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Ethical, environmental and legal considerations

Introduction
With computer systems come some interesting issues, which affect us all. These can be discussed under three main headings: ethical issues, environmental issues and legal issues.

Ethical issues
Ethical issues are to do with our values as an individual, as a and member of a community or country and as a society. The actions we take and the decisions we make individually and collectively have an impact on various groups of people and it is the nature of that impact that we need to discuss when talking about ethics. When we talk about the ethical issues around computing systems, there are some points we can immediately make.

Accessing controversial information via the Internet
One country's laws and values are not necessarily another country's laws and values. If one country decides that hard-core pornography is perfectly legal to show and sell and their citizens put web sites on the Internet, how can another country like the UK stop people viewing this kind of material, even though it is against the law in the UK? The answer is that it can't. Nobody owns or runs the Internet so it is very difficult for anyone to have control over it. We live in a democracy and we expect freedom of expression and to a large degree freedom of information. Most citizens, however, accept that there are times when there is a 'national security' argument for having some information restricted. Before the Internet, each country could decide exactly what their nationals could have access to. Post Internet, however, the situation has completely changed. It is very easy to set up anonymous web sites that have all kinds of controversial material on including pornography, how to make a nuclear bomb and libelous gossip. This information crosses every boundary. It is therefore very difficult to convict anyone of anything anymore!

Disposing of computers
Although we discuss the disposal of computers later in this section, it is worth noting here that there are serious concerns about the recycling of computers by sending them abroad. Whilst many computers are collected by charities and sent abroad to third world countries, many are also sent abroad to be broken down and recycled. This is done in often dangerous working conditions and by people who may never have the chance to actually learn how to use a computer. There have also been instances of child labour being used to break up computers.

Employment patterns
We need to be very careful when discussing employment patterns and computers. Whilst it is true that many low paid jobs can disappear when computer systems are introduced, it is also true that many jobs are created, often higher paid, more skilled and more rewarding jobs. If you think about robots, for example, replacing people on a production line, it is clear that many of the boring, unskilled and low paid production line jobs done by humans might well disappear. It is also true, however, that there will be a need for programmers to program the robots, maintenance engineers to maintain them, skilled design engineers to build them and develop them further and so on. For some people, the introduction of computers provides opportunities although for others, there is a serious threat to their ability to make a living.

Another example of the ethical issues surrounding employment concerns call centres. Using the Internet, it is now possible to provide support services via the telephone from centres in developing countries where English is widespread and the workforce is relatively well educated, and cheap. Having these jobs abroad is very good news if you happen to be in a developing country but not such good news if you lose your job because you are now too expensive. Many companies now have support and ticketing services based in countries like India and Malaysia.

Environmental issues
Computers require energy to build. The components that make up computers use energy in their manufacture. The majority of energy sources contribute in various degrees to polluting the atmosphere and the environment. It has been estimated that to build just one computer requires approximately ten times its weight in chemicals and energy! To make one computer, according to scientists at the UN University in Tokyo, you need:

• • about 250 Kg of fossil fuel
  • over 20 Kg of chemicals
  • over 1000 different chemicals, including lead, arsenic, cadmium (all toxic)
  • over 1500 Kg of water.

Around the world, we continue to make computers in huge quantities. Approximately 150 million will be made in the next 12 months alone. If you then multiply that number by the amount of energy, chemicals and water required, it is not difficult to see how computers contribute to pollution. If you also consider that a typical PC would be lucky to be in use for just three years (compared to 10 - 15 years for a car and about 15 for a fridge), you can get an idea of the numbers of PCs involved.

European legislation has been introduced that demands 70% of a PC is recycled when it is finally scrapped. Whilst governments have encouraged recycling, some people have argued that this is the wrong approach. It takes a lot of energy, they argue, to recycle computers! It can also in itself be the cause of environmental damage. For example, PCs are being transported to developing countries such as China for recycling. The process to recover metals such as copper, lead and gold from computer hardware involves the use of acid baths – and this is not good for the environment. It is also not good for the people directly involved in the recovery process. This is because health and safety standards are well below those of the developed countries and the appropriate protective equipment is rarely provided.

A better plan of attack would be to reduce the number of computers being built in the first place. This could be done, for example, by:

• • Encouraging people to buy second-hand PCs with warranties - not many people know about the existence of companies who buy and refurbish computers.
  • Giving tax breaks to companies who buy second-hand PCs, rather than giving companies tax breaks to buy new PCs.
  • Refurbishing PCs and sending them to developing countries for use there.
  • Encouraging people to upgrade existing PCs with new innovations, rather than upgrading their entire PC.
  • Encouraging PC manufacturers to invest in making products last longer.
  • Encouraging a paperless society. A lot of hard copy is still produced. The more paper used, the more trees have to be cut down. Even if these are from renewable sources, turning trees into paper involves energy as well as involves making parts of forests an eyesore.

Legal issues
As computers have become more widespread, so the need for legislation has grown. There now exists legislation that seeks to protect our health and safety while working with computers, to protect our privacy, to ensure that those who seek to carry out criminal acts using computer technology are punished and to ensure that intellectual rights to material are protected. One major problem with any country's legislation, however, is that it is difficult to enforce those laws if the 'crime' is carried out in another country. The Internet is a worldwide phenomenon that crosses the boundary of every country. What is illegal in one country may be perfectly legal in another country, or may simply be impossible to enforce. There are lots of good sources that deal with this issue on the Internet. Search Google using keywords like privacy, legislation, Data Protection Act, European privacy legislation, SPAM, junk mail, cookies and so on.

Data Protection Act 1998
Organisations collect data and store information about individuals. It is important, however, for each organisation to recognise that the information collected about an individual is private and that the individual has a right to expect that it stays private. Each organisation should only collect the information that it actually needs and should be up-front about what it needs it for. The DPA 1998 was an extension of the DPA 1984. It bought the 1984 Act up-to-date with European legislation and also included extra safeguards, such as including data sent over the Internet.

When an organisation wants to keep data about individuals, it must register with the Data Protection Commissioner. They have to fill in a form that

• • gives details of their organisation
  • says what data they want to collect
  • says what they want to do with it
  • says who will have access to the data.

The organisation must then use the data in the way they said they would. If it doesn't register, or uses the data in a way that it hasn't declared, then it may be subject to legal sanctions.

The DPA 1998 lays down eight principles of good practice, supported legally, which organisations must follow.

1. "Personal data shall be processed fairly and lawfully". This means that a company must be up-front about collecting personal data. It must seek permission from individuals to collect and process their personal details before they actually do it.

2. "Personal data shall be obtained only for one or more specified and lawful purposes". In other words, an organisation has to use the data they collect in the way that they said they would use the data when they registered with the Commissioner.

3. "Personal data shall be adequate, relevant and not excessive". We have already said that an organisation must declare to the Commissioner that it intends to collect data for one or more reasons. It must then collect only the information it actually needs and not collect any data that it doesn't really need.

4. "Personal data shall be accurate and, where necessary, kept up-to-date". An organisation must make attempts to ensure the information is accurate and up-to-date. For example, a school may, once a year, print off the personal details it holds about you, send them home and get someone to check, sign and return it. Any data can then be changed as necessary.

5. "Personal data ... shall not be kept for longer than is necessary". Companies must remove data if they do not need it any more. They should have a procedure in place to ensure that data kept on file is regularly reviewed.

6. "Personal data shall be processed in accordance with the rights of data subjects". An organisation must have in place a procedure to allow anyone who has data kept about them to see that data. This usually means having a form available so that any individual can request to see their data in writing. There is sometimes a small fee payable as well. The organisation must then provide the data within a fixed time.

7. "Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss". An organisation must take practical steps to ensure the data is safe and secure. These can include restricting access to files using password protection and encryption, restricting access to the hardware that can access files and having a procedure to back-up files daily and storing the back-ups in a fire safe or securely off-site.

8. "Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of protection". In other words, data cannot be sent or accessed from another country outside of the EEA unless they have similar legislation to the DPA. If you have a web site that holds personal details that can be accessed by someone from another country, then this law applies to you!

Some disadvantages of the DPA
While most people would agree that the legislation is useful, there are some drawbacks. Some people would argue that while it sounds good in practice, it is very difficult to enforce. For example, if you are running a small club and store members' details on the computer, you are supposed to be registered - but how many are? The DPA legislation means extra administration and expense for an organisation. For example, somebody has to be responsible and take the time to ensure that data is kept accurate and up-to-date. Somebody has to administer the system that allows somebody to see their details. Somebody has to be responsible for making sure a company follows the DPA. Whenever somebody has to do something, it involves that person being away from the core activities of the organisation and involves an expense for the company. Some might argue that the last principle of the Act described above is impossible and impractical to enforce. How can you monitor who accesses data from an online database via a web site from another country? How can you enforce regulations? Conviction rates are low.

Directive 95/46/EC (2000) and directive 97/66/EC
We have already said that there is a problem when one country tries to impose its values and laws on people in other countries. One approach is to have legislation that crosses national boundaries. Directive 95/46/EC is European legislation that lays down rules designed to protect the rights and privacy of individuals with regard to data kept about them across Europe. Directive 97/66/EC is another piece of legislation concerned with provisions for data privacy and protection in the telecom industry.

SPAM, cookies and Directive on Privacy and Electronic Communication (2002/58/EC)
From August 2003, it became illegal to send unsolicited emails to people, commonly known as SPAM. Emails can be sent if the recipient actually ‘opts in’ - they have agreed in advance to receive email promotions and adverts. In addition, visitors to websites had to be given information about any ‘cookies’ used and from 2011, they had to give consent for them to be used. A cookie is a small program that is placed on your computer by a web page. It collects information about you and what you look at and then sends this information back to the web page. This information can then be used for marketing purposes. You must be clearly told that a cookie is to be placed on your computer and must have the ability to decline them.

The Computer Misuse Act 1990
This law came in to being specifically to deal with hackers, people who seek to gain unauthorised access to computer systems. In the early days of computing, hackers were seen as 'a little bit naughty'. It soon became apparent that they can cause untold damage to national security, can cause havoc with a company's legitimate operations and can steal a lot of money! Existing legislation was difficult to apply to hackers. The result was the Computer Misuse Act 1990. The act does three things.

1. 1. It makes it illegal to access data to which you have no right. For example, you are not allowed to try to guess or find out a friend's password and then gain access to their files! You can be fined and jailed for up to 6 months.
   2. It makes a more serious offence of accessing data to which you have no right with the intention of carrying out other crimes. For example, if you hacked into a bank's system with the intention of stealing credit card numbers, then you would fall foul of this law. You can be fined and jailed for up to 5 years.
   3. It makes it illegal to change any data. If you hack into an area to which you have no right and start deleting files or modifying data then you will be breaking this law. You can be fined and jailed for up to 5 years.

The Copyright and Patents Act 1988
People who write, paint, compose music, design web pages or invent something, for example, have 'intellectual rights' over what they have done. They own the copyright. This means that somebody who wants to use what they have done must get permission first from the copyright owner. The copyright holder can refuse to give permission, give permission freely, give permission but attach some conditions of use or could charge for permission. These rights are enshrined in law in The Copyright and Patents Act 1988. For example, If you find a web site you like, you cannot make copies of the web site. You cannot burn copies of the web site on to CD without permission nor can you use images you found there without permission. Many web sites, photographs and images now incorporate software that 'stamps' the images with the copyright owner's details. If you do a computing project as part of your course, you cannot include work in your project that somebody else has done without properly giving credit to the author. If you do use somebody else's work without giving it due credit then this is known as plagiarism. It is both unethical and a breach of copyright. There are many web sites offering projects for sale for both school work and university work. Educational institutions and exam boards have become very wise to these sites and now regularly run software through submitted coursework to look for passages that have been stolen.

The Management of Health and Safety at Work Regulations 1992 / Electricity at Work Regulations 1989
Computing technology and how it is used has thrown up many questions in relation to health and safety. There have been concerns regarding the radiation emitted by VDUs, the strain placed on eyes by looking for long periods at computer screens, the effects of repetitive movements on bones (Repetitive Strain Injury), the effects of sitting incorrectly at computers and using electrical equipment in busy areas. Organisations have a responsibility to ensure that the environment workers have to carry out their jobs in is a safe one with any risks minimised. Employees also have a duty to ensure that they work safely and in accordance with any training they have been given. Health and safety legislation makes clear the obligations of both employers and employees. These are discussed later in this chapter.

Other legislation
There are other laws that have an impact on users of computers. These include the Human Rights Act 1998, the European Convention on Human Rights, the Freedom of Information Act 2000, the Anti-terrorism and the Crime and Security Act 2001.

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