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Law ethics and
Technology
Lecture 7
INTRODUCTION
– MORALITY- as the implicit set of values and norms that a specific community
considers very important, because they refer to legitimate interests, mutual
obligations and/or views of the good life.
– ETHICS- Ethics, in contrast, is reflexive morality.
– Ethics studies ethical behavior, investigating “what is good and bad”, “what is
right and wrong” and aims at the establishment and defense of rules of morality
and good life (moral philosophy). Ethics belongs to “analytic philosophy”
Ethics
– Metaethics. -investigates the nature of morality- Basic questions of metaethics are: “Do moral trues exist?
What makes them true? “Are they absolutely true or always relative to some individual or society culture?”
– It seeks to comprehend the meaning of ethical properties, attitudes, statements and judgments, and how they
can be supported.
– Normative ethics. - deals with norms or set of considerations for one to act, what is for an action to be
morally acceptable , involves the theory of “social justice” . Normative ethics is also called ‘prescriptive ethics’
because it rests on the principles that determine whether an action is right or wrong.
– Applied ethics- is concerned with the application of ethics theories in actual life. Internet of Things ethics
belongs to applied ethics. Ethics develops and studies the following practical ethical entities: • Moral
principles. • Values. • Rules and regulations. • Rules of conduct. • Ethical practices. FOR INSTANCE- ethical
behavior of company managers and other decision makers is expressed as: “An ethical decision is a decision
that a decision maker does not hesitate to communicate outside the company because the typical person in a
society would think the decision is acceptable”. This is also known as: ‘’Front Page of the Newspaper Test’: •
Would I want my decision published?
Theories
– virtue theory (Aristotle, Plato)-Principal advocators of virtue ethics theory are Plato, Aristotle, and Thomas Aquinas,
virtue ethics focuses on one’s character and the virtues for determining and evaluating ethical performance
– ,
– deontological theory (Kant)- Greek words- “deon”-meaning duty and “logos” meaning study, This theory was formulated
and developed by Immanuel Kant and is grounded in his ‘categorical imperative’ proposal. It says that we are ethically
obliged to act in accordance to a set of ethical principles and rules irrespectively of outcome.
– utilitarian theory (Mill), - an action should be morally evaluated solely on the basis of its contribution to overall utility
determined by happiness or pleasure summed among all people. For utilitarianism, happiness and pleasure are inherently
valuable, pain is inherently negatively valued, and anything else has (positive) value only if it causes happiness or prevents
suffering, i.e., if it is instrumental, or a means, to an end
– justice as fairness theory (Rawls).
– those who engage in social cooperation choose together in one act the principles which are to assign basic
rights and duties and to determine the division of social benefits.
– Rawls states: ‘People have to decide in advance how they are to regulate their claims against one another
and what is to be the foundation of charter of their society’
– In his theory, Rawls combined deontological and utilitarian theories for the evaluation of social and political
bodies. The general principle of justice as fairness says: ‘The general primary goods, liberty and
opportunity, income and wealth, and the foundations of self-respect, are to be distributed equally unless
an unequal distribution of any or all of these goods is to the advantage of the least favored’.
– This principle is divided in two parts: • Liberty principle: each human has an equal right to the widest basic
liberty compatible with the liberty of others. • Difference principle: social and economic inequalities must be
regulated so as they are reasonably expected to be to everyone’s benefit attached to positions and offices to
all.
OTHER THEORIES
– Social contract theory (Thomas Hobbes, John Locke, Jean-Jacques Rousseau, John Rawls)- apply rules that specify how we
treat others accepting the rules rationally for our mutual benefit. To formulate the rules we use the concept of ‘rights’ .
According to social contract ethics, morality consists of the set of behavioral rules that are accepted by rational people on
the condition that the other people accept them as well. Implications of social contract theory include: • The basics rights,
Civil rights
– Case-based ethics theory -this is a modern ethics system that seeks to overcome the apparently possible divide between
deontology and utilitarianism. It starts with direct immediate facts of a particular case hence the name casuistry. ‘Moral
belief and knowledge evolve incrementally through reflection on cases, without essential recourse to a top-down approach’.
In this belief, case-based ethical reasoning is analogous to case law
– Value-based ethics theory- this ethical theory uses some value system that consists of the ordering and prioritization of
ethical and ideological values that an individual or society holds. Values are categorized as:Ethical values and Ideological
values
– ethical measures for
– privacy protection,
– data security,
– ownership protection,
– trust improvement,
– and the development of proper standards
LAW AND ETHICS
– Written formal document Non-written principles and rules
– Created by judicial systems Presented by philosophers and professional societies
– Compulsory for everyone Personal choice (according to conscience and ethics education)
– Interpreted by courts Interpreted by each person
– Priority decided by court Priority determined by individual
– Enforceable by police and courts Not enforced but applied at will or suggested by professional societies
Impact of Technology in Terms of Ethical Issues
• Privacy and confidentiality
• Hacking/spamming
• IPR issues
• Netiquette
• Vandalism
• Access
• Accuracy
• trust
ETHICAL
ISSUES
• society
• Economy
Impact
Ethics Principles
– In IoT activities, individuals should be treated as ends (not as means), and maintain their
rights to property, autonomy, private life, and dignity.
– • Individuals should not suffer physical or mental harm from IoT activities.
– • Benefits from the application of IoT should be added to the common good.
– • The necessity and proportionality of an IoT process should be taken into account and
capable of being demonstrated.
– • IoT applications should be performed with maximum transparency and accountability
via explicit and auditable procedures.
– • There should be equal access to the benefits of IoT accruing to individuals
(social justice).
– • IoT activities should have minimum negative impact to all facets of the natural
environment.
– IoT activities should aim to lighten the adverse consequences that data
processing may have on personal privacy and other personal and social values.
– • Adverse effects beyond the individual (groups, communities, societies) should
be avoided or minimized or mitigated.

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Law ethic and technology.pptx

  • 2. INTRODUCTION – MORALITY- as the implicit set of values and norms that a specific community considers very important, because they refer to legitimate interests, mutual obligations and/or views of the good life. – ETHICS- Ethics, in contrast, is reflexive morality. – Ethics studies ethical behavior, investigating “what is good and bad”, “what is right and wrong” and aims at the establishment and defense of rules of morality and good life (moral philosophy). Ethics belongs to “analytic philosophy”
  • 3. Ethics – Metaethics. -investigates the nature of morality- Basic questions of metaethics are: “Do moral trues exist? What makes them true? “Are they absolutely true or always relative to some individual or society culture?” – It seeks to comprehend the meaning of ethical properties, attitudes, statements and judgments, and how they can be supported. – Normative ethics. - deals with norms or set of considerations for one to act, what is for an action to be morally acceptable , involves the theory of “social justice” . Normative ethics is also called ‘prescriptive ethics’ because it rests on the principles that determine whether an action is right or wrong. – Applied ethics- is concerned with the application of ethics theories in actual life. Internet of Things ethics belongs to applied ethics. Ethics develops and studies the following practical ethical entities: • Moral principles. • Values. • Rules and regulations. • Rules of conduct. • Ethical practices. FOR INSTANCE- ethical behavior of company managers and other decision makers is expressed as: “An ethical decision is a decision that a decision maker does not hesitate to communicate outside the company because the typical person in a society would think the decision is acceptable”. This is also known as: ‘’Front Page of the Newspaper Test’: • Would I want my decision published?
  • 4. Theories – virtue theory (Aristotle, Plato)-Principal advocators of virtue ethics theory are Plato, Aristotle, and Thomas Aquinas, virtue ethics focuses on one’s character and the virtues for determining and evaluating ethical performance – , – deontological theory (Kant)- Greek words- “deon”-meaning duty and “logos” meaning study, This theory was formulated and developed by Immanuel Kant and is grounded in his ‘categorical imperative’ proposal. It says that we are ethically obliged to act in accordance to a set of ethical principles and rules irrespectively of outcome. – utilitarian theory (Mill), - an action should be morally evaluated solely on the basis of its contribution to overall utility determined by happiness or pleasure summed among all people. For utilitarianism, happiness and pleasure are inherently valuable, pain is inherently negatively valued, and anything else has (positive) value only if it causes happiness or prevents suffering, i.e., if it is instrumental, or a means, to an end
  • 5. – justice as fairness theory (Rawls). – those who engage in social cooperation choose together in one act the principles which are to assign basic rights and duties and to determine the division of social benefits. – Rawls states: ‘People have to decide in advance how they are to regulate their claims against one another and what is to be the foundation of charter of their society’ – In his theory, Rawls combined deontological and utilitarian theories for the evaluation of social and political bodies. The general principle of justice as fairness says: ‘The general primary goods, liberty and opportunity, income and wealth, and the foundations of self-respect, are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favored’. – This principle is divided in two parts: • Liberty principle: each human has an equal right to the widest basic liberty compatible with the liberty of others. • Difference principle: social and economic inequalities must be regulated so as they are reasonably expected to be to everyone’s benefit attached to positions and offices to all.
  • 6. OTHER THEORIES – Social contract theory (Thomas Hobbes, John Locke, Jean-Jacques Rousseau, John Rawls)- apply rules that specify how we treat others accepting the rules rationally for our mutual benefit. To formulate the rules we use the concept of ‘rights’ . According to social contract ethics, morality consists of the set of behavioral rules that are accepted by rational people on the condition that the other people accept them as well. Implications of social contract theory include: • The basics rights, Civil rights – Case-based ethics theory -this is a modern ethics system that seeks to overcome the apparently possible divide between deontology and utilitarianism. It starts with direct immediate facts of a particular case hence the name casuistry. ‘Moral belief and knowledge evolve incrementally through reflection on cases, without essential recourse to a top-down approach’. In this belief, case-based ethical reasoning is analogous to case law – Value-based ethics theory- this ethical theory uses some value system that consists of the ordering and prioritization of ethical and ideological values that an individual or society holds. Values are categorized as:Ethical values and Ideological values
  • 7. – ethical measures for – privacy protection, – data security, – ownership protection, – trust improvement, – and the development of proper standards
  • 8. LAW AND ETHICS – Written formal document Non-written principles and rules – Created by judicial systems Presented by philosophers and professional societies – Compulsory for everyone Personal choice (according to conscience and ethics education) – Interpreted by courts Interpreted by each person – Priority decided by court Priority determined by individual – Enforceable by police and courts Not enforced but applied at will or suggested by professional societies
  • 9. Impact of Technology in Terms of Ethical Issues • Privacy and confidentiality • Hacking/spamming • IPR issues • Netiquette • Vandalism • Access • Accuracy • trust ETHICAL ISSUES • society • Economy Impact
  • 10. Ethics Principles – In IoT activities, individuals should be treated as ends (not as means), and maintain their rights to property, autonomy, private life, and dignity. – • Individuals should not suffer physical or mental harm from IoT activities. – • Benefits from the application of IoT should be added to the common good. – • The necessity and proportionality of an IoT process should be taken into account and capable of being demonstrated. – • IoT applications should be performed with maximum transparency and accountability via explicit and auditable procedures.
  • 11. – • There should be equal access to the benefits of IoT accruing to individuals (social justice). – • IoT activities should have minimum negative impact to all facets of the natural environment. – IoT activities should aim to lighten the adverse consequences that data processing may have on personal privacy and other personal and social values. – • Adverse effects beyond the individual (groups, communities, societies) should be avoided or minimized or mitigated.