1305202

ETHICAL AND
PROFESSIONAL ISSUES IN
COMPUTING
Module Four
Cybersecurity Ethics: Cyberspace and
Other Applications

First Term 2023/2024

Faculty of Information Technology
Applied Science Private University
Outline

 Cyberlaw in the realm of cyberspace and cybersecurity.

 The need for these laws.
 The differences between ethics and laws.
 Challenges in cyberlaw.

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Learning Objectives

After finishing this module, you’ll learn:

 Define the cyber law.
 Define the Cyber law and intellectual property.

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INTRODUCTION TO CYBER LAWS

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4.1 Cyber laws

 Remember that ethics is a code of responsible

behavior, while law is an outcome of ethics.
 Cyber law:
1. Cyber law may be defined as legislation that
supports acceptable behavioral use of
technology like computer hardware and
software, the Internet, and networks.
2. It guarantees that users are protected from
any harm.

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4.2 The need for cyber laws

1. Cyber laws are vital because they touch almost all aspects of trans­actions and behavior on

and concerning the Internet, the World Wide Web and Cyberspace.

2. Cyber laws ensure the right to enter into legally enforceable digital contracts.

3. Cybercrimes, for example, malware attacks, computer frauds, phishing, hacking, unauthorized

access, email hijacking, denial of service and pornography, and becoming frequent, and may

poten­tially harm sensitive data, the economy as well as the reputation of an individual or an

organization, hence cyber laws may help prevent them.

4. Almost all transactions are in electronic form and accountability is significant.

5. In numerous non-cyber crime cases as well, significant proof might be found in systems,

mobile phones, for example, in instances of separation, murder, tax avoidance, and so on.

6. Cyber law is an important part of Digital Forensics.

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4.2 The need for cyber laws

 Law is the outcome of ethics is something

that must be followed.

 Policies are guidelines that organizations

usually follow to promote cybersecurity in
their environments.

 Ethics are rules that control an individual or

society, created to decide what is good or
bad, right or wrong, in a given situation.

 Ethics are also responsible for regulating an

individual’s behavior or conduct and helps
them live a good life. This may be done by
applying the moral rules and guidelines.

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Ethics versus Legal

1.Scope and Individuality:

 Legal considerations have a broader scope, applying to a wider context.
 Ethical considerations are more individual-specific.

2.Objective vs. Personal Perspective:

 Legal judgments tend to be more objective, based on established laws.
 Ethical judgments are more personal and varied, rooted in individual
morals and values.

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Ethics versus Legal

Consider the following example:

 Obtaining data from networks.
 Here, there are two separate concerns:
 First, collecting network measurement data (e.g., packet traces)
 Second, it is publishing the data.
 Clearly, the ethical issues, in this case, are respecting users’ privacy and
respectful uses of published traces, while the legal issue is communication
privacy laws.
 Most cybercrimes have some components of Illegal as well as unethical
behavior.

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4.4 Need for cyber regulation based on cyber ethics

1. For ensuring proper cyber laws, governments in every country, public

policymakers, computer professionals, organizations, and private citizens
must all take an interest and contribute.
2. Cyber law calls for the safe and there is a need to exploit this global
information in a socially and ethically sensitive way for our future benefit
and applications.
3. Lawful collection, retention (reservation), processing, transmission, and
use of personal data of individuals.
4. Cyber ethics, therefore, provides the foundation for cyber legal principles
concerning the protection of data and other aspects of human effort in
cyberspace.
5. The global cost of cybercrime is constantly increasing.

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4.5 Cybercrime categories from the legal perspective

 The Internet is not a safe place, as it

witnesses cybercrime growing at a
rapid rate since people are
connected to devices as well as
each other digitally.
 Cybercrimes influence associations,
organizations, and governments
billions of dollars every year.
 These crimes not only target the
organizations’ economy but also
harm their reputation.

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4.5 Cybercrime categories from the legal perspective

1. Cybercrime Against Individuals:

1. These are cybercrimes that directly have an impact on any person or their
properties.
2. Credit Card extortion, human trafficking, social engineering, data fraud, and
defamation are some different instances of cybercrimes against people.

2.Cybercrime Against Companies/Organizations:

1. It may cost the company a lot of money as well as its reputation.
2. Examples of cybercrime against companies/ organizations include data
breaches, cyber extortion, malware distribution, etc.

3. Cybercrime Against Property:

1. It could be destroyed property or stolen property.
2. Some online crimes against property may affect systems, computers or
servers.
3. Example: copyright infringement.
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4.5 Cybercrime categories from the legal perspective

4. Cybercrime Against Society:

1.When cybercrime is committed against various individuals, it is known
as cybercrime against society. It affects society as a whole.
2.Financial crimes against open associations, selling unlawful products,
trafficking, web-based betting, fraud, etc., are some examples of
cybercrime against society.

5. Cybercrime Against Government:

1.When cybercrimes are committed against the government, it may be considered
as an attack on the nation’s sovereignty (authority).
2.It can result in follow up by federal cybersecurity and law enforcement agencies.
3.Such activities may also be classified under cyber terrorism and include
breaking into government systems and networks, destroying, and closing down
military sites, and spreading publicity.
4.Cybercrimes against the government may likewise incorporate hacking,
unauthorized accesses, digital warfare, cyber terrorism, and software piracy.
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4.6 Cyber law and intellectual property (IP)

Intellectual Property (IP):

 Intellectual property may be defined as
the domain of the Law that manages
ensuring the privileges of the individuals
who make unique works.
 It considers everything from unique
plays and books to creations and
company identification marks. IP laws
are capable of encouraging new
technologies, artistic expressions, and
inventions for promoting economic
growth.

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4.6 Cyber law and intellectual property (IP)

 IP and cyber law, subsequently,

are currently growing fields of
expanding significance. IP rights
identified with cyber law for the
most part fall into the
accompanying classifications

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4.6 Cyber law and intellectual property (IP)
4.6.1 Copyrights: grants rights to the creator of original works, such as musical,
dramatic, literary, and artistic works, including software codes.

Example: Protection for various forms of intellectual property transmitted over

the Internet, like books, music, movies, and games.

4.6.2 Patents: are used to protect inventions, particularly new software and
online business strategies.

Example: Some types of patents in the United States: utility patents (protecting
specific functions), design patents (protecting the appearance of manufactured
objects).

4.6.3 Trademarks: include words, phrases, symbols, or designs that distinguish

and identify the source of goods from one party to others.

Example: Protection of product and company names to prevent confusion

between brands. 16
4.6 Cyber law and intellectual property (IP)

4.6.4 Trade Secrets: refer to practices or processes of a company not generally

known outside the company, including formulas, patterns, and processes.

Example: Protection of proprietary technology used by online businesses,

though it doesn't prevent reverse engineering.

4.6.5 Domain Disputes: Disputes over ownership of web addresses, similar to

trademark disputes.

Example: Challenges regarding the ownership of web addresses.

4.6.6 Contracts: must be reviewed to ensure proper management of intellectual

property assets, as rights may be sold, licensed, or given away.

Example: It is essential for contracts to specify who owns the IP that is created
and how the IP will be treated in the future.
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4.6 Cyber law and intellectual property (IP)

4.6.7 Privacy: Online organizations must consider user privacy, balancing legal,
policy, and research considerations.

Example: Challenges in protecting user privacy in the context of law

enforcement scanning social media for evidence of criminal activity.

4.6.8 Employment: Employment contract terms often relate to cyber law,

especially non-disclosure and non-compete clauses.

Example: Addressing how employees use company email and other digital
assets in employment contracts.

4.6.9 Defamation: Defamation, often facilitated through cyber-bullying, poses

challenges in balancing free speech and the right to be free from defamation.

Example: Legal complexities arising from defamatory statements on social

media and online news sources. 18
4.6 Cyber law and intellectual property (IP)

4.6.10 Data Retention: Managing and retaining data, especially considering its
value, transmission through the Internet, and storage in multiple locations.

Example: Legal implications and challenges in retaining electronic records in the

context of litigation.

4.6.11 Jurisdiction: Jurisdiction is a significant aspect of court cases, with cyber

crimes adding complexity to legal jurisdiction.

Example: Challenges in determining jurisdiction when a cybercriminal and victim

are in different states, each with different rules. 19
4.7 Challenges In Cyber Law

One of the biggest challenges in developing cyber laws is

the concept of jurisdiction.
1. Jurisdiction might be characterized as the official capacity to settle on lawful
choices and decisions.

2. Jurisdiction seems challenging for developing cyber laws because the Internet is
virtual.

3. In a situation where two jurisdictions agree that an individual’s action is illegal, it is

hard to foresee which Law will apply if both jurisdictions have different severity of
punishment or fines.
Example:
Consider a situation where a police officer is commissioned in Seattle. He may
have no authority to arrest someone in Delaware.

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4.7 Challenges In Cyber Law

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4.7 Challenges In Cyber Law
1. Are all the crimes recognized that we see every day in
cyber‑space?
Cyber Crime is an evolving field, and therefore, as technology moves, new types
of crimes surface.

2. Are our Police responsive(quick reacting) to the public

when a complaint is made?
1. It is important to train the Police force when it comes to Cyber Crimes so that it
yields results.
2. One of the greatest underlying issues that many citizens still face is the
inability to get their complaints registered with all Police Stations and the
presence of Cyber Crime Police Stations.
3. The Police face a lack of support from Intermediaries, Internet Providers, Phone
service providers, and Web site owners.
4. A need for national-level policy formulation and further discussion concerning
how to get sensitive data without give up privacy protection.

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4.7 Challenges In Cyber Law

3. Are intermediaries and corporates co‑operative with

law enforcement?
1. Intermediaries and Corporates avoid working with law enforcement as it seems
like an intrusion to their work. Therefore, there may not be enough cooperation
even if the corporate interest is involved.
2. More often than not, Crimes done inside the corporate system are not
announced.

4. Are the expertise/experience in cyber law and cyber

forensics being amplified?
For creating the right pool of talents in cyber law and cyber forensics, the educational
plan in training needs to be geared up:
1. Creating awareness of cybercrimes at the high school level;
2. Presenting cyber laws in the curriculum)kəˈrikyələm( in graduation level;
3. Presenting information security in the educational program at the technical
and management instruction.
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4.7 Challenges In Cyber Law

5. Are cyber laws being misused for internet

censorship (supervision) and privacy
violation?
1. Importance of Legal Compliance:
People need to follow the rules and laws appropriately to meet legal requirements.

2. Concerns and Citizen Involvement:

There are worries about how notifications for legal compliance might be misused
for internet monitoring. To address this, the statement suggests involving citizens
in decisions, especially in sensitive areas like blocking websites, to ensure a fair
and transparent approach to following the rules.

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4.7 Challenges In Cyber Law

Example: Social Media Content Removal

1. Importance of Legal Compliance: Social media platforms often have
community guidelines and legal policies regarding content. Users need to
adhere to these rules to avoid violating the platform's terms of service.
2. Concerns and Citizen Involvement: If a social media platform starts
removing content without clear rules or notifications, users may become
concerned about potential misuse of the platform's authority. To address
this, the platform could involve users in discussions about content
policies, seeking their input to ensure a balanced and transparent
approach to content moderation. This way, users become active
participants in shaping the rules that govern their online interactions.

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