IS4542 Seminar 3

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IS4542 Seminar 3

• A Framework for
• Investigating Ethical Dilemmas and
• Finding Actionable Solutions

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Layout

• Introduction
• A Simple Case
• Step I - Analyse the Situation
• Step II - Make a Defensible Ethical Decision
• Step III - Describe steps to Resolve the current
  situation
• Step IV - Prepare policies and strategies to
  prevent recurrence

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Introduction

• Analysing ethical dilemmas or problems is a
  complex task
• Often there are many relevant facts, many
  stakeholders involved, and many opposing
  considerations
• The situation may have both ethical and legal
  components
• The situation may involve conflicts of public
  interest and personal values

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Introduction

• So it is helpful to apply a standard analytical
  framework to all such cases
• In this way we can aim to achieve analytical
  rigor, while at the same time ensuring that all
  the relevant facts and issues are considered.
• Next we look at a simple case and then see how
  the framework can help us analyse it.

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A Simple Case

• Clare is a systems analyst at Tak Kee, Inc., a
  large distributor of electronic equipment. Clare
  is the facilitator and trouble-shooter for 127
  end-users in different sites. She spends up to 12
  hours a day one-on-one with her users. She has to
  travel to her users and see the problem exactly
  as her users on their screens.

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• A new utility program called LANSCAPE has changed
  her work completely - enabling her to help remote
  users from her desk.
• LANSCAPE allows her to view and even take over
  the activities of network users.
• Moving electronically from one troubled user to
  another, she even has time to scan users'
  activities without their making a request, giving
  proactive rather than reactive service.

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• Thus, Clare can scan users without their
  knowledge, and help the ones in trouble before
  they even call.
• Simon is the AVP-IS at Tak Kee. Clare discusses
  with Simon the increase in user satisfaction and
  productivity by the use of LANSCAPE and
  recommends that LANSCAPE should be made available
  to all support personnel.

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• Alice is the AVP-PR at Tak Kee.
• Simon met Alice for lunch one day and told her
  about LANSCAPE. Alice was interested that one
  could look at the screens on people's
  workstations without their knowledge. She
  requested Simon to have LANSCAPE installed on
  her PC.
• Alice explained that she suspects a number of
  employees are using company time to exchange MP3
  files.

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• Alice had tried various surveillance methods
  without success and so now wants to use LANSCAPE
  to check randomly on what the suspects are doing.
• Simon frowned and said, "Hmm, I don't know if I
  should give you that software, Alice. Let me
  think about it and get back to you".

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• Step I Analyse the situation
• What are the relevant facts?
• List, in as much detail as possible, all the
  facts that you think are relevant
• Try to distinguish between facts and value
  judgements
• Subdivide your facts into subjective and
  objective ones

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• Who are the Stakeholders?
• List important stakeholders only
• Fringe stakeholders may not contribute to the
  final solution
• Clare Director of user support Simon Alice
  Other support personnel
• Computer users at Tak Kee Tak Kee Inc. All Tak
  Kee Employees
• The suspected MP3 traders
• The producers of LANSCAPE

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Step II Make a defensible ethical decision

• This is the most important and complicated step
  of the analysis. We looked at some of the
  relevant issues and analytical tools in Classes
  1/2.

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• Isolate the Key Issues
• Should...
• Simon give LANSCAPE to Alice ?
• Alice use LANSCAPE to monitor users without
  telling them?
• Clare ask her users before observing them?
• Clare move electronically with(out) the knowledge
  and/or consent of her users?

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• Should...
• Tak Kee establish a policy for computer
  monitoring?
• Alice have told Simon about the suspected MP3
  exchanging?
• You may feel that some of the issues are more
  important than others - and so need to be
  weighted accordingly.

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• Does it matter/Is it important that
• transferring MP3 files is not seen by the public
  to be a serious crime compared with money
  laundering?
• the producers of LANSCAPE do not intend their
  product to be used for monitoring in this way?
• Tak Kee had no policy on computer monitoring?
• Alice had already approved other forms of
  surveillance?

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Examine the Legal Issues

• Do we have legal or illegal actions here?
• MP3 exchanges
• Monitoring / Surveillance
• Which problem are we trying to solve MP3,
  monitoring or both?

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Consult Guidelines

• No company policy exists on computer monitoring.
• Simon, being a computer professional, is bound by
  a professional code of conduct.
• Various Codes of Professional Conduct guide him
  in one direction with some rules, but in a
  different direction with other rules.
• Is the Golden Rule useful?
• How about the Informal Guidelines - Mum, TV,
  Market?

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Discover the Applicable Principles

• The Principle of Harm Minimization
• Rights and Duties
• Utilitarianism
• Consistency and Respect
• Teleology - are the results more important than
  the means?

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Make a Defensible Choice

• Issue
• user privacy versus rights and duties
• public good of apprehending MP3 traders (do we
  even agree that this is a public good?)
• corporate good of the value of LANSCAPE

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Step III Describe Steps to Resolve the Current
Situation

• Options
• Give Alice LANSCAPE
• OR
• Deny Alice's request
• Which options
• Involve top management?
• Get answers about company policy?
• Get answers to other questions?

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Defend your recommendation - what else has to
happen?

• Get company decision to set up policy about
  computer monitoring
• LANSCAPE's use and purpose must be publicised and
  explained
• Implement your recommendation
• Publishing the policy
• Justifying limited monitoring
• Recommend short-term corrective measures

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• Find key points
• decision to perform surveillance, policy already
  needed
• workplace impact analysis (WIA) on original use
  of LANSCAPE
• Recommendations
• Develop a company policy on computer monitoring
• WIA to be completed upon introduction of new
  software

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Step IV Further Analysis

• Altering parameters to discover control
  variables
• Does it make a difference that Tak Kee was an
  electronics company?
• Does it make a difference that Alice is a woman?
• What if a user objected to Clare's observing and
  complained?
• What if Clare had discovered some improper
  computer use?

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• Apply knowledge of
• organisations
• politics
• legislative process
• technology
• society
• to suggest a long-term solution

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For this case

• Foster a culture of responsible and professional
  practice in Tak Kee
• Develop a code of practice, teach it, and reward
  it
• Establish a hot line to report suggestions or
  violations of the C-of-P
• Enact some laws to protect workers.