Legal and Ethical Issues

Most of us know the difference between right and wrong. We have been raised to respect the properties of others, be it physical or intellectual in nature. We would never dream of walking into someone's home and taking an item from them to use for our own enjoyment without first seeking their permission, and it reality we most likely wouldn't even think of asking for such a thing.

But technology makes the playing field a bit hazy. With the ability to use technology to do things so easily, and in many cases with anonymity, we find that people have different ethical behaviors in this arena. Why should that be? Is it because they think they won't get caught? Is it because they are lazy? Is it because they think whatever is "out there" is theirs for the taking?

For the most part, the same rules apply to technology related products and information as do elsewhere, and an entire branch of the legal industry has developed to deal with what is now classified as Cyber Crime. It could be as innocent as plagiarizing a paper for a class, or as damaging as having one's identity stolen because of unscrupulous actions to break into your account information at a bank. Whatever the nature of the behavior, it is critical that we recognize the issues surrounding the legal and ethical use of technology, both personally and professionally.

Computer ethics is concerned with standards of conduct as they pertain to computers and related technologies.

As educators, we must discuss ethical behavior with our students, staff and faculty to ensure that proper ethical behavior is followed at all times. One suggestion is to post the following list near computers used in schools. The list, originally created in 1992, is generic in concept, although new technologies might need to be addressed in some of the items. For example, item #6 should be rephrased to include specific forms of media rather than simply stating software, which implies only computer programs. In today's world, the illegal duplication of music is much more wide spread than at the time of this publication.

THE TEN COMMANDMENTS FOR COMPUTER ETHICS

Created by the Computer Ethics Institute

1.

Thou shalt not use a computer to harm other people.

2.

Thou shalt not interfere with other people's computer work.

3.

Thou shalt not snoop around in other people's files.

4.

Thou shalt not use a computer to steal.

5.

Thou shalt not use a computer to bear false witness.

6.

Thou shalt not use or copy software for which you have not paid.

7.

Thou shalt not use other people's computer resources without authorization.

8.

Thou shalt not appropriate other people's intellectual output.

9.

Thou shalt think about the social consequences of the program you write.

10.

Thou shalt use a computer in ways that show consideration and respect.

Within schools, there are obvious violations to ethical behavior when using technology. A student might sabotage another's student's work if that work is not password protected. A student might try to break into a teacher's gradebook, or access a test or quiz planned for the class. Less obvious actions might include a teacher finding another teacher's lesson plan and using it as his or her own original work.

In some cases, teachers have lost computer privileges because of their behavior. For example. a middle school teacher was denied access to the Internet after it was discovered that she accessed eBay during school hours. A principal was found researching ski conditions in Colorado for his upcoming vacation, and a custodian was found checking professional sports scores and participating in an online betting scheme. In all cases, these employees were given reprimands, and were allowed to remain in their positions, however, there have been cases of educators who have lost their positions because of their use of technology in an unauthorized manner, often times not even realizing that they were engaged in unethical behavior.

Consider the teacher who was planning her wedding and designed the wedding invitations on one of the school's computers. She had purchased special paper and printed the invitations using the school's laser printer in the workroom, set up a database of guests and their gifts, and was so proud of herself for knowing how to use technology to do all of this. Her colleagues thought she was amazing, and talk spread quickly to the main office. Her files were confiscated and a letter of reprimand was placed in her permanent employment records. This unfortunate event made it impossible for her to be considered for leadership positions, and proved to be very embarrassing. She eventually left the school division.

On March 21, 2006, the Virginian-Pilot published an article regarding a teacher's use of the email system which was in violation of the school division's acceptable use policy on technology use. In the article it was stated that she had sent an email message to all employees of the school division announcing her husband's candidacy for a school board position in a neighboring city, and inviting everyone to attend a campaign meeting for him. He had been employed by the school division in which the email was distributed. She was reprimanded because it was against school board policy to engage in support of political candidates.

When you are first offered a contract as a teacher, the excitement and anticipation of actually fulfilling your dreams to become a teacher are paramount in your mind. As you sign the paperwork presented to you, remember that you will be asked to sign an Acceptable Use Policy regulating what you can and can not do regarding the use of the technology available to you. take the time to read through the document carefully. Ignorance is no excuse when faced with legal action. It is up to you to be responsible for this information. In doing so, you will model effective ethical behavior.