Sie sind auf Seite 1von 43

MCT DCIT 25 Professional Ethics for IT

CHAPTER 1 – FUNDAMENTALS OF ETHICS


Definitions of Ethics
1. Ethics is the study of the methods and principles used to distinguish good from bad, right from wrong actions.
2. Ethics is the practical science of the morality of human actions.
3. Ethics is the scientific inquiry into the principles of morality.
4. Ethics is the science of human acts with reference to right and wrong.
5. Ethics is the study of human conduct from the standpoint of morality.
6. Ethics is the study of the rectitude of human conduct.
7. Ethics is the science which lays down the principle of right living.
8. Ethics is the practical science that guides us in our actions that we may live rightly and well.
9. Ethics is a normative and practical science, based on reason, which studies huma conduct and provides norm for its natural
integrity and honesty.
10. According to Socrates, ethics is the investigation of life.
Terms found in the definition of Ethics
 Morality – The quality of right or wrong in huma acts
 Human acts- Acts done with knowledge and consent
 Science- systematic study or a system of scientific conclusions clearly demonstrated.
Relation of Ethics with other sciences
Ethical science is particularly concerned with the study of man, human conduct and also related to sciences that are dealing
with the study of human nature and human living:
1. Ethics and Logic- Logic is the science of right thinking. Ethics is the science of right living. To think right often means to do
right, as knowledge of right leads to the doing of right
2. Ethics and Psychology- Both deal with the study of man, human nature, and huma behavior. There is, however, a basic
difference. Psychology is not interested in the morality of huma behavior, unlike ethics. Psychology studies how man behave;
ethics studies how man ought to behave. The word “ought” is emphasized to show the difference; Ethics is concerned with
moral obligation while psychology is not.
3. Ethics is related to Sociology- Ethics deals with the moral order which includes the social order. Whatever does violence to the
social order does violence also to the natural and the moral order. Sociology deals with human relations in a society, but human
relations are based on proper order and proper order comes only with the proper observance of moral laws and principles
which regulate the actions of men in a community.
4. Ethics and Economics- Man is also a economic being because he has to support himself by earning a living. He has to live by
bread (though he does not live by bread alone). Economics and morality are two aspects of one and the same human nature.
Economics deals with such topics as wages, labor, production and distribution of wealth.

The Importance of Ethics


1. Ethics means right living and good moral character; and it is in good moral character that man finds his true worth and
perfection. All the great teachers of the ages maintain that the supreme purpose of human living lies not in the acquisition of
material goods or bodily pleasures, nor in the attainment of bodily perfections such as health and strength; nor even in the
development of intellectual skills but in the development of the moral qualities which lift man far above brute creation.

1
MCT DCIT 25 Professional Ethics for IT
2. Education is the harmonious development of the whole man- of all man’s faculties: the moral, intellectual, and physical powers
in man. Now the highest of man’s power are his reason and will. Hence, the primary objective of education is the moral
development of the will.
Knowledge is good, bodily health and strength are also good, but first and above all - good character.
3. According to Socrates, “the unexamined life is not worth living for man.” Ethics is the investigation of the meaning of life. Plato
calls and consider ethics as the supreme science, the science par excellence, the science that deals with the Summum
Bonum, the supreme purpose of human living.

Assumptions of Ethics
1. Man is a rational being.
2. Man is free.
Objects of Ethics
1. Physical Object/doer of an act – refer not only to a person but to an institution, and to other forms of social organization
that perform social action and rational activities such as decision making, moral calculation, etc.
2. Nonphysical Object/act done by the doer – the act of telling the truth, helping other in distress, fulfilling a promise, forgiving
others’ trespasses, humility, including malicious deeds, such as murder, stealing, lying, etc.
Two General Forms of Acts
1. Acts of Man
a. Involuntary Natural Acts – include involuntary, intuitive or reflex acts exhibited by man, such as blinking of eye, the beating
of the heart, sneezing, yawning, breathing, scratching, etc.
b. Voluntary Natural Acts – include voluntary and natural, but not necessarily reflexive acts, such as sleeping, eating, drinking,
etc.

Factors that lessen Accountability


1. Ignorance - is the absence of intellectual knowledge. We distinguish between vincible and invincible ignorance.
a. Vincible ignorance - can be dispelled or overcome by due amount of diligence. It does not destroy or remove
voluntariness, nor responsibility. Acts done in vincible ignorance are still voluntary and the agent is still responsible for
them.
Ex.
A Manila resident who violated traffic laws, not knowing of such laws before, would still be responsible for his act, because
his ignorance is vincible. When we speak of ignorance, we mean usually vincible ignorance. That is why we say “ignorance
of the law excuses no one,” because every citizen of age must and should know the law.
b. Invincible ignorance- cannot be overcome by any amount of diligence or effort because under the circumstances it is
possible for one to grow. It excuses and relieves the agent of responsibility. Acts done in invincible ignorance are,
therefore, not voluntary and the agent is not held responsible for them.
Ex.
A negrito who had been living all his life in the mountains, and who happened to come to Manila for the first time, and
violated traffic laws, could not be held responsible for violating the law.

2
MCT DCIT 25 Professional Ethics for IT
2. Concupiscence (Passion) - Affect the voluntariness of an action. For man, acting under the influence of a passion would not
be acting perfectly of his own free volition. A man in a fit of anger, for instance, is liable to do acts which otherwise he would
not do in his right senses.
 Antecedent concupiscence lessens but does not remove voluntariness and responsibility.
 Consequent concupiscence neither lessens nor destroys responsibility.
3. Fear and - When we act because of fear, our will is dragged along, the freedom is restricted and our responsibility is diminished
correspondingly. Great fear sometimes exempts a person from acts enjoined by positive law ( laws of the state).
4. Violence- is an impulse from without tending to force the agent to act against his will.
2. Human Acts – include actions that are conscious, deliberate, intentional, and voluntary and are within the preview of human value
judgment.
a. Moral or ethical acts – acts that observe or conform to a standard or norm of morality.
Components of Moral Act
1. Intention – motive of the act\
2. Means – act or object employed to carry out the intent of the act
3. End – the intent of the act is assumed to be always directed toward a desired end or a perceived good.
b. Immoral or unethical Acts – acts that violate or deviate from a standard of morality
c. Amoral or Neutral Acts- acts are neither good nor bad in themselves.
Forms of Ethical Analysis
1. Descriptive Ethics – suited to empirical sciences as it aims to discover what moral beliefs are held by a given society, social group or social
organization.
2. Normative Ethics – is not merely a description of what people find morally good and morally bad but seeks to discover norms that ought to
guide our actions.
a. Consequentialist (Theological) Ethics – this school of thought maintains the morality of an action is determining solely by its
consequences.
b. Nonconsequentialist (Deontological) Ethics – assert that the morality of an action depends on its intrinsic nature, its motives or
its accordance with some rules of principles and not on its consequences
3. Authoritarian Ethics – appeals to authority and force in determining what constitutes right from wrong, good from bad, moral from immoral
a. Theological Ethics – this holds that the will of God determines the rightness and wrongness of an act
b. Legalism or Legislatic Morality – determines right from wrong, based on a body of clearly stated and well-documented body of
laws.
4. Ethical Egoism – maintains that an action is right only if it is in the interest of the agent or doer of an act.
5. Situational Ethics – asserts that the morality of an action depends on the situation and not on the application of moral laws to the case.
Forms of Ethics
1. Practical Ethics – primarily concerned with answering matter-of-fact questions and prescribes courses of actions for moral issues where
clear answers are lacking.
2. Theological Ethics – primarily aims to study the meaning of ethical concepts such as good, right, fairness, etc.
3. Moral Skepticism – comes from the Greek word, SKEPTHESTHAI, meaning “to examine” or “to consider”. It is a general name for
philosophic attitude that rejects any claim to certainty, thus opposed to any form of moral dogmatism, or to any attitude of authoritative
certainly

3
MCT DCIT 25 Professional Ethics for IT
CHAPTER 2– THE MOST COMMON ETHICAL THEORIES.

Ancient Greek – Plato (428-348 BCE)

Plato was a hugely important Greek philosopher and mathematician from the Socratic (or Classical) period. He is perhaps
the best known, most widely studied and most influential philosopher of all time. Together with his mentor, Socrates, and
his student, Aristotle, he provided the main opposition to the Materialist view of the world represented by Democritus and
Epicurus, and he helped to lay the foundations of the whole of Western Philosophy. In his works, especially his many
dialogues, he blended Ethics, Political Philosophy, Epistemology, Metaphysics and moral psychology into an
interconnected and systematic philosophy. In addition to the ideas they contained (such as his doctrine of Platonic Realism,
Essentialism, Idealism, his famous theory of Forms and the ideal of "Platonic love"), many of his writings are also
considered superb pieces of literature.Plato was the founder of the famous Academy in Athens, the first institution of higher learning in
the western world. The philosophical school which he developed at the Academy was known as Platonism (and its later off-shoot, Neo-
Platonism).

In Ethics, Plato had a teleological or goal-orientated worldview, and the aim of his Ethics was therefore to outline the conditions
under which a society might function harmoniously. He considered virtue to be an excellence of the soul, and, insofar as the soul has
several components (e.g. reason, passions, spirit), there will be several components of its excellence: the excellence of reason is wisdom;
the excellence of the passions are attributes such as courage; and the excellence of the spirit is temperance. Finally, justice is that
excellence which consists in a harmonious relation of the other three parts. He believed, then, that virtue was a sort of knowledge (the
knowledge of good and evil) that is required to reach the ultimate good (or eudaimonia), which is what all human desires and actions aim
to achieve, and as such he was an early proponent of Eudaimonism or Virtue Ethics.

Plato is perhaps the first philosopher whose complete works are still available to us. He wrote no systematic treatises giving
his views, but rather he wrote a number (about 35, although the authenticity of at least some of these remains in doubt) of superb
dialogues, written in the form of conversations, a form which permitted him to develop the Socratic method of question and answer. In
his dialogues, Plato discussed every kind of philosophical idea, including Ethics (with discussion of the nature of virtue), Metaphysics
(where topics include immortality, man, mind, and Realism), Political Philosophy (where topics such as censorship and the ideal state
are discussed), Philosophy of Religion (considering topics such as Atheism, Dualism and Pantheism), Epistemology (where he looked
at ideas such as a priori knowledge and Rationalism), the Philosophy of Mathematics and the theory of art (especially dance, music,
poetry, architecture and drama).

Plato’s ethical theory are proper balance in the tripartate soul and proper balance in the tripartate state, ruled by philosopher
kings, brings justice and happiness. Plato wants to find a good definition for “justice,” a good criterion for calling something “just.”Maybe
justice is “telling the truth and paying one’s debts.” But Plato says, for sometimes it is just to withhold the truth or not return what was
borrowed.

Plato’s suggestion for “justice” is twofold: justice for the state, and justice for the soul.Justice for the state is achieved when all basic
needs are met. Three classes of people are needed: artisans and workers to produce goods, soldiers to defend the state, and rulers to
organize everything.But you cannot have a just state without just men, especially just rulers. And so we must also achieve justice of the
soul.

Plato believed the soul had three parts: reason, appetite, and honor. The desires of these three parts conflicted with each other. For
example, we might have a thirst (appetite) for water, but resist accepting it from an enemy for fear of poison (reason). Justice of the
soul requires that each part does its proper function, and that their balance is correct.

Justice of the soul merges with justice of the state in that men fall into one of the three classes depending on how the three parts of
their soul are balanced. One’s class depends on early training, but mostly, persons are born brick-layers, soldiers, and kings –
depending on the balance between the three parts of their soul.

4
MCT DCIT 25 Professional Ethics for IT
Medieval – Thomas Aquinas

St. Thomas Aquinas (AKA Thomas of Aquin or Aquino) (c. 1225 - 1274) was an Italian philosopher and theologian
of the Medieval period. He was the foremost classical proponent of natural theology at the the peak of Scholasticism
in Europe, and the founder of the Thomistic school of philosophy and theology.The philosophy of Aquinas has exerted
enormous influence on subsequent Christian theology, especially that of the Roman Catholic Church, but also Western
philosophy in general. His most important and enduring works are the "Summa Theologica", in which he expounds
his systematic theology of the "quinquae viae" (the five proofs of the existence of God), and the "Summa Contra
Gentiles". For St. Thomas Aquinas, the goal of human existence is union and eternal fellowship with God. For those
who have experienced salvation and redemption through Christ while living on earth, a beatific vision will be granted
after death in which a person experiences perfect, unending happiness through comprehending the very essence of God. During life, an
individual's will must be ordered toward right things (such as charity, peace and holiness), which requires morality in everyday human
choices, a kind of Virtue Ethics. Aquinas was the first to identify the Principle of Double Effect in ethical decisions, when an otherwise
legitimate act (e.g. self-defence) may also cause an effect one would normally be obliged to avoid (e.g. the death of another).

Two great works of Thomas Aquinas :

1. "Summa Contra Gentiles" (often published in English under the title "On thr Truth of the Catholic Faith"), written between 1258
and 1264. It is a broadly-based philosophical work directed at non-Christians.
2. "Summa Theologica" ("Compendium of Theology"), written between 1265 and 1274. It is addressed largely to Christians and
is more a work of Christian theology.

Aquinas saw the raw material data of theology as the written scriptures and traditions of the Catholic church, which were produced by
the self-revelation of God to humans throughout history. Faith and reason are the two primary tools which are both necessary together
for processing this data in order to obtain true knowledge of God. He believed that God reveals himself through nature, so that rational
thinking and the study of nature is also the study of God (a blend of Aristotelian Greek philosophy with Christian doctrine).

From his consideration of what God is not, Aquinas proposed five positive statements about the divine qualities or the nature of God:

 God is simple, without composition of parts, such as body and soul, or matter and form.
 God is perfect, lacking nothing.
 God is infinite, and not limited in the ways that created beings are physically, intellectually, and emotionally limited.
 God is immutable, incapable of change in repect of essence and character.
 God is one, such that God's essence is the same as God's existence.

Aquinas believed that the existence of God is neither self-evident nor beyond proof. In the "Summa Theologica", he details five
rational proofs for the existence of God, the "quinquae viae" (or the "Five Ways"), some of which are really re-statements of each other:

 The argument of the unmoved mover (ex motu): everything that is moved is moved by a mover, therefore there is an unmoved
mover from whom all motion proceeds, which is God.
 The argument of the first cause (ex causa): everything that is caused is caused by something else, therefore there must be an
uncaused cause of all caused things, which is God.
 The argument from contingency (ex contingentia): there are contingent beings in the universe which may either exist or not
exist and, as it is impossible for everything in the universe to be contingent (as something cannot come of nothing), so there
must be a necessary being whose existence is not contingent on any other being, which is God.
 The argument from degree (ex gradu): there are various degrees of perfection which may be found throughout the universe,
so there must be a pinnacle of perfection from which lesser degrees of perfection derive, which is God.
 The teleological argument or argument from design (ex fine): all natural bodies in the world (which are in themselves
unintelligent) act towards ends (which is characteristic of intelligence), therefore there must be an intelligent being that guides
all natural bodies towards their ends, which is God.

Aquinas believed that Jesus Christ was truly divine and not simply a human being or God merely inhabiting the body of Christ.
However, he held that Christ had a truly rational human soul as well, producing a duality of natures that persisted even after the
Incarnation, and that these two natures existed simultaneously yet distinguishably in one real human body. Aquinas defined the four
cardinal virtues as prudence, temperance, justice and fortitude, which he held are natural (revealed in nature) and binding on everyone.
In addition, there are three theological virtues, described as faith, hope and charity, which are supernatural and are distinct from other
5
MCT DCIT 25 Professional Ethics for IT
virtues in that their object is God. Furthermore, he distinguished four kinds of law: eternal law (the decree of God that governs all creation),
natural law (human "participation" in eternal law, which is discovered by reason), human law (the natural law applied by governments to
societies) and divine law (the specially revealed law in the scriptures).

Immanuel Kant (1724 - 1804)

Kant was a German philosopher of the Age of Enlightenment. He is regarded as one of the most important
thinkers of modern Europe, and his influence on Western thought is immeasurable. He was the starting point and
inspiration for the German Idealism movement in the late 18th and early 19th Centuries, and more specifically for the
Kantianism which grew up around him in his own lifetime.

His works, especially those on Epistemology, Metaphysics and Ethics, such as his masterworks the "Critique of Pure
Reason" and the "Critique of Practical Reason", achieved a complete paradigm shift and moved philosophy beyond
the debate between the Rationalists and Empiricists which had dominated the Age of Reason and the early Age of
Enlightenment, and indeed to combine those two apparently contradictory doctrines.His ideas and original thought have informed almost
every philosophical movement since, and he continues to challenge and influence philosophy (in both the Analytic and Continental
Philosophy camps) to this day.

His view of Ethics is deontological (i.e. it focuses on the rightness or wrongness of the actions themselves, as opposed to the
rightness or wrongness of the consequences of those actions or the character of the actor, and holds that ethical rules bind people to an
ethical duty). It is founded on his view of rationality as the ultimate good, and his belief that all people are fundamentally rational beings.
He believed that morality was derived from rationality and that, just as rational thought leads us to an objective reality, it also leads us to
an objective morality, which could be rationally supported.

Major contribution to Ethics: the theory of the Categorical Imperative, an absolutely universal, non-negotiable moral law which
holds up regardless of context. At its simplest, it states that one should act only in such a way that you would want your actions to become
a universal law, applicable to everyone in a similar situation (a kind of Moral Universalism or Moral Absolutism). Additionally, one must
strive to treat others not as mere means, but as ends in themselves, so that (in stark contrast to Utilitarianism) it can never be right to
manipulate, abuse or lie to individuals, even in the interests of others or even the perceived greater good. This latter maxim was, and
remains, highly controversial when taken to extremes, but Kant insisted that it should remain sacrosanct. He asserted that each person
is his own moral agent, and we should only be responsible for our own actions, not those of others.

Aristotle (384 - 322 B.C.)

Aristotle was an important Greek philosopher from the Socratic (or Classical) period, mainly based in Athens. He
is one of the most important founding figures in Western Philosophy, and the first to create a comprehensive
system of philosophy, encompassing Ethics, Aesthetics, Politics, Metaphysics, Logic and science.His own school
of philosophy, known as Aristotelianism or the Peripatetic School, influenced almost all later philosophical thinking,
particularly the Medieval movements such as Scholasticism, Averroism and Avicennism.

His several treatises on Ethics, most notably the "Nichomachean Ethics", outline what is commonly called Virtue
Ethics or Eudaimonism. He argued that Man must have a specific or proper function, which is uncommon to
anything else, and which is an activity of the soul. The best activity of the soul is eudaimonia (happiness or joy or
the good life), which can be achieved by living a balanced life and avoiding excess by pursuing a golden mean in
everything between the two vices of excess and deficiency.

Aristotle made some highly influential constributions to the field of Ethics. He considered Ethics to be a practical science (i.e.
mastered by doing rather than merely reasoning) but also a general, rather than a certain, knowledge. Unlike some other moral
philosophers before him, Aristotle started by posing the very general question of what it actually means to lead a good human life. He
was also very aware that morality is a complex concept and so cannot be measured in any one simple way (in the way that Utilitarianism,
for example, measures morality on a simple scale of happiness created). Also (again, unlike some other philosophers such as the Stoics
and the Epicureans, for example), Aristotle firmly believed that we are not self-contained moral entities and that we cannot control our
own moral environment.

6
MCT DCIT 25 Professional Ethics for IT
Egoism
In philosophy, egoism is the theory that one’s self is, or should be, the motivation and the goal of one’s own action. Egoism
has two variants, descriptive or normative. The descriptive (or positive) variant conceives egoism as a factual description of human
affairs. That is, people are motivated by their own interests and desires, and they cannot be described otherwise. The normative variant
proposes that people should be so motivated, regardless of what presently motivates their behavior. Altruism is the opposite of egoism.
The term “egoism” derives from “ego,” the Latin term for “I” in English. Egoism should be distinguished from egotism, which means a
psychological overvaluation of one’s own importance, or of one’s own activities.

Ethical egoism is the normative theory that the promotion of one’s own good is in accordance with morality. In the strong
version, it is held that it is always moral to promote one’s own good, and it is never moral not to promote it. In the weak version, it is said
that although it is always moral to promote one’s own good, it is not necessarily never moral to not. That is, there may be conditions in
which the avoidance of personal interest may be a moral action.

In an imaginary construction of a world inhabited by a single being, it is possible that the pursuit of morality is the same as the
pursuit of self-interest in that what is good for the agent is the same as what is in the agent’s interests. Arguably, there could never arise
an occasion when the agent ought not to pursue self-interest in favor of another morality, unless he produces an alternative ethical
system in which he ought to renounce his values in favor of an imaginary self, or, other entity such as the universe, or the agent’s God.
Opponents of ethical egoism may claim, however, that although it is possible for this Robinson Crusoe type creature to lament previous
choices as not conducive to self-interest (enjoying the pleasures of swimming all day, and not spending necessary time producing food),
the mistake is not a moral mistake but a mistake of identifying self-interest. Presumably this lonely creature will begin to comprehend the
distinctions between short, and long-term interests, and, that short-term pains can be countered by long-term gains.

Utilitarianism
Utilitarianism is mainly characterized by two elements: happiness and consequentialism. Utilitarian happiness is the biggest
happiness which (supposetly) every human being looks for. In utilitarianism everything useful to happiness is good. Therefore, the name
of the doctrine is utilitarianism, based on the principle of utility. Utility is found in every thing which contributes to the happiness of every
rational being. The criterion of good and evil is balanced between individual's happiness and the happiness of the community, "each
counting in an equal way" (Bentham, Introduction in the principles of morality and legislation). Consequentialism in utilitarianism is in the
fact that an action must be judged for its consequences on the happiness of the largest number. That is: my search for happiness stops
when it decreases the happiness of another individual or the happiness of the largest number, of the society or the community. As
personal freedom is considered in respect of the freedom of other individuals and of the community, my freedom stops when it diminishes
the freedom of another individual or the well-being of the society. We could say that utilitarianism is the continuation of Roman legislation,
and its modern aspect is shown in the fact that utilitarianism adds an economical, legislative and political dimension to an ethical concept,
that of happiness and well-being.

Utilitarianism is a theory in Ethics by which actions are judged to be right or wrong solely according to their causal consequences.
Under the Utilitarian Theory of morality, a individual should seek only those thing that tend to produce
“The greatest happiness of the greatest number”.
2 causal consequences
1. Actions are right if they promote the greatest happiness or pleasure of the greatest number.
2. Actions are wrong if they produce unhappiness or pain.
John Stuart Mill – the most famous proponent of this theory defined happiness and unhappiness in his book, Utilitarianism (1893)…
“By happiness, it means pleasure and the absence of pain.”
“By unhappiness, it means pain and the absence of happiness.”

7
MCT DCIT 25 Professional Ethics for IT
2 General Forms of Pleasure
 Physical Pleasure
o Are sensual indulgences or bodily gratifications that include, among others, sexual intercourse, eating,
drinking, rest, etc. Ill regulated desires make man pursue pleasure to the injury of health, even if man
knows that health is a greater good.
o This kind of pleasure is considered by the utilitarian as animalistic or beastly and make up the lower
forms or inferior types of pleasure.
o Physical pleasure appeals to people’s lower faculties and person’s desiring nothing, but physical pleasure
are considered lowly and less dignified.

 Mental Pleasure
o Refers to intellectual, spiritual and moral pleasures. It feed man’s noble feelings, imaginations and moral
sentiments.
o They are higher and superior form of pleasure, more desirable and more valuable as compared to those
or mere sensation.
o Include and among others, the enjoyment of free will and intellect, social recognition and regards feeling
of peace and security.
According to Mill…
“It is better to be a human dissatisfied, than to be pig satisfied. Better to be a Socrates dissatisfied, than to be fools satisfied.”

If any act promotes or has promoted happiness or pleasure regardless of the goodness of its motive, the act is good.
The Utilitarian concept of happiness does not mean the agent’s own greatest happiness, but the greatest amount of happiness put
together.

Utilitarian Rules of Morality


1. If the end of an act promotes unhappiness, even if it has intended to promote the greatest happiness, the act can be
considered morally wrong.
2 levels of moral assessment of human acts
1. Selecting a course of action from various alternatives.
2. Selected course of action performed.
2. If the end of an act has promoted the greatest amount of happiness of the greatest number of people, whatever means the act
employs is morally justified.
3. If an act unintentionally produces the greatest amount of happiness, the act is still morally good.

Utilitarianism and the Workplace


 The Utilitarian theory provides the idea that it is perfectly moral and just for the workers to make such important demands,
and for employers to satisfy these demands since that would lead to the greatest happiness of the greatest number of
people.
 This theory does not only work for the workers; it equally serves the interest of the employers.

8
MCT DCIT 25 Professional Ethics for IT
Problems of Utilitarian Morality
 The strength of the utilitarian theory as a theory of life lies in its emphasis of human welfare as the ultimate standard of right
and wrong.
 The Utilitarian Theory treats everything as conditional and subservient to utility.
 Violations of human rights and other unethical acts become morally justifiable, as long as they promote the utilitarian tenet of
the greatest happiness of the greatest number of the people.
Many correctly argue that the most serious problem of this theory is it’s attempt to quantify human dignity that is, the
treatment of human being as mere numbers specially in the utilitarian calculation: the happiness of 50 persons justifies the
denial of the happiness or even the life of one person.

9
MCT DCIT 25 Professional Ethics for IT
CHAPTER 3–THE NATURE OF ETHICAL STANDARD
Comparing Legal and Ethical Standards
 Ethical Standards
 Sets what actions are ethical or unethical.
 May be codified in a single text termed as code of ethics.
 Legal Standards
 Sets what are illegal or legal.
 Written, clear and definite.
Types of Ethical Standard
1. Ethical Standard based on Utility
 Evaluate policies, instructions and behaviors in terms of the net social benefits and cost they produce.
 Proceeds from the principles of utility which states that an act is good if it promotes the greatest amount of
happiness to the greatest number of people.
2. Ethical Standard based on Moral Rights
 Evaluate policies, instructions, acts or behaviors in terms of the protection they provide for the rights and freedom
of individual.
3. Ethical Standard based on Equality
 Evaluate instructions and behaviors in terms of how equitably they distribute benefits and burdens among the
members of the group.
 Under this ethical standard, nay policy or act is ethical if it observes fairness and justice in distributing benefits and
burdens among persons, and unethical if it does not.
4. Ethical Standards based on Religion and Religious Doctrines
 This standards view the morality of an act neither on its motives or consequences, but solely on whether the act is
in accordance with the articles of faith.

Hierarchy of Ethical Standard


First: Standard based on rights
Second: Standard based on Justice
Third: Standard based on Utility

What is Right ?
 Rights are entitlements to something.
 The term right also indicates the existence of prohibitions or requirements on other which enable an individual to pursue his
interest.

Types of Rights
1. Positive Rights and Negative Rights
 Positive Rights

10
MCT DCIT 25 Professional Ethics for IT
- are defined in terms of the duties of others to provide the persons who holds such rights whatever the person needs freely
pursue his/her activities.

 Negative Rights
- are defined in terms of the duties of others not to interfere in certain activities on the person who holds such rights.
2. Legal and Moral Rights
 Legal Rights
- Are rights which are limited to the particular jurisdiction of a legal system from which such rights are derived?
- Rights that are formally recognized and enforced by society.
 Moral Rights
- Are rights possessed by all human beings by virtue of their being human,
- Also known as human rights.
Classes of Rights
1. Moral-Natural Rights
- are rights of all human beings by virtue of their being human.
Some of the basic and interrelated postulates concerning the nature of moral of human rights:
a. Moral rights are universal
b. comparable rights of others limit moral rights.
c. moral rights imply moral duties.
d. moral rights impose limitations to the overwhelming power of the states.

2. Constitutional Rights
- are rights which are conferred and protected by the constitutions, the fundamental law of land.
3. Statutory Rights
- are rights that are derived from the legislation from the people’s representatives.

Rights and Duties


Principles and Reciprocity
- Basic principles that govern the relationship of rights and duties.
- States that are rights to be treated in a particular way by others implies our duty to treat others in the same way.
Right to Life
- Man’s highest right.
- Means the right to a material existence worthy of human dignity
Justice
- Is a moral virtue which comes as a fruit of the constant and proper observance of rights and duties.
- The principle of rectitude and fairness in men’s relation with each other.
- It has two essential attributes; universality ( it is an element of justice which requires that justice be applied to all), equality (it
is a fundamental principle of justice which demands that justice is for all regardless of station or quality in life.

11
MCT DCIT 25 Professional Ethics for IT
Kinds of Justice
1. Distributive Justice
- Most basic kind of Justice. Duties of the state to the citizens.
- Concerns the fair distribution of society’s benefits and burdens among its member.
- Involves various often conflicting theories of how benefits and burdens among its members.

- Ex. Protection of labor, Sanitation, Education


2. Legal Justice
- Duties of the individual to the state
- Ex. Render military service to the state

3. Commutative Justice
- Duties of an individual to another.
- Mutuality of rights and duties.

4. Retributive Justice
- refers to a just imposition of punishment such as fines, imprisonment and even death, upon those who do wrong.

Favor in Death Penalty


 Religion support death penalty.
 Death penalty values human life.
 Criminals forfeit their right to life.

In Favor in Death Penalty


 Self-defense is not sufficient to justify the death penalty.
 Deterrence argument is scientifically unfounded.
 Death penalty involves the risk of executing innocent persons.
 Death penalty defeats the purpose of punishment.

Three Major Theories of Justice


1. Egalitarian Theory of Justice
- This theory claims that everyone should given equal share of society benefits and burdens.
Equality – refers to both the economic and political quality.
Political Equality – refers to equality in political rights regardless of social status.
Economic Equality– refers to equality in distribution of income and wealth. It also includes equal opportunity to work.
2. Capitalist Theory of Justice
- claims that any benefit should be distributed according to the contribution each individual makes to achieve the aims of
his/her group.
3. Socialist Theory of Justice

12
MCT DCIT 25 Professional Ethics for IT
- This theory claims that work burdens should be distributed according to people’s abilities, while benefits should be
distributed according to people’s needs.

Situational Ethics
- Are ethical standards that stress the importance of considering the situation or the morally significant condition in which a
moral act is performed and not the application of moral law in making moral judgment

Problems Concerning Ethical Standards


3 General reasons:
1. Ethical Standard is not laid down by authoritative bodies and is not imposed through the use of force.
2. Ethical standard rest on ethical theory but no fixed, common or universal theory could provide basis for a fixed common or
universal standard.
3. People tend to use ethical standard as tools to justify their actions in pursuing their various interests.

13
MCT DCIT 25 Professional Ethics for IT
CHAPTER 4 - ETHICS FOR IT PROFESSIONALS AND IT USERS
NATURE OF WORK
Terminologies:
 Work – is an activity that is necessary for our physical survival and well-being.
 Employment – implies work for which one has been hired and is being paid by an employer.
 Occupation – if work is the result of training and performed on a regular basis.
 Profession – a form of occupation which makes use of specialized type of work.
 Employee – an employed worker.
 Laborer – a worker who is paid in exchange primarily for his physical labor.

Perception of Work:
1. Work as a Divine Punishment
2. Work as Right
3. Work as a source of Self-pride and Self-respect
4. Work as determinant of Personal qualities
5. Work as determinant of social class
6. Work as basis of cooperation
Factors that Affect work:
1. Personal and societal values.
2. Codes of Ethics
3. Law
4. Professional association
5. Policies enforced in the workplace
6. Public opinion and perception
7. Religion
Personality Types of Individuals/Workers:
1. Realistic (R) – people working with things, in occupation such as chefs, air traffic controllers, carpenters and builders.
2. Investigative (I) – people working with data, in occupation such as medical technician, computer programmer, engineering
and science.
3. Artistic (A) – people working with ideas, in occupation such as commercial artist, musician and interior designer.
4. Social (S) – people working with people and data, in occupation such as business leadership, marketing, entrepreneurship
and politics.
5. Conventional (C) – people working with data, in occupation such as accounting, administrative assistance and paralegal
assis

Workplace
Workplace is place of work or place where remunerative work is done
Work Environment is an environment where an employment relationship exists between and among people
- also called workspace, is a space for working and work

14
MCT DCIT 25 Professional Ethics for IT
- conditions or circumstances surrounding the performance of work

Types of Activities:
1. Formal Activities – all acts in the pursuance of one’s official and regular duties as an employee or as a contractor of a service
and all acts in pursuit of one’s rights a citizen.
Ex. Preparing a payroll, keeping and maintaining office files, encoding or typing official documents, forming or joining an
association or a trade union, attending trade meetings and assemblies, participating in a collective bargaining, picketing and
strikes.
2. Nonformal Activities – practices in conformity to some customary and tacitly observed practices and codes of behaviour.
Ex. Utang-na-loob, mababang-loob, pakikisama, detestable acts such as palakasan, lagay, bootlicking, idle talking and
backstabbing.

The Workplace Across Nations and Cultures


Are the principles and practices applied and practiced in a particular workplace universally applicable across nations and
cultures? Yes. In the case of America and Japan in World War II, the head of the U.S. forces occupying Japan imposed American-style
labor laws and industrial relation practices. But by the 1980’s American experts called for the adoption of Japanese management
practices.
However, specific practices found in one country are difficult, if not, impossible, to replicate exactly in another country. One
needs to consider differences in cultures, political and economic conditions, the timing of the industrialization process, and the key
historic events that affect different countries and work settings.

Transformation of Workplace
 Information One of the remarkable transformations of the workplace today is the change in nature and the required skills of
workers, and the nature of work they perform. In the past, work was labor intensive wherein the primary requirements for
workers were physical strength and endurance, together with skill and craftsmanship. During Industrial Revolution, manual
labor was gradually replaced by machines. Twenty first century workers thus become more as knowledge-based. Machines
were now interfaced with computers and control systems, which required intelligent, instead of strong-muscled workers as
machine controllers and operators. Jobs become more technical and necessitated a higher level of thinking.
 Gender Changes in the economy of nations across the world have brought more opportunities for women to participate in
work. Developments in technology made qualities such as physical strength no longer a necessary equipment for workers in
factories. These and other developments contributed to the opportunity for women to explore the once male-dominated
workplace. The development of contraceptives and devices such as the baby bottle and the rubber nipple, for instance, gave
women greater freedom to take on jobs outside of their homes. Advancements in pre-natal and child-delivery care allowed
women to shorten work interruption caused by childbirth. Machines interfaced with computers can now be operated by simply
pushing buttons. Jobs today require alertness, judgment and coordination – qualities that we can find in both men and
women.
 Safety and Insurance Some work and occupations remain dangerous or hazardous. Unfortunately, issues of health and
safety of the workers are seldom listed among the top priorities of government. One of the proposed and most accepted
means of protecting the workers is through insurance coverage.

15
MCT DCIT 25 Professional Ethics for IT
 Privacy Advances in technology allowed employers to directly monitor the performance of their employees. Surveillance
technology, testing and the electronic means of collecting and storing employee data helped employers enormously to
comply with the requirements of the law, better selection of potential workers for employment, a more effective means for
training and promotion, and an enhanced ability to ensure personal safety, personal security and protection of property.
Employers use computer software to probe into the computer files and even personal e-mails of their employees. Technology
also enables employers to share their employees’ personal files with other employers. After all, the workplace is not a place
where personal privacy of workers has no room.
 Family In 1970’s married women began entering the labor force in great numbers. Since married men and women now
equally participate in the workplace, it is inevitable that conflicts between work and family duties will arise. Child care, elderly
care, other support and assistance schemes, maternity and paternal leaves, among others, are important subjects in the
work or family agenda worldwide.

The Worker and Employer


Employer is the person who provides work for workers, compensating them in exchange for their labor or services
- Businessmen – people who employ other people primarily for business or profit.
Worker is referred to as paid labourer, any person who does manual or industrial labor as a means of livelihood.
- Also called as employee, is any person employed by an employer.
Duties of Workers and Employers
According to Prof Agapay, the following are the duties of the employers to their workers:
1. Respect the human dignity of the workers.
2. Appreciate their work.
3. Never treat them as slaves for making money.
4. Never assign them tasks beyond their strengths. Do not employ them in work not suited to their age and sex.
5. Pay them commensurate wages.
6. Provide for their health and social recreations.
7. Provide them time to practice their religion.
8. Advise them on how to use their money wisely.
9. Instruct them to love their families.
10. Provide them with the opportunities for promotions.
The duties of the workers to their employers, on the other hand, include the following:
1. Work honestly and comply with all the agreements.
2. Never injure capital or steal from your employer.
3. Never outrage the person of the employer.
4. Never employ deceit or violence in presenting a cause.
5. Never consort with the agitators or men of evil purposes.

Disputes and Disagreements

16
MCT DCIT 25 Professional Ethics for IT
It is inevitable as both workers and employers bring with them their differing, and oftentimes, conflicting expectations,
interests, values and attitudes to the workplace. The interest of employers is to make money, while that of the workers is for decent
wages and better working conditions.

Causes of Disputes
1. Wage and salary that are not fair and commensurate to the difficulty of the job and the responsibilities inherent to it.
2. Poor working condition.
3. Unreasonable personnel policy.
4. Lack of job security and stability of employment.
5. Lack of opportunity for advancement and self-improvement.
6. Inconsiderate supervisors and managers.

Possibility for Cooperation


The middle ground is the possibility of one party pursuing its interest without necessarily hampering the other party from
pursuing its own. One party (the employer) can proceed with making money without necessarily denying the other party (the worker)
from enjoying a decent wage. Employers and workers are not adversaries but partners in prosperity. The employer needs the worker,
as the worker equally needs the employer. None of them will prosper if one was left behind.

Disagreement among Workers


Workers and employers not only have conflicting values and interests. Human as they are, workers sometimes succumb to
conflicts and disputes among themselves. One major reason for this is conflict of personal principles and values.
Top Ten workplace Annoyances from a survey of 6,0000 employees done by TMP Worldwide:
1. Loud and irritating phone rings
2. Outdated or inadequate functioning equipment.
3. Job jockeying (riding on the work of others)
4. Body odor and bad breath.
5. Colleagues who do not change empty toilet roll.
6. Colleagues who arrive late and leave early.
7. Know-it-all colleagues who do no wrong.
8. Colleagues who do not reload paper trays or fix jams in the printer or copier.
9. Messages taken down incorrectly.
10. Taking items from your desk without asking.

ETHICS FOR IT PROFESSIONALS AND IT USERS

“I feel that licensing is and will indefinitely continue to be inappropriate for software engineers”
-Fred Brooks
“…the time for instituting licensing software engineers is already here”
-Dave Parnas

17
MCT DCIT 25 Professional Ethics for IT
IT Professionals
 According to Webster’s dictionary, a profession is a calling requiring specialized knowledge and often long and intensive
academic preparation.
 Professional is someone who requires advanced training and experience must exercise discretion and judgment in the
course of his or her work, and whose work cannot be standardized.
Definition of IT Professionals
 Given the definition of “professional,” there are many business workers whose duties, background and training, and work
could qualify them to be classified as professionals.
Examples of these people are:
 Marketing analysts
 Financial consultants
 IT specialists
 Programmers
 Systems analysts
 Software engineers
 Database administrators
 Local Area Network (LAN) administrators
 Chief information officers (CIOs)
Professional Relationships That Must Be Managed
IT Professionals typically become involved in many different relationships the following are:
 IT Professional-Employer- Is critical one that requires ongoing effort by both parties to keep it strong.
IT professionals must set the example and enforce the policies in regards to the ethical use of IT. IT professionals have the skills
and knowledge to abuse systems and data.
 Software Piracy- act of illegally making copies of software or enabling other to access software to which they are not
entitled, is an area where IT professionals can be tempted to violate laws and policies.
 Trade Secret- is a piece of information used in business, generally unknown to the public, that the company has taken
strong measures to keep confidential.
 Whistle-blowing- is an effort by an employee of a company to attract the attention of others to a negligent, illegal,
unethical, abusive, or dangerous act by the company that threaten the public interest.
 IT Professional-Client- each party agrees to provide something of value to the other.
 IT Professional-Supplier- a good working relationship with suppliers encourages the flow of useful communication and the
sharing of ideas between the supplier and IT professional
 IT Professional-Professional- feel a degree of loyalty to other members of their profession.
 IT Professional-IT User- is used to distinguish the person for whom a hardware or software product is designed from the IT
professionals who develop, install, service, and support the product.
 IT Professional-Society-established safety standards for products and services to protect the public or society.
The ethical behavior of it profesionals
Professional Codes of Ethics
- States the principles and core values essential to the work of a particular occupational group.

18
MCT DCIT 25 Professional Ethics for IT
 Improves ethical decision-making
 Promotes high standards of practice and ethical behavior
 Enhances trust and respect from the general public
 Provides an evaluation benchmark
Professional Organizations
- Has emerged as the preeminent organization, so there is no universal code of ethics for IT professional.
 Association for computing machinery (ACM)
 Association of information technology professionals (AITP)
 Computer society of the institute of electrical and electronic engineers (IEEE-CS)
Certification
- Is a process that one undertakes voluntarily to prove competency in a set of skills.
 Vendor certifications
 Industry association certifications
 The Institute for Certification of Computing Professional (ICCP)- offers two-levels of certification.
 The Associate Computing Professional (ACP)-certification requires successful completion of an
computer programming language exam.
 The Certified Computing Professional (CCP)-certification is for the more experienced IT professional
that requires successful completion of exams on two of the following topics: management, procedural
programming, business information systems, systems development, software engineering, etc.
 The American Society for Quality Control (ASQC)- has a certification process for a software quality
engineer.
Licensing
- Is a process generally administered at the level in the United States.
Issues Associated with Licensing IT Professionals
 There is no universally accepted core body of knowledge.
 It is unclear who should manage the content and administration of licensing exams.
 There is no administrative body to do accreditation of professional education programs.
 There is no administrative body to assess and assure competence of individual professionals.
IT USERS
IT Users and Common Ethical Issues
 Software Piracy
 Inappropriate Use of Computing Resources
 Inappropriate Sharing of Information
Supporting the Ethical Practices of IT Users
 Define and Limit the Appropriate Use of IT Resources
 Established Guidelines for Use of Company Software
 Structure Information Systems to Protect Data and Information
 Install and Maintain a Corporate Firewall

19
MCT DCIT 25 Professional Ethics for IT
CHAPTER 5- ETHICAL DILEMMA/ ISSUES IN THE CYBERWORLD

Privacy Invasion
Privacy invasion in Internet activity is a serious issue facing society. Some users of the 'net wish to shield their identities while
participating in frank discussions of sensitive topics. Others fulfill fantasies and harmlessly role play under the cover of a false identity in
chat rooms. But there are the eternal "bad apples," and on the Internet, they are the people who use anonymous servers as more than a
way to avoid responsibility for controversial remarks. Cases of harassment and abuse have become increasingly frequent, aided by a
cloak of anonymity. There are also problems with frauds and scam artists who elude law enforcement authorities through anonymous
mailings and postings.
Internet privacy involves the right or mandate of personal privacy concerning the storing, repurposing, and displaying of information
pertaining to oneself via Internet. Privacy concerns have been articulated from the beginnings of large scale computer sharing. Privacy
can entail either Personally Identifying Information (PII) or non-PII information such as a site visitor's behavior on a website. PII refers to
any information that can be used to identify an individual. For example, age and physical address alone could identify who an individual
is without explicitly disclosing their name, as these two factors are unique enough to typically identify a specific person. Some experts
such as Steve Rambam, a private investigator specializing in Internet privacy cases, believe that privacy no longer exists; saying, "Privacy
is dead – get over it".
Example

 Location tracking
Location tracking is a feature that's included in nearly device and app available today. It's used by Google to help
you get turn-by-turn directions and by Facebook to tag your location and your camera to provide a roadmap of where photos
were taken. It's actually a fun feature to have, if you're willing to give up your privacy and let the world and companies know
where you are at all times.

 Storage for personal information


Since we're all so comfortable with technology, we begin to get in the habit of storing personal information on our
devices. This personal information can include anything from your Social Security number to your bank account or credit
card numbers. we all need that personal information from time to time, however it's ignorant of us to think
that the information is safe and will be completely removed from the memory once we delete it, especially since it's
been shown multiple times that deleted information can be recovered. If you opt to store your personal information on
your laptop, phone, or computer, then you're putting your personal information at risk for strangers, hackers, or identity
thieves to gain access to it.

 Tracking your online activity


Besides tracking your location, our devices are also tracking our online activity through tracking cookies, or
data sent from a website and saved to your Web browser. These cookies create a blueprint of websites you visited on the
Internet and can even contribute—using third-party cookies —to the personalized advertisements you see on various websites.
Cookies even have the ability to save such personal information as your address, credit card number, and passwords for certain
websites.

 Spamming is another invasion of privacy where you are sent e-mails that you do not want and take up space on your
system. These e-mails are an invasion of privacy and can be very annoying

 Virus threats can invade your privacy on the Internet and they can do much damage to a person’s computer as well
 Reading text messages that is not belongs to you.
 Looking at someone's cell phone or PC while he/she is surfing or browsing the net.
 Opening Yahoo, twitter, Instagram or Facebook account of your boyfriend/girlfriend.
 Sharing WiFi password of your neighborhood or any private organization.

Hacking

20
MCT DCIT 25 Professional Ethics for IT
Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator's original
purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their
choice, is called a hacker.

Computer hacking is the most popular form of hacking nowadays, especially in the field of computer security, but hacking exists in
many other forms, such as phone hacking, brain hacking, etc. and it's not limited to either of them.
Due to the mass attention given to blackhat hackers from the media, the whole hacking term is often mistaken for any security related
cyber-crime. This damages the reputation of all hackers, and is very cruel and unfair to the law abiding ones of them, from who the term
itself originated. The goal of this website is to introduce people the true philosophy and ethics of hackers, hopefully clearing their name
and giving them the social status they deserve.

Advantages of hacking

 Can be used to recover lost information where the computer password has been lost.
 Teaches u that no technology is 100% secureh
 To test how good security is on your own network. They call it white hat computer hacking.
 Hacking is good with games especially when you are online but the only problem is
if the gaming server finds out that you have been hacking then you could get chucked off the gaming server so watch out.

Security
Security is the degree of resistance to, or protection from, harm. It applies to any vulnerable and valuable asset, such as a
person, dwelling, community, nation, or organization.

Theft
 In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent.
 The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement,
larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion.
Theft of services is a criminal activity in which people benefit from services without providing compensation. Depending on the value
of the services, the crime may be considered a felony or a misdemeanor.

Example of Theft services


 Theft of services can be seen with utilities like phones, electricity, water, cable, and Internet. People may toggle devices which
are used for metering so that they pay less, or they may use devices which allow them to bypass metering altogether and
obtain the services for free.
 Theft of services which started to become a common problem in some areas of the world in the 2000s was theft of wireless
Internet services, with people bypassing router security to access a wireless access point for which they were not paying.

Identity theft is a crime whereby criminals impersonate individuals, usually for financial gain.

Phishing
The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user
into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are
asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate
organization already has. The Web site, however, is bogus and set up only to steal the user’s information.

E-mail Spoofing
Forging an e-mail header to make it appear as if it came from somewhere or someone other than the actual source. The main
protocol that is used when sending e-mail -- SMTP -- does not include a way to authenticate. There is an SMTP service extension (RFC
2554) that allows an SMTP client to negotiate a security level with a mail server. But if this precaution is not taken anyone with the know-
how can connect to the server and use it to send spoofed messages by altering the header information.

Copyright Infringement
It 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.
Unfair Competition

Tele/videoconferencing

21
MCT DCIT 25 Professional Ethics for IT
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.Teleconferencing allows the distant sites to interact with each other
and with the teaching end through phone, fax, and e-mail. The interactions occur in real time. This means that the learners/participants
and the resource persons are present at the same time in different locations and are able to communicate with each other. In some
situations, questions can be faxed/e-mailed early for response by the resource persons.

Videoconferencing is the conduct of a videoconference (also known as a video conference or videoteleconference) by a set
of telecommunication technologies which allow two or more locations to communicate by simultaneous two-way video and audio
transmissions. It has also been called 'visual collaboration' and is a type of groupware. The word ‘tele’ means distance. The word
‘conference’ means consultations, discussions.Through teleconferencing two or more locations situated at a distance are connected so
that they can hear or both see and hear each other.

Videoconferencing differs from videophone calls in that it's designed to serve a conference or multiple locations rather than individuals. It
is an intermediate form of videotelephony , first used commercially in Germany during the late-1930s and later in the United States during
the early 1970s as part of AT&T's development of Picturephone technology.

Online defamation / Cyber Libel


Defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault,"
meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander
is a spoken defamation.

Piracy
Piracy is the popular term for the illegal activity that is more correctly known as copyright infringement. It refers to the
unauthorized duplication of copyrighted content that is then sold at substantially lower prices in the 'grey' market. Many laws have been
made to prevent privacy. It is done in many ways like video piracy, cable piracy, and DVD/CD piracy, software piracy.
a. Video piracy takes place when a film is produced in the form of a videocassette without proper authorization from the right
holder i.e. the producer. Often, film producers sell video rights to another party (generally after six weeks or more of release in
theatres), which makes video cassettes for selling, or lending.
b. Cable piracy refers to unauthorised transmission of films through cable network. Very often, films, especially the new releases,
are shown through cable without permission from the rights holder.
c. Music piracy is the copying and distributing of copies of a piece of music for which the composer, recording artist, or copyright-
holding record company did not give consent. It also refers to the unauthorized replication of music cassettes that flood the
market as soon as the launch of a new release.
d. DVD/VCD piracy of Indian films happens in the international markets. The prints sent for overseas screening of the film are
pirated, typically at any of the Middle East country airports. DVD/VCD prints are prepared and are send to Pakistan. From
Pakistan, these prints may even travel to Nepal and enter the country by land.

e. Software piracy can be defined as "copying and using commercial software purchased by someone else". Software piracy is
illegal. Each pirated piece of software takes away from company profits, reducing funds for further software development
initiatives. It also involves the violation of license agreements and occurs when you download, copy, fileshare, install, or
distribute digitized material in the form of computer software programs and entertainment media without authorization from the
owner/creator.

f. Game piracy is an activity in which people make and distribute copies of a computer or console game without authorization
from the game's developer and owner of the game’s copyright.

Fraud
Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is
the verb). As a legal construct, fraud is both a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud and/or
recover monetary compensation) and a criminal wrong (i.e., a fraud perpetrator may be prosecuted and imprisoned by governmental
22
MCT DCIT 25 Professional Ethics for IT
authorities). Defrauding people or organizations of money or valuables is the usual purpose of fraud, but it sometimes instead involves
obtaining benefits without actually depriving anyone of money or valuables, such as obtaining a driver’s license by way of false statements
made in an application for the same.

Example of Electronic or Computer Fraud in the Philippines

Email scams and fake websites

A number of Internet users have received emails claiming to be from financial institutions or other legitimate organizations.

Some emails inform the recipient that their security details and passwords need to be updated by logging into an authentic looking, but
fake website. The purpose of these websites is to obtain your Internet Banking details to access your bank accounts.

Other emails communicate security messages and advise you to download or install attachments. By downloading or installing the
software you may in fact have exposed yourself to a fraud.

WHAT IS A CRIME?
CRIME is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can
ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently.
While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of
other civil law may rank as "offences" or as "infractions". Modern societies generally regard crimes as offenses against the public or the
state, distinguished from torts (offenses against private parties that can give rise to a civil cause of action

Cybercrime
A cybercrime is a crime committed with or through the use of information and communication technologies such as radio,
television, cellular phone, computer and network, and other communication device or application. It is defined as the use of any computer
network for crime.

Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including
financial scams, computer hacking, downloading pornographic images from the internet, virus attacks, stalking by e-mail and creating
websites that promote racial hatred.

CAUSES OF INCREASE INTERNET SECURITY INCIDENTS


• Increasing complexity increases vulnerability.
• Higher computer user error and access to information.
• Expanding and changing environment introduces new risks.
• Increased reliance on commercial software with known vulnerabilities.
TYPES OF ATTACKS
1. VIRUS-is a piece of programming code usually disguised as something else that causes some unexpected and usually undesirable
event.
2. Worms-is also a harmful computer program and has the ability to propagate without human intervention unlike virus.
3. TROJAN HORSE Is a program that gets secretly installed on a computer, planting a harmful payload that can allow the hacker who
planted it to do such things as steal passwords or spy on users by recording keystrokes and transmitting them to a third party.
• A logic bomb is a type of Trojan horse that executes when a specific condition occurs
• Logic bombs can be triggered by a change in a particular file, typing a specific series of key strokes, or by a specific time or
date.

23
MCT DCIT 25 Professional Ethics for IT
Many viruses attack their host systems on specific dates, such as Friday the 13th or April Fool's Day. Trojans that activate on certain
dates are often called "time bombs
4. DENIAL-OF-SERVICE is an attempt to make a computer resource unavailable to its intended users. It generally consists of the
concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently or at all, temporarily or
indefinitely

REDUCING INTERNET VULNERABILITIES


• Risk assessment is an organization’s review of the potential threats to its computer and network and the probability of those
threats occurring.
• Establish a security policy that defines the security requirements of an organization and describes the controls and sanctions
to be used to meet those requirements.
• Educate employees, contractors, and part-time workers in the importance of security so that they will be motivated to
understand and follow security policy.
PREVENTION
• Install a corporate firewall.
• Install anti-virus software on personal computers
• Implement safeguards against attacks by malicious insiders.
• Address the ten most critical Internet security threats.
• Verify backup processes for critical software and databases.
• Conduct periodic IT security audits
DETECTION
• INTRUSION DETECTION SYSTEMS monitor system and network resources and activities and, using information gathered
from theses sources, they notify authorities when they identify a possible intrusion.
• HONEYPOT is a computer on your network that contains no data or applications critical to the company but has enough
interesting data to lure intruders so that they can be observed in action.

Type of Perpetrator

Level of risk
Type of Resources available to Frequency of
Objective taking acceptable
Perpetrator perpetrator Attack
to perpetrator

Test limits of system, gain


Hacker Limited Minimal High
publicity

Cause problems, steal


Cracker Limited Moderate Medium
data, corrupt systems

Financial gain or disrupt


Knowledge of systems and
Insider company’s information Moderate Low
passwords
systems

24
MCT DCIT 25 Professional Ethics for IT
Capture trade secrets or
Industrial Spy gain competitive Well funded, well trained Minimal Low
advantage

Cybercriminal Financial gain Well funded, well trained Moderate Low

Cause destruction to key Not necessarily well


Cyber Terrorist Very High Low
infrastructure components funded nor well trained

25
MCT DCIT 25 Professional Ethics for IT
CHAPTER 6- ETHICS AND LAW

There is a close relation between ethics and law. Ethics deals with morality and morality presupposes a norm or law of conduct
by which right is distinguished from wrong. When we speak of morality, we mean primarily the moral law. Law can be defined as
a crystallized ethics and consistent set of universal rules that are widely published, generally accepted, and usually enforced. These
rules describe the ways in which people are required to act in their relationships with others in a society. They are requirements to act in
a given way, not just expectations or suggestions to act in that way. The government can use police powers to enforce laws. The following
chart defines the terms in the definition of law above.

 Consistent – If two requirements contradict each other, both cannot be termed a law, because people cannot obey both.
 Universal – The requirements must be applicable to every one with similar characteristics facing the same set of
circumstances.
 Published – The requirements have to be published, in written form, so that they are accessible to everyone within the
society.
 Accepted – The requirements have to be generally obeyed.
 Enforced – Members of society must be compelled to obey the law if they do not choose to do so voluntarily.

26
MCT DCIT 25 Professional Ethics for IT

CHAPTER 7 APPLICABLE PHILIPPINE LAWS THAT PENALIZE CYBERCRIME

Intellectual Property Law

Introduction:
Intellectual property is relevant to the discussion of ethics in IT because this body of law offers both hope and potential
ethical problems for the creators and users of information and Information Technology. Because a prodigious amount of copyrighted or
patented information is capable of being stored electronically it easy to access to such information to those who need or want to use it.
With the intellectual property law the person can’t use the idea or the things that was made by others without permission.
Copyrights, patents, trademarks and trade secrets provide a complex body of regarding the ownership of intellectual
property. Intellectual property represents a large and valuable asset to most companies. If not protected, it is possible for other
company to copy or steal the asset, resulting in significant loss of revenue and loss of competitive advantage.
Terminologies:
 Intellectual Property – is a term describes works of the mind such as art, books, films, formulae, invention, music, and
processes that are distinct and that are “owned” or created by single entity.
 Copyright law – protects authored works such as art, books, film, and music.
 Patent Law – protect invention.
 Trade Secret Protection Law – help enforce the concept of fairness in business dealing
 Trademark – is anything that enables the consumer to differentiate one company from another’s. The trademark may be a
logo, package design, phrase, sound or word.
 Trademark law – it gives the producer who are regularly uses a mark the right to prevent the others from using the same
mark or a confusingly similar mark..
 Cybersquatters – registered domain names for famous trademarks or company names which they had absolutely no
connection, with the hope that the company owning the trademark would buy the domain name for a large sum of money.
Strengths and Limitation of Copyright, Patents, Trade Secret law to Protect Intellectual Property:
 Copyright:
It grants the author of an original work the exclusive right to distribute, display, perform, or reproduce the work in
copies, prepare derivative works based upon the work, and grant the exclusive right to do any of these actions to others.
Copyright law has proven to be extremely flexible in covering new technologies: software, videogames, multimedia
works, and Web pages can all be protected by copyright. However, evaluation of the originality of the work can be
problematic and has given rise to much litigation.
 Patents:
Patents enable the inventor to take legal action against those who, without the inventor’s permission, manufacture,
use, or sell the invention during the period of time the patent is in force. Not only does a patent prevent a copying, but it also
prevents independent creation (an allowable defense to a copyright infringement claim). Unlike copyright infringement, for
which monetary penalties are limited, if the courts determines that patent infringements exists and is intentional, up to triple
the amount of the damages claim by the patent holder can be awarded.
 Trade Secret
To quality as a trade secret, s piece of information must have economic value and must not be readily
ascertainable. In addition the trade secret owner must have taken steps to maintain its secrecy. Trade secret law doesn’t

27
MCT DCIT 25 Professional Ethics for IT
prevent someone from using the same idea if it was arrived independently or from analyzing the end product to figure out the
trade secret behind it.
Thee key Advantage of trade secret law has over used of patents and copyrights in protecting companies from losing control
of their intellectual property:
1. There is no time limitation on the protection of trade secrets such as exist of patents and copyrights.
2. There is no need to file any application or otherwise disclose a trade secret to outsiders to gain protection.
3. There is no risk that a trade secret might be found to be invalid in the court.
Reverse Engineering:
It is a process of breaking something down in order to understand it, build a copy of it, or improve it.
Reverse engineering as originally applied to computer hardware but is no commonly applied to software. In some situation, it
can be considered unethical because it provides a mean to gain access to information that another organization may have. Recent
court rulings, shrink-wrap license agreement for software that forbid reverse engineering.
UCITA:
is a controversial model act that would apply uniform legislation to software licensing issues. It defines a software license as
a contract that grants permission to access or use information subject to condition set forth in the license. Supporters claim that UCITA
ill bring a needed uniformity to licensing laws and improve the mass market distribution of electronic information across the US.
Opponents argue that UCITA will increase software and information costs to companies, give consumer less protection against poorly
designed software and increase the power of software vendors.
Competitive intelligence Vs. Industrial Espionage:
Industrial espionage, which employs illegal means to obtain business information not readily available to general public. In
the US industrial espionage is a serious crime that carries heavy penalties. Almost all of the data needed for competitive intelligence
can be collected from careful examination of published information sources or interviews. Competitive intelligence analyst must use
care and avoid doing anything that is blatantly unethical or illegal, including lying, misrepresenting, stealing, bribing or eavesdropping
with illegal devices.
Strategy to be used to protect from Cybersquatting:
The main tactic of the organizations to circumvent cybersquatting is to protect the trademark by registering, as soon as the
organization knows it wants to develop a web presence. In addition, trademark owners to whom non-English speaking customers are
important should register their names in multilingual form as well.

E-Commerce Law ( Republic Act No. 8792) / Electronic Commerce Act of 2000

An act providing for the recognition and use of electronic commercial and non -commercial transactions and documents,
penalties for unlawful use thereof and for other purposes. This Act aims to facilitate domestic and international dealings, transactions,
arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar
medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such
activities and to promote the universal use of electronic transaction in the government and general public.This Act shall apply to any kind
of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and
international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.

Definition of Terms.

a. “Addressee” refers to a person who is intended by the originator to receive the electronic data message or electronic document. The
term does not include a person acting as an intermediary with respect to that electronic data message or electronic document.

28
MCT DCIT 25 Professional Ethics for IT
b. “Computer” refers to any device or apparatus which, by electronic, electro-mechanical or magnetic impulse, or by other means, is
capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other
modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.

c. “Electronic Data message” refers to information generated, sent, received or stored by electronic, optical or similar means.

d. “Information and communication system” refers to a system intended for and capable of generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or
in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic
document.

e. “Electronic signature” refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a
person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures
employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic
data message or electronic document.

f. “Electronic document” refers to information or the representation of information, data, figures, symbols or other modes of written
expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be
proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.

g. “Electronic key” refers to a secret code which secures and defends sensitive information that crosses over public channels into a
form decipherable only with a matching electronic key.

h. “Intermediary” refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives
and/or stores or provides other services in respect of that electronic document.

i. “Originator” refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated
and/or sent . The term does not include a person acting as an intermediary with respect to that electronic document.

j. “Service provider” refers to a provider of -

(i) On-line services or network access, or the operator of facilities therefor, including entities offering the transmission, routing, or providing
of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of
the user’s choosing; or

(ii) The necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated
or undesignated third party;

Political Law

Is a branch of public law which deals with the organization and operations of the governmental organs of the State and defines
the relations of the State with the inhabitants of its territory. (PEOPLE VS. PERFECTO, 43 Phil. 887) The entire field of political law may
be subdivided into (a) the law of public administration, (b) constitutional law, (c) administrative law, and (d) the law of public
corporations. These four subdivisions may be briefly described for the time being, as follows: The first deals with the organization and
management of the different branches of the government; the second, with the guaranties of the constitution to individual rights and the
limitations on governmental action; the third, with the exercise of executive power in the making of rules and the decision of questions
affecting private rights; and the last, with governmental agencies for local government or for other special purposes.

Scope/Divisions of Political Law:


1.Constitutional Law—the study of the maintenance of the proper balance between authority as represented by the
three inherent powers of the state and liberty as guaranteed by the Bill of Rights.
2.Administrative Law-- That branch of public law which fixes the organization, determines the competence of
administrative authorities who executes the law, and indicates to the individual remedies for the violation of his right.
3.Law on Municipal Corporations
4.Law of Public Officers
5. Elections Law

29
MCT DCIT 25 Professional Ethics for IT

Civil Code / Civil Code of the Philippines

The Philippine Civil Code is the basic law governing:(1) persons and family relations;(2) property, ownership and its
modifications; (3) the modes of acquiring ownership; and (4) obligations and contracts. It is the product of the codification of private law
in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains
in force to date despite some significant amendments.

The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that
governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date despite some significant
amendments.

Revised Penal Code


It contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several
amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. Violations of the crimes listed in
the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself.

Special Criminal Law


It is the body of laws defining crimes and defining the penalties thereof in the Philippines. Criminal law is the body of law that
relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property,
health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according
to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.Apart
from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing acts
such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms. Violations of Special
Penal Laws are generally referred to as malum prohibitum or an act that is wrong because it is prohibited.

Unfair Competition Act / Philippine Competition Act

This Act shall be enforceable against any person or entity engaged in any trade, industry and commerce in the Republic of the
Philippines. It shall likewise be applicable to international trade having direct, substantial, and reasonably foreseeable effects in trade,
industry, or commerce in the Republic of the Philippines, including those that result from acts done outside the Republic of the
Philippines.This Act shall not apply to the combinations or activities of workers or employees nor to agreements or arrangements with
their employers when such combinations, activities, agreements, or arrangements are designed solely to facilitate collective bargaining
in respect of conditions of employment.

Definition of Terms:

(a) Acquisition refers to the purchase of securities or assets, through contract or other means, for the purpose of obtaining control by:

(1) One (1) entity of the whole or part of another;

(2) Two (2) or more entities over another; or

(3) One (1) or more entities over one (1) or more entities;

(b) Agreement refers to any type or form of contract, arrangement, understanding, collective recommendation, or concerted action,
whether formal or informal, explicit or tacit, written or oral;

(c) Conduct refers to any type or form of undertaking, collective recommendation, independent or concerted action or practice, whether
formal or informal;

(d) Commission refers to the Philippine Competition Commission created under this Act;

30
MCT DCIT 25 Professional Ethics for IT
(e) Confidential business information refers to information which concerns or relates to the operations, production, sales, shipments,
purchases, transfers, identification of customers, inventories, or amount or source of any income, profits, losses, expenditures;

(f) Control refers to the ability to substantially influence or direct the actions or decisions of an entity, whether by contract, agency or
otherwise;

(g) Dominant position refers to a position of economic strength that an entity or entities hold which makes it capable of controlling the
relevant market independently from any or a combination of the following: competitors, customers, suppliers, or consumers;

(h) Entity refers to any person, natural or juridical, sole proprietorship, partnership, combination or association in any form, whether
incorporated or not, domestic or foreign, including those owned or controlled by the government, engaged directly or indirectly in any
economic activity;

(i) Market refers to the group of goods or services that are sufficiently interchangeable or substitutable and the object of competition, and
the geographic area where said goods or services are offered;

(j) Merger refers to the joining of two (2) or more entities into an existing entity or to form a new entity;

(k) Relevant market refers to the market in which a particular good or service is sold and which is a combination of the relevant product
market and the relevant geographic market, defined as follows:

(1) A relevant product market comprises all those goods and/or services which are regarded as interchangeable or substitutable
by the consumer or the customer, by reason of the goods and/or services’ characteristics, their prices and their intended use; and

(2) The relevant geographic market comprises the area in which the entity concerned is involved in the supply and demand of
goods and services, in which the conditions of competition are sufficiently homogenous and which can be distinguished from neighboring
areas because the conditions of competition are different in those areas.

Internet Pornography
Internet porn is sexually explicit content made available online in various formats including images, video files, video games
and streaming video. It is any pornography that is accessible over the Internet, primarily via websites, peer-to-peer file sharing, or Usenet
newsgroups. The availability of widespread public access to the World Wide Web in 1991 led to the growth of Internet pornography.

31
MCT DCIT 25 Professional Ethics for IT
CHAPTER 8 –CODE OF ETHICS

THE NATURE OF ETHICAL CODES


Codes of ethics provide the bases for good work ethics. These codes generally set up a system of duties and obligations,
furnish a system of right and wrong, promote positive work values, and define what comprises ethical and unethical practices in the
performance of work or the practice of any profession. These codes generally consist of a set of ethical principles accompanied by
disciplinary rules.

Code of Professional Ethics


I. Purpose and Scope
Article 1
This Code of Professional Ethics (hereinafter called the "Code") lays down the standards of integrity, professionalism and confidentiality
which all members of the Association shall be bound to respect in their work as conference interpreters.
Candidates and precandidates shall also undertake to adhere to the provisions of this Code.
The Disciplinary and Disputes Committee, acting in accordance with the provisions of the Statutes, shall impose penalties for any breach
of the rules of the profession as defined in this Code.
II. Code of Honor
Article 2
Members of the Association shall be bound by the strictest secrecy, which must be observed towards all persons and with regard to all
information disclosed in the course of the practice of the profession at any gathering not open to the public.
Members shall refrain from deriving any personal gain whatsoever from confidential information they may have acquired in the exercise
of their duties as conference interpreters.
Article 3
Members of the Association shall not accept any assignment for which they are not qualified. Acceptance of an assignment shall imply
a moral undertaking on the member's part to work with all due professionalism.
Any member of the Association recruiting other conference interpreters, be they members of the Association or not, shall give the same
undertaking.
Members of the Association shall not accept more than one assignment for the same period of time.
Article 4
Members of the Association shall not accept any job or situation which might detract from the dignity of the profession.
They shall refrain from any act which might bring the profession into disrepute.

Article 5
For any professional purpose, members may publicise the fact that they are conference interpreters and members of the Association,
either as individuals or as part of any grouping or region to which they belong.
Article 6
It shall be the duty of members of the Association to afford their colleagues moral assistance and collegiality.

32
MCT DCIT 25 Professional Ethics for IT
Members shall refrain from any utterance or action prejudicial to the interests of the Association or its members. Any complaint arising
out of the conduct of any other member or any disagreement regarding any decision taken by the Association shall be pursued and
settled within the Association itself.
Any problem pertaining to the profession which arises between two or more members of the Association, including candidates and
precandidates, may be referred to the Disciplinary and Disputes Committee for arbitration, except for disputes of a commercial nature.
III. Working Conditions
Article 7
With a view to ensuring the best quality interpretation, members of the Association:
Shall endeavour always to secure satisfactory conditions of sound, visibility and comfort, having particular regard to the Professional
Standards as adopted by the Association as well as any technical standards drawn up or approved by it
;Shall not, as a general rule, wheninterpreting simultaneously in a booth, work either alone or without the availability of a colleague to
relieve them should the need arise;
Shall try to ensure that teams of conference interpreters are formed in such a way as to avoid the systematic use of relay;
Shall not agree to undertake either simultaneous interpretation without a booth or whispered interpretation unless the circumstances are
exceptional and the quality of interpretation work is not thereby impaired;
require a direct view of the speaker and the room and therefore will not agree to working from screens except in exceptional circumstances
where a direct view is not possible, provided the arrangements comply with the Association's appropriate technical specifications and
rules;
Shall require that working documents and texts to be read out at the conference be sent to them in advance;
Shall request a briefing session whenever appropriate;
Shall not perform any other duties except that of conference interpreter at conferences for which they have been taken on as interpreters.
Article 8
Members of the Association shall neither accept nor, a fortiori, offer for themselves or for other conference interpreters recruited through
them, be they members of the Association or not, any workingconditions contrary to those laid down in this Code or in the Professional
Standards.

IV. Amendment Procedure


Article 9
This Code may be modified by a decision of the Assembly taken with a two-thirds majority of votes cast and, if appropriate, after having
sought a legal opinion on the proposals.

33
MCT DCIT 25 Professional Ethics for IT
MEDICAL CODE OF ETHICS
ARTICLE 1
GENERAL PRINCIPLES
Section 1. The primary objective of the practice of medicine is service to mankind irrespective of race, age, disease, disability, gender,
sexual orientation, social standing, creed or political affiliation. In medical practice, reward or financial gain should be a subordinate
consideration.
Section 2. On entering the profession, a physician assumes the obligation of maintaining the honourable tradition that confers the well-
deserved title of a “friend of mankind”. The physician should cherish a proper pride in the calling and conduct himself/herself in accordance
with this Code and in the generally accepted principles of the International Code of Medical Ethics.
Section 3. Physicians should full fill the civic duties of a good citizen, must conform to the laws and cooperate with the proper authorities
in the application of medical knowledge for the promotion of the common welfare.
Section 4. Physicians should work together in harmony and mutual respect.
Section 5. Physicians should cooperate with and safeguard the interest, reputation and dignity of paramedical and other health
professionals.
Section 6. Physicians should be upright, diligent, sober, modest and well versed in both the science and the art of the profession.
Section 7. The promotion and advancement of the health of the patients should be prioritized over the benefits of the physicians and the
health products industries.
ARTICLE II
DUTIES OF PHYSICIANS TO THEIR PATIENTS
Section 1. A physician should be dedicated to provide competent medical care with full professional skill in accordance with the current
standards of care, compassion, independence and respect for human dignity.
Section 2. A physician should be free to choose patients.
Section 3. In an emergency, provided there is no risk to his or her safety, a physician should administer at least first aid treatment and
then refer the patientto the primary physician and/or to a more competent health provider andappropriate facility if necessary.
Section 4. In serious/difficult cases, or when the circumstances of the patient or the family so demand or justify, the attending physician
should seek the assistance of the appropriate specialist.
Section 5. A physician should exercise good faith and honesty in expressing opinion/s as to the diagnosis, prognosis, and treatment of a
case under his/her care. A physician shall respect the right of the patient to refuse medical treatment. Timely notice of the worsening of
the disease should be given to the patient and/or family. A physician shall not conceal nor exaggerate the patient’s condition except when
it is to the latter’s best interest. A physician shall obtain from the patient a voluntary informed consent. In case of unconsciousness or in
a state of mental deficiency the informed consent may be given by a spouse or immediate relatives and in the absence of both, by the
party authorized by an advanced directive of the patient. Informed consent in the case of minor should be given by the parents or
guardian, members of the immediate family that are of legal age.
Section 6. The physician should hold as sacred and highly confidential whatever may be discovered or learned pertinent to the patient
even after death, except when required in the promotion of justice, safety and public health.
Section 7. Professional fees should be commensurate to the services rendered with due consideration to the patient’s financial status,
nature of the case, time consumed and the professional standing and skill of the physician in the community.

ARTICLE III

34
MCT DCIT 25 Professional Ethics for IT
DUTIES OF PHYSICIANS TO THE COMMUNITY
Section 1. A physician should cooperate with the duly constituted health authorities in the education and enforcement of laws and
regulations for the promotion of health. Furthermore, in times of epidemic and public calamity, except when his or her personal safety is
at stake, the physician must attend to the victims, alert the public and duly constituted health authorities on the dangers of communicable
diseases and enforce measures for prevention and cure in accordance with existing laws, rules and regulations.
Section 2. A physician shall assist the government in the administration ofjustice in accordance with law. He/she maybe accorded a fair
and just remuneration when called upon as an expert witness.
Section 3. A physician is encouraged to expose and report to the proper authorities’ unlicensed medical practitioners, charlatans and
quacks in as much as their nefarious practices may cause injury to health and life. A physician should never condone nor connive with
such fake health providers.
Section 4. A physician shall not employ agents in the solicitation and recruitment of patients. For the promotion of medical practice, a
physician may use professional cards, classified advertising, publications, internet, directories and signboards. Signboards shall not
exceed one by two (1x2) meters in size. Except in internet web sites, only the name of the physician, field of specialty, office hours or
office or residential addresses may appear. The act of the physician in publishing his or her personal superiority, special certificates or
diplomas, post graduate training, specific methods of treatment, operative techniques or former connections with hospitals or clinics is
not allowed. However, these matters may be placed by a physician within the confines of his clinic or residence. For internet web sites,
recognizing the right of a patient to know the capabilities and qualifications of his doctor, special certificates or diplomas, post graduate
training and former connections with hospitals or clinics may be posted.
Section 5. A physician involved in multimedia must be well informed of the matter under discussion. Only the name of the physician and
membership to a society or institution may be mentioned or posted. A physician should only make a general opinion and shall refrain
from making a specific diagnosis, therapy or projection to individual cases in his appearances in the broadcast media. An article written
by a physician must be evidence-based and disclose connections with pharmaceutical or health product companies. A physician shall
not commercially endorse any medical or health product.
ARTICLE IV
DUTIES OF PHYSICIANS TO THEIR COLLEAGUES AND TO THE PROFESSION
Section 1. A physician shall waive his professional fees to a colleague, his other spouse, children and parents who are financially
dependent on him.
Section 2. When necessary, the attending physician should always seek consultation from an available appropriate specialist.
Section 3. The primary and consultant physicians should always observe the proper protocol of the referral system. The consultant may
make another referral but should seek permission from the primary physician. In making referral, a physician should forward a clinical
abstract and specify the purposes to whether the case is for opinion/evaluation, for co-management, or for transfer of service.
Section 4. With the consent of the patient, in cases where a physician has to suspend service during temporary absences, the substitute
physician shall treat the patient with the same dedication and quality of care extended to his/her own patient. The patient should be
returned to the care of the primary physician as soon as possible.
Section 5. Whenever a physician makes a social or business call on a patient under the care of another, making comments pertaining to
the case is unethical unless if an emergency arises.
Section 6. Whenever there is an irreconcilable difference of opinion in the management of a case, the matter should be referred to the
Philippine Medical Association or the specialty society concerned.

35
MCT DCIT 25 Professional Ethics for IT
Section 7. Members of the editorial board of medical journals should possess adequate qualifications. Written articles and scientific
presentations in scientific conferences should include full disclosure of any pharmaceutical support and should be independent of any
commercial influence.
Section 8. A physician shall not receive any commission for referring patients to a colleague, third person or institution. However, nominal
gifts during occasions may be received by a physician.
Section 9. A physician is encouraged to report to the Philippine Medical
Association or the Board of Medicine personal knowledge of any corrupt or dishonest conduct of the members of the profession.
Section 10. Continuing medical education conferences and professional meetings must contribute to improve and optimize patients care
or address the educational needs of the targeted medical audience. They must be organized by a medical society on its own or in
cooperation with sponsoring entities.
Section 11. Funds from commercial sources may be accepted for the benefit of the association or society.
Section 12. Physicians may accept reasonable subsidies from health and other industries to support their participation in CME events.
Section 13. The faculty/speaker/consultant of conferences or meetings is allowed to accept from health industries honoraria and
reimbursement for reasonable transportation, lodging and meal expenses.
Section 14. Scholarships for physicians and medical students are permissible as long as the selection of scholars are made by the
organizers or academicinstitutions concerned.
Section 15. Generic names shall be used during the course of CME activities.However, after the lectures, the sponsoring entity may
promote or indicate theirbranded products.
Section 16. When commercial exhibits are part of the overall program,arrangements for these should not influence the planning nor
interfere with theCME activities. Only relevant information of the product should be included inthe exhibit area.
Article V
DUTIES OF PHYSICIANS TO ALLIED PROFESSIONALS
Section 1. Physicians should never pay nor receive commission to or fromany allied health worker for cases referred.
ARTICLE VI
RELATIONSHIP OF PHYSICIANS WITH THEHEALTH PRODUCTS INDUSTRY
Section 1. The physician shall not derive any form of material gain from product samples.
Section 2. Physicians may participate in post-marketing or similar activities where they are asked to try new products on patients provided
that the patients are properly informed and have given their informed consent. Physicians are encouraged to report or share the result
of such activities to the duly constituted authorities.
Section 3. Only gifts of reasonable value that primarily entail benefit to patient care or related to physicians’ work may be accepted by a
physician from a health product company.
Section 4. Physicians may request donations for a charitable purpose for as long as it does not redound to his or her personal benefit.
Section 5. Research activities shall be ethically defensible, socially responsible, and scientifically valid. Any remuneration should be
reasonable and should not constitute an enticement.
Section 6 Research trials conducted by physicians for an industry should be done in accordance with the national or institutional
guidelines for the protection of human subjects.
ARTICLE VII
AMENDMENTS

36
MCT DCIT 25 Professional Ethics for IT
Section 1. The Board of Governors of the Association, upon recommendationof the Commission on Ethics may amend or repeal this
code by a 2/3 vote of themembers of the Board. Amendments shall be subsequently ratified by the General Assembly following the
approval by the Board.

SOCIAL RESEARCH CODE OF ETHICS


Ethical discussions usually remain detached or marginalized from discussions of research projects. In fact, some researchers
consider this aspect of research an afterthought. Yet, the moral integrity of the researcher is a critically important aspect of insuring that
the research process and are searcher’s findings are “trustworthy” and valid. The term ethics derives from the Greek word ethos which
means character. To engage with the ethical dimension of your research requires asking yourself several important questions:
• What moral principles guide your research?
• How do ethical issues enter into your selection of a research problem?
• How do ethical issues affect how you conduct your research—the design of your study, your sampling procedure, etc.?
• What responsibility do you have toward your research subjects? Forexample, do you have their informed consent to participate in
yourproject? What ethical issues/dilemmas might come into play in decidingwhat research findings you publish? Will your research
directlybenefit those who participated in the study?
A consideration of ethics needs to be a critical part of the substructure ofthe research process from the initial conception of your problem
to the interpretationand publishing of the research findings.
BUSINESS CODE OF ETHICS
Code of Ethics for Companies
Ethics among shareholders, owners, directors and management are a necessary element for companies in the 21st century to adequately
meet their objectives, to the degree that Ethics are a key requisite in guaranteeing and balancing the rights and interests of all
stakeholders involved: employees, clients, shareholders, suppliers and business partners and the society at large.
Ethics presuppose rigorous compliance in and by the company with applicable legislation, as well as with the Articles of Incorporation
and Regulations for internal operations, where they exist.
Ethics within the company require that shareholders and owners become guarantors of compliance in respect of obligations for directors
and management.
Even though this Code has been created with the intention of being applicable in general to all companies, it should also be understood
within a general and basic framework subject to adaptation to the specific circumstances of each business; thereby ensuring that it
contemplates application of the principles of ethics and sustainable development in accordance with the specific activity of the company
involved.
Ideally, the Board of Directors is responsible for drawing up the Code of Ethics for the company and the General Shareholders’ Meeting
for approving that Code. Should, however, the Board also proceed with approval, that decision must be ratified by the Shareholders’
Meeting.
Shareholders and Owners
In the exercise of their ownership rights, they should:
Configure their company as an instrument at the service of creating wealth, making their indisputable objective of obtaining a profit
compatible with sustainable, environmentally sound social development, making certain that all activities are carried out in an ethical and
responsible manner.
Configure the company as a medium and long-term entity, not compromising its continuity through an interest in short-term enrichment.

37
MCT DCIT 25 Professional Ethics for IT
Exercise voting rights at the General Shareholders’ Meetings on an informed and responsible basis and, in doing so, always demand
ethical behavior from the company, including approval of the Code of Ethics and orchestrating effective application thereof.
Search for a fair balance between capital and work, in such a fashion that, through their salaries, workers receive just compensation for
their work.
Appoint as directors and management persons who meet the requisites established regarding adequate preparation and experience,
and who carry out management functions in a professional, ethical and responsible manner.
Define and defend the mission and values of the company in accordance with its Code of Ethics.
Directors and Management
In the exercise of their administrative and management functions, they should:
A) In relation to Management functions:
- Carry out their activities in a professional, ethical and responsible manner.
- Comply and demand compliance with the Code of Ethics of the company and, to that end, make the Code known and establish
appropriate mechanisms to guarantee application. In particular there should be a body, ideally an Ethics Committee, made up of people
with sufficient power to apply the Code and correct infractions.
- Inform owners or shareholders periodically and accurately as to the situation of and outlook for the company.
- Promote effective participation by shareholders at the General Meetings, especially by facilitating the exercise of information and voting
rights.
- Comply and demand compliance with generally accepted accounting standards and principles, and establish internal and external risk
management and control systems in accordance with the characteristics of the company.
- Keep the books and ledgers of the company in an accurate and honest manner, in order to permit that information be obtained and
decisions be taken on an informed and responsible basis.
- Provide external and internal auditors of the company with all such information and explanations as maybe required to carry out their
work.

CODE OF ETHICS
- Subordinate their own interests to those of the company when acting on behalf and in representation thereof and not use corporate
assets in their own benefit, except with due transparency, prior authorization from the relevant corporate body and in exchange for
consideration deemed appropriate on the market.
- Immediately notify the administrative body as to any event or situation which would represent or could give rise to a conflict between
the interests of the company and the individual interests of the director or manager, and abstain from intervening in the resolution.
- Facilitate the transparency of and control over their remuneration in such a way that it is guaranteed to be appropriate to their level of
responsibility and performance and to the characteristics of the company.
- Maintain as confidential the background, data and documents to which they have access by virtue of their functions in the company,
even when they no longer carry out such functions.
- Make payment and comply with debts incurred by the company without unjustified delay or breach, and collect on balances due with
the diligence required in each case.
- Prepare and maintain in place a succession plan for key positions within the company, to ensure that continuity of the company does
not depend on the presence of any given director or manager.

38
MCT DCIT 25 Professional Ethics for IT
- Choose their collaborators and subordinates in accordance with the principles of merit and capacity, looking only to fulfill the interests
of the company.
B) In relation to suppliers and clients of the Company:
- Maintain ethical and licit relationships with suppliers of goods and services.
- Search for and select only suppliers, whose business practices respect human dignity, are not in breach of law and do not place the
company’s reputation in danger.
- Select suppliers on the basis of the appropriateness of their products or services, as well as of their prices, delivery conditions and
quality, not accepting or offering gifts or commissions, in cash or in kind, which could alter the rules of free competition in the production
and distribution of goods and services.
- Aspire to excellence in the goods and services of the company in such a way that clients and consumers obtain the satisfaction expected
there from.
- Guarantee the products and services of the company and deal quickly and efficiently with consumer and user claims, with a view to
achieving satisfaction beyond mere compliance with prevailing legislation.
C) In relation to competitors of the Company:
- Not abuse a dominant or privileged market position.
- Compete in good faith with other companies cooperating to achieve a free market based on mutual respect between competitors and
abstaining from engaging in unfair practices.
- In particular, not take clients from other competitors employing unethical methods.
D) In relation to employees of the Company:
- Treat employees with dignity, respect and justice, taking into consideration their different cultural sensitivities.
- Not discriminate against employees on the grounds of race, religion, age, nationality, sex or any other personal or social condition
different from the conditions of merit and capacity.
- Not permit any form of violence, harassment or abuse at the workplace.
- Recognize the rights of association, union membership and collective negotiation.
- Promote the professional development, training and promotion of employees.
- Link remuneration and the promotion of employees to their conditions of merit and capacity.
- Establish and communicate clear criteria and rules which maintain a balance between the rights of the company and those of employees
in hiring processes and in the separation thereof, even in the case of a voluntary change in employee.
- Guarantee health and safety on the job, taking any such measures as are considered reasonable to maximize prevention of occupational
risk.
- Look to reconcile work at the company with the personal and family life of employees.
- Look to achieve the occupational integration of persons with incapacities or handicaps, eliminating barriers of all kinds in the ambit of
the company in order to achieve insertion.
- Facilitate the participation of employees in the social action programmes of the company.
E) In relation to the civil society:
- Respect human rights and democratic institutions, and promote them wherever possible.
- Maintain the principle of political neutrality, without interfering politically in those communities where they carry out their activities, also
as a demonstration of respect for the different opinions and sensitivities of people related to the company.

39
MCT DCIT 25 Professional Ethics for IT
- Maintain licit and respectful relationships with public authorities and institutions, not accepting or offering gifts or commissions in cash
or in kind.
- Make contributions to political parties or public institutions only in accordance with prevailing legislation and, in any case, guaranteeing
transparency.
- Collaborate with Public Entities and non-governmental entities and organizations dedicated to improving levels of social attention for
disadvantaged persons.

CODE OF INFORMATION TECHNOLOGY PROFESSIONAL


I will use my special knowledge and skills for the benefit of the public. I will serve employers and clients with integrity, subject to an
overriding responsibility to the public interest. And I will strive to enhance the competence and prestige profession. By these I mean:
I will promote public, knowledge, understanding, and appreciation of information technology;
I will consider the general welfare and public good in performance of my work;
I will advertise goods and professional services in a clear and truthful manner;
I will comply and strictly abide by the intellectual property laws, patent laws and other related laws in respect of information technology;
I will accept full responsibility for the work undertaken and will utilize my skills with competence and professionalism;
I will make truthful statements on my areas of competence as well as the capabilities and qualities of my product or services;
I will not disclose or use any confidential information obtained in the course of professional duties without the consent of the parties
concerned, except when required by law;
I will strive to attain the highest quality in both the products and services that I offer;
I will not knowingly participate in the development of information technology system that will promote the commission of fraud and other
unlawful acts;
I will uphold and improve the IT professional standards through continuing professional development in order to enhance the IT
profession.

40
MCT DCIT 25 Professional Ethics for IT

CHAPTER 9 – GOVERNMENT AGENCIES RESPONSIBLE IN THE IMPLEMENTATION OF THE PHILIPPINE I. T.


PROGRAMS

DEPARTMENT OF JUSTICE (DOJ) (Kagawaran ng Katarungan)

 It is the executive department of the Philippine government responsible for upholding the rule of law in the
Philippines.
 It is currently under the leadership of the Secretary of Justice Raul M. Gonzalez.
 Its mission is to establish and maintain a just and orderly society through effective, speedy and compassionate
administration of justice.
 founded on September 26, 1898 under the Philippine Revolutionary Government of Gen. Emilio Aguinaldo.
 When Manila was overrun by the Japanese invaders in 1942, the Department of Justice

Commission on Information and Communications Technology (Komisyon sa Teknolohiyang Pang-impormasyon at


Pangkomunikasyon)

It is the primary policy, planning, coordinating, implementing, regulating, and administrative entity of the executive branch
of the Philippine Government that will promote, develop, and regulate integrated and strategic information and communications
technology (ICT) systems and reliable and cost-efficient communication facilities and services. Created on January 12, 2004,
virtue of Executive Order No. 269, signed by President Gloria Macapagal-Arroyo. It is composed of ;

 National Computer Center (NCC)


 Telecommunications Office (TELOF)
 all other operating units of the Department of Transportation and Communications (DOTC)
 National Telecommunications Commission (NTC)
 the Philippine Postal Corporation (PhilPost)

*(ITECC), which was subsequently abolished through Executive Order No. 334 on July 20, 2004 took over the functions of the
Information Technology and Electronic Commerce Council .

NATIONAL BUREAU OF INVESTIGATION (NBI) (Pambansang Kawanihan ng Pagsisiyasat)

 It is an agency of the Philippine government under the Department of Justice, responsible for handling or solving sensational
cases that are in the interest of the nation.
 It is currently under the leadership of the Bureau Director Atty. Magtanggol B. Gatdula
 It is headed by a director and with an assistant director and six (6) deputy-directors for -- Special Investigation Services (SIS);
Regional Operations Services (ROS); Intelligence Services (IS); Technical Services (TS); Administrative Services (AS); and
Comptroller Services (CS).
 formerly known as the Domestic Intelligence Services; Domestic Intelligence Division; Intelligence Section

41
MCT DCIT 25 Professional Ethics for IT

42
MCT DCIT 25 Professional Ethics for IT

43