This essay explores the controversy over peer-to-peer (p2p) software, examining the legal and ethical dimensions of allowing software companies to develop p2p technologies. It argues that, under the Supreme Court’s ruling in the Sony betamax case, technology developers must be accorded the freedom to innovate and develop technologies that are capable of substantial noninfringing uses. This doctrine, known as the Sony doctrine, provides an important safe harbor for technological development, including p2p. The safe harbor, however, does not immunize conduct beyond (...) the design, sale, or supply of the product. For other conduct that falls outside the Sony safe harbor, the traditional standards of secondary liability apply. (shrink)

P2P (Peer-to-Peer) file-sharing or file-swapping has led to many disputes about copyright laws and has become “a worldwide problem.” This paper first describes the development of P2P and then discusses some of the disputes concerning Chinese copyright laws. Given the difficulties in implementing copyright laws in China and many other countries, this paper next analyzes the reasons why and the conditions under which P2P developed, its impact on music production, and some other general economic, social, and ethical implications of this (...) technology. The paper recognizes, on the one hand, the significance of P2P as an advanced technology for popularizing music and sharing human and spiritual values with more people, on the other hand, it points to several critical issues caused by the current illegal use of this technology for sharing copyrighted music files: e.g., the serious damage to music production and the infringement on copyright holders’ interests. It is hypothesized argue that the technological conditions, social demands, and problems with the current type of music production have deepened the present crisis, and a new type of music production is sought. Legislation should enhance such a development, support P2P technology in the interest of the public, protect copyrights, and regulate P2P stakeholders’ interests in a balanced manner according to the ethics of law. (shrink)

This essay expands upon an earlier work in which we analyzed the implications of the Verizon v RIAA case for P2P Networks vis-à-vis concerns affecting personal privacy and intellectual property. In the present essay we revisit some of the concerns surrounding this case by analyzing the intellectual property and privacy issues that emerged in the MGM Studios v. Grokster case. These two cases illustrate some of the key tensions that exist between privacy and property interests in cyberspace. In our analysis, (...) we contrast Digital Rights Management and Interoperability and we examine some newer distribution models of sharing over P2P networks. We also analyze some privacy implications in the two cases in light of the theory of privacy as contextual integrity. (shrink)

In recent years, “Information Ethics” (IE) has come to mean different things to different researchers working in a variety of disciplines, including computer ethics, business ethics, medical ethics, computer science, the philosophy of information, social epistemology and library and information science. Using an ontocentric approach, this paper seeks to define the parameters of IE and thereby increase our understanding of the moral challenges associated with Information Communication Technologies.

This paper may be read as a sequel of a 1995 paper, published in this journal, in which I predicted what sort of transformations and problems were likely to affect the development of the Internet and our system of organised knowledge in the medium term. In this second attempt, I look at the future developments of Information and Communication Technologies and try to guess what their impact on our lives will be. The forecast is that, in information societies, the threshold (...) between online and offline will soon disappear, and that once there won't be any difference, we shall become not cyborgs but rather inforgs, i.e. connected informational organisms. (shrink)

At the end of a thoughtful article on the future of nuclear war, Wiesner and York concluded that: "Both sides in the arms race are... confronted by the dilemma of steadily increasing military power and steadily decreasing national security. It is our considered professional judgment that this dilemma has no technical solution. If the great powers continue to look for solutions in the area of science and technology only, the result will be to worsen the situation.".

The term “corporate transparency” is frequently used in scholarly discussions of business ethics and corporate social responsibility (CSR); however, it remains a volatile and imprecise term, often defined incompletely as “information disclosure” accomplished through standardized reporting. Based on the results of empirical studies of organizational behaviors, this paper identifies a new set of managerial practices based on the use of information and communication technologies (ICT) and particularly Internet-based tools. These practices are resulting in what can be termed “dynamic transparency.” ICT (...) allows for an informational environment characterized by two-way exchange between corporations and their stakeholders, which fosters a more collaborative marketplace. It is proposed that such dynamic information sharing, conducted by means of ICT, drives organizations to display greater openness and accountability, and more transparent operations, which benefit both the corporations and their constituents. One of the most important outcomes that will accrue to consumers and other individuals is the “right to know,” especially about corporate strategies and activities that might directly affect their quality of life. This paper demonstrates that dynamic transparency is more desirable and more effective than the more common “static transparency” where firms’ information disclosure is one-way, usually in response to government regulation. We present three ethical arguments to justify the implementation by business firms of dynamic transparency and demonstrate that their doing so is related to CSR and to augment and complement stakeholder engagement and dialogue. The paper concludes with a summary of the possible limits to and the problems involved in the implementation of dynamic transparency for corporations, and suggests some strategies to counter them. (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of privacy. Using (...) an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share digital (...) information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)

In the paper it is argued that bridging the digital divide may cause a new ethical and social dilemma. Using Hardin's Tragedy of the Commons, we show that an improper opening and enlargement of the digital environment (Infosphere) is likely to produce a Tragedy of the Digital Commons (TDC). In the course of the analysis, we explain why Adar and Huberman's previous use of Hardin's Tragedy to interpret certain recent phenomena in the Infosphere (especially peer-to-peer communication) may not be entirely (...) satisfactory. We then seek to provide an improved version of the TDC that avoids the possible shortcomings of their model. Next, we analyse some problems encountered by the application of classical ethics in the resolution of the TDC. In the conclusion, we outline the kind of work that will be required to develop an ethical approach that may bridge the digital divide but avoid the TDC. (shrink)

The essential difficulty about Computer Ethics' (CE) philosophical status is a methodological problem: standard ethical theories cannot easily be adapted to deal with CE-problems, which appear to strain their conceptual resources, and CE requires a conceptual foundation as an ethical theory. Information Ethics (IE), the philosophical foundational counterpart of CE, can be seen as a particular case of environmental ethics or ethics of the infosphere. What is good for an information entity and the infosphere in general? This is the ethical (...) question asked by IE. The answer is provided by a minimalist theory of deseerts: IE argues that there is something more elementary and fundamental than life and pain, namely being, understood as information, and entropy, and that any information entity is to be recognised as the centre of a minimal moral claim, which deserves recognition and should help to regulate the implementation of any information process involving it. IE can provide a valuable perspective from which to approach, with insight and adequate discernment, not only moral problems in CE, but also the whole range of conceptual and moral phenomena that form the ethical discourse. (shrink)

What is the most general common set of attributes that characterises something as intrinsically valuable and hence as subject to some moral respect, and without which something would rightly be considered intrinsically worthless or even positively unworthy and therefore rightly to be disrespected in itself? This paper develops and supports the thesis that the minimal condition of possibility of an entity's least intrinsic value is to be identified with its ontological status as an information object. All entities, even when interpreted (...) as only clusters of information, still have a minimal moral worth qua information objects and so may deserve to be respected. The paper is organised into four main sections. Section 1 models moral action as an information system using the object-oriented programming methodology (OOP). Section 2 addresses the question of what role the several components constituting the moral system can have in an ethical analysis. If they can play only an instrumental role, then Computer Ethics (CE) is probably bound to remain at most a practical, field-dependent, applied or professional ethics. However, Computer Ethics can give rise to a macroethical approach, namely Information Ethics (IE), if one can show that ethical concern should be extended to include not only human, animal or biological entities, but also information objects. The following two sections show how this minimalist level of analysis can be achieved. Section 3 provides an axiological analysis of information objects. It criticises the Kantian approach to the concept of intrinsic value and shows that it can be improved by using the methodology introduced in the first section. The solution of the Kantian problem prompts the reformulation of the key question concerning the moral worth of an entity: what is the intrinsic value of x qua an object constituted by its inherited attributes? In answering this question, it is argued that entities can share different observable properties depending on the level of abstraction adopted,and that it is still possible to speak of moral value even at the highest level of ontological abstraction represented by the informational analysis. Section 4 develops a minimalist axiology based on the concept of information object. It further supports IE's position by addressing five objections that may undermine its acceptability. (shrink)

This special issue of Ethics and Information Technology focuses on the ethics of new and emerging information technology (IT). The papers have been selected from submissions to the sixth international conference on Computer Ethics: Philosophical Enquiry (CEPE2005), which took place at the University of Twente, the Netherlands, July 17–19, 2005. -/- .

The paper argues that Information Ethics (IE) can provide a successful approach for coping with the challenges posed by our increasingly globalized reality. After a brief review of some of the most fundamental transformations brought about by the phenomenon of globalization, the article distinguishes between two ways of understanding Global Information Ethics, as an ethics of global communication or as a global-information ethics. It is then argued that cross-cultural, successful interactions among micro and macro agents call for a high level (...) of successful communication, that the latter requires a shared ontology friendly towards the implementation of moral actions, and that this is provided by IE. There follows a brief account of IE and of the ontic trust, the hypothetical pact between all agents and patients presupposed by IE. (shrink)

Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT – that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of basic (...) human rights – is a reasonable and appealing notion. One potential challenge for those attempting to apply this idea, however, lies in the dynamic nature of social norms. Organizational norms evolve, often through the conscious efforts of community members and leaders. As currently formulated, ISCT offers a framework that under-appreciates the evolving nature of moral norms. In this paper, we extend ISCT by considering the circumstances under which the terms of and parties to social contracts change. We also consider a number of principles that should be considered as the terms and parties to organizational social contracts change. (shrink)

This paper analyzes the opportunities offered by information and communication technologies (ICTs) and the related ethical issues, within the transparency practices of nongovernmental organizations (NGOs). Based upon a one-year study of a European NGO, the Italian Association of Blind People, it presents compelling empirical evidence concerning the main ethical, social and economic challenges that NGOs face in the development of more transparent relationships with the public and the related role of ICTs, in particular, the organization’s website. This study shows that, (...) although the attempt to be completely transparent has great ethical value, ICT-enabled information disclosure is limited by privacy and security concerns and by pressure from financial supporters and benefactors and potential NGO competitors who vie for grants and donations. The paper provides some implications and suggestions for managers of NGOs and policy makers. (shrink)

This paper applies Wempe’s (2005, Business Ethics Quarterly 15(1), 113–135) boundary conditions that define the external and internal logics for contractarian business ethics theory, as a system of argumentation for evaluating current or prospective institutional arrangements for arriving at the “good life,” based on the principles and practices of social justice. It does so by showing that a more dynamic, process-oriented, and pluralist ‘dialogic twist’ to Donaldson and Dunfee’s (2003, ‘Social Contracts: sic et non’, in P. Heugens, H. van Oosterhout (...) and J. Vromen (eds.), The Social Institutions of Capitalism: Evolution and Design of Social Contracts (Cheltenham, UK, Edward Elgar Publishing, Ltd.) pp. 109–126; 1999, Ties that Bind: A Social Contracts Approach to Business Ethics (Boston, MA, Harvard Business School Press); 1995, Economics and Philosophy 11(1), 85–112; 1994, Academy of Management Review 19(2), 252–284.) integrated social contracting theory (ISCT) of economic ethics will further develop this promising and influential approach to moral reasoning, ethical decision-making, and stakeholder governance. This evolutionary, interactive learning-based model of ethical norm generation via dialogic stakeholder engagement is particularly appropriate within economic communities that are experiencing value conflict and pressures for institutional change. (shrink)

Information plays a major role in any moral action. ICT have revolutionized the life of information, from its production and management to its consumption, thus deeply affecting our moral lives. Amid the many issues they have raised, a very serious one, discussed in this paper, is labelled the tragedy of the Good Will. This is represented by the increasing pressure that ICT and their deluge of information are putting on any agent who would like to act morally, when informed about (...) actual or potential evils, but who also lacks the resources to do much about them. In the paper, it is argued that the tragedy may be at least mitigated, if not solved, by seeking to re-establish some equilibrium, through ICT themselves, between what agents know about the world and what they can do to improve it. (shrink)

Digitized information and network have made an enormous impact on the music and movie industries. Internet piracy is popular and has greatly threatened the companies in these industries. This study tests Hunt-Vitell’s ethical decision model and attempts to understand why and how people share unauthorized music files with others in the peer-to-peer (P2P) network. The norm of anti-piracy, the ideology of free software, the norm of reciprocity, and the ideology of consumer rights are proposed as four deontological norms related to (...) using P2P systems. The model is tested using a scenario survey with four alternatives; the results indicate that the deontological norm of anti-piracy is not a main factor in affecting P2P users’ ethical considerations regarding sharing files with others. This finding suggests that to protect their property rights, record companies should try to realize the consumer benefits brought via new digital and network technology, instead of simply declaring their intellectual property and resisting the innovations resulting from new technologies. (shrink)