The Internet and Ethical Values Chapter One * * Laws vs. Software Controlling TechnologyAttempting to control technology through law and regulation has often been futile.Correcting technology with other technology has been more effective.Ex. Laws suppressing pornography have been rough to enforce but software that filters out pornography has been more successful. * * Larry Lessig’s FrameworkFour constraints that regulate our behavior in real space: laws, norms, the market and code / architectureLaws – rules imposed by the government which are enforced by ex post (after the fact) sanctionsThe complicated IRS tax code is a set of laws that dictates how much we owe. If we break these laws we are subject to fines / penalties. * * Larry Lessig’s FrameworkSocial Norms – expressions of the community. Most have well defined sense of normalcy in norms, standards and behavior.Cigar smokers are not welcome at most functions.The Market – prices set for goods, services or labor.$3.95 for coffee and local coffee shopArchitecture – physical constraints of our behavior.A room without windows imposes certain constraints because no one can see outside. * * Real Life vs. CyberspaceSubject to the same four constraintsLaws – provide copyright and patent protectionMarkets – advertisers gravitate towards more popular web sitesArchitectural – software code such as programs and protocols (constrain and control our activities). Ex. Web sites demanding username/passwords and software deployed to filter spam and certain email.Norms – Internet etiquette and social customs. Flaming is a bad norm. * * Ethics Intrinsic human goods and the moral choices that realize those goods.There are basic human goods that contribute to human well-being or human flourishing. * * James MoorMoor’s list of core human goods (considered thin) include:LifeHappiness – pleasure and absence of painAutonomy – goods that we need to complete our projects (ability, security, knowledge, freedom, opportunity, reason) * * John FinnisFinnis’ version of human good (considered thick) includes:LifeKnowledgePlay (and skillful work)Aesthetic experienceSociabilityReligionPractical reasonableness (includes autonomy)Participation in these goods allow us to achieve genuine human flourishing * * Both Moor and Finnis BelieveUltimate good, human flourishing of ourselves and others should be our guidepost of value, serving as a basis for crafting laws, developing social institutions and regulating the Internet.Golden Rule (Matthew 7:12)“So whatever you wish that others would do to you, do also to them”Immanual Kant stated “Act so that you treat humanity always as an end and never as a means” * * Blocking SoftwareLook at the last paragraph on page 6The author believes that those that write programs or create laws should rely on ethics as their guide.Code writers need to write in such a way that preserves basic moral values such as autonomy and privacy.Many f ...

1. The Internet and Ethical Values
Chapter One
*
*
Laws vs.
Software Controlling TechnologyAttempting to control
technology through law and regulation has often been
futile.Correcting technology with other technology has been
more effective.Ex. Laws suppressing pornography have been
rough to enforce but software that filters out pornography has
been more successful.
*
*
Larry Lessig’s FrameworkFour constraints that regulate our
behavior in real space: laws, norms, the market and code /
architectureLaws – rules imposed by the government which are
enforced by ex post (after the fact) sanctionsThe complicated

2. IRS tax code is a set of laws that dictates how much we owe. If
we break these laws we are subject to fines / penalties.
*
*
Larry Lessig’s FrameworkSocial Norms – expressions of the
community. Most have well defined sense of normalcy in
norms, standards and behavior.Cigar smokers are not welcome
at most functions.The Market – prices set for goods, services or
labor.$3.95 for coffee and local coffee shopArchitecture –
physical constraints of our behavior.A room without windows
imposes certain constraints because no one can see outside.
*
*
Real Life vs. CyberspaceSubject to the same four
constraintsLaws – provide copyright and patent
protectionMarkets – advertisers gravitate towards more popular
web sitesArchitectural – software code such as programs and
protocols (constrain and control our activities). Ex. Web sites
demanding username/passwords and software deployed to filter
spam and certain email.Norms – Internet etiquette and social
customs. Flaming is a bad norm.
*

3. *
Ethics Intrinsic human goods and the moral choices that
realize those goods.There are basic human goods that contribute
to human well-being or human flourishing.
*
*
James MoorMoor’s list of core human goods (considered thin)
include:LifeHappiness – pleasure and absence of painAutonomy
– goods that we need to complete our projects (ability, security,
knowledge, freedom, opportunity, reason)
*
*
John FinnisFinnis’ version of human good (considered thick)
includes:LifeKnowledgePlay (and skillful work)Aesthetic
experienceSociabilityReligionPractical reasonableness (includes
autonomy)Participation in these goods allow us to achieve
genuine human flourishing
*

4. *
Both Moor and Finnis BelieveUltimate good, human flourishing
of ourselves and others should be our guidepost of value,
serving as a basis for crafting laws, developing social
institutions and regulating the Internet.Golden Rule (Matthew
7:12)“So whatever you wish that others would do to you, do
also to them”Immanual Kant stated “Act so that you treat
humanity always as an end and never as a means”
*
*
Blocking SoftwareLook at the last paragraph on page 6The
author believes that those that write programs or create laws
should rely on ethics as their guide.Code writers need to write
in such a way that preserves basic moral values such as
autonomy and privacy.Many feel technology is just a tool and it
is up to us whether this powerful tool is used for good or ill
purposes.
*
*
Technological RealismTwo extremes:Up to us what

5. happensTechnology locks us into inescapable
cageTechnological Realism – acknowledges that technology has
reconfigured our political and social reality and it does
influence human behavior in particular ways.
*
*
Two Broad Ethical FrameworksTeleological – rightness or
wrongness of an action depends on whether the goal or desired
end is achieved (look at the consequences – maybe OK to lie).
Sometimes called consequentialismDeontological – is an action
right or wrong. Act out of obligation or duty. Prohibition
against harming the innocent.
*
*
UtilitarianismTeleologicalMost popular version of
consequentialismRight course of action is to promote the most
general goodThe action is good if it produces the greatest net
benefits or lowest net costSee example on the bottom of page 11
- 13
*
*

6. ContractarianismDeontologicRights-basedLooks at moral issues
from viewpoint of the human rights that may be at
stakeNegative right – implies one is free from external
interference in one’s affairs (state can’t tap phones)Positive
right – implies a requirement that the holder of this right be
provided with whatever one needs to pursue legitimate interests
(rights to medical care and education)
*
*
PluralismDeontologicDuty-basedActions only have moral worth
when they are done for the sake of dutyEx. If everyone would
break promises there would be no such thing as a
promise.Consider this when looking at intellectual propertyAsk
the question “What if everybody did what you are
doing?”Respect for other human beings
*
*
7 Moral Duties
Keep promises and tell truth (fidelity)
Right the wrongs you inflicted (reparation)
Distribute goods justly (justice)

7. Improve the lot of others with respect to virtue, intelligence and
happiness (beneficence)
Improve oneself with respect to virtue, intelligence and
happiness (self-improvement)
Exhibit gratitude when appropriate (gratitude)
Avoid injury to others (noninjury)
*
*
New Natural LawGood should be done and evil avoidedThis
principle is too general.
*
*
Flaws in Moral TheoriesNone are without flaws or
contradictions4 frameworks converge on same solutions but
suggest different solutionsOne must decide which framework
they will follow and “trump” the others
*
*

8. PrinciplismPopularized by Beauchamp and Childress“At first
glance” one principle should be given more weight than others
but 4 principles are: autonomy, nonmaleficence, beneficence
and justice
*
*
AutonomyIs a necessary condition of moral
responsibilityIndividuals shape their destiny according to their
notion of the best sort of life worth living
If deprived of their autonomy, someone is not treated with the
respect they deserve.
*
*
NonmaleficenceAbove all else – do no harm
*
*
Beneficence This is a positive dutyWe should act in such a way
that we advance the welfare of other people when we are able to

9. do so
*
*
Justice Similar cases should be treated in similar waysFair
treatment
*
*