IT 314 - SOCIAL AND PROFESSIONAL ISSUES

MODULE 3

Ethical Dilemma/Issues in the Cyberworld

Introduction
Ethics is a branch of philosophy that deals with what is considered to be
right or wrong. In simple words, it is the study of what is right to do in a
given situation and what we ought to do. It is important to note that
what is unethical is not necessarily illegal.

It is especially important to understand security, privacy issues and

major negative impacts of IT on cyberspace. Although some technical
approaches such as encryption, digital ID and firewall methods have
been developed to overcome some of the problem, legal actions must
also be enforced worldwide which will address a growing number of
ethical problems resulting from the negative impacts of IT in our global
society.

Desired Learning Outcomes/Competencies

At the end of the semester, the students must:
a. List down and identify different issues in the cyberworld
b. Differentiate listed issues in the cyberworld
c. Evaluate the effects of crimes in the cyberwolrd that affect IT
profession

Key Terms
Hacking is an attempt to exploit a computer system or a private
network inside a computer
Keylogger is a simple software that records the key sequence and
strokes of your keyboard into a log file on your machine

Phishing is a hacking technique using which a hacker replicates the

most-accessed sites and traps the victim by sending that spoofed link.

Cookie theft The cookies of a browser keep our personal data such as
browsing history, username, and passwords for different sites that we
access.
1.1 Invasion of Privacy – Vince Valaquio
Let's say you accidentally leave a personal letter containing private
information on a public park bench, and that letter is picked up and
read by someone else. Even if the sharing of this information
damages your reputation or causes other harm, it is not a violation
of your privacy. That requires a "reasonable expectation" of privacy,
which would apply if the letter was not left out in public. But if you
are having a private conversation in your home and a neighbor uses
an electronic device to eavesdrop (and this causes some kind of
injury), then your expectation of privacy has in fact been violated.

An invasion of privacy occurs when there is an intrusion upon your

reasonable expectation to be left alone.

The four main types of invasion of privacy:

1. Intrusion of Solitude
2. Appropriation of Name or Likeness
3. Public Disclosure of Private Facts
4. False Light

Intrusion of Solitude
Intruding upon another's solitude or private affairs, physically or
otherwise, is subject to liability if this intrusion would be considered
highly offensive to a reasonable person. This type of invasion of privacy
is commonly associated with "peeping Toms," someone illegally
intercepting private phone calls, or snooping through someone's private
records.

Unlike other forms of invasion of privacy, intrusion of solitude

does not require any publication of private facts or images—the act of
intrusion alone violates the law.

Example: A man with binoculars regularly climbs a tree in his

yard and watches a woman across the street undress through
her bathroom window. Her injury is the emotional distress she
suffers upon seeing the perpetrator looking at her.

Appropriation of Name or Likeness

Plaintiffs may make a claim for damages if an individual (or
company) uses their name or likeness for benefit without the other
party's permission. Usually this involves a business using a celebrity's
name or likeness in an advertisement. In fact, some states limit this
type of invasion of privacy tort to commercial uses.

Example: In 2005, an advertising agency approached

musician Tom Waits with regard to an ad campaign for a new
automobile. Waits, who has a distinctive and easily
recognizable voice, declined. So the advertisers hired someone
who sounds like him to do the soundtrack, prompting Waits to
sue the automaker for appropriating his likeness.

Public Disclosure of Private Facts

Unlike defamation (libel or slander), truth of the disclosed
information is no defense. Legal action may be taken if an individual
publicly reveals truthful information that is not of public concern and
which a reasonable person would find offensive if made public.

For example, a woman about to deliver a baby via caesarian

section agrees to allow the operation to be filmed for educational
purposes only; but instead it is shown to the public in a commercial
theater. This is an invasion of her privacy. However, publishing an
article about a politician known for his family values rhetoric but who
has been having an affair with a staffer is of public concern and
therefore not an invasion of his privacy. New York and some other
states do not recognize this type of claim.

Example: In 1931, the maiden name of a former prostitute

who was acquitted of murder was revealed in a film about the
case. Since the trial, she had moved to another city, gotten
married and adopted a new lifestyle. Her new friends were
unaware of her past, so the disclosure of this true but
embarrassing information was deemed an invasion of her
privacy.

False Light
A false light claim is similar to a defamation claim in that it allows
an individual to sue for the public disclosure of information that is
misleading (or puts that person in a "false light"), but not technically
false. The key difference is that defamation claims only apply to the
public broadcasting of false information.

Generally, a false light claim must contain the following elements:

(1) a publication by the defendant about the plaintiff; (2) it was done
with reckless disregard; (3) it places the plaintiff in a false light and (4)
it would be highly offensive or embarrassing to a reasonable person.
 Example: In 1992, a 96-year-old woman sued an Arkansas
newspaper for printing her picture next to the headline,
"Special Delivery: World's oldest newspaper carrier, 101,
quits because she's pregnant!" The woman, who was not
pregnant, was awarded damages of $1.5 million.

1.2 Hacking - Sayson

Hacking is an attempt to exploit a computer system or a private
network inside a computer. Simply put, it is the unauthorized access to
or control over computer network security systems for some illicit
purpose.

Hacking is unauthorized intrusion into a computer or a network. The

person engaged in hacking activities is generally referred to as a
hacker. This hacker may alter system or security features to accomplish
a goal that differs from the original purpose of the system.

To better describe hacking, one needs to first understand hackers. One

can easily assume them to be intelligent and highly skilled in
computers. In fact, breaking a security system requires more
intelligence and expertise than actually creating one. There are no hard
and fast rules whereby we can categorize hackers into neat
compartments. However, in general computer parlance, we call them
white hats, black hats and grey hats.
White hat professionals hack to check their own security systems
to make it more hack-proof. In most cases, they are part of the
same organization.
Black hat hackers hack to take control over the system for
personal gains. They can destroy, steal or even prevent
authorized users from accessing the system. They do this by
finding loopholes and weaknesses in the system. Some computer
experts call them crackers instead of hackers.
Grey hat hackers comprise curious people who have just about
enough computer language skills to enable them to hack a
system to locate potential loopholes in the network security
system. Grey hats differ from black hats in the sense that the
former notify the admin of the network system about the
weaknesses discovered in the system, whereas the latter is only
looking for personal gains. All kinds of hacking are considered
illegal barring the work done by white hat hackers.
Hackers employ a variety of techniques for hacking, including:
 Vulnerability scanner: checks computers on networks for known
weaknesses
 Password cracking: the process of recovering passwords from
data stored or transmitted by computer systems
 Packet sniffer: applications that capture data packets in order to
view data and passwords in transit over networks
 Spoofing attack: involves websites which falsify data by mimicing
legitimate sites, and they are therefore treated as trusted sites by
users or other programs
 Root kit: represents a set of programs which work to subvert
control of an operating system from legitimate operators
 Trojan horse: serves as a back door in a computer system to allow
an intruder to gain access to the system later
 Viruses: self-replicating programs that spread by inserting copies
of the same program into other executable code files or
documents
 Key loggers: tools designed to record every keystroke on the
affected machine for later retrieval

Certain corporations employ hackers as part of their support staff.

These legitimate hackers use their skills to find flaws in the company
security system, thus preventing identity theft and other computer-
related crimes.

1.3 Security - Veejay

Security refers to freedom from, or resilience against, potential

harm (or other unwanted coercive change) from external forces.

Computer Security
Cyber security, computer security or IT security is the protection
of computer systems from the theft and damage to
their hardware, software or information, as well as
from disruption or misdirection of the services they provide.

Cyber security includes controlling physical access to the hardware, as

well as protecting against harm that may come via network access,
data and code injection.

Vulnerabilities and attacks

 Vulnerability (computing)
A vulnerability is a weakness in design, implementation, operation
or internal control. Most of the vulnerabilities that have been discovered
are documented in the Common Vulnerabilities and Exposures (CVE)
database.
An exploitable vulnerability is one for which at least one working attack
or "exploit" exists. Vulnerabilities are often hunted or exploited with the
aid of automated tools or manually using customized scripts.

To secure a computer system, it is important to understand the attacks

that can be made against it, and these threats can typically be
classified into one of these categories below:

Backdoor
A backdoor in a computer system, a cryptosystem or an
algorithm, is any secret method of bypassing normal authentication or
security controls. They may exist for a number of reasons, including by
original design or from poor configuration. They may have been added
by an authorized party to allow some legitimate access, or by an
attacker for malicious reasons; but regardless of the motives for their
existence, they create a vulnerability.

Denial-of-service attack
Denial of service attacks (DoS) are designed to make a machine
or network resource unavailable to its intended users. Attackers can
deny service to individual victims, such as by deliberately entering a
wrong password enough consecutive times to cause the victims
account to be locked, or they may overload the capabilities of a
machine or network and block all users at once. While a network attack
from a single IP address can be blocked by adding a new firewall rule,
many forms of Distributed denial of service (DDoS) attacks are possible,
where the attack comes from a large number of points – and defending
is much more difficult. Such attacks can originate from the zombie
computers of a botnet, but a range of other techniques are possible
including reflection and amplification attacks, where innocent systems
are fooled into sending traffic to the victim.

Direct-access attacks - Hamid

An unauthorized user gaining physical access to a computer is
most likely able to directly copy data from it. They may also
compromise security by making operating system modifications,
installing software worms, keyloggers, covert listening devices or using
wireless mice. Even when the system is protected by standard security
measures, these may be able to be by-passed by booting another
operating system or tool from a CD-ROM or other bootable media. Disk
encryption and Trusted Platform Module are designed to prevent these
attacks.

Eavesdropping
Eavesdropping is the act of surreptitiously listening to a private
conversation, typically between hosts on a network. For instance,
programs such as Carnivore and NarusInSight have been used by
the FBI and NSA to eavesdrop on the systems of internet service
providers. Even machines that operate as a closed system (i.e., with no
contact to the outside world) can be eavesdropped upon via monitoring
the faint electro-magnetic transmissions generated by the
hardware; TEMPEST is a specification by the NSA referring to these
attacks.

Spoofing
Spoofing is the act of masquerading as a valid entity through
falsification of data (such as an IP address or username), in order to
gain access to information or resources that one is otherwise
unauthorized to obtain.

There are several types of spoofing, including:

 Email spoofing, where an attacker forges the sending (From, or

source) address of an email.
 IP address spoofing, where an attacker alters the source IP
address in a network packet to hide their identity or impersonate
another computing system.
 MAC spoofing, where an attacker modifies the Media Access
Control (MAC) address of their network interface to pose as a
valid user on a network.
 Biometric spoofing, where an attacker produces a fake biometric
sample to pose as another user.

Tampering
Tampering describes a malicious modification of products. So-
called "Evil Maid" attacks and security services planting of surveillance
capability into routers are examples.

Privilege escalation
Privilege escalation describes a situation where an attacker with
some level of restricted access is able to, without authorization, elevate
their privileges or access level. For example, a standard computer user
may be able to fool the system into giving them access to restricted
data; or even to "become root" and have full unrestricted access to a
system.
Phishing - Pallarcon
Phishing is the attempt to acquire sensitive information such as
usernames, passwords, and credit card details directly from
users. Phishing is typically carried out by email spoofing or instant
messaging, and it often directs users to enter details at a fake website
whose look and feel are almost identical to the legitimate one. Preying
on a victim's trust, phishing can be classified as a form of social
engineering.

Clickjacking
Clickjacking, also known as "UI redress attack" or "User Interface
redress attack", is a malicious technique in which an attacker tricks a
user into clicking on a button or link on another webpage while the user
intended to click on the top level page. This is done using multiple
transparent or opaque layers. The attacker is basically "hijacking" the
clicks meant for the top level page and routing them to some other
irrelevant page, most likely owned by someone else. A similar
technique can be used to hijack keystrokes. Carefully drafting a
combination of stylesheets, iframes, buttons and text boxes, a user can
be led into believing that they are typing the password or other
information on some authentic webpage while it is being channeled into
an invisible frame controlled by the attacker.

Information security
Information security, sometimes shortened to InfoSec, is the
practice of preventing unauthorized access, use, disclosure, disruption,
modification, inspection, recording or destruction of information. It is a
general term that can be used regardless of the form the data may take
(e.g. electronic, physical). Information security's primary focus is the
balanced protection of the confidentiality, integrity and availability of
data (also known as the CIA triad) while maintaining a focus on efficient
policy implementation, all without hampering organization
productivity. This is largely achieved through a multi-step risk
management process that identifies assets, threat sources,
vulnerabilities, potential impacts, and possible controls, followed by
assessment of the effectiveness of the risk management plan.
To standardize this discipline, academics and professionals
collaborate and seek to set basic guidance, policies, and industry
standards on password, antivirus software, firewall, encryption
software, legal liability and user/administrator training standards. This
standardization may be further driven by a wide variety of laws and
regulations that affect how data is accessed, processed, stored, and
transferred. However, the implementation of any standards and
guidance within an entity may have limited effect if a culture
of continual improvement isn't adopted.

Internet security - Earl Genito

Internet security is a branch of computer security specifically
related to the Internet, often involving browser security but
also network security on a more general level, as it applies to other
applications or operating systems as a whole. Its objective is to
establish rules and measures to use against attacks over the Internet.
[1]
The Internet represents an insecure channel for exchanging
information leading to a high risk of intrusion or fraud, such
as phishing[2], online viruses, trojans, worms and more.
Many methods are used to protect the transfer of data,
including encryption and from-the-ground-up engineering. The current
focus is on prevention as much as on real time protection against well-
known and new threats.

Threats
Malicious software
A computer user can be tricked or forced into downloading
software onto a computer that is of malicious intent. Such software
comes in many forms, such as viruses, Trojan horses, spyware, and
worms.
 Malware, short for malicious software, is any software used to
disrupt computer operation, gather sensitive information, or gain
access to private computer systems. Malware is defined by its
malicious intent, acting against the requirements of the computer
user, and does not include software that causes unintentional harm
due to some deficiency. The term badware is sometimes used, and
applied to both true (malicious) malware and unintentionally harmful
software.
 A botnet is a network of zombie computers that have been taken
over by a robot or bot that performs large-scale malicious acts for
the creator of the botnet.
 Computer Viruses are programs that can replicate their structures or
effects by infecting other files or structures on a computer. The
common use of a virus is to take over a computer to steal data.
 Computer worms are programs that can replicate themselves
throughout a computer network, performing malicious tasks
throughout.
 Ransomware is a type of malware which restricts access to the
computer system that it infects, and demands a ransom paid to the
creator(s) of the malware in order for the restriction to be removed.
 Scareware is scam software with malicious payloads, usually of
limited or no benefit, that are sold to consumers via certain
unethical marketing practices. The selling approach uses social
engineering to cause shock, anxiety, or the perception of a threat,
generally directed at an unsuspecting user.
 Spyware refers to programs that surreptitiously monitor activity on a
computer system and report that information to others without the
user's consent.
 A Trojan horse, commonly known as a Trojan, is a general term for
malicious software that pretends to be harmless, so that a user
willingly allows it to be downloaded onto the computer.
 KeyLogger, Keystroke logging, often referred to
as keylogging or keyboard capturing, is the action of recording
(logging) the keys struck on a keyboard

Network security - Lenneth Tuble

Network security consists of the policies and practices adopted
to prevent and monitor unauthorized access, misuse, modification, or
denial of a computer network and network-accessible resources. Only
network security can remove trojan horse viruses if it is activated.
Network security involves the authorization of access to data in a
network, which is controlled by the network administrator. Users choose
or are assigned an ID and password or other authenticating information
that allows them access to information and programs within their
authority. Network security covers a variety of computer networks, both
public and private, that are used in everyday jobs; conducting
transactions and communications among businesses, government
agencies and individuals. Networks can be private, such as within a
company, and others which might be open to public access. Network
security is involved in organizations, enterprises, and other types of
institutions. It does as its title explains: It secures the network, as well
as protecting and overseeing operations being done. The most common
and simple way of protecting a network resource is by assigning it a
unique name and a corresponding password.

1.4 Theft
Theft is the act of stealing specifically the felonious taking and
removing of personal property with intent to dispute the rightful owner
of it.

Identity theft is the act of a person obtaining information illegally

about someone else. Thief’s try to find information as full name, maiden
name, address, date of birth, social security number, passwords, phone
number, e-mail, and credit card numbers.
Two (2) Major Categories of Theft
1. Petty Theft – refers to the theft of some item that has a relatively
low value.
2. Grand Theft – occurs when someone steal property that is worth
more than the limit for petty theft.

Types of Theft
a. Robbery – the taking another person’s property by the use of
violence, threats, or intimidation
b. Embezzlement – the theft of money, property, or other assets by
a person who is in a position of trust or responsibility over the
assets.
c. Burglary – unlawful entry into any structure for the purpose of
committing a crime (whether or not anything is stolen).
d. Identity theft – the theft and fraudulent use of a person’s
identifying information.
e. Intellectual property theft – theft of material that is copyrighted,
the theft of trade secrets, and trademark violations.

Common types of identity theft:

3. Social Security Identity theft
4. Financial Identity theft
5. Criminal Identity theft
6. Medical Identity theft
7. Insurance identity theft
8. Synthetic Identity theft
9. Tax Identity theft
10. Child Identity theft
Related Legal Terms and Issues of Theft - BInson

 Criminal act – an act committed by an individual that is in

violation of the law, or that poses a theft to the public.
 Defendant – a party against whom a lawsuit has been filed in civil
court, or who has been accused of, or charged with a crime or
offense.
 Felony – a crime, often involving violence, regarded as more
serious than a misdemeanor. Usually punishable by imprisonment
more than one year.
 Intent – a resolve to perform an act for a specific purpose; a
resolution to use a particular means to a specific end.
 Jurisdiction – the legal authority to hear legal cases and make
judgments; the geographical region of authority to enforce
justice.
 Misdemeanor – a criminal offense less serious than a felony;
generally those punishable by a fine, probation, community
service, or imprisonment of less than one year.
 Restitution – the restoration of rights or property previously taken
away or surrendered; reparation made by giving compensation
for loss or injury caused by wrong doing.

1.5 Copy Infringement

Copyright infringement is the use of works protected by copyright
law without permission, infringing certain exclusive rights granted to
the copyright holder, such as the right to reproduce, distribute, display
or perform the protected work, or to make derivative works.
The copyright holder is typically the work’s creator, or a publisher
or other business to whom a copyright has been assigned. Copyright
holders routinely invoke legal and technological measures to prevent
and penalize copyright infringement.

An infringement occurs under all of the following three conditions:

1. The owner must hold a valid copyright
2. The alleged infringer must be able to access the copyrighted work
3. Duplication of the copyrighted work must occur beyond
exceptions. If an exception does not apply, permission is
requested by the person seeking to use the work.
Three (3) major exceptions to copyright law – often used by educators:
1. Fare use
2. Virtual instruction
3. Face-to-face instruction

Copyright infringement in the Philippines - CONEJAR

Under the Philippine law, copyright infringement occurs when
there is a violation of any of the exclusive economic or moral rights
granted to the copyright owner. It may also consist in aiding or abetting
such infringement. The IP Code also provide for the liability of a person
who at the time when copyright subsist in a work has in his possession
an article which he knows, or ought to know, to be an infringing copy of
the work for the following purposes: (a) selling or letting for hire, or by
way of trade offering or exposing for sale or hire, the article (b)
distributing the article for the purpose of trade, or for any other purpose
to an extent that will prejudice the rights of the copyright owner in the
work; or (c) trade exhibit of the article in public.

Penalties provided by Philippine law for copyright infringement

 First Offense: Imprisonment of between 1 to 3 years and a
fine of between 50,000 to 150, 000 pesos.
 Second Offense: Imprisonment of 3 years and 1 day to 6 years

plus a fine of between 150,000 to 500,000 pesos.

 Third and Subsequent Offenses : imprisonment of 6 years and 1

day to 9 years plus a fine ranging from 500,000 to 1,500,000

pesos.
 The offending party may also be ordered to pay civil damages.

Injunction and destruction of the infringing goods or products can

also be obtained, as well as seizure and impounding of any article
which may serve as evidence in the court proceedings.

1.6 Unfair Competition

"Unfair competition" is a term applied to dishonest or fraudulent
rivalry in trade and commerce. It's a branch of intellectual property law,
particularly applied to the practice of endeavoring to substitute one’s
own goods or products in the market for those of another for the
purpose of deceiving the public.
How Unfair Competition Happens?
"... imitating or counterfeiting the name, title, size, color scheme,
patterns, shape or distinctive peculiarities of an article. It can also occur
by imitating the shape, color, label, wrapper or general appearance of
the package in such a way as to mislead the general public or deceive
an unwary purchaser (Black's Law Dictionary)."
Acts of unfair competition are generally characterized by
deception, bad faith, fraud or oppression. They're perceived as being
against public policy because of their tendency to unduly hinder
competition. Unfair competition laws have been established to protect
consumers and businesses and help prevent illegal merchandising.
Unfair competition occurs when another company uses wrong or
deceptive business practices to gain a competitive advantage. The
major category of unfair competition relates to intentional confusion of
customers as to where the product came from, while the secondary
category relates to unfair trade practices.

Some of the most common forms of unfair competition include: Bacrang

 Trademark infringement, such as using the Coca-Cola®
trademark on a soda container manufactured by a competing
beverage maker.
 False advertising. False advertising or making false claims
about a product to promote it such as making false claims about a
drug's abilities to promote weight loss.
 Unauthorized substitution of one brand of goods for
another, such as substituting a low-cost handbag for a designer
handbag.
 Misappropriation of trade secrets. Misappropriation or use of
confidential information, such as stealing a competitor's special
formulation or other trade secrets such as stealing a competitor’s
soft drink formula
 False representation of products or services, such as
exaggerating a software program’s spellcheck capabilities.
 Trade defamation, such as disseminating written or oral
communications designed to harm or ruin a business's
reputation.
 Bait-and-switch selling technique, such as substituting a
lower-cost product from a different brand for a more expensive,
higher-quality product.
 Trade dress violation, or copying the physical appearance of a
product and/or packaging in the attempt to fool a customer into
buying it.
 Breach of a restrictive covenant, such as a non-compete
clause.
  Reverse passing off, or misrepresenting the source of a product
by failing to inform the public who created it.
o This often happens when a company removes the mark
from a product and then sells it.
 Trade libel/slander or rumormongering, such as written or
verbal communications that would ruin or harm a company's
reputation in the industry.
o In order to qualify as trade libel/slander, the false
communication must decrease the confidence, respect, or
regard in which your business or product is held. Trade
defamation is typically a civil matter, although in serious
cases, it can become a criminal matter.
 Imitation or counterfeiting.
 Below-cost selling.
Some of these, like making false claims about a drug's abilities,
technically fall under the umbrella of "unfair trade practices," which is a
component of unfair competition

Unfair (or disloyal) competition in commercial law is a

deceptive business practice that causes economic harm to other
businesses or to consumers.

Four main devices used by businesses to distinguish themselves

from others:
 Trade names: used to identify the name of a partnership,
corporation, sole proprietorship, or other business entity. A
business might register the trade name with the government and
operate under that name, or it could be an assumed name under
which the business is known the public. One example is a
restaurant known as "John and Harriet's Bar and Grill" among
locals, but is registered under the name "Boston Corner Tavern."
In this case, both names would be considered trade names within
the unfair competition laws.
 Trademarks: words, symbols, phrases, slogans, emblems, and
other devices used to signify authenticity and source to the
public. When a company uses a registered trademark, a customer
can easily identify the product and maintain loyalty to the brand.
 Service marks: similar to trademarks but for services instead of
goods. For example, Orkin Pest Control provides pest control
services, so the company's protection is registered as a service
mark.
 Trade dress: the physical appearance of a product, or the manner
in which it is presented, packaged, wrapped, or promoted, can all
fall under trade dress. Trade dress can also include the shape,
 design, shape, and/or texture of a specific product or packaging.
Even certain color combinations can serve as a company's trade
dress, such as the red and yellow color scheme used by Chevron
Chemical Company.
In order to qualify for protection, these four main devices must be
distinctive. Using generic phrasing or words could limit competition, so
these are not eligible for trademark protection.
These devices qualify as intangible assets for a business, along
with its creative works, inventions, and artistic efforts. The additional
intangible assets are considered trade secrets, which could include
processes, formulas, patterns, techniques, programs, mechanisms,
compounds, or tools that provide the company with the opportunity to
gain an advantage over competitors. Trade secrets can't be copyrighted
or patented so they are typically only shared with a select group of
people who will keep them private.
The owner of a trade secret can exclusively use and benefit from
the information. The law of unfair competition provides a way to protect
trade secrets through reasonable steps. On the other hand, commercial
information that is shared with the public retains little to no commercial
value. Theft of trade secrets can result in those releasing the
information being held liable for damages and economic injuries. An
employee or former employee could also be held liable for sharing trade
secrets.
Copyright and patent laws can protect information released to the
public, as long as the information is protected under those laws. In
order to qualify for patent or copyright protection, you must file
applications with the appropriate government agencies. Copyright laws
protect original works, such as dramatic creations, movies, sound
recordings, pantomimes, musical scores, and books. Patent laws protect
inventions, such as chemical formulas, manufacturing processes,
mechanical devices, and electrical equipment.
There are several additional facets to unfair competition laws. These
include:
 The Exhaustion Doctrine - Omagap
The Exhaustion Doctrine allows a distributor to market a branded item
in its original, unchanged state. The distributor can also advertise the
sale of a product associated with a well-known service mark or
trademark. In order to prevent confusion of origin, the distributor must
clearly state the extent of its connection to the owner of the mark.
Without proper branding and clarification, the owner of a mark could
take legal action against anyone using the mark improperly.
 Implied Reverse Passing Off
Implied reverse passing off occurs when a company or individual
removes a mark from a product for sale, attempting to pass off the
product as something else.
 Express Reverse Passing Off
Express reverse passing off occurs when a company or individual
removes the mark on a product or service and then rebrands the item
to pass it off as his or her own.
 Conversion into a New Product (Altering the File)
If the defendant in a court case converts the plaintiff's product into
something different, a reverse passing off violation does not exist. In
the Playboy case, the court determined that the defendants only
stripped the product of its original identity without converting it into
something different. When substantial similarity exists between the
products from the defendant and the plaintiff, it could be considered
reverse passing off.

Why Are Unfair Competition Laws Important?

Unfair competition laws serve five main purposes. These include:
 Helping to protect intellectual, economic, and creative
investments made by business owners.
 Preserve goodwill between businesses and their customers.
 Deter businesses from stealing ideas and appropriating the
goodwill of their competitors
 Promote stability and clarity by making products clear to
customers
 Increase competition among companies within similar industries
by providing incentives to offer better goods and services
These five purposes allow companies to distinguish themselves
and their products from others. Without these laws in place, it would be
nearly impossible to establish your company and products, along with
any unique aspects that set it apart from others. It would also be much
more challenging for customers to maintain any type of brand loyalty
since other companies could produce similar or even identical products
meant to create confusion.

1.7 Computer Virus - Oyaman

A computer virus is a type of malicious software program
("malware") that, when executed, replicates itself by modifying
other computer programs and inserting its own code.[1] When this
replication succeeds, the affected areas are then said to be "infected"
with a computer virus.
 Virus writers use social engineering deceptions and exploit
detailed knowledge of security vulnerabilities to initially infect systems
and to spread the virus. The vast majority of viruses target systems
running Microsoft Windows, employing a variety of mechanisms to
infect new hosts, and often using complex anti-detection/stealth
strategies to evade antivirus software. Motives for creating viruses can
include seeking profit (e.g., with ransomware), desire to send a political
message, personal amusement, to demonstrate that a vulnerability
exists in software, for sabotage and denial of service, or simply because
they wish to explore cybersecurity issues, artificial life and evolutionary
algorithms.
The term "virus" is also commonly, but erroneously, used to refer
to other types of malware. "Malware" encompasses computer viruses
along with many other forms of malicious software, such as computer
"worms", ransomware, spyware, adware, trojan
horses, keyloggers, rootkits, bootkits, malicious Browser Helper
Object (BHOs) and other malicious software. The majority of active
malware threats are actually trojan horse programs or computer worms
rather than computer viruses. The term computer virus, coined by Fred
Cohen in 1985, is a misnomer. Viruses often perform some type of
harmful activity on infected host computers, such as acquisition of hard
disk space or central processing unit (CPU) time, accessing private
information (e.g., credit card numbers), corrupting data, displaying
political or humorous messages on the user's screen, spamming their e-
mail contacts, logging their keystrokes, or even rendering the computer
useless. However, not all viruses carry a destructive "payload" and
attempt to hide themselves—the defining characteristic of viruses is
that they are self-replicating computer programs which modify other
software without user consent.

A computer virus, much like a flu virus, is designed to spread from

host to host and has the ability to replicate itself. Similarly, in the same
way that viruses cannot reproduce without a host cell, computer viruses
cannot reproduce and spread without programming such as a file or
document.

In more technical terms, a computer virus is a type of malicious

code or program written to alter the way a computer operates and that
is designed to spread from one computer to another. A virus operates
by inserting or attaching itself to a legitimate program or document that
supports macros in order to execute its code. In the process a virus has
the potential to cause unexpected or damaging effects, such as
harming the system software by corrupting or destroying data.
How does a computer virus attack?
Once a virus has successfully attached to a program, file, or
document, the virus will lie dormant until circumstances cause the
computer or device to execute its code. In order for a virus to infect
your computer, you have to run the infected program, which in turn
causes the virus code to be executed. This means that a virus can
remain dormant on your computer, without showing major signs or
symptoms. However, once the virus infects your computer, the virus
can infect other computers on the same network. Stealing passwords or
data, logging keystrokes, corrupting files, spamming your email
contacts, and even taking over your machine are just some of the
devastating and irritating things a virus can do.

While some viruses can be playful in intent and effect, others can have
profound and damaging effects, such as erasing data or causing
permanent damage to your hard disk, and worst yet, some are even
design with financial gains in mind.

How do computer viruses spread?

In today’s constantly connected world you can contract a
computer virus in many ways, some more obvious than others. Viruses
can be spread through email and text message attachments, Internet
file downloads, social media scam links, and even your mobile devices
and smartphones can become infected with mobile viruses through
shady App downloads. Viruses can hide disguised as attachments of
socially shareable content such as funny images, greeting cards, or
audio and video files.

To avoid contact with a virus it’s important to exercise caution

when surfing the web, downloading files, and opening links or
attachments. As a best practice, never download text or email
attachments that you’re not expecting, or files from websites you don’t
trust.

1.8 Tele/Video Conferencing – Leah Joy Belanda

Video conference (video conferencing)
A video conference is a live, visual connection between two or
more people residing in separate locations for the purpose of
communication. At its simplest, video conferencing provides
transmission of static images and text between two locations. At its
most sophisticated, it provides transmission of full-motion video images
and high-quality audio between multiple locations.
DEFINITION of “Video Conferencing”
Video conferencing is a technology that allows users in different
locations to hold face-to-face meetings without having to move to a
single location together. This technology is particularly convenient for
business users in different cities or even different countries because it
saves the time, expense and hassle associated with business travel.
Uses for video conferencing include holding routine
meetings, negotiating business deals and interviewing job candidates.

BREAKING DOWN 'Video Conferencing'

Video conferencing's main advantage over teleconferencing is
that users can see each other, which allows them to develop stronger
relationships. When a video conference is held for informal purposes, it
is called a video call or video chat.

Different Ways to Hold Video Conferences

There are variety of ways video conferencing can be conducted.
Individuals may use web cameras connected to our built into laptop,
tablet, or desktop computers. Smartphones equipped with cameras
may also be used to connect for video conferences. In such instances, a
software-based platform typically is used to transmit the
communication over Internet protocols. The stability and quality of the
video conference may fluctuate with the speed and reliability of the
data connection.
Some businesses use dedicated video conferencing rooms that
have been equipped with high-grade cameras and screens to ensure
the conversation is clear and with limited technical faults.
Video conferencing can also be used as a medium for conducting
training, with the instructor teaching a remote class from most
anywhere. This can be done in a corporate context, especially for
getting workers the knowledge they need to better perform their jobs.
The academic world can also make use of video conferencing to
connect a traditional classroom setting with students who are based a
considerable distance from the school.

Teleconference
A teleconference is a telephone meeting among two or more
participants involving technology more sophisticated than a simple two-
way phone connection. At its simplest, a teleconference can be an
audio conference with one or both ends of the conference sharing a
speaker phone. With considerably more equipment and special
arrangements, a teleconference can be a conference, called a
videoconference, in which the participants can see still or motion video
images of each other. Because of the high bandwidth of video and the
opportunity for larger and multiple display screens, a videoconference
requires special telecommunication arrangements and a special room
at each end. As equipment and high-bandwidth cabling become more
commonplace, it's possible that videoconferences can be held from
your own computer or even in a mobile setting.

A teleconference or teleseminar is the live exchange and mass

articulation of information among several persons and machines remote
from one another but linked by a telecommunications system. Terms
such as audio conferencing, telephone conferencing and phone
conferencing are also sometimes used to refer to teleconferencing.
The telecommunications system may support the teleconference
by providing one or more of the following: audio, video,
and/or data services by one or more means, such
as telephone, computer, telegraph, teletypewriter, radio, and television.

Internet teleconferencing includes internet telephone

conferencing, videoconferencing, web conferencing, and augmented
reality conferencing.

Internet telephony involves conducting a teleconference over

the Internet or a Wide Area Network. One key technology in this area
is Voice over Internet Protocol (VOIP).
Popular software for personal use includes Skype, Google
Talk, Windows Live Messenger and Yahoo! Messenger.

Advantages of Teleconferencing - KC
1. Saves Time – The most important advantage of teleconferencing
is time-saving. With teleconferencing, it is possible to hold
meetings on a very short notice. In addition, there is no time
spent traveling to the venue of a meeting as all meetings are held
through machines or Internet. Reduced mileage translates to
thousands of hours of travel saved every year. Teleconferencing
also encourages punctuality as meetings are scheduled and done
at fixed time frames.
2. Save on Travel Expenses – In addition to time, travel costs can
be quite significant when added up over a long period. Most
companies that have a global reach incur massive costs
associated with the travel ever year. Teleconferencing, however,
removes the need to travel often and thus saves huge company
resources. Attend meeting thousands of miles away is now faster
and less cumbersome.
3. Efficient Record Keeping – One of the main teleconferencing
advantages is efficient meeting recording keeping. Computing
devices are able to record, keep logs and track every detail of a
particular online meeting without needing a lot of monitoring. This
 makes teleconferencing facilities among the best tools for
capturing and storing important meeting data. Teleconferencing
also makes it very easy to retrieve this data in the future and
make references whenever necessary.
4. Cut Conference Costs – There are indeed many logistical costs
associated with holding a conference. Hiring equipment, acquiring
a venue, buying food and refreshment are just some of the
normal costs associated with any meeting. Teleconferencing
removes all these costs as no such arrangements need to be
made. The flexibility of teleconferencing also ensures that
meetings are held as often as possible with no extra costs being
incurred.
5. Encourage Productivity – The fifth teleconferencing advantage
is that teleconferencing ensures that workers at various
hierarchies in the company structure are in constant
communication. This translates to effective information-sharing
and prompt actions. Such recurrent engagement is a motivational
factor that results turns out increased productivity.
Teleconferencing also makes multi-branch management easier as
the proximity of every department of a company is optimized.
6. Reliability – Teleconferencing is one of the most reliable ways of
holding meetings. This reliability has increased exponentially over
the years due to advancement in technology. Teleconferencing
channels are today much more stable and communication
challenges are almost non-existent. It is also a very secure mode
of communication where the safety of data as well as privacy is
guaranteed.

Disadvantages of Teleconferencing
1. Prone to Technical Challenges – The main difference between
machines and humans is that machines are prone to wear and
tear. Technical challenges can thus hit teleconferencing systems
at any time. This can lead to time wastage and other
inconveniences. Most technological systems also come with a
learning curve. Lack of know-how can hinder a person from
effective utilization of teleconferencing facilities.
2. Less Effective Nonverbal Communication – When compared
to an actual meeting, teleconferencing is a less effective mode
of business communication. This is because important nonverbal
aspects of business communication like body language and
human contact are disregarded. Nonverbal cues are very crucial
to holistic communication. The lack of such cues makes it
impossible to pick important signals that could lead to a more
productive interaction.
 3. Space Limitations – The fact that teleconferencing occurs on a
screen means that a lot of information is disregarded due to
limited space. It is, for instance, nearly impossible to deliver all
graphical data effectively even when holding a live online
meeting. Even with a big screen, simultaneous actions are not
possible in the same way they are at an actual meeting.
Consequently, some information is lost or not effectively
covered.
4. Discourages Team Dynamics – Another teleconferencing
disadvantage is that teleconferencing lacks the dynamism of a
real conference where participants are able to have a shared
engagement and raise or respond to issues instantaneously. This
means that it is often difficult to effectively interject or share
ideas as they arise. The lack of dynamism ultimately leads to few
people taking control of meetings at the expense of other people.
5. Eliminate Informal Interactions – The common pre-meeting
and post-meeting conversations are often very important in
setting the stage for the day's agenda and even future meeting
agendas. Such informal engagements are also where some key
ideas arise concerning important matters like policy and
planning. With the lack of such small talk, teleconferencing can
be seen as a rigid and non-progressive mode of conferencing.
6. Affect Professionalism – The fact that machines are the main
intermediary between the different parties involved in the
meeting, which can affect professionalism. This is because
participants are often forced to multitask. This multitasking can
shift the focus of participants to other issues that are unrelated
and not beneficial to the meeting.

1.9 Online Defamation –Lycel Igbaras

The legal term for getting one’s reputation dragged through the
mud is “defamation of character.” Verbal defamation is known as
slander. When defamation comes in written form, it is known as libel. In
the era of the Internet, it is scarily simple for someone you do or don’t
know to go online and cause lasting harm to your reputation

Cyber and Online Defamation

The tort of cyber defamation is considered to be the act of
defaming, insulting, offending or otherwise causing harm through false
statements pertaining to an individual in cyberspace. This is commonly
done through the Internet via websites, blogs, forums, emails and
instant messaging, chat rooms and now in the social networking
sphere. Defamation law in general describes the tort as “the issuance of
a false statement about another person, which causes that person to
suffer harm” (Larson) where libel is the written form and slander is
spoken. Libel is typically the form addressed with cyber defamation
because the Internet essentially receives the same protections as print
and published media.

The other elements applied to defamation include:

 The unprivileged publication of the statement to a third party
 If the defamatory matter is of public concern, fault amounts at
least to negligence on the part of the publisher
 Perceivable damage to the plaintiff

Along with the core elements of defamation, the burden of proof

is placed on the plaintiff in a case, damages are usually awarded
monetarily and in the United States, truth is an “absolute defense”
(Larson).

Cyber or online defamation is considered to be as, if not more

harmful than defamation in the form of libel and slander in the brick
and mortar, physical world. In some cases, the effects of online
defamation could be exponentially worse than an offline incident due to
the global nature of the Internet and the fact that the statements can
be accessed by virtually anyone. In addition to this, the issue of
anonymity online raises even more concern when dealing with
defamation because the author or origin of the statements may be very
difficult to trace depending on the medium.

What Is Defamation?
The publication or broadcast of any libelous or slanderous
statement about an individual or business that can be proven to be
false and published with the intention of harming that entity's
reputation is considered to be defamation. Online defamation is the
publication of such statements made on any Internet based media
including blogs, forums, websites, and even social networking websites.
While many Internet users believe that they are free to say and do as
they like while on the Internet, this is untrue and the same defamation
laws and regulations stand for online defamation as they do in any form
of media.

Two types of Defamation - Robles

1. Libel – written defamation; published false statement that is
damaging o a person’s reputation.
2. Slander – oral defamation; a form of defamation that is
actionable as a common law tort in which an individual
makes an oral “publication” of a defamatory statement and
 of concerning the plaintiff that s heard by a third party
resulting in damage to the reputation of the plaintiff.

Recognized defenses to a defamation suit:

1. Truth
2. Opinion
3. Consent
4. Poor reputation

Related Legal Terms and Issues

 Civil Lawsuit – a lawsuit brought about in court when one person
claims to have suffered a loss due to the action of one another.
 Consent – to agree, approve, permit, comply, or yield
 Defendant – a party against whom a lawsuit has been fled in civil
court, or who has been accused f, or charged with a crime or
offense.
 Economic Loss – financial loss incurred by an individual or entity
as a result or property, damage, theft, injury, death, or other acts
by a third party.
 Monetary Damages – money ordered by the court to be paid to an
individual or entity as compensation for injury or loss caused by
the wrongful conduct of another party.
 Reputation – a common opinion that someone or something has a
specific characteristic; the way in which people thick of someone.
 Publication – the act of making something generally known
 Opinion – a judgment formed about something which is not
necessarily based on knowledge or fact.
 Malice – the intention to do evil, inflict injury, or cause suffering of
another.

1.10 Fraud – Jaybe Somogod

“A false representation of a matter of fact —
whether by words or by conduct, by false or misleading allegations, o
r by concealment of what should have been disclosed —
that deceives and is intended to deceive another so that theindividual
will act upon it to her or his legal injury.”

Fraud is commonly understood as dishonesty calculated for advantage.

A person who is dishonest may be called a fraud. In the U.S.
legal system, fraud is a specific offense with certain features.
Fraud is most common in the buying or selling of property, including re
al
estate, PersonalProperty, and intangibleproperty, such as stocks, bonds,
and copyrights. State and federal statutes criminalize fraud, but not all
cases rise tothe level of criminality. Prosecutors have discretion in deter
mining
which cases to pursue. Victims may also seekredress in civil court.

Fraud must be proved by showing that the defendant's actions involved

five separate elements:
(1) a false statement of a material fact
(2) knowledge on the part of the defendant that the statement is untrue
,
(3) intent on the part of thedefendant to deceive the alleged victim,
(4) justifiable reliance by the alleged victim on the statement, and
(5) injuryto the alleged victim as a result.

These elements contain nuances that are not all easily proved. Fir
st, not all false statements are fraudulent.
To befraudulent, a false statement must relate to a material fact. It sho
uld also substantially affect a person's decision to
enter into a contract or pursue a certain course of action.
A false statement of fact that does not bear on the disputed
transaction will not be considered fraudulent.

Second, the defendant must know that the statement is untrue. A

statement of fact that is simply mistaken is notfraudulent. To be fraudul
ent, a false statement must be made with intent to deceive the victim.
This is perhaps theeasiest element to prove, once falsity and materiality
are proved, because most material false statements aredesigned to mis
lead.
Third, the false statement must be made with the intent to depriv
e the victim of some legal right.
Fourth, the victim's reliance on the false statement must be reaso
nable. Reliance on a patently absurd falsestatement generally will not gi
ve rise to fraud; however, people who are especially gullible, superstitio
us, or ignorantor who are illiterate may recover damages for fraud if the
defendant knew and took advantage of their condition.
Finally, the false statement must cause the victim some injury tha
t leaves her or him in a worse position than she or
he was in before the fraud.
A statement of belief is not a statement of fact and thus is not fra
udulent. Puffing, or the expression of a glowingopinion by a seller, is like
wise not fraudulent. For example, a car dealer may represent that a par
ticular vehicle is "thefinest in the lot." Although the statement may not
be true, it is not a statement of fact, and a reasonable buyer wouldnot b
e justified in relying on it.

Fraud requires an additional element of False

Pretenses created to induce a victim to turn over
property services, or
money. Theft, by contrast, requires only the unauthorized taking of anot
her's property with the intent to permanently
deprive the other of the property. Because fraud involves more plannin
g than does theft, it is punished more severely.

Summary
In this module, Ethical Dilemma/Issues in the Cyberworld “to do this to
the right person, to the right extent, at the right time, with the right
motive, and in the rightway, that is not for everyone nor is it easy:
where goodness is both are and laudable and noble.” Aristole, Ethics
IL9).

Ethical dilemma emerges in a context of conflict between at least two

goods (values) with require different responses. These are following
Ethical Dilemmas like Invasion of Privacy, Theft, Hacking, Security, Copy
Infringement and etc.

Assessment
Direction: Encode/Computerized your answer in word processor or any
apps using pc or android phone and save. Then attach and submit it
online thru [email protected].
1. How does a computer virus attack?
2. How do computer viruses spread?
3. How Unfair Competition Happens?

Performance Tasks
Direction: Encode/Computerized your answer in word processor or any
apps using pc or android phone and save. Then attach and submit it
online thru [email protected]

1. Writing about Technology: IDENTITY THEFT

Identity theft occurs when someone acquires your personal information
and uses it to hijack your finances. A common scenario is a thief using
your Social Security number to open a credit card account in your
name. When the thief does not pay, it is your credit history that is
blemished. Consider this scam thoroughly, and then respond to the
following:

(a) List three steps an individual should take to avoid identity theft.
(b) List three steps a corporation that maintains your personal data in
its information system should take to safeguard your data.
(c) How can Internet activities contribute to the likelihood of identity
theft? How can this be prevented?
Literature Cited/Bibliography

 Ethics in IT 5th Edition (2015) Cengage Learning by George W.

Reynolds
 Ethics and Technology(Controversies, Questions and Strategies
for Ethical Computing 4th Edition (2013) by Herman T. Tavani
 Computing Essentials 2017 Complete Edition by Timothy J
O’Leary,
et,al
 www.yourdictionary.com/internet-piracy
 HTTP://WWW.QCC.CUNY.EDU/SOCIALSCIENCES/PPECORINO/
ETHICS_AND_LAW.HTM
 HTTPS://WWW.TECHOPEDIA.COM/DEFINITION/4297/INTERNET-SOFTWARE-
PIRACY
 https://www.webopedia.com/TERM/I/Internet_software_piracy.html
 HTTPS://WWW.UPCOUNSEL.COM/UNFAIR-COMPETITION