Legal & Ethical Issues in Technology

Reviewed by: Melissa McCall, J.D., M.S. · December 27, 2018 · By: Marysia Walcerz

•••
The rapid rise of technology has raised a host of legal and ethical issues that are
unique to the 21st century. From personal privacy online, to the appropriate uses of
new technology, to copyright and intellectual property on the Internet, the legal and
ethical issues in technology are multifaceted and complex. Because of the ever-
evolving nature of technology, new ethical and legal considerations are constantly
arising to challenge ethicists and legal professionals alike.

Appropriate Use
One of the biggest ethical concerns, which often also
becomes a legal issue, is the appropriate use of
technology. As technology advances in its capabilities,
age-old ethical questions are raised and brought into the
realm of public discussion. The advancement of stem cell
research, for example, brought with it a host of ethical and legal implications for
scientists and politicians supporting it.

Earlier developments in cloning technology raised similar debates regarding the

definition of "human" and the ethical obligations of the biological sciences. In the
realm of non-scientific technology, the development of technology for military use
has raised questions about the responsibilities inherent in creating technology that
can help encourage or exacerbate war and genocide.

Privacy
Privacy is a particularly hot-button issue in technology,
considering the pervasive nature of the Internet in
people's daily lives. Many websites collect user data,
from usernames and passwords to personal information
such as addresses and phone numbers, without the
explicit permission of users. Selling this information is widely considered unethical,
but is often in a legal grey area because the user provides the data in the first place.

Similarly, the use of Internet monitoring technology in the school and workplace has
raised questions about where to draw the line between personal Internet use and
public resource use. On a larger scale, the use of technology by some governments
to infringe on the privacy rights of their citizens is a troubling legal and ethical issue
being dealt with in the legal systems of many countries.

Copyright
Copyright and intellectual property rights are also major
issues that have taken the public spotlight with the
advent of technology. The development of the Internet as
a publishing medium created a forum where copyright
infringement became extremely easy and almost
unavoidable for many creators. Software piracy and the battle of copyright holders
to exert control over their intellectual property is a fight that is played out on a daily
basis online and in the courts.
Related Articles

The Differences Between Criminology & Forensic Science

REFERENCES WRITER BIO

Did you find this page helpful? 👍 👎

The Differences Between

Criminology & Forensic Science
By: Shane Hall
 •••
Although forensic science and criminology both approach issues of crime and
criminal behavior from a scientific standpoint, the two disciplines are quite different.
Criminology and forensic science represent differing sciences and different
functions. They differ further in scope and application. Forensic science provides
methods for solving crime, while criminology develops theories for explaining crime
as a social phenomenon.

Different Sciences
Forensic science applies the tools and methods of the natural sciences, especially
biology and chemistry, to issues of a legal nature. Forensic scientists collect and
analyze physical evidence, such as blood and other bodily fluids, shell casings, hair
and fibers, to help solve crimes. They collect evidence at crime scenes and analyze
the materials in laboratories. Forensic science is thus an applied natural science.
Criminology, in contrast, is a specialized social science that evolved from sociology.
Criminology uses sociological theories and methods to study criminal behavior and
how societies respond to crime. As a social science, criminology often lacks the
precision and methodological rigor of the natural sciences.

Investigation vs. Explanation

As an applied science, forensic science serves as an investigatory tool. Crime
scene technicians and other forensic specialists apply scientific methods to solve
specific crimes. Criminologists focus on crime as a phenomenon rather than on
specific cases of criminal behavior, seeking to explain crime itself. For the
criminologist, specific crimes represent data by which they develop theoretical
frameworks to explain criminal behavior. The forensic scientist wants to solve
specific crimes by using scientific techniques, rather than developing broad theories
about crime.

Read More: Different Forensic Investigation Methods

Criminal and Civil Applications

Although most people associate forensic science with criminal investigations--
thanks in part, no doubt, to popular television dramas such as “CSI”--forensic
science applies to civil law as well as criminal matters. In addition to helping police
solve crimes, forensic experts can use such techniques as handwriting analysis and
document study to assist in civil matters regarding, for example, the age and
authenticity of disputed documents, such as contracts and wills. Forensic science
applies scientific techniques and knowledge to legal matters--civil and criminal.
Criminology focuses solely on crime and criminal justice issues, not on civil law.

REFERENCES RESOURCES WRITER BIO

Implications of Copyright Law

By: David Carnes, J.D.
A•••copyright grants its holder a legal monopoly on the use and commercial
exploitation of an original work of authorship. Copyright law is authorized by Article
1, Section 8 of the U.S. Constitution. Copyrighted material can include such diverse
works as musical compositions and software algorithms. The protection of
copyrights has a profound effect on the economy.

Financial Incentive
Copyright's legal monopoly results in a financial incentive for an author to produce
original works. He can earn income in two ways: by licensing the use of his work in
exchange for royalties, or by selling his copyright to someone else. Novelists, for
example, typically sell their copyrights to publishing companies. Because copyright
law allows authors to profit from their work, some are able to devote themselves full-
time to creative pursuits. This benefits society as a whole by increasing the number
of available creative works.

Fair Use
Copyright's legal monopoly generates a great number of creative works, but places
restrictions on their use. The owner of a music CD, for example, is not permitted to
burn copies and distribute them to friends, even free of charge. This prohibition
more or less restricts the legal use of copyrighted material to those who can afford
to pay royalties (typically included in the retail purchase price of a copyrighted
work). To mitigate the harshness of this legal monopoly, copyright law allows
anyone to use a small piece of a copyrighted work for a socially beneficial purpose
such as education. This is known as the "fair use" exception to copyright law.

The Public Domain

Copyright law must balance two competing concerns: it must encourage authors by
allowing them to profit from their work, and it must encourage the free flow of ideas.
In addition to the fair use exception, copyright law encourages the free flow of ideas
by placing expiration dates on copyrights. Although the system is complex, a work
created today by an individual author (as opposed to a corporation) will expire 70
years after the author's death, no matter who owns the copyright at that time. After
that, the work will enter the public domain. Copyright expiration is why many classic
works, such as Victorian era novels, may be freely used by anyone without concern
as to whether or not the use is "fair."

Advances in Technology
Advances in technology have challenged the enforcement of copyright laws. Peer-
to-peer file sharing, for example, is so widespread that it is virtually impossible to
effectively police. The Digital Millennium Copyright Act of 1998 addresses some of
these problems. It criminalizes the development and distribution of technology
designed to circumvent technological copyright protection measures, such as copy
protection for CDs. It also provides a means for interactive websites such as
YouTube to avoid liability for infringing material uploaded by users.
REFERENCES WRITER BIO

BUSINESS EMPLOYMENT
Trademarks Injury
DBAs Employee rights
LLCs OSHA Regulations
Partnership Labor Hours

Patents FMLA
S-Corp
Nonprofit
Copyrights
Bankruptcy
Sole Proprietorship

Limited Partnership
Compare Businesses

PERSONAL & FAMILY TAX, LICENSES & PERMITS

Abortion 1099
Adoption 1040
Adultery EIN

Alimony Business Licenses

Annulment
Bankruptcy
Child Custody & Support
Guardianship

Incarceration
Civil and Misdemeanors
Legal Separation
Mailbox
Real Estate Law
Retirement

DUI & DWI

Motor Law
Recreation

WILLS & TRUSTS

Estate
Power of Attorney

Last Will & Testament

Living Trust
Living Will

About Us

Accessibility

Terms of Use Copyright 2022 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved.

Privacy Policy

Copyright Policy

Contact Us

Careers

Manage Preferences