Module 2 - Ethics and the Law

SAQ 2

1. What relevance, if any does the study of the concept of law, in general, have in computing and your study of computer ethics?



Law, as defined, is a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. It directly tells human how to act under certain circumstances and lay down remedies or punishments for individuals who violate the law. Thus, basic knowledge of law is essential in computing for it will help computing professionals and users use computer in accordance with the law causing no harm to human society. It is likewise important in our study of computer ethics for us to be aware of what law exists, how it is carried out and whether it is in conformance with the precepts and norms adopted and applied to regulate and control the use of computer.



2. List down two laws governing computer use and explain what types of non-jural law seem to underpin these two laws.

REPUBLIC ACT NO. 8792 June 14, 2000. AN ACT PROVIDING AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER PURPOSE. This Act shall is known as "Electronic Commerce Act".


This Act is based both on Natural and Moral Law. “Unauthorized access (hacking or crackling) or any access in order to corrupt, alter, steal or destroy; introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents; and piracy or the unauthorized copying, reproduction, dissemination, or distribution, use of protected material, electronic signature or copyrighted works” are human actions that violates righteousness, justice, equity, and fairness. These act do not conform to the natural and moral norms and thus is considered unethical.

Republic Act No. 8293. AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES. This Act shall be known as the "Intellectual Property Code of the Philippines."


The Intellectual Property Code of the Philippines is guided by the principles of natural law and moral law. Part IV (The Law on Copyright) of this Act prohibits "Copying of software for the purpose of selling, letting for hire, or by way of trade offering of exposing for sale, or hire, the article;...". These act is unjust and unfair to the author; it violates both the natural and moral law.

3. Melinda bought licensed computer software from Cyberzone. Because of the high price she paid for the purchase of the software, Melinda thought of reproducing copies of it to be soldto friends and acquaintances. Melinda knew she would be violating the law. Nevertheless, she executed her plan and sold pirated software. Comment on this situation with each of the four types of law in mind. That is, to what extent does each of the four types of law apply in this case?



Divine Law:
Reproducing and selling of licensed computer software is a form of stealing. Melinda violated one of the doctrines not only of the Christians but also of other religions - “Thou shall not steal.”

Natural Law:
Piracy or unauthorized copying and distribution of licensed software are prohibited by anti-piracy law. Melinda’s action is against the precepts of natural law which is righteousness, justice, equity, and fairness.

Moral Law:
Disrespect of the right of owners of intellectual property is against the moral norm, thus Melinda’s act is immoral