Naval Postgraduate School
Fall 2008
Reading List
Welcome to Information Crime, Law and Ethics.
- Administrivia Welcome to CS3610, Information Crime, Law and Ethics.
Broadly speaking, this course is about how the legal landscape impacts information systems,
and how information systems are changing the legal landscape.
- Introduction Simson Garfinkel
- I am not a lawyer!
- Course format (readings, online discussion, writing assignments)
- Syllabus review
- Technology Review: Calendar, Blackboard
- Expectations for the course - you will do the readings, hand in the assignments, and participate in the forums.
- Grading
Introduction
This course is about rules, and what happens when they are broken. But
where do the rules that govern our society come from?
At its heart, the law that governs our society is a system of rules
that is designed to keep society orderly. In as much as possible we
want the law to have some kind of moral standing---to be fair and
just, to punish those who do things that we find morally wrong and to
reward those who engage in behavior that benefits society. The law
doesn't always do that, of course.
We would like to think that our law is designed to encourage ethical
behavior. By ethical, we mean behavior that is consistent with
some kind of moral system or philosophy. Some of the ethical
principles that US society is based upon is articulated in the
Declaration of Independence---phrases like "all men are created
equal" come to mind. Other ethical standards are frequently left unmentioned---such
as our society's approach to revenge, gambling, and the social use of
alcohol. A question that continues to be debated in modern American
society is whether or not our laws should be based on the ethical
standards set forth in the Bible---assuming that people can agree on
what those ethical standards actually are, of course.
In this course we'll see that there are many sources of both law and
ethical standards when it comes to computers and information
technology. Besides US law and regulations, many professional
organizations have adopted codes of conduct or ethics. Another source
is the actual codes that we run on our computers---they too place
limits on what can and cannot be done.
In this class we'll be discussing:
- How professional communities enforce their codes
- Relationship between these codes and the law
- Standards of behavior/morality
Overview of the US civilian Legal System
- Three branches of government. What they do and how they work.
- How are laws made (historical social influences)
- How cases progress through the civilian courts.
- The IRAC method (Issue, Rule, Analysis, Conclusion).
Issue - What are the facts of this particular case. If this is an appeals case, write a summy of the lower court's findings of fact and the procedural history (ie: the date that the person was arrested, when it went to trial, when the judgement was issued, when the appeal was filed, etc). What court authored the opinion? What was decided? If this is not an appeals case, do your best to identify the issue and the facts yourself.
Rule - What are the relevant laws, regulations, or precedents that apply to this case?
Application - How do the facts of this case apply to the rules?
Conclusion - If the case has been decided, the give the final outcome. If the case is pending, explain what you think should be the conclusion, and explain why.
As usual, Wikipedia has a good article about the IRAC, including a worked example.
Video
Assignment:
Write a 1-page brief using the IARC method of the Javier Perez Case.
Some Wi-Fi Material
Readings
- Bits Chapter 1, "Digital Explosion"
- Quinn, Chapter 1, "Catalysts for Change" (skim)
- Quinn, Chapter 2, "Introduction to Ethics" (read, unless you have an
undergraduate degree in philosophy.)
- How To Read A
Legal Opinion, by Orin Kerr
What is privacy? What is anonymity? Are they different?
Readings
- Bits Chapter 2, "Naked in the Sunlight"
- Quinn, Chapter 5, "Privacy"
Optional Readings
- The Right to Privacy,
Samuel D. Warren and Louis D. Brandeis, Harvard Law Review, December 1890.
[original scan]
[responses]
- A Pseudonymous
Communications Infrastructure for the Internet, Ian Avrum Goldberg,
PhD Thesis, University of California at Berkeley, Fall 2000
- Anonymity Loves
Company: Usability and the Network Effect, Roger Dingledine and
Nick Mathewson, The Free Haven Project, WUPSS 2004.
Slides
Assignment
Readings
- Bits Chapter 3, "Ghosts in the Machine"
- Bits Chapter 4, "Needles in the Haystack"
Slides
Readings
- Bits Chapter 5, "Secret Bits"
Assignment
Readings
- Bits Chapter 6, Balance Toppled
Readings
- Bits Chapter 7, "You can't Say That on the Internet"
References
- METRO-GOLDWYN-MAYER STUDIOS INC. V.GROKSTER, LTD 545 U.S. 913 (2005)
Readings
- Quinn, Chapter 6, "Computer and Network Security"
Readings
- Quinn, Chapter 7, "Computer Reliability"
Readings
- Quinn, Chapter 8, Professional Ethics
Readings
- Quinn, Chapter 9, Work and Wealth