Laws and Computers

As defined in the book Computer Ethics by E. Albacea, et al., a law “refers to an ordering principle or rule of action that people must obey or conform to.” Having this notion in mind, we are guided to do appropriate actions in developing a system. And thus, it teaches us to be logical in solving a computer problem. As a concept of rule of action, the law reminds us of the different computer laws such as the Intellectual Property Rights and E-commerce Law and various computer ethics, and that deviation in any of these laws will have corresponding consequences or punishments.


Reference:

Albacea, E. A., Payongayong, T. T, Pinpin, A. V. (2003). Computer Ethics. UPOU.

Non-Jural Laws on Computer Laws

As the world embraces many remarkable innovations in technology nowadays, the society seems to pay the price of facing damaging effects of the so-called high-technology. For one, many counterfeiting machines abound in our country and reproducing a great number of pirated audio/video cds and software installers. And do you still remember the infamous “Love Bug”? Because of these troubles, a need to create laws exclusively to define computer policy is already realized.

One particular law in the Philippine that pertains to information and communications technology is the E-commerce Law. The law prohibits and penalizes any activity that involves hacking a computer system and pirating any copyrighted works, and thus, recognizes the moral law which assures that those mentioned illegal activities will be controlled, and hopefully, will be eliminated in the country.

Another law that is made for governing computer technology is the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM ACT of the United States. The law limits spamming or sending of unsolicited e-mails by e-marketers, with the following conditions: an opt-out mechanism; a valid subject line and header (routing) information; a legitimate physical address of the mailer; and a label if the content is adult. It clearly defines a natural law because of its purpose to assure “righteousness, justice, equity and fairness” in electronic mailing.

References:

Albacea, E. A., Payongayong, T. T, Pinpin, A. V. (2003). Computer Ethics. UPOU.

Republic Act no. 8792. [Online]. Available: http://www.sapalovelez.com/IRR/Act.html.

CAN-SPAM Act of 2003. [Online]. Available:
http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003.

Melinda and the Four Laws

Case Background:
Melinda bought licensed computer software from Cyberzone. Because of the high price she paid for the purchase of the software, Melinda thought of reproducing copies of it to be sold to friends and acquaintances. Melinda knew she would be violating te law. Nevertheless, she executed her plan and sold pirated software. Comment on this situation with each of the four types of law in mind. That is, to cwhat extent does each of the four types of law apply in this case?


On the Divine Law:

What if Melinda is an atheist, and does not have any religion and does not believe in any gods? Does it mean that what she did is not covered by the Divine law? Either ways, there is nothing mentioned in the case the kind of religious group or sect Melinda belongs to, but the probability that Melinda is an atheist maybe little so I assumed that Melinda follows or at least recognizes certain church doctrines. And with this, Melinda’s action of copying the software is a clear act of plagiarism, which is also a form of stealing, and therefore, violates church teachings - specifically the Bible’s 8th commandment, that is, “Thou shall not steal.”

On the Natural Law:

Natural Law is all about being rational. What Melinda did is definitely against the law. There is also no justice in what she did because of the IPR issues. Melinda earns money out of software she never developed. Pirating disallows the software company to earn what is due to them. With these, Melinda failed in the notion of the natural law that is “observing righteousness, justice, equity and fairness”.

On the Moral Law:

As mentioned, pirating is a breach of copyright, and therefore, deemed illegal or unethical.

On the Physical Law:

Physical law is characterized by the notion of regularity and imperativeness.

Based on the notion of regularity which states that once the law “becomes operative, its efficacy will remain constant and unbreakable”. Melinda purchased software that has a license agreement with it (i.e. no. of machines that can be installed with the software).
Reproducing some copies of the software will breach the agreement, and therefore, violates the rule that is indicated in the license.

On the ground of imperativeness, Physical law is “permanent and unchangeable.” Selling pirated version of her software and allowing other people to use it as opposed to what is written in the license, altered the agreement that it should only be used in a certain degree.


Reference:

E. Albacea, et al., Computer Ethics. UPOU. Philippines. 2003.