Making Soup Without Liquid: Making Soup Without Liquid: Legal, Ethical, and Social Issues Legal, Ethical, and Social Issues

Affecting Technology Decisions in Affecting Technology Decisions in Higher EducationHigher Education

Margie Hodges ShawMargie Hodges ShawMWH2@cornell.eduMWH2@cornell.eduEDUCAUSE 2001EDUCAUSE 2001October 30, 2001October 30, 2001

Promised TopicsPromised Topics

• The Internet, ethics and the challengesThe Internet, ethics and the challenges

• Current topicsCurrent topics– Copyright, the DMCA, and file sharing applicationsCopyright, the DMCA, and file sharing applications– FERPA and general desires for privacyFERPA and general desires for privacy– First Amendment and Academic Freedom First Amendment and Academic Freedom – Appropriate useAppropriate use

• Creating effective campus IT policiesCreating effective campus IT policies

• Teaching right and wrong (Ethics in practice)Teaching right and wrong (Ethics in practice)

• Tips for success Tips for success

Reference MaterialReference Material

• URLs for “Ethics” PoliciesURLs for “Ethics” Policies– http://www.cornell.eduhttp://www.cornell.edu

• Ten Principles of Civility in CyberspaceTen Principles of Civility in Cyberspace– http://www.cornell.edu/cpl/ten_principles.htmhttp://www.cornell.edu/cpl/ten_principles.htm

• Synfax Weekly ReportSynfax Weekly Report– http://www.collegepubs.com/http://www.collegepubs.com/

• Legal Underpinnings for Creating Campus Computer Legal Underpinnings for Creating Campus Computer PoliciesPolicies– http://www.educause.edu/ir/library/html/cem9642.htmlhttp://www.educause.edu/ir/library/html/cem9642.html

• Synthesis Law and Policy in Higher EducationSynthesis Law and Policy in Higher Education– http://www.cornell.edu/cpl/synfax.htmhttp://www.cornell.edu/cpl/synfax.htm

Wires? Wires? We Don’t Need No Stinkin’ Wires!We Don’t Need No Stinkin’ Wires!

• ““Conventional” wireless Web accessConventional” wireless Web access– Well-developed in Europe and JapanWell-developed in Europe and Japan

• Gigabit speeds are comingGigabit speeds are coming• Full-video streaming over cellularFull-video streaming over cellular• WAP (Wireless Access Protocol)WAP (Wireless Access Protocol)• Proximity, GPSProximity, GPS

– Auto tollsAuto tolls– No swipe smart cards (Mobil easy-pass)No swipe smart cards (Mobil easy-pass)– GPS in cars (speed and location for parents)GPS in cars (speed and location for parents)

• Wearable computersWearable computers

IBM: Wireless ShoppingIBM: Wireless Shopping

http://www.adcritic.com/content/ibm-checkout-line.html

You Think I’m Exaggerating?You Think I’m Exaggerating?SANTA ANA, California (Reuters; Jan. 28, 2000) -- Fast food is SANTA ANA, California (Reuters; Jan. 28, 2000) -- Fast food is about to get faster in southern California, where the car is about to get faster in southern California, where the car is King, hamburgers are considered heavenly, and speed is of the King, hamburgers are considered heavenly, and speed is of the essence. essence.

Five MacDonald’s restaurants have signed a deal with a local Five MacDonald’s restaurants have signed a deal with a local transportation authority to allow motorists to zip through the transportation authority to allow motorists to zip through the drive-through line without having to stop and pay for their food drive-through line without having to stop and pay for their food -- cutting 15 seconds off the normal 131 second-wait.-- cutting 15 seconds off the normal 131 second-wait.

The trick is utilizing the same technology that permits motorists The trick is utilizing the same technology that permits motorists to skip stops at Orange County toll roads. A transponder on some to skip stops at Orange County toll roads. A transponder on some cars emits a signal to antennae on the toll roads, automatically cars emits a signal to antennae on the toll roads, automatically calculating the fee. The motorists will then be billed. . . . calculating the fee. The motorists will then be billed. . . . Customers using this faster service (to buy the burgers) will be Customers using this faster service (to buy the burgers) will be automatically billed for their food when they receive their automatically billed for their food when they receive their statement from the same agency that oversees the toll road statement from the same agency that oversees the toll road accounts….accounts….

The Future of StorageThe Future of Storage• Atoms/bitAtoms/bit

– 1954: 1,000,000,000,000,000,0001954: 1,000,000,000,000,000,000– 2000: 20,000,0002000: 20,000,000– 2020: 1,0002020: 1,000– In labs today: 1bit/atomIn labs today: 1bit/atom– Theoretical: Many bits/atomTheoretical: Many bits/atom

• Cost/bitCost/bit– 1954: 1 GB = $10,000,0001954: 1 GB = $10,000,000– 2000: 1 GB = $202000: 1 GB = $20– 2020: 1TB < $1 (pocket change)2020: 1TB < $1 (pocket change)

• .01 brain.01 brain

The Future of ProcessingThe Future of Processing• Computations/secondComputations/second

– 1900: .0000011900: .000001– 2000: 1,000,000,0002000: 1,000,000,000

• Brain of a lizardBrain of a lizard

– 2020: 1,000,000,000,000,0002020: 1,000,000,000,000,000• Brain of a humanBrain of a human

• Energy/OperationEnergy/Operation– 1940: 10,000,000,000 picoJoules1940: 10,000,000,000 picoJoules– 2000: .000001 picoJoules2000: .000001 picoJoules– 2020: Room temperature2020: Room temperature

Size Matters: Size Matters: Now You See IT . . .Now You See IT . . .

• 1996: several cubic feet1996: several cubic feet• 2000: size of a match-head2000: size of a match-head• 2004: “smart dust”2004: “smart dust”

– Consider military implicationsConsider military implications– Consider privacy implicationsConsider privacy implications– Consider medical implicationsConsider medical implications

• There are more pacemakers in people’s chest There are more pacemakers in people’s chest than there are palm pilots on people’s belts (or than there are palm pilots on people’s belts (or in purses)in purses)

The Mobile Internet The Mobile Internet • The Internet, untetheredThe Internet, untethered

– But, remember the horseless carriage?But, remember the horseless carriage?

• Connected cell phones in TokyoConnected cell phones in Tokyo– Information bits - directed specific informationInformation bits - directed specific information

• Wi-FiWi-Fi

• Palm pilots in AmericaPalm pilots in America

• Computers talking to computersComputers talking to computers

• “ “The future is already here, it is just The future is already here, it is just unevenly distributed” William Gibsonunevenly distributed” William Gibson

HP: Cell Phone Tram TrackingHP: Cell Phone Tram Tracking

http://www.adcritic.com/content/hp-invent-snowballs.html

The World Our CustomersThe World Our Customers Live In Live In

• Inverted life-cycleInverted life-cycle– College is no longer the technology bubbleCollege is no longer the technology bubble– The burden of installing a user baseThe burden of installing a user base

• Electronic communication is the normElectronic communication is the norm– From the time they are very youngFrom the time they are very young– It is about relationships/communicationIt is about relationships/communication

• Who is mentoring whom? Or who should Who is mentoring whom? Or who should be mentoring whom? Or who will be be mentoring whom? Or who will be mentoring whom?mentoring whom?

IBM: Christmas Present IBM: Christmas Present Assembly DirectionsAssembly Directions

http://www.adcritic.com/content/ibm-christmas-magic.html

How Will Society Cope With These How Will Society Cope With These Changes?Changes?

• Compare with telephone technologyCompare with telephone technology– Answering machines and etiquetteAnswering machines and etiquette– Cell phones and privacyCell phones and privacy

• Society reactions may be unstable or Society reactions may be unstable or varied before settlingvaried before settling– Balance of priorities Balance of priorities – Consider the use of the internet following Consider the use of the internet following

the events of September 11, 2001the events of September 11, 2001

Technology: Where will it take us? Technology: Where will it take us?

• Convenience is one thing, but what will Convenience is one thing, but what will technology really do for society?technology really do for society?

• How will those who truly understand How will those who truly understand technology make a difference in the world?technology make a difference in the world?

• Connections, communications, communityConnections, communications, community– http://www.mousetrax.com/pub/Tribute.swf

• The wonders of technology advancement

Nuveen Investments: Leave Your Mark

http://www.adcritic.com/content/nuveen-investments-reeves-walks.html

So, The Killer App is the PersonalSo, The Killer App is the Personal

• It is not the technology, it is what we do with It is not the technology, it is what we do with the technologythe technology

• Predicting the technology futurePredicting the technology future• Know the technology presentKnow the technology present• Current understanding of legal and ethical Current understanding of legal and ethical

issuesissues• What are your institutional valuesWhat are your institutional values• What is the educational missionWhat is the educational mission

• How does IT enhance the educational How does IT enhance the educational missionmission

Alan Greenspan - June 10, 1999

• “But scientific proficiency will not be enough. Skill alone may not be sufficient to move the frontier of technology far enough to meet the many challenges that our nation and educational system will confront in the decades ahead. And technological advances alone will not buttress the democratic institutions, supported by a rule of law, which are so essential to our dynamic and vigorous American economy. Each is merely a tool, which, without the enrichment of human wisdom, is of modest value.”

Copyright, The DMCA and File Copyright, The DMCA and File Sharing ApplicationsSharing Applications

• Copyright law applies to the InternetCopyright law applies to the Internet– Education is keyEducation is key

• Schneider v. Amazon.com, 31 P.3d 37 Schneider v. Amazon.com, 31 P.3d 37 (Wash. App. 2001)(Wash. App. 2001)– September 17, 2001September 17, 2001– The Court rejected the claim that Amazon was The Court rejected the claim that Amazon was

liable for a reviewer’s libelous postingliable for a reviewer’s libelous posting

Schneider: Section 230 ImmunitySchneider: Section 230 Immunity• The defendant must be a provider or user of The defendant must be a provider or user of

an “interactive computer service”an “interactive computer service”– An information service that “enables multiple An information service that “enables multiple

user access to a computer server”user access to a computer server”

• The asserted claims must treat the defendant The asserted claims must treat the defendant as a publisher or speaker of informationas a publisher or speaker of information– Claim was on breach of contractClaim was on breach of contract

• And the information must be provided by And the information must be provided by another “information content provider”another “information content provider”– Statute mandates immunityStatute mandates immunity

FERPA and Privacy IssuesFERPA and Privacy Issues

• There are relevant laws, most importantly There are relevant laws, most importantly FEPRA, but . . . FEPRA, but . . .

• ““Consumer privacy issues are a red herring. Consumer privacy issues are a red herring. You have zero privacy anyway. Get over You have zero privacy anyway. Get over it.”it.”• Sun CEO Scott McNealySun CEO Scott McNealy

• The key to handling computer privacy issues The key to handling computer privacy issues successfully: Ignore the lawsuccessfully: Ignore the law• Steven J. McDonald, The Ohio State UniversitySteven J. McDonald, The Ohio State University

• Set expectations with institutional policiesSet expectations with institutional policies

First Amendment and Academic First Amendment and Academic Integrity Issues Integrity Issues

• PornographyPornography• Hate speechHate speech• Undesirable speechUndesirable speech• Appropriate use of computersAppropriate use of computers

• Pictures of pets on webpagesPictures of pets on webpages

• Technology enhanced cheating Technology enhanced cheating • Turn paper millsTurn paper mills• Cut and paste plagiarismCut and paste plagiarism

• The Center for Academic Integrity and The The Center for Academic Integrity and The Values InstituteValues Institute

What is Appropriate Use What is Appropriate Use • The answer depends on the institutionThe answer depends on the institution

• What are the institutional missions and What are the institutional missions and goalsgoals

• Are you a for-profit institutionAre you a for-profit institution

• Are you a college or university Are you a college or university • Religiously affiliatedReligiously affiliated

• Thoughtful, consistent policies Thoughtful, consistent policies

• Institution specificInstitution specific

• In compliance with current lawIn compliance with current law

What is an Institutional PolicyWhat is an Institutional Policy

• It has broad application throughout the institutionIt has broad application throughout the institution• It helps ensure compliance with applicable laws It helps ensure compliance with applicable laws

and regulationsand regulations– Promotes operational efficiencyPromotes operational efficiency– Enhances the institution’s missionEnhances the institution’s mission– Reduces the institution’s riskReduces the institution’s risk

• It mandates actions or constraints and contains It mandates actions or constraints and contains specific procedures for compliancespecific procedures for compliance

• The subject matter requires high level review and The subject matter requires high level review and approval for issuance and major changesapproval for issuance and major changes

Policy BenefitsPolicy Benefits• Mold the institutional cultureMold the institutional culture

– Establish expectations and normsEstablish expectations and norms• Do things in advanceDo things in advance

– Planning in non-crisis modePlanning in non-crisis mode– Allows for appropriate participationAllows for appropriate participation– Time for buy-inTime for buy-in

• Lessen the institutional liabilityLessen the institutional liability– ConsistencyConsistency– Accountability (who is in charge?)Accountability (who is in charge?)

• Influence the development of the lawInfluence the development of the law– Role of higher educationRole of higher education

Policy EssentialsPolicy Essentials

• Have support for the policy from the topHave support for the policy from the top• Identify the policy “owner”Identify the policy “owner”• Explain the purpose of the policyExplain the purpose of the policy• Link the policy to other institutional policiesLink the policy to other institutional policies• State what the policy coversState what the policy covers• State who is coveredState who is covered• Provide specific examples of covered activitiesProvide specific examples of covered activities• Provide information on how to report non-Provide information on how to report non-

compliancecompliance• Specify consequences of non-complianceSpecify consequences of non-compliance

Policy ProcessPolicy Process• High level management supportHigh level management support

– California Institute of TechnologyCalifornia Institute of Technology• Under the signature of the PresidentUnder the signature of the President

• Policy “owner”Policy “owner”– Cornell UniversityCornell University

• Responsible Executive Officer, Vice Pres. for ITResponsible Executive Officer, Vice Pres. for IT

• Stakeholder identificationStakeholder identification– Virginia Community College SystemVirginia Community College System

• Student and Patron policy Student and Patron policy • Employee PolicyEmployee Policy

• Understanding vs buy-inUnderstanding vs buy-in

Policy ProcessPolicy Process• Technical controls vs user behaviorTechnical controls vs user behavior• Technical feasibilityTechnical feasibility• Legal constraints and requirementsLegal constraints and requirements• Trade off between functionality and riskTrade off between functionality and risk• EducationEducation• EnforcementEnforcement• EvolutionEvolution• But you don’t have to reinvent the wheelBut you don’t have to reinvent the wheel

– Check out sample policy languageCheck out sample policy language– CPL Policy CollectionCPL Policy Collection

Policy Language: General StatementsPolicy Language: General Statements• The University of GeorgiaThe University of Georgia

– ““The University of Georgia is committed to The University of Georgia is committed to free and open inquiry and discussion, fair free and open inquiry and discussion, fair allocation of University resources, and the allocation of University resources, and the provision of a working environment free of provision of a working environment free of needless disruption.”needless disruption.”

• Swarthmore CollegeSwarthmore College– ““The integration of information technology The integration of information technology

into the College’s academic life has raised a into the College’s academic life has raised a number of ethical issues and rekindled number of ethical issues and rekindled some old ones. These are of serious concern some old ones. These are of serious concern for both the financial and legal health of the for both the financial and legal health of the College, but more importantly, for its College, but more importantly, for its philosophical well-being.”philosophical well-being.”

PrivacyPrivacy

• The Grossmont Union High School DistrictThe Grossmont Union High School District– “…“…the Grossmont District reserves the right to the Grossmont District reserves the right to

monitor all traffic on the network.”monitor all traffic on the network.”

• Carnegie Mellon University Carnegie Mellon University – ““Every member of Carnegie Mellon has two basic Every member of Carnegie Mellon has two basic

rights: privacy and a fair share of resources. It is rights: privacy and a fair share of resources. It is unethical for any other person to violate these unethical for any other person to violate these rights…. Network traffic should be considered rights…. Network traffic should be considered private.”private.”

– ““Accounts opened in the name of a paid employee Accounts opened in the name of a paid employee … are considered to be the property of the … are considered to be the property of the university. Employees using university accounts, university. Employees using university accounts, operated at university expense, do not have rights of operated at university expense, do not have rights of personal property regarding computer accounts.”personal property regarding computer accounts.”

Offensive MaterialOffensive Material• The Open University (UK)The Open University (UK)

• “The user must not undertake any actions that bring the name of the University into disrepute.”

• Florida Atlantic UniversityFlorida Atlantic University– “Furthermore, displaying or sending obscene

or pornographic materials to those who do not wish to see them is also a violation of the University’s sexual harassment policy, http://www.fau.edu/divdept/equalop/sex_harr.htm.”

CopyrightCopyright• Tennessee Technological UniversityTennessee Technological University

– ““Users shall utilize software only in accordance Users shall utilize software only in accordance with the applicable license agreement. Tennessee with the applicable license agreement. Tennessee Technological University licenses the use of most Technological University licenses the use of most of its computer software from a variety of outside of its computer software from a variety of outside companies. The University does not own this companies. The University does not own this software or its related documentation and, unless software or its related documentation and, unless authorized by the license, does not have the right authorized by the license, does not have the right to reproduce it.to reproduce it.”

• The Grossmont Union High School DistrictThe Grossmont Union High School District– ““Suppose you find an article about the use of Suppose you find an article about the use of

Microsoft Works on the Internet. Can you legally Microsoft Works on the Internet. Can you legally copy it? The answer is yes, as long as you give copy it? The answer is yes, as long as you give credit to the author and do not sell the article for credit to the author and do not sell the article for profit.”profit.”

– This is WRONG!!!!This is WRONG!!!!

Teaching Right and WrongTeaching Right and Wrong• Before the fact (Teach by example)Before the fact (Teach by example)

– Well considered institutional policiesWell considered institutional policies– Consistent with the institutional missionConsistent with the institutional mission– Created with appropriate participationCreated with appropriate participation– Well publicized through multiple mediaWell publicized through multiple media– Educational programsEducational programs

• After the fact (Good models)After the fact (Good models)– MIT STOPIT programMIT STOPIT program– University of Maryland - College ParkUniversity of Maryland - College Park

• http://www.inform.umd.edu/CampusInfo/Departments/JPO/ethics/

– Education firstEducation first

University of Virginia: University of Virginia: Responsible ComputingResponsible Computing

http://www.itc.virginia.edu/pubs/docs/RespComp/videos/home.html

Cornell University: Travelers of Cornell University: Travelers of the Electronic Highwaythe Electronic Highway

The following url includes a link to the Cornell TEH material, including five video clips. There is one other clip (the one that I showed about intellectual property for students). If you are interested in that clip, please contact Judy Hyman, jh21@cornell.edu. If you use these clips, please credit Cornell.

http://www.cit.cornell.edu/training/materials/

facstaff/fsTEH/presentation.html

The Educational Challenge

• "The biggest educational challenge we face revolves around developing character, conscience, citizenship, tolerance, civility, and individual and social responsibility in our students. We dare not ignore this obligation in a society that sometimes gives the impression that virtues such as these are discretionary. These should be a part of the standard equipment of our graduates, not options.”– National Association of State Universities and Land

Grant Colleges ("Returning to Our Roots: The Student Experience." 1997).

Policy ResourcesPolicy Resources• Cornell Computer Policy and Law Program Cornell Computer Policy and Law Program

– Policy collectionPolicy collection– Email listEmail list– http://www.cornell.edu/cplhttp://www.cornell.edu/cpl

• EDUCAUSE EDUCAUSE – Policy Issues Constituent GroupPolicy Issues Constituent Group– http://www.educause.edu/memdir/cg/http://www.educause.edu/memdir/cg/

policy.htmlpolicy.html• Association of College and University Policy Association of College and University Policy

Administration (ACUPA) Administration (ACUPA) – Information on how to sign up for email listInformation on how to sign up for email list– http://www.umd.edu/acupahttp://www.umd.edu/acupa

Thank You!Thank You!