online dictionary, to “plagiarize” means

 

  • To steal one’s original work and pass it off as their own
  • To use someone else’s production without crediting the source
  • To commit literary theft i.e. using the contents of the original work and not citing the original source.

 

To present your work as new and original idea

 

In simpler terms, plagiarism involves both stealing someone else’s work and also lying about it afterward. It is the use of another’s original words and ideas as though they were your own.

 

All of the following are considered as plagiarism:

 

  • Copying someone else’s work as your own.
  • Failing to put a quotation mark in quotations.
  • Giving incorrect information about the source of a quotation.
  • Changing the words but copying the sentence structure of a source without giving credit.
  •  Copying so many words and ideas from a source that it makes up the majority of your work, whether you give credit or not.

 

Consequences of plagiarism:

 

Following are the consequences of plagiarism.

 

• Failing in the assignment or getting poor or lower grades

 

• Failing in the class or detention

 

• Expulsion or restication from school

 

• Termination from workplace

 

• Court appearance and fines or may be both, in some cases

 

• Embarrassment and humiliation faced due to the above mentioned charges.

 

Detecting plagiarism:

  • Identify distinctive phrases (2-3 words) in student’s papers. Search for them using a search engine such as Google to detect any kind of theft from the original work.
  • Search for a relevant subject using a Web search tool, well-known ‘page mill’ sites under various topics, online databases (EBSCO, ProQuest) and CD-ROM reference tools. Once you find a suspect source, use your browser’s ‘find’ tool to locate distinctive phrases from student papers.

 

21.8 PREVENTING PLAGIARISM:

  • Plan your paper: If you know you are going to use other sources of information, you need to plan how you are going to use them. You should balance your own ideas and other sources to support it.
  • Take notes: Take notes from all your sources for a research paper so that you have much of the information organized before you begin writing. Prepare for a research paper by taking thorough notes using different colored fonts, pens, or pencils for each one, and making sure that you clearly distinguish your own ideas from those you found elsewhere. Also, get in the habit of marking page numbers, and make sure that you record bibliographic information or web addresses for every source.
  • Make it clear who said what: Even if you cite sources, make sure that when you mix your own ideas with those of your sources, you always clearly distinguish them.
  • Know how to paraphrase: A paraphrase is a restatement in your own words. Changing a few words of the original sentences does NOT make your writing a legitimate paraphrase. You must change both the words and the sentence structure of the original, without changing the content. Paraphrased passages still require citation because the ideas have come from another source, even if you are putting them in your own words.
  • Cite references and use footnote: A “citation” is the way you tell your readers that certain material in your work has come from another source. It also gives your readers the information necessary to find that source again. Giving credit to the original author by citing sources is the only way to use other people’s work without plagiarizing.

 

21.5 HACKING

 

Internet security is one of the major fears of computer users. They mainly fear the exposure of their secure documents and information and alsoof the hackers who break into their security system to get information via unethical act. Hacking is illegally accessing someone else’s computer without permission, regardless of the activity or intent. What hackers can do?

  • Invade your privacy
  • Delete information
  • Damage files
  • Impersonate you on your computer
  • Decreases owner’s right to income

 

21.6 PREVENTION FROM HACKING

  • Tough passwords: You need to have a separate password for each account, so that even if one account gets hacked, all of your important information is not accessed by hackers.. The problem is that it is tough to remember dozens of passwords. To help you with this, there are a variety of third-party software programs that will create and store passwords for you.
  • Authentication: Many email providers offer a “two-factor” authentication option in your settings.When you sign on with your password, a message is sent to your phone that prompts you to enter an additional access code which you can use .
  • Change Your Behavior: Oversharing may cause harm. Things like birth dates and graduation years can be used to access your information and so avoid sharing too many details about your life.
  • Keep back up: Use an external hard drive or an online service. Being hacked can be the gateway to identify theft or worse.
  • Keep your email secure: Your email is the centre of your online life. You should keep it most secure. If your email is hacked, hackers can access your bank accounts as well.
  • Change password frequently and use lengthy password: Your password should be changed every month or every two months and made difficult to guess. The length of your password is more important than complexity. Longer passwords means more work for hacking software and hackers generally want quick results.
  • Update your system: Programs like Acrobat PDF reader, Microsoft and Java are heavily abused by hackers. So keep these programs up to date and uninstall software you no longer use.
  • Use antivirus: Use antivirus programmes as many of them provide protection from spyware, malware and viruses.
  • Stick to secured sites: Web addresses that begin with “http” use the basic Hypertext

 

Transfer Protocol. But with “https,” the “s” on the end stands for “secure”: It authenticates the website and the Web server you are communicating with.

  • Be email cautious: Many a times, we all receive emails and do not really know who the source is. So never open an email especially an attachment from an unknown source. Infections can come from already-hacked friends, too. Example: A hacker sends an infected message to everyone in the victim’s online address book. Open its attachment and you unwillingly become an infection spreader too. Be suspicious if a friend appears to have sent you an email with no subject line, a subject line that only says “RE” or “FW” or is uncharacteristically vague or brief, especially if the email text contains an Internet link.
  • Be careful what you click. Avoid clicking links that promise free prizes or gifts. Be cautious of third-party security alerts. If you are browsing the Internet and a website’s pop-up tells you have viruses, it could be a trap to get you to download harmful files.Some hackers hire call centers overseas. They claim to be from Microsoft or whatever, they may say “we have detected a virus on your machine; go to this website, download and run this program so we can fix it for you.” This gets them inside your machine.
  • Be cautious of software downloads: If you are getting software at a discount or for free online, there are lots of pirated software out there, and there is the possibility of some sort of malware in it. When you are ordering any kind of software for any device, buy it conventionally like from a manufacturer’s website and not through links.
  • Be cautious about USB flash drives: You may get this as a gift from someone, but it could have some other software stowed away. Once on your computer, it may get access to all your files or infect your information. Any peripheral connected to a computer can infect it
  • Be alert about apps: Be careful what you put on your phone. If you go to a website you do not know, what you are buying for 99 cents could be designed by a hacker anywhere in the world. Always use reputable apps, and select them cautiously.

 

The number of platforms (like Windows, Apple, and Android) with app stores is increasing; but there are some bad alternative app stores also for Android out there. Users should stick with the official one for their platform.

 

21.9 LET US SUM UP

 

Copyright is one of the important legal issues in this technology era. Copyright protects the right of the creator of work which is fixed anyway, creative and original.

 

Copyright gives the right to make copies of work, to sell or distribute the work, to prepare new work and to perform the work in public.

 

Copyright can be protected by proper fixation of your work, by marking about copyright on your work, by registering your work and keeping supporting proof of your work.

 

Plagiarism is an important ethical issue. Pleagiarism is stealing somebody’s work and fail to give creadit of it to the original creator. Right from straightaway copying entire material to paraphrasing somebdy’s work both include in plagiarism. It is essential to plan the writing work, writing in own language, and giving references wherever necessary could be some of the ways to prevent plagiarism.

 

Hacking is both ethical and legal threatening issue. Hacking is illegally accessing someone else’s computer without permission. For preventing hacking, one should keep difficult and lengthy password, authenticate email, keep back up, keep email safe, be cautious about apps, unsecure website, email, USB drive and should update the system.

 

“It seemed that when people entered the computer center they left their ethics at the door” Donn Parker,” Rules of Ethics in Information Processing” in Communications of the ACM,1968

 

It is very essential to inculcate ethics and make people aware about issues like copyright and hacking.

 

you can view video on Legal and ethical issues of using ICT

REFERENCES:

  • Lathrop, Ann & Kathleen Foss. Student Cheating and Plagiarism in the Internet Era. Englewood, CO: Libraries Unlimited, 2000.
  • Bowman, Vibiana. The Plagiarism Plague. New York, Neal Schuman, 2004
  • http://www.iage.com/PAplagshort.ppt
  • http://www.newsobserver.com/2014/03/02/3660568/10-easy-ways-to-protect-yourself.html#storylink=cpy
  • Radcliff, Deborah,  Jan,  1999.  Internet  Security  News:  [ISN]  Hackers  for Hire.[Online]                Available at: http://www.landfield.com/isn/mail-archive/1999/Jan/0053.html
  • Wikipedia, the Free Encyclopedia, March, 2004. [Online] Available at: http://en.wikipedia.org/wiki/Hacker
  • Riley, James, 2001. Industry looks to get hacked to bits. [Online] Available at: http://www.consensus.com.au/ITWritersAwards/ITWarchive/ITWentries01/itw 01f-jr-ih36.htm
  • Kapica, Jack, March, 2004. Globetechnology: The syntax of Viruses. [Online] Availableat:http://www.globetechnology.com/servlet/story/RTGAM.20040304.gtka picamar 4/BNStory/Technology/
  • Internet and Network Security, 2004. Introduction to Intrusion Detection Systems (IDS) [Online] Available at: http://netsecurity.about.com/cs/hackertools/a/aa030504_2.htm
  • Internet and Network Security, 2004. Hacker tools – Utilities used by hackers,crackers & phreaks. [Online] Available at: http://netsecurity.about.com/cs/hackertools/
  • Panda Software, 2004. Panda Software – About. [Online] Available at: http://us.pandasoftware.com/about/press/viewNews.aspx?noticia=4842
  • Platform Logic, 2004. SoBigF: Intrusion Prevention. [Online] Available at: http://www.platformlogic.com/solutions/mydoom.asp
  • http://www.umuc.edu/library/libhow/copyright.cfm