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Media Law and Ethics is a comprehensive overview and a thoughtful introduction to media law principles and cases as well as related ethical concerns relevant to the practice of professional communication.
Media Law and Ethics is a comprehensive overview and a thoughtful introduction to media law principles and cases as well as related ethical concerns relevant to the practice of professional communication.
This presentation is for use when covering media law in an introductory mass media course. Includes laws impacting the media, new laws, legal changes, definitions of laws, controversy, 1st amendment laws.
1ITC358ICT Management and Information SecurityChapter 12.docxhyacinthshackley2629
1
ITC358
ICT Management and Information Security
Chapter 12
Law and Ethics
In law a man is guilty when he violates the rights of others.
In ethics he is guilty if he only thinks of doing so. – Immanuel Kant
1
Objectives
Upon completion of this chapter, you should be able to:
Differentiate between law and ethics
Describe the ethical foundations and approaches that underlie modern codes of ethics
Identify major national and international laws that relate to the practice of information security
Describe the role of culture as it applies to ethics in information security
Identify current information on laws, regulations, and relevant professional organisations
2
Introduction
All information security professionals must understand the scope of an organisation’s legal and ethical responsibilities
Understand the current legal environment
Keep apprised of new laws, regulations, and ethical issues as they emerge
To minimise the organisation’s liabilities
Educate employees and management about their legal and ethical obligations
And proper use of information technology
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Law and Ethics in Information Security
Laws
Rules adopted and enforced by governments to codify expected behaviour in modern society
The key difference between law and ethics is that law carries the sanction of a governing authority and ethics do not
Ethics are based on cultural mores
Relatively fixed moral attitudes or customs of a societal group
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Information Security and the Law
InfoSec professionals and managers must understand the legal framework within which their organisations operate
Can influence the organisation to a greater or lesser extent, depending on the nature of the organisation and the scale on which it operates
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Types of Law
Civil law
Pertains to relationships between and among individuals and organisations
Criminal law
Addresses violations harmful to society
Actively enforced and prosecuted by the state
Tort law (search Tort law in Australia)
A subset of civil law that allows individuals to seek redress in the event of personal, physical, or financial injury
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Types of Law (cont’d.)
Private law
Regulates the relationships among individuals and among individuals and organisations
Family law, commercial law, and labour law
Public law
Regulates the structure and administration of government agencies and their relationships with citizens, employees, and other governments
Criminal, administrative, and constitutional law
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Table 12-1a: Key U.S. laws of interest to information security professionals
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Table 12-1b: Key U.S. laws of interest to information security professionals
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Relevant U.S. Laws
The Computer Fraud and Abuse Act of 1986 (CFA Act)
The cornerstone of many computer-related federal laws and enforcement efforts
Amended in October 1996 by the National Information Infrastructure Protection Act
Modified several sections of the previous act, and increased the penalties for se.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. A set of rules of conduct established by
government for all members of society to
obey and follow.
3. Name all the
laws you
can think of
that might
apply to
these
situations.
4. THINGS TO CONSIDER
Provides a framework within which all
members of a society must behave
Reflects a society’s values
5. 1) PROVIDES A BASIS FOR SETTLING
DISPUTES OR DISAGREEMENTS
-peacefully through discussion and
negotiation or through the courts as a last
resort.
6. 2) ESTABLISHES RULES OF CONDUCT
-minimizes or reduces possible conflicts
ie: drinking age, speed limits, seatbelts, others???
7. 3) PROTECTS RIGHTS AND FREEDOMS
-court system, RCMP, provincial and local police forces ensure
public safety and the protection of life and property.
Criminal Law -prohibits individual’s rights
Constitutional Law -ensures individual rights aren’t taken too far
Charter of Rights and Freedoms -limits law makers and enforcers
8. 4) PROTECTION FOR SOCIETY
-protects people from groups who might take
advantage of you.
ie: Contract Law -protection from retailers,
landlords…
Labour Law -minimum wage, working
conditions
9. 1) Write down four “unfair” laws on a piece of paper.
2) Find a partner and share your statements with your partner’s.
Reach a consensus on 2 of the eight laws that you think should be
changed.
3) Find another pair to share your opinions with. Reach a consensus
on only 4 laws you feel should be changed.
4) Each group write their “bad laws” on the board.
As a class choose which are the four worst laws from all the lists.
11. Change relating to birth and
death rates, trends in
immigration, education and
employment.
Ex: pay equity for women, shift
from rural to urban in 1st
half of
20th
Century lead to
improvements in working
conditions for factories, Medicare
(Medical Care Act in 1966-Tommy
Douglas)
12.
13. Decides which level of government has
jurisdiction over new inventions.
Ex: telephone, satellite, radio, Internet…
14. People used to tolerate certain
forms of behaviour in the past
that would be considered
outrageous today. Lobby groups
react to make changes to the
Criminal Code
Ex: Increased penalties for drunk
driving, anti-smoking laws for
public places, discrimination of
minority groups…
15. Changes the law to respond to national emergencies
which arise.
Ex:
Income Tax Act - response to depression after WW1
Anti-Terrorism Act/Public Safety Act – response to terrorist
attacks on US which greatly increases the
investigative powers of police and security forces.
16. Formulated in the Magna Carta (list of legal rights that the English
barons forced King John to sign in 1215)
Says laws are necessary to keep society orderly
Applies equally to everyone, including highest officials
Every person has legal rights which can’t be taken away, unless they
break the law
Changes must occur in an orderly fashion and in a way that reflects
the decisions of a democratically elected government.