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Making Soup Without Liquid: Legal, Ethical, and Social Issues Affecting Technology Decisions in Higher Education Margie Hodges Shaw EDUCAUSE.

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Presentation on theme: "Making Soup Without Liquid: Legal, Ethical, and Social Issues Affecting Technology Decisions in Higher Education Margie Hodges Shaw EDUCAUSE."— Presentation transcript:

1 Making Soup Without Liquid: Legal, Ethical, and Social Issues Affecting Technology Decisions in Higher Education Margie Hodges Shaw EDUCAUSE 2001 October 30, 2001

2 Promised Topics The Internet, ethics and the challengesThe Internet, ethics and the challenges Current topicsCurrent topics –Copyright, the DMCA, and file sharing applications –FERPA and general desires for privacy –First Amendment and Academic Freedom –Appropriate 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 successTips for success

3 Reference Material URLs for “Ethics” PoliciesURLs for “Ethics” Policies –http://www.cornell.edu Ten Principles of Civility in CyberspaceTen Principles of Civility in Cyberspace –http://www.cornell.edu/cpl/ten_principles.htm Synfax Weekly ReportSynfax Weekly Report –http://www.collegepubs.com/ Legal Underpinnings for Creating Campus Computer PoliciesLegal Underpinnings for Creating Campus Computer Policies –http://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.htm

4 Wires? We Don’t Need No Stinkin’ Wires! “Conventional” wireless Web access“Conventional” wireless Web access –Well-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 tolls –No swipe smart cards (Mobil easy-pass) –GPS in cars (speed and location for parents) Wearable computersWearable computers

5 IBM: Wireless Shopping checkout-line.html

6 You Think I’m Exaggerating? SANTA ANA, California (Reuters; Jan. 28, 2000) -- Fast food is about to get faster in southern California, where the car is King, hamburgers are considered heavenly, and speed is of the essence. Five MacDonald’s restaurants have signed a deal with a local transportation authority to allow motorists to zip through the drive-through line without having to stop and pay for their food -- cutting 15 seconds off the normal 131 second-wait. The trick is utilizing the same technology that permits motorists to skip stops at Orange County toll roads. A transponder on some cars emits a signal to antennae on the toll roads, automatically calculating the fee. The motorists will then be billed.... Customers using this faster service (to buy the burgers) will be automatically billed for their food when they receive their statement from the same agency that oversees the toll road accounts….

7 The Future of Storage Atoms/bitAtoms/bit –1954: 1,000,000,000,000,000,000 –2000: 20,000,000 –2020: 1,000 –In labs today: 1bit/atom –Theoretical: Many bits/atom Cost/bitCost/bit –1954: 1 GB = $10,000,000 –2000: 1 GB = $20 –2020: 1TB < $1 (pocket change).01 brain.01 brain

8 The Future of Processing Computations/secondComputations/second –1900: –2000: 1,000,000,000 Brain of a lizardBrain of a lizard –2020: 1,000,000,000,000,000 Brain of a humanBrain of a human Energy/OperationEnergy/Operation –1940: 10,000,000,000 picoJoules –2000: picoJoules –2020: Room temperature

9 Size Matters: Now You See IT : 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 implications –Consider privacy implications –Consider medical implications There are more pacemakers in people’s chest than there are palm pilots on people’s belts (or in purses)There are more pacemakers in people’s chest than there are palm pilots on people’s belts (or in purses)

10 The Mobile Internet The Internet, untetheredThe Internet, untethered –But, remember the horseless carriage? Connected cell phones in TokyoConnected cell phones in Tokyo –Information 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 unevenly distributed” William Gibson “The future is already here, it is just unevenly distributed” William Gibson

11 HP: Cell Phone Tram Tracking snowballs.html

12 The World Our Customers Live In Inverted life-cycleInverted life-cycle –College is no longer the technology bubble –The burden of installing a user base Electronic communication is the normElectronic communication is the norm –From the time they are very young –It is about relationships/communication Who is mentoring whom? Or who should be mentoring whom? Or who will be mentoring whom?Who is mentoring whom? Or who should be mentoring whom? Or who will be mentoring whom?

13 IBM: Christmas Present Assembly Directions christmas-magic.html

14 How Will Society Cope With These Changes? Compare with telephone technologyCompare with telephone technology –Answering machines and etiquette –Cell phones and privacy Society reactions may be unstable or varied before settlingSociety reactions may be unstable or varied before settling –Balance of priorities –Consider the use of the internet following the events of September 11, 2001

15 Technology: Where will it take us? Convenience is one thing, but what will technology really do for society?Convenience is one thing, but what will technology really do for society? How will those who truly understand technology make a difference in the world?How will those who truly understand technology make a difference in the world? Connections, communications, communityConnections, communications, community –http://www.mousetrax.com/pub/Tribute.swf The wonders of technology advancement

16 Nuveen Investments: Leave Your Mark investments-reeves-walks.html

17 So, The Killer App is the Personal It is not the technology, it is what we do with the technologyIt is not the technology, it is what we do with the technology Predicting the technology futurePredicting the technology future Know the technology presentKnow the technology present Current understanding of legal and ethical issuesCurrent understanding of legal and ethical issues What are your institutional valuesWhat are your institutional values What is the educational missionWhat is the educational mission How does IT enhance the educational missionHow does IT enhance the educational mission

18 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.”

19 Copyright, The DMCA and File Sharing Applications Copyright law applies to the InternetCopyright law applies to the Internet –Education is key Schneider v. Amazon.com, 31 P.3d 37 (Wash. App. 2001)Schneider v. Amazon.com, 31 P.3d 37 (Wash. App. 2001) –September 17, 2001 –The Court rejected the claim that Amazon was liable for a reviewer’s libelous posting

20 Schneider: Section 230 Immunity The defendant must be a provider or user of an “interactive computer service”The defendant must be a provider or user of an “interactive computer service” –An information service that “enables multiple user access to a computer server” The asserted claims must treat the defendant as a publisher or speaker of informationThe asserted claims must treat the defendant as a publisher or speaker of information –Claim was on breach of contract And the information must be provided by another “information content provider”And the information must be provided by another “information content provider” –Statute mandates immunity

21 FERPA and Privacy Issues There are relevant laws, most importantly FEPRA, but...There are relevant laws, most importantly FEPRA, but... “Consumer privacy issues are a red herring. You have zero privacy anyway. Get over it.”“Consumer privacy issues are a red herring. You have zero privacy anyway. Get over it.” Sun CEO Scott McNealySun CEO Scott McNealy The key to handling computer privacy issues successfully: Ignore the lawThe key to handling computer privacy issues successfully: 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

22 First Amendment and Academic 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 cheatingTechnology enhanced cheating Turn paper millsTurn paper mills Cut and paste plagiarismCut and paste plagiarism The Center for Academic Integrity and The Values InstituteThe Center for Academic Integrity and The Values Institute

23 What is Appropriate Use The answer depends on the institutionThe answer depends on the institution What are the institutional missions and goalsWhat are the institutional missions and goals Are you a for-profit institutionAre you a for-profit institution Are you a college or universityAre you a college or university Religiously affiliatedReligiously affiliated Thoughtful, consistent policiesThoughtful, consistent policies Institution specificInstitution specific In compliance with current lawIn compliance with current law

24 What is an Institutional Policy It has broad application throughout the institutionIt has broad application throughout the institution It helps ensure compliance with applicable laws and regulationsIt helps ensure compliance with applicable laws and regulations –Promotes operational efficiency –Enhances the institution’s mission –Reduces the institution’s risk It mandates actions or constraints and contains specific procedures for complianceIt mandates actions or constraints and contains specific procedures for compliance The subject matter requires high level review and approval for issuance and major changesThe subject matter requires high level review and approval for issuance and major changes

25 Policy Benefits Mold the institutional cultureMold the institutional culture –Establish expectations and norms Do things in advanceDo things in advance –Planning in non-crisis mode –Allows for appropriate participation –Time for buy-in Lessen the institutional liabilityLessen the institutional liability –Consistency –Accountability (who is in charge?) Influence the development of the lawInfluence the development of the law –Role of higher education

26 Policy 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- complianceProvide information on how to report non- compliance Specify consequences of non-complianceSpecify consequences of non-compliance

27 Policy Process High level management supportHigh level management support –California Institute of Technology Under the signature of the PresidentUnder the signature of the President Policy “owner”Policy “owner” –Cornell University Responsible Executive Officer, Vice Pres. for ITResponsible Executive Officer, Vice Pres. for IT Stakeholder identificationStakeholder identification –Virginia Community College System Student and Patron policyStudent and Patron policy Employee PolicyEmployee Policy Understanding vs buy-inUnderstanding vs buy-in

28 Policy 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 language –CPL Policy Collection

29 Policy Language: General Statements The University of GeorgiaThe University of Georgia –“The University of Georgia is committed to free and open inquiry and discussion, fair allocation of University resources, and the provision of a working environment free of needless disruption.” Swarthmore CollegeSwarthmore College –“The integration of information technology into the College’s academic life has raised a number of ethical issues and rekindled some old ones. These are of serious concern for both the financial and legal health of the College, but more importantly, for its philosophical well-being.”

30 Privacy The Grossmont Union High School DistrictThe Grossmont Union High School District –“…the Grossmont District reserves the right to monitor all traffic on the network.” Carnegie Mellon UniversityCarnegie Mellon University –“Every member of Carnegie Mellon has two basic rights: privacy and a fair share of resources. It is unethical for any other person to violate these rights…. Network traffic should be considered private.” –“Accounts opened in the name of a paid employee … are considered to be the property of the university. Employees using university accounts, operated at university expense, do not have rights of personal property regarding computer accounts.”

31 Offensive 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, htm.”

32 Copyright Tennessee Technological UniversityTennessee Technological University –“Users shall utilize software only in accordance with the applicable license agreement. Tennessee Technological University licenses the use of most of its computer software from a variety of outside companies. The University does not own this software or its related documentation and, unless authorized by the license, does not have the right to reproduce it. –“Users shall utilize software only in accordance with the applicable license agreement. Tennessee Technological University licenses the use of most of its computer software from a variety of outside companies. The University does not own this software or its related documentation and, unless authorized by the license, does not have the right to reproduce it. ” The Grossmont Union High School DistrictThe Grossmont Union High School District –“Suppose you find an article about the use of Microsoft Works on the Internet. Can you legally copy it? The answer is yes, as long as you give credit to the author and do not sell the article for profit.” –This is WRONG!!!!

33 Teaching Right and Wrong Before the fact (Teach by example)Before the fact (Teach by example) –Well considered institutional policies –Consistent with the institutional mission –Created with appropriate participation –Well publicized through multiple media –Educational programs After the fact (Good models)After the fact (Good models) –MIT STOPIT program –University of Maryland - College Park ments/JPO/ethics/ –Education first

34 University of Virginia: Responsible Computing RespComp/videos/home.html

35 Cornell University: Travelers of the 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, If you use these clips, please credit Cornell. facstaff/fsTEH/presentation.html

36 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).

37 Policy Resources Cornell Computer Policy and Law ProgramCornell Computer Policy and Law Program –Policy collection – list –http://www.cornell.edu/cpl EDUCAUSEEDUCAUSE –Policy Issues Constituent Group –http://www.educause.edu/memdir/cg/policy. html Association of College and University Policy Administration (ACUPA)Association of College and University Policy Administration (ACUPA) –Information on how to sign up for list –http://www.umd.edu/acupa

38 Thank You!


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