Computers in society:2

Intellectual property, sometimes abbreviated IP, refers to
property rights for individuals and organizations to intangible
creations of the human intellect – like books, music, inventions,
etc.

is a legal concept that defines rights to specific forms of
intellectual property – such as art, writings, and often software.

Patents are another legal concept that define rights to intellectual
property and are intended to protect inventions – including some
software-based inventions.

The key to understanding IP protection is to understand that what
is being protected is the intangible creative work – not its
particular physical form.
When we buy a physical copy of a book, we are buying the product
of IP – a physical collection of paper and ink. Even when we buy
the same work as an e-book, we are buying certain usage rights to
a product of IP, not the IP itself.
We may destroy, throw away, lend, resell, etc. a book that we have
purchased – but can we make copies of it?

With some very important exceptions we will discuss later, the
legal right to copy IP belongs to the owner of that IP – the
copyright holder.

The author of a particular piece of IP – or their employer in many
cases – may hold the copyright or they may transfer it to other
individuals or entities at will

typically, the lifetime of the creator plus 70 years
After the copyright protection duration ends, the works typically
become public domain – meaning that anyone may freely copy and
use them.

ˆ To make copies of the work
ˆ To produce derivative works such as translations and
adaptations
ˆ To distribute copies of the work
ˆ To perform the work in public
ˆ To display the work in public
While, again, there are several important exceptions to copyright
protections, infringement on these rights is subject to civil and
criminal penalties.

allows uses of copyrighted material that are
not likely to deprive authors or publishers of income for their work
– allowing fair use to occur without seeking permission.
The law identifies possible fair uses such as “criticism, comment,
news reporting, teaching (including multiple copies for classroom
use), scholarship, or research.”
However, these uses are all expressed in ways that are open to
interpretation.

1. The purpose and nature of the use – is it for commercial vs.
educational purposes, or does it transform the copyrighted
work into something new?
2. The nature of the copyrighted work – generally, the more
“creative” a work, the less likely its unauthorized use will be
seen as fair.
3. The size and significance of the portion used – copying a small
portion is more fair than copying something in its entirety.
4. The effect of the use on the potential market for or value of
the copyrighted work – fair use should not substantially
impact creative compensation.
No single factor alone determines whether a particular use is a fair
use, but the effect of the use on the compensation of copyright
holders is often weighted as the most significant factor.
Court decisions about copyright must be consistent with the First
Amendment - for example, courts generally rule that parodies of
other works are considered fair usage as they substantially alter the
copyrighted work to create a new expression based on it.
Copyright laws can have a chilling effect on free speech –
outcomes of copyright lawsuits are difficult to predict, and even the
threat of litigation can be sufficient to stifle expression.

The look and feel of a program refers to features such as pull-down
menus, windows, icons, gestures, and specific methods for users to
select or initiate actions – two programs can have similar interfaces
but use entirely unrelated structures and programming.
In the 80s and 90s, some companies won copyright infringement
suits against other companies whose software had a similar look
and feel: apple
The general trend for cases about copyright infringement for “look
and feel” has been to treat these superficial similarities as methods
of operation – analogous to how different car manufacturers can
have similar steering wheels and other control designs without
being sued for their similarities.
The main argument for protecting a user interface from copying is
when it is the result of a major creative effort – if you reinvent the
steering wheel, for example, you can lay claim to copyright and
possibly a patent.
This standard allows exclusions for superficial copying of widely
used interface trends, allowing programmers to focus on developing
truly new aspects of a system without requiring every ordinary
component be reinvented.

(DRM) technologies are a collection
of techniques that control access to and uses of intellectual
property in digital formats:
ˆ DRM includes hardware and software schemes using
encryption and other access control tools.
ˆ DRM implementations embedded in text, music, movies,
ebooks, etc. can prevent saving, printing, making excessive
copies, file distribution, extraction operations, and even
fast-forwarding over ads

Congress passed the Digital Millennium Copyright Act (DMCA) in
1998 - this law has two significant parts:
ˆ The anticircumvention provisions prohibit circumventing
technological access controls and copy-prevention systems
implemented by copyright owners in intellectual property.
ˆ The safe harbor provisions protect websites from lawsuits for
copyright infringement by users of these sites.

Programmers and researchers regularly find ways to crack, thwart,
or circumvent DRM – sometimes to infringe copyright on a large
scale and sometimes for a variety of legal purposes:
ˆ The anticircumvention provisions of the DMCA prohibit
making, distributing, or using tools to circumvent DRM
systems used by copyright holders.
ˆ These provisions provide for heavy penalties and fines for
violators – with some exceptions.

The safe harbor provisions of the DMCA protect websites and
social media companies from lawsuits and criminal charges for
copyright infringement when users post infringing material.
It requires that site operators make a “good-faith attempt” to keep
infringing material off of their sites and that they remove such
material when asked to do so by the copyright owners.
Like the safe harbor provisions of the Telecommunications Act of
1996 for other kinds of illegal content, this was a welcome
protection for website owners – recognizing the value of platforms
that host user content and the impossibility of perfectly reviewing
the legality of every post by every user.
The safe harbor provisions of the DMCA permitted the
development of thousands of sites that host user-generated
content, including blogs, photos, videos, recipes, reviews, and the
myriad other creative works we share online.

Under the safe harbor provisions of the DMCA, copyright owners
can request the removal of their content (and links to it) by
sending takedown notices – this is an imperfect process:
ˆ Often, infringing material appears and reappears faster than
content owners can find it and request its removal.
ˆ In particular for ad-sponsored content, the constant
appearance of unauthorized duplicates can substantially
impact the compensation for actual creators, who miss out on
the ad revenue generated by infringing copies.
ˆ Some argue that this allows ad-supported platforms, such as
YouTube, to profit substantially off of copyright infringement
in a manner similar to file-sharing sites – the burden of finding
unauthorized copies and requesting takedowns falls on the
copyright holders, not the platforms enabling the offenses.

There is a legal principle known as the Brussels Effect – the
unilateral globalization of regulations due to market mechanisms –
companies that operate within the EU (or other large regulatory
bodies) typically will bend towards adopting those standards
globally.
While there are important exceptions specified under the AIA for
research and other non-commercial uses, two highly probable
outcomes include a chilling effect on new AI applications by
smaller companies as well as increased consolidation of AI
products/services under already well-established companies.

Free software is an ideal, an ethical value, advocated and
supported by a large and unrelated group of programmers who
allow and encourage people to copy, use, and modify their
software:
ˆ The “free” in free software means freedom – not lack of cost
– though often there is no charge for free software.
ˆ Free software enthusiasts advocate allowing unrestricted
copying of programs and making the source code available to
everyone.
ˆ Software distributed or made public in source code form is
called open source.

To enforce the openness and sharing of free software within the
current legal framework that provides copyright protection, the
GNU project developed the concept of copyleft:
ˆ Under copyleft, the developer copyrights the program and
releases it under an agreement that allows people to use,
modify, and distribute it – or any program developed from it.
ˆ This release agreement applies only if the user of the copyleft
work attaches the same agreement to the new work – no one
can take a copyleft program and attach restrictions to limit its
use and distribution.

– any intentional, unauthorized access to computer
systems – is a significant component of a variety of serious digital
crimes such as theft, fraud, and sabotage:
ˆ Several years ago, hackers in Ukraine broke into news services
where they had access to information about corporate
earnings before that information was made public – this
information was used to make valuable stock trades.
ˆ Hackers intruded into systems of the U.S. government’s Office
of Personnel Management and stole the records of more than
20 million federal employees, including fingerprints and
background check data – many current and retired employees
later found themselves victims of identity theft.

The term “hacking” has been used in a wide variety of ways in the
history of computing:
ˆ In the early days of computing, a “hacker” was a creative
programmer who wrote very elegant or clever programs.
ˆ Although they sometimes found ways into systems where they
were not authorized users, early hackers mostly sought
knowledge and intellectual challenges – they discouraged
causing damage with their work.
The connotations of the word “hacker” changed as computers
became more widespread – and as more people began abusing
them:
ˆ For many, it was no longer enough to push technical and
intellectual limits when hacking – they pushed or broke legal
and ethical limits as well.
ˆ By the 1980s, hacking included spreading computer viruses –
at that time, mostly in software traded on floppy disks.
ˆ Hacking behavior then included pranks, digital vandalism,
harassment, theft, etc
During this time, hacking a computer at a big research center,
corporation, or government agency was a challenge that brought a
sense of accomplishment, many files to explore, and respect from
one’s peers.

malicious software used by hackers

ˆ Virus: software that attaches or adds itself to other software
– often a virus is a small portion of a program that can
replicate itself and perform other functions such as deleting
files or sending emails.

ˆ Worm: similar to a virus, but does not need to attach itself
to another program in order to function.
ˆ Worms are designed to exploit specific system flaws – once it
has gained access to a host system, it scans nearby systems for
similar flaws so that it can spread to those systems.

The Conficker worm – first detected in 2008 – infected millions of
computers, and, like some diseases, it lived on:
ˆ A variant of it was shipped in police body cameras in 2015.
ˆ When one of these cameras was attached to a computer, the
worm attempted to spread to the computer and contact a
distant server.

ˆ Trojan horse: malware that appears to be a benign software
application but carries a malicious component – the user
believes the program is safe and launches it, allowing the
malware to performs activities such as installing a virus or
sending spam.

Social engineering: the manipulation of people into releasing
information or performing a task that violates security
protocols.
ˆ This is in many instances the most efficient way to gain
unauthorized access – never discount the impact of the human
factor in systems security.

ˆ Phishing: sending messages designed to trick the recipient
into thinking they’ve received legitimate communications from
a trusted party – such as a business or organization – usually
used in conjunction with malicious links to sites that appear
to be legitimate but instead are owned by the hacker.
ˆ Usually these sites are direct copies of the legitimate ones,
fooling the recipient into entering sensitive information such as
usernames, passwords, and personal information.
ˆ Phishing attacks take advantage of human gullibility to obtain
the information needed to get unauthorized access.

Pharming: luring people to fake websites where thieves
collect personal data – usually involves planting false Internet
addresses in the tables on a DNS that lead the browser to a
counterfeit site set up by hackers instead of the user’s
intended address.

ˆ Ransomware: malware that encrypts some or all the files on
a computer or mobile device and then displays a message
demanding payment for the key to decrypt the files.
ˆ Often, the hacker demands payment in an anonymous digital
currency like Bitcoin.
ˆ Victims – especially those with no safe backups – usually pay
the ransom.
In February 2022, Nvidia – the world’s largest semiconductor
chip company – was compromised by a ransomware attack.
ˆ They confirmed that the hacker(s) had obtained sensitive
employee information as well as proprietary company data.
ˆ Rumor has it that Nvidia managed to both track and hack the
hackers in return.
ˆ In April 2022, ransomeware group Conti took over systems
belonging to the Ministry of Finance within the government of
Costa Rica – bringing government services as well as
import/export business nearly to a halt.
ˆ The group demanded $20 million in exchange for ending the attack. A common theme in ransomware attacks is encrypting the victim’s data after gaining unauthorized access – to exchange the encryption key for ransom payment.

Spyware: malware that can monitor and record user activities
on a computer or mobile device – often by logging keystrokes
on the keyboard to capture usernames, passwords, account
numbers, and other information.
ˆ More disturbing, some spyware can control a webcam and
record activity without the user knowing – even disabling a
webcam’s “active” light while still recording.

Miss Teen USA 2013 – Cassidy Wolf – inadvertently opened
an email attachment from a classmate that installed a
spyware package on her computer.
ˆ This classmate had purchased the spyware, which required
very little technical knowledge to deploy, for less than $100, and used it to watch and take photos of Wolf – and other young women. ˆ He later tried to extort money from her by threatening to sell the photos.

a group of computers or other devices on the
Internet that have a virus or piece of malware that
communicates with a central server controlled by a hacker – a
coordinated army of compromised devices.
ˆ The infected devices are referred to as bots or zombies.
ˆ The hacker issues commands from the central server directing
the botnet to perform tasks such as sending spam,
participating in online advertising fraud, or initiating a
distributed denial of service attack.
ˆ Botnets are extremely difficult to eradicate – most comprise
millions of computers and other devices, and the virus can
reinfect devices quickly.
ˆ They’re typically brought down by law enforcement taking
control of the hacker’s physical server hardware.

(DDos) attacks use botnets to
overwhelm websites, mail servers, or other Internet locations with
so many requests for service that normal users cannot access the
sites or services.
ˆ In some cases, the attack brings down the sites’ servers.
ˆ Targets often are large ompanies and websites – or even large
swaths of the Internet.
ˆ For example, an attack in 2016 used hundreds of thousands of
video recorders, cameras, and other devices on a botnet called
Mirai to interrupt access to more than a thousand sites
including Paypal, Twitter, Netflix, Reddit, GitHub, Airbnb,
and Sony’s Playstation network.

Backdoor: software that allows access to a computer system
or device at a future time by bypassing the normal layers of
security checks.
ˆ A hacker might install a backdoor, or a software developer
might intentionally write one into a system so that they can
regain access easily for maintenance or to gather usage profiles.

Identity theft describes various crimes in which a criminal
fraudulently uses the identity of an unknowing person:
ˆ Criminals use stolen payment card numbers to buy expensive
items, or many cheap items, or worse – sell the numbers for
many others to use them.
ˆ They use personal information – such as Social Security
numbers – to open new accounts in the victim’s name.
ˆ Only semi-related – never trust someone with a good memory
for numbers with your personally identifying information, like
account numbers or SSNs.
ˆ Also, have the post office forward your mail immediately when
you move.

Hacktivism is the use of hacking to promote a political cause.

works by essentially requiring two forms of “ID”
from different categories: information that you know (ex.
PIN), information specific to you (biometric data), or
information provided by something you possess (fob, phone,
etc.)
You should all be familiar with common two-factor authentication
– requiring a code sent by text to your phone when you log in from
a new device, for example.
Multi-factor authentication is not a new concept – for example,
when you swipe a physical payment card and enter your PIN, you
are performing two-factor authentication.
Most multi-factor authentication schemes for consumers are
reasonably secure

attempting to gain access to an information system or
app and violate the confidentiality, integrity, or availability of the
system or its services.
The person or team performing penetration testing assumes the
role of a hacker and uses many of the same techniques hackers use
– to keep up with hackers, you need to think like one.

CALEA requires that the design of telecommunications
equipment ensures that the government can intercept
telephone calls with a court order or other authorization.
ˆ In the past, engineers designed communications equipment for
its communications purpose – the FBI developed its own tools
for interception.
ˆ The significance of CALEA is that, previously, the government
could not require the design and modification of
communications equipment to meet the interception needs of
law enforcement.

As a federal law, the CFAA covers areas over which the federal
government has jurisdiction:
ˆ This includes government computers, financial systems, and
computers used in interstate or international commerce or
communication.
ˆ That last category includes all computers connected to the
Internet.
ˆ Under the CFAA, it is illegal to access such a device without
authorization, or to exceed one’s authorization, and read or
copy information.
Sections of the CFAA address altering, damaging, or destroying
information and interfering with authorized use of a computer:
ˆ These sections cover denial-of-service attacks and the
launching of computer viruses and other malicious programs.
The CFAA is the main antihacking law, but prosecutors also use
other federal laws to prosecute people for crimes related to
computer and telecommunications systems:
ˆ Illegal actions include: access to commit fraud, disclosing
passwords or other access codes to unauthorized people, and
interrupting or impairing government operation such as public
communication, transportation, or other public utilities.

increasing
penalties for a first offense and for hacking computers used by the
criminal justice system or the military:
ˆ It also permits the government to monitor online activity of
suspected hackers without a court order in some cases.
ˆ Definitions of the actions to which the PATRIOT Act’s
antiterrorism provisions apply are broad and include activities
some do not believe qualify as terrorism.

ˆ At home, in the past, they only had to deal with their home
country’s laws – the Internet changed this.
ˆ Many governments now act on the assumption of a principle
called the responsibility-to-prevent-access principle.
It is the responsibility of providers of services and information to
make sure their material is not accessible in countries where it is
illegal.
Governments in countries where the material is illegal may
prosecute – and people in those countries may sue – the providers
of services and information who do not responsibly prevent access.

The Act makes foreign libel judgments unenforceable in the
United States if they would violate the First Amendment.
ˆ Even if U.S. courts do not enforce such foreign court
decisions, foreign governments can seize the assets of U.S.
companies that are in their country or arrest visiting
individuals or executives of companies that do not comply
with their censorship orders.
libel is written defamation

There is an alternative to the responsibility-to-prevent-access
principle called the authority-to-prevent-entry principle:
ˆ The government of Country A can act within Country A to
block the entrance of material that is illegal there but may not
apply its laws to the people who create and publish the
material, or provide a service, in Country B if it is legal there.

For thousands of years, most people worked at, or close to, home:
ˆ The Industrial Revolution led to a major shift as many jobs
moved to offices and factories, yet working at home continued
to be common for certain kinds of jobs.
ˆ Doctors – especially in small towns – had their medical offices
in their homes and shopkeepers often had an apartment
behind or above the store.
ˆ By the 20th century, professional and office workers worked
mostly in offices at an employer’s location.
Computers, the Internet, and wireless communications brought
about another shift in work location:
ˆ People who are employees of large companies can often work
away from their desk and away from their company office.
ˆ Individuals and small businesses operate globally, from home,
via the Internet.
ˆ Telecommuting (or remote work nowadays) refers to
working at home (or elsewhere) using computing equipment
instead of commuting to an employer’s office.

ˆ By replacing or shrinking large downtown offices – where real
estate is typically expensive – remote work reduces overhead
for employers and can generate significant savings for them.
ˆ Many employees report that telecommuting has made them
more productive, more satisfied with their jobs, and more loyal
to their employers.
ˆ Telecommunications in general makes it easier to work with
clients, customers, and employees in other countries –
expanding the reach of many businesses and their employees.
Some things that remote work reduces:
ˆ Time and expenses for commuting – and for acquiring work
clothes or uniforms
ˆ “Rush-hour” traffic congestion and the associated pollution
and energy use
ˆ Lost work time during and after blizzards, hurricanes, or other
disasters that close roads or discourage travel – assuming that
power and Internet access remain available
ˆ The number of disabled or elderly people who cannot work
because commuting is physically difficult

ˆ Corporate loyalty of telecommuters can be weakened – and
social bonds are more easily formed in the workplace than via
Zoom.
ˆ Lacking immediate supervision, some people are less
productive – others may work too hard and too long.
ˆ Employees complain that the costs of office space and
overhead that were reduced for the employer simply shifted to
the employee who must give up space at home for the office.

ˆ These laws specify criteria that determine how a job is
classified and require that employers provide certain benefits
only for employees.
ˆ Small business owners, self-employed professionals (including
freelance programmers), and other independent contractors do
not receive employer-provided benefits.
ˆ In traditional work, independent contractors get higher pay to
cover the cost of some of these unprovided benefits.

ˆ Many sharing-economy companies exert more control over
workers than is common for independent contractors – but
less than is common for employees.
ˆ Gig workers have sued several companies to be classified as
employees and thus to receive employee benefits – to varying
degrees of success.
ˆ For example, in the UK, a court ruled that ride-share drivers
are employees and are therefore covered by laws about
minimum wage, sick pay, vacation pay, etc.
What about classifying gig workers as employees in the U.S.?
ˆ There have certainly been lawsuits seeking a reclassification –
and obviously California attempted to pass its own laws:
ˆ In 2020, California passed a law requiring such services to
reclassify gig workers as employees – and then exempted
ride-share and delivery services from it.
ˆ The U.S. Department of Labor has gone back and forth on
their position about gig work employees/contractors due to
the turbulent and highly polarized behavior of U.S. politics
over the past decade
The U.S. Labor Dept. has recently been considering new rules to
determine how gig workers should be classified:
ˆ Most federal and state labor laws, such as those requiring a
minimum wage and overtime pay, only apply to a company’s
employees – who can cost companies up to 30% more than
independent contractors.
ˆ The proposal would require that workers be classified as
employees when they are “economically dependent” on a
company.
ˆ Other factors that could affect reclassification include:
worker’s “opportunity for profit or loss, investment,
permanency, the degree of control by the employer over the
worker, and whether the work is an integral part of the
employer’s business.”

ˆ Employee classification greatly impacts the employer’s liability
– companies are likely to set minimum hours and additional
requirements about where, when, and how a person works,
reducing flexibility in these jobs.
ˆ An increase in the total cost of a worker results in a decrease
in company profit – this means an increase in prices to the
consumer.
ˆ The obvious advantages to workers who become employees
are the additional income in the form of benefits, the right to
form labor unions, etc.

Alternatives to classifying gig workers as employees include the
creation of a new labor category – perhaps dependent contractors:
ˆ Given how poorly gig work fits into the traditional binary split
of classification, we could specify and hopefully protect
workers in the middle ground between employee and
independent contractor.
Another alternative is to amend labor laws to allow more flexibility,
with workers and companies deciding the status of their
relationship by contract rather than by law.

hiring companies or employees in foreign
nations – an impactful social and political issue.

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