Analysis of the situation using the Doing Ethics Technique
Discuss about the Aristotelian Virtue Ethical Character Education.
Information and Communication Technology (ICT) has become a mandatory requirement of every industry in the current times as there are certain ICT components that are involved in giving shape to the business activities and operations. With the increase in the usage of ICT, there are several ethical issues and dilemmas that have come up.
The report covers an ethical analysis of one such issue carried out by Edward Snowmen, an employee of defence contractor Booz Allen Hamilton working with the National Security Agency (NSA) in the United States. It was reported in June 2013 that Snowden had leaked some confidential documents to The Guardian and The Washington Post. The leaked files and details included information on the data mining operations that were carried out by NSA on millions of US phones and internet traffic as part of their surveillance program. It was being carried out to identify the possible terrorist as part of the surveillance activity.
The act by Snowden is being viewed as a whistle blower by some entities to draw attention of the security experts towards the violation of Intellectual Properties by NSA. While, some believe Snowden as a traitor as he leaked the data and fled from the country. The issue is analysed from the ethical perspective using Doing Ethics Technique (DET) and Australian Computing Society (ACS) Code of Ethics.
Edward Snowmen, was an employee of defence contractor Booz Allen Hamilton working with the National Security Agency (NSA) in the United States. It was reported in June 2013 that Snowden had leaked some confidential documents to The Guardian and The Washington Post. The leaked files and details included information on the data mining operations that were carried out by NSA on millions of US phones and internet traffic as part of their surveillance program. It was being carried out to identify the possible terrorist as part of the surveillance activity.
The United States and other countries lay emphasis on the adherence and protection of Intellectual Properties by developing the regulatory and legal policies in support of the same. Also, the employees of the business organizations are responsible for protection and securely handling the sensitive and confidential data sets. These legal and regulatory policies and laws have been violated in this act (Simpson, Nevile and Burmeister, 2003).
What are the issues?
The release of sensitive and confidential information associated with the surveillance programs being carried out by NSA to the media would lead to the exposure of the measures that the agency develops in order to control the malicious and terrorist activities. ICT is being utilized by the terrorists to give shape to the terrorist attacks on the basis of valuable information that is captured. The act by Snowden would provide the terrorists with the control measures being adopted by the Government and hence, it will strengthen their attempts.
Virtue Ethics
All the business organizations must adhere to the Intellectual Property (IP) and Copyright policies. The use of the confidential data sets of the users though their phones and Internet traffic by NSA may lead to the violation of such policies (Levy, 2011).
The following entities will be affected by the act:
- Edward Snowden: Edward has violated the ethical, legal, and regulatory policies and will be terminated from the organization and will have to suffer from legal punishments and obligations:
- Booz Allen Hamilton: The defence contractor’s reputation in the market will deteriorate because of the action performed by Snowden.
- National Security Agency (NSA): The agency will be answerable to the customers as well as the other legal bodies. It may also have to go through the legal obligations on the violation of IP rights of the users.
- End-Users/Data Owners: The owners of the confidential and sensitive information may suffer as the information sets may be misused by the terrorists to give shape to the attacks.
According to this ethical theory, an activity is termed as ethical only when the doer has positive virtues associated with the act. In case of the involvement of the negative virtues, an act is evaluated as unethical.
In the case study, there are two main actions involved as the leakage of information by Snowden and the usage of information by NSA. The virtue behind the usage of confidential information by NSA is to protect the users and the citizens of The United States from any of the terrorist activities. The virtues include enhancement of quality of life, public benefit and safety. However, the virtues associated with Snowden on giving shape to the security attacks include selfish interests, personal gains, and damage to others (Curren, 2016).
Therefore, on the basis of this ethical theory, the act performed by NSA is ethical whereas the act given shape by Snowden is unethical.
The ethical theory of Consequentialism evaluates an act as ethical or unethical on the basis of the consequences and outcomes that result from the same.
The outcomes from the usage of the private data of the users from their phones and Internet traffic would have led to the development of data mining algorithms that may have assisted in the surveillance and control of the terrorist activities. The other possible security risks and attacks would also be controlled by recognizing the patterns and trends associated with the data sets. Thus, the consequences are positive in nature (Heinze, 2005).
The act given shape by Snowden led to the social disturbances as the users could not understand the benefits of such an activity being performed by NSA. Also, it provided an edge to the terrorists as they could understand the countermeasures being performed by NSA to prevent and avoid the terrorist activities. The reputation of NSA as well as the defence contractor was also put at stake. This, the consequences are mostly negative in nature.
Therefore, on the basis of this ethical theory, the act performed by NSA is ethical whereas the act given shape by Snowden is unethical.
The ethical theory of Deontology Ethics states that an act is ethically valid only when it adheres to the regulating laws and policies. In case of violation of the regulatory norms, an act is termed as unethical on the basis of the principles of this ethical theory.
Theory of Consequentialism
The usage of private and confidential information sets of the users would have been considered as the violation of IP rights only when the information was being read through or misused. The sole purpose of using the data was to identify the data mining operations for the purpose of surveillance under protected environment (Baumane-Vitolina, Cals and Sumilo, 2016).
However, the act performed by Snowden violates the ethical and professional principles of the organization and also violates the IP rights and policies.
Therefore, on the basis of this ethical theory, the act performed by NSA is ethical whereas the act given shape by Snowden is unethical.
NSA must release a public statement explaining the users about the motive behind the usage of the data from their phones and Internet traffic. Also, it must list out the benefits that such an act will cause to the users and the protective measures that were used to handle the data sets. Snowden shall be immediately terminated from service and there shall be legal actions performed against him.
NSA must also find out alternate measures to put a check on the terrorist activities using user data and network information so that the terrorists do not succeed in taking advantage of the situation.
The following options may be utilized:
- Denial of such an act by NSA and continuing with the regular services being carried out to develop the surveillance program.
- Acceptance & explanation of the usage in public and adopting an alternate policy for surveillance along with tracking Snowden and putting legal obligations on him.
- Stopping all the information exchanges and transactions until the issue is resolved.
Out of the options that are suggested above, the second option is the best. NSA must accept and explain the usage of confidential and private information to the public and adopt an alternate policy for surveillance. It shall also track Snowden and put legal obligations on him.
This option has been recommended as it will allow NSA to regain its lost user trust. The surveillance programs will also not be impacted as a result and the terrorist activities will be controlled and prevented.
Australian Computing Society (ACS) is a body that makes sure that the business organizations and its employees follow the ethical approach in all the business tasks and activities that they perform. There is an ACS Code of Ethics defined and designed by the body that is implemented in the Australian organizations to maintain ethical compliance. There are six codes or principles included from the ethical point of view as primacy of public interest, enhancement of quality of life, honesty, competence, professional development, and professionalism. The case study is now analysed using these six principles and the act performed by NSA and Snowden is then termed as ethical or unethical (Acs, 2014).
Deontology Ethics
The ACS code of ethics states that the employees of an organization must always put the public interest at the top priority followed by the interests of the organization and the team. The personal benefits and interests must be kept aside and at the least priority.
Snowden did not adhere to this principle as he put the personal gains and benefits on the top. NSA utilized the data sets from the phones of the users with the motive to protect them from the terrorist activities. Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
The second code stated by ACS is the enhancement of quality of life which suggests that the employees must always carry out such activities that enhance the customer satisfaction levels and the quality of operations as well.
NSA was performing the same as surveillance programs would have led to timely detection and prevention of the terrorist activities. Snowden on the other hand hindered the progress by revealing the details to the media and provided an advantage to the terrorists.
Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
Honesty
This is the code of ethics that states that honesty must always be maintained and reflected in all the organizational tasks and activities.
Snowden should have taken the matter to the senior officials if he was suspecting the violation of IP by NSA. He; however, without the knowledge of any of the NSA or defence contractor officials leaked the information to the media. The act is therefore not honest.
NSA on the other hand made sure that the data sets were securely utilized and were always protected. The information on the private data being used for surveillance was known to the stakeholders and employees (Ferguson et al., 2005).
Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
The ethical code states that the employees shall perform all the tasks competently as per the expectations of the stakeholders.
Snowden did not adhere to this code as the leakage was not approved or informed to the senior management or any of the stakeholders. NSA; however, was working to keep the stakeholders and the public protected from the terrorist activities.
Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
The code states that the employees must work in the organization in such a manner that the professional development of the fellow employees and resources is enhanced.
What can be done about it?
Snowden leaked the internal information of NSA to the media that led to the deterioration of the agency in the market and also adversely impacted the user trust and engagement with the agency. It became necessary for NSA to develop alternate measures for surveillance and control of the terrorist activities. There was a lot of human effort that was earlier involved in the research and development of data mining operations for surveillance. All of the effort got wasted as a result of the leakage by Snowden (Bowern et al., 2006).
On the other hand, NSA provided its employees working on the data sets and data mining operations for surveillance complete support and motivation to allow them to develop the necessary results. It also made sure that the employees do not misuse the information.
Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
The ethical code developed by ACS states that the integrity of the society shall always be enhanced by the activities that are performed by the employees in the business organizations.
Snowden leaked the confidential information of NSA and its internal operations to the media. There was no consent provided by the NSA management on the same and none of the senior officials had any idea about the leakage until it was done. The act performed by Edward Snowden led to the disturbances in the social harmony and integrity as the effort that was put in by the resources of NSA was wasted. Also, there were confusions among the users regarding the privacy and security of their data sets that were being utilized by NSA.
NSA on the other hand was performing the data mining operations and surveillance programs on the basis of the data sets of the end users with the motive to protect the users from any of the security and privacy attacks.
Thus, it is evaluated that NSA maintained adherence to this code of ethics while Snowden violated the same.
Conclusion
The case study revolved around the ethical evaluation of two primary actions viz. leakage of confidential information by Edward Snowden and usage of private data of the users and network traffic by NSA. The act was analysed using several ethical theories, such as Virtue Ethics, Theory of Consequentialism, and Deontology Ethics. On the basis of these ethical theories, the act performed by NSA was evaluated to be ethical whereas the act given shape by Snowden came out to be unethical. The best option that is recommended in this case is acceptance & explanation of the usage in public and adopting an alternate policy for surveillance along with tracking Snowden and putting legal obligations on him by NSA. The case study was also evaluated using ACS Code of Ethics. There are six codes or principles included from the ethical point of view as primacy of public interest, enhancement of quality of life, honesty, competence, professional development, and professionalism. The evaluation of the act using these codes stated that NSA always marinated ethical compliance and adherence to all of these six codes. However, Snowden failed to adhere to any of these codes and violated all six of them.
References
Acs (2014). ACS Code of Professional Conduct Professional Standards Board Australian Computer Society. [online] Acs.org.au. Available at: https://www.acs.org.au/content/dam/acs/rules-and-regulations/Code-of-Professional-Conduct_v2.1.pdf [Accessed 14 May 2018].
Baumane-Vitolina, I., Cals, I. and Sumilo, E. (2016). Is Ethics Rational? Teleological, Deontological and Virtue Ethics Theories Reconciled in the Context of Traditional Economic Decision Making. Procedia Economics and Finance, 39, pp.108-114.
Bowern, M., Burmeister, O., Gotterbarn, D. and Weckert, J. (2006). ICT Integrity: bringing the ACS code of ethics up to date. [online] Available at: https://dx.doi.org/10.3127/ajis.v13i2.50 [Accessed 14 May 2018].
Curren, R. (2016). Aristotelian versus virtue ethical character education. Journal of Moral Education, 45(4), pp.516-526.
Ferguson, S., Salmond, R., Al-Saggaf, Y., Bowern, M. and Weckert, J. (2005). Case studies and codes of ethics: the relevance of the ACS experience to ALIA. The Australian Library Journal, 54(3), pp.299-308.
Heinze, E. (2005). Commonsense Morality and the Consequentialist Ethics of Humanitarian Intervention. Journal of Military Ethics, 4(3), pp.168-182.
Levy, N. (2011). Neuroethics: A New Way of Doing Ethics. AJOB Neuroscience, 2(2), pp.3-9.
Simpson, C., Nevile, L. and Burmeister, O. (2003). Doing Ethics: A Universal Technique in an Accessibility Context. Australasian Journal of Information Systems, 10(2).