Investigating Cyber Law and Cyber Ethics: Issues, Impacts and Practices

342 Pages·2011·2.18 MB·English

by  Alfreda Dudley

Investigating Cyber Law
and Cyber Ethics:
Issues, Impacts and Practices
Alfreda Dudley
Towson University, USA
James Braman
Towson University, USA
Giovanni Vincenti
Towson University, USA
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Library of Congress Cataloging-in-Publication Data
Investigating cyber law and cyber ethics: issues, impacts and practices / Alfreda Dudley, James Braman and Giovanni
Vincenti, editors.
p. cm.
Includes bibliographical references and index.
Summary: “This book discusses the impact of cyber ethics and cyber law on information technologies and society,
featuring current research, theoretical frameworks, and case studies”--Provided by publisher.
ISBN 978-1-61350-132-0 (hardcover) -- ISBN 978-1-61350-133-7 (ebook) -- ISBN 978-1-61350-134-4 (print & perpetual
access) 1. Internet--Law and legislation. 2. Computer crimes. 3. Internet--Social aspects. 4. Internet--Moral and ethical
aspects. I. Dudley, Alfreda, 1957- II. Braman, James, 1981- III. Vincenti, Giovanni, 1978-
K4345.I58 2011
345’.0268--dc23
2011022933
British Cataloguing in Publication Data
A Cataloguing in Publication record for this book is available from the British Library.
All work contributed to this book is new, previously-unpublished material. The views expressed in this book are those of the
authors, but not necessarily of the publisher.
Editorial Advisory Board
Doris Lidtke, Towson University, USA
Gabriele Meiselwitz, Towson University, USA
Donna Tupper, Community College of Baltimore County Maryland, USA
Yuanqiong Wang, Towson University, USA
Cecelia Wright Brown, University of Baltimore, USA
List of Reviewers
Charles Dierbach
Mary Hackley
Dennis Hamilton
Doris Lidtke
Gabriele Meiselwitz
Juliette Townsend
Donna Tupper
Yuanqiong Wang
Cecelia Wright Brown
Table of Contents
Foreword .............................................................................................................................................xiii
Preface ..................................................................................................................................................xv
Acknowledgment ................................................................................................................................xix
Section 1
Legal and Jurisdictional Issues Regarding Cyberspace
Chapter 1
Responsibility, Jurisdiction, and the Future of “Privacy by Design” .....................................................1
Ugo Pagallo, University of Turin, Italy
Chapter 2
Hacking: Legal and Ethical Aspects of an Ambiguous Activity ...........................................................21
Gráinne Kirwan, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Andrew Power, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Chapter 3
Emerging Cybercrime Trends: Legal, Ethical, and Practical Issues .....................................................37
Sean M. Zadig, Nova Southeastern University, USA
Gurvirender Tejay, Nova Southeastern University, USA
Chapter 4
Law and Technology at Crossroads in Cyberspace: Where Do We Go From Here? ............................57
Anteneh Ayanso, Brock University, Canada
Tejaswini Herath, Brock University, Canada
Chapter 5
Cyber Law, Cyber Ethics and Online Gambling ..................................................................................78
Lee Gillam, University of Surrey, UK
Anna Vartapetiance, University of Surrey, UK
Section 2
Legal and Ethical Implications Involving Social Networks and Virtual Worlds
Chapter 6
An Overview of Child Abuses in 3D Social Networks and Online Video Games .............................101
Miguel A. Garcia-Ruiz, University of Colima, Mexico
Miguel Vargas Martin, University of Ontario Institute of Technology, Canada
Patrik Olsson, University of Ontario Institute of Technology, Canada
Chapter 7
Ethics and Legal Aspects of Virtual Worlds .......................................................................................117
Andrew Power, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Gráinne Kirwan, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Chapter 8
Narbs as a Measure and Indicator of Identity Narratives ...................................................................132
Ananda Mitra, Wake Forest University, USA
Chapter 9
Cloud Based Social Network Sites: Under Whose Control? ..............................................................147
Jean-Philippe Moiny, University of Namur, Belgium
Section 3
Legal and Ethical Implications in Cyberspace: An International Perspective
Chapter 10
Al-Qaeda on Web 2.0: Radicalization and Recruitment Strategies ....................................................221
Anne Gerdes, University of Southern Denmark, Denmark
Chapter 11
Google in China: Corporate Responsibility on a Censored Internet ...................................................239
Richard A. Spinello, Boston College, USA
Chapter 12
All’s WELL that Ends WELL: A Comparative Analysis of the Constitutional
and Administrative Frameworks of Cyberspace and the United Kingdom ........................................254
Jonathan Bishop, Swansea University, UK
Chapter 13
A UK Law Perspective: Defamation Law as it Applies on the Internet .............................................264
Sam De Silva, Manches LLP, UK
Chapter 14
The Hellenic Framework for Computer Program Copyright Protection Following
the Implementation of the Relative European Union Directives ........................................................280
Eugenia Alexandropoulou-Egyptiadou, University of Macedonia, Greece
Chapter 15
Internet Advertising: Legal Aspects in the European Union ..............................................................288
Radomír Jakab, University of P. J. Safarik, Slovakia
About the Contributors ....................................................................................................................311
Index ...................................................................................................................................................317
Detailed Table of Contents
Foreword ..............................................................................................................................................xii
Preface .................................................................................................................................................xiv
Acknowledgment ..............................................................................................................................xviii
Section 1
Legal and Jurisdictional Issues Regarding Cyberspace
Chapter 1
Responsibility, Jurisdiction, and the Future of “Privacy by Design” .....................................................1
Ugo Pagallo, University of Turin, Italy
As the amount of personal information and data on global networks increase, systems allow for a more
granular control over privacy settings by letting users define how much information to divulge. Some-
times the systems suffice for the needs of the users as-is; other times they require a significant tailoring
to fulfill one’s expectations. The concept of “privacy by design” is built into the majority of IT services
today, placing itself at the intersection between the regulations of national legal systems relevant to
data protection and personal control. Pagallo’s chapter explores in detail the balance between these two
realities, focusing on the views generated by the legal systems.
Chapter 2
Hacking: Legal and Ethical Aspects of an Ambiguous Activity ...........................................................21
Gráinne Kirwan, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Andrew Power, Dun Laoghaire Institute of Art, Design and Technology, Ireland
The practice of hacking conceals a large array of motivations, generated by intents that may or may not
be malicious in nature. Some argue that this traditionally questionable practice can be very well utilized
for positive purposes, when directed towards the welfare of the systems and data by looking for potential
vulnerabilities without necessarily exploiting them. The majority of the uninformed population does attach
a negative connotation to any form of hacking. This chapter reviews this widespread practice through
a wide overview, then approaches the discussion of its ethicality. The authors also offers a perspective
given by international legal systems.
Chapter 3
Emerging Cybercrime Trends: Legal, Ethical, and Practical Issues .....................................................37
Sean M. Zadig, Nova Southeastern University, USA
Gurvirender Tejay, Nova Southeastern University, USA
A natural consequence to the shifting of every-day operations from a brick-and-mortar paradigm to one
that lives completely in cyberspace also entails that the typically associated aspect of crime will also
follow this radical change. As more and more crimes committed on Information Systems and computer
hardware are reported in the news, affecting sensitive information about millions of people and often
involving significant amount of money, the techniques of committing these crimes as well as their coun-
teractions have to evolve continually. This chapter explores the methodologies through which perpetra-
tors often carry on their illegal activities against sensitive data of various natures, focusing especially
on the employment of large networks of compromised computers, or botnets. The authors also offer
perspectives given by practitioners, law enforcement, and researchers who made cybercrime the focus
of their attention.
Chapter 4
Law and Technology at Crossroads in Cyberspace: Where Do We Go From Here? ............................57
Anteneh Ayanso, Brock University, Canada
Tejaswini Herath, Brock University, Canada
The variety of computer crimes along with the complexity of the environments in which they take place,
compounds the problem of devising a mechanism that can effectively addresses these types of criminal
activities. It is extremely important for organizations and governments to understand computer crimes
and to establish frameworks and other active measures in order to be proactive in reducing computer
based crime. In this chapter the authors discuss these important topics along with a review of academic
literature, industry reports, and information from the media, in identifying various types of computer
crime and discuss the counter strategies to deal with such crimes in a legal, technological, and organi-
zational context.
Chapter 5
Cyber Law, Cyber Ethics and Online Gambling ..................................................................................78
Lee Gillam, University of Surrey, UK
Anna Vartapetiance, University of Surrey, UK
Perhaps one of the most profitable applications of a real-life practice carried online, gambling is a phe-
nomenon that affects users across cultures, often reaching pathological levels that cannot be sustained
without external help. The significant relevance of this topic becomes even more intricate as we observe
the seam that exists in the interaction between gambling in real life and the one that exists on comput-
ers alone. This chapter observes the difficulties posed by the variations of the laws, which affect either
the physical world or the virtual one. The authors then go on and discuss the possibility of creating
systems that embed adherence to laws, providing support for ethics in an effort of protecting unwary
or ill-informed users.
Section 2
Legal and Ethical Implications Involving Social Networks and Virtual Worlds
Chapter 6
An Overview of Child Abuses in 3D Social Networks and Online Video Games .............................101
Miguel A. Garcia-Ruiz, University of Colima, Mexico
Miguel Vargas Martin, University of Ontario Institute of Technology, Canada
Patrik Olsson, University of Ontario Institute of Technology, Canada
The advent of Internet-based technologies has sprung many different initiatives aimed at replicating
features of the real world through the cybernetic medium. At times the physical environment in which
we live is enhanced through technology through augmented or virtual reality; other times instead it is
completely paralleled and often exacerbated. The idea of multi-user virtual environments contains a
potential that is barely tapped: few educators still use it; virtual tourism is often limited by the small
amount of real-life destinations reproduced through this window. Aspects of sexuality though have been
developed significantly enough to also have brought perversions and illegal activities to virtual worlds,
sometimes replicating flawlessly the morbidity associated with them. This chapter analyzes child pornog-
raphy through multi-user virtual environments, reviewing ethical and legal issues that revolve around it.
Chapter 7
Ethics and Legal Aspects of Virtual Worlds .......................................................................................117
Andrew Power, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Gráinne Kirwan, Dun Laoghaire Institute of Art, Design and Technology, Ireland
Any time we wish to visit new places, we usually consider the physical displacement associated with
the journey. Often times, in addition to the necessity of reaching the location we wish to visit, we also
need to take into consideration aspects that reach different laws and regulations when we decide to
cross national borders, visiting new countries. The lines are not so clear, if they are visible at all, when
we interact with virtual worlds and virtual spaces. This chapter reviews ethical implications, technical
solutions and the privatization of legal remedies of the still underdeveloped realm of the legal system
in user-driven virtual environments.
Chapter 8
Narbs as a Measure and Indicator of Identity Narratives ...................................................................132
Ananda Mitra, Wake Forest University, USA
With the increased usage of social networks and the abundance of information we reveal in contribut-
ing to our online personas, these narrative bits of information can be used to create a composite of an
individual. In this chapter, the author discusses in detail these “narrative bits,” or narbs that encapsulate
measurable attributes - content, authorship, frequency of appearance and spatial information about the
user. Certain characteristics of narbs can be measured though a narb weight and matrix for each indi-
vidual user to reveal certain information. As social networking tools become more common place, it is
important to gauge the types of information we reveal and how such information can be used.