1 Margie Hodges Shaw [email protected] EDUCAUSE 2001 October 30, 2001Making 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 challenges Current topicsCopyright, the DMCA, and file sharing applications FERPA and general desires for privacy First Amendment and Academic Freedom Appropriate use Creating effective campus IT policies Teaching right and wrong (Ethics in practice) Tips for success
3 Reference Material URLs for “Ethics” Policies Ten Principles of Civility in Cyberspace Synfax Weekly Report Legal Underpinnings for Creating Campus Computer Policies Synthesis Law and Policy in Higher Education
4 Wires? We Don’t Need No Stinkin’ Wires!“Conventional” wireless Web access Well-developed in Europe and Japan Gigabit speeds are coming Full-video streaming over cellular WAP (Wireless Access Protocol) Proximity, GPS Auto tolls No swipe smart cards (Mobil easy-pass) GPS in cars (speed and location for parents) Wearable computers
5 IBM: Wireless Shopping
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/bit Cost/bit1954: 1,000,000,000,000,000,000 2000: 20,000,000 2020: 1,000 In labs today: 1bit/atom Theoretical: Many bits/atom Cost/bit 1954: 1 GB = $10,000,000 2000: 1 GB = $20 2020: 1TB < $1 (pocket change) .01 brain
8 The Future of ProcessingComputations/second 1900: 2000: 1,000,000,000 Brain of a lizard 2020: 1,000,000,000,000,000 Brain of a human Energy/Operation 1940: 10,000,000,000 picoJoules 2000: picoJoules 2020: Room temperature
9 Size Matters: Now You See IT . . .1996: several cubic feet 2000: size of a match-head 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)
10 The Mobile Internet The Internet, untetheredBut, remember the horseless carriage? Connected cell phones in Tokyo Information bits - directed specific information Wi-Fi Palm pilots in America Computers talking to computers “The future is already here, it is just unevenly distributed” William Gibson
11 HP: Cell Phone Tram Tracking
12 The World Our Customers Live InInverted life-cycle College is no longer the technology bubble The burden of installing a user base Electronic 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?
13 IBM: Christmas Present Assembly Directions
14 How Will Society Cope With These Changes?Compare with telephone technology Answering machines and etiquette Cell phones and privacy Society 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? How will those who truly understand technology make a difference in the world? Connections, communications, community The wonders of technology advancement
16 Nuveen Investments: Leave Your Mark
17 So, The Killer App is the PersonalIt is not the technology, it is what we do with the technology Predicting the technology future Know the technology present Current understanding of legal and ethical issues What are your institutional values What is the educational mission How does IT enhance the educational mission 640K ought to be enough for anyone (1981) - Bill gates
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 ApplicationsCopyright law applies to the Internet Education is key 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 ImmunityThe 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 information Claim was on breach of contract And the information must be provided by another “information content provider” Statute mandates immunity
21 FERPA and Privacy IssuesThere are relevant laws, most importantly FEPRA, but . . . “Consumer privacy issues are a red herring. You have zero privacy anyway. Get over it.” Sun CEO Scott McNealy The key to handling computer privacy issues successfully: Ignore the law Steven J. McDonald, The Ohio State University Set expectations with institutional policies
22 First Amendment and Academic Integrity IssuesPornography Hate speech Undesirable speech Appropriate use of computers Pictures of pets on webpages Technology enhanced cheating Turn paper mills Cut and paste plagiarism The Center for Academic Integrity and The Values Institute
23 What is Appropriate UseThe answer depends on the institution What are the institutional missions and goals Are you a for-profit institution Are you a college or university Religiously affiliated Thoughtful, consistent policies Institution specific In compliance with current law
24 What is an Institutional PolicyIt has broad application throughout the institution It 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 compliance The subject matter requires high level review and approval for issuance and major changes
25 Policy Benefits Mold the institutional culture Do things in advanceEstablish expectations and norms Do things in advance Planning in non-crisis mode Allows for appropriate participation Time for buy-in Lessen the institutional liability Consistency Accountability (who is in charge?) Influence the development of the law Role of higher education
26 Policy Essentials Have support for the policy from the topIdentify the policy “owner” Explain the purpose of the policy Link the policy to other institutional policies State what the policy covers State who is covered Provide specific examples of covered activities Provide information on how to report non-compliance Specify consequences of non-compliance
27 Policy Process High level management support Policy “owner”California Institute of Technology Under the signature of the President Policy “owner” Cornell University Responsible Executive Officer, Vice Pres. for IT Stakeholder identification Virginia Community College System Student and Patron policy Employee Policy Understanding vs buy-in
28 Policy Process Technical controls vs user behaviorTechnical feasibility Legal constraints and requirements Trade off between functionality and risk Education Enforcement Evolution But you don’t have to reinvent the wheel Check out sample policy language CPL Policy Collection
29 Policy Language: General StatementsThe 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 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 District“…the Grossmont District reserves the right to monitor all traffic on the network.” Carnegie 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 user must not undertake any actions that bring the name of the University into disrepute.” Florida 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,
32 Copyright Tennessee 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.” The 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 WrongBefore 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) MIT STOPIT program University of Maryland - College Park Education first
34 University of Virginia: Responsible Computing
35 Cornell University: Travelers of the Electronic HighwayThe 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 ProgramPolicy collection list EDUCAUSE Policy Issues Constituent Group Association of College and University Policy Administration (ACUPA) Information on how to sign up for list
38 Thank You!