This project was completed as an assignment for the EPS 304 course Ethical and Policy Issues in Information Technologies as part of the CTER Masters degree program at the University of Illinois, Urbana/Champaign. Nicholas C. Burbules, Instructor
In this exciting age of rapid technological change, the
communication and computing developments that unfold each day in the classroom
can be awesome and sometimes even very confusing. With the increasing presence
of technology in our classrooms, professional computer ethics should be included
as a topic in any professional development workshop or at the beginning of any
given school year. The new role of teachers as 'computer professionals' can
present us with some very unique ethical choices. With that said, there is a
definite need to establish a set of guidelines, a code, that we must adhere to
and model for our students. Educators should be held responsible for the ethical
use of technology. To this end, we have developed this code of computer ethics
for educators.
Rationale:
The fundamental right to privacy of an individual was first publicly
argued and published back in 1890 when two lawyers from Harvard, by the name
of Louis D. Brandels and Samuel D. Warren, introduced their paper The
Harvard Law Review. In the review, the two lawyers argued that the right of
privacy formed the basis for tort liability. Since then, the right of privacy
became an acknowledged right both across our nation and in the
Supreme Court.
Privacy rights were again debated with the rise of electronic surveillance in the 1970's. Once again the courts, as well as society, supported the principle of an individual's right to privacy. In dealing with privacy in schools, many educators have chosen to incorporate it into their acceptable use policy (AUP) to inform their staff and students about their privacy rights related to the use of the school's computer network.
There are many reasons why educators feel so strongly about this ethical code and therefore choose to incorporate it into school and district AUPs. One reason is due to the amount of information that schools possess about their students that could leave their students vulnerable if the information was to fall into the hands of the wrong person. Another issue is the liability of the school district's own staff. Just like the corporate world, schools deal with information that should only be seen by certain personnel. Steps must be taken to insure that this type of information is only made accessible to those individuals. Computer hacking is another key issue. Hackers don't usually hack just for the fun of it, most have more devious motives. With the sensitive nature of school records and the advances in technology, the threat of computer hacking has become a concern. The privacy of students and faculty must be protected against this threat.
No matter what the argument may be, the right of privacy for students and staff is a right that should be guaranteed. It is a right that is not only supported by the highest court in the land, but also practiced in any civilized society in the world. The right of privacy should not be lost when you enter the realm of education.
Educators should not post information about students or colleagues without explicit permission.
As mentioned in the rationale for this section, individuals have a right to privacy. To maintain this right, educators should refrain from the online posting of any information gathered during their professional service without the consent of the individual, or with the student's case, the consent of the parents. The posting of such information without consent could have unforeseen negative consequences.
To help clarify the importance of this code, we offer one example in which the disclosure of information may inadvertently cause harm to a colleague:
A teacher decides to put together a web site for his department. Included in the site is a page that lists all the teachers in the department, their contact information, and a small paragraph about the teacher's private life: hobbies, interests, if he's married, has children, etc. The teacher creating the site has included this information to present the teachers in the department as "normal" people, trying to decrease the separation that occurs between student and teacher, or teacher and parent. However, a former student from the school who is upset about receiving a failing grade, accesses the site, sees that the teacher that failed him has children, and starts making phone calls to the teacher threatening his family's safety.
What seemed like a good way to increase the communication between the teachers and the community, has turned into a unwelcome source of information that could be used against the teacher. Since the teacher was not aware of the information on the web site and was careful not to disclose such personal information in his class, he could not be certain if these calls were a prank or if the individual making the calls was serious in his intent.
Suggestions for maintaining privacy:
Educators should not allow students access to cumulative records or private information.
A teacher should not allow students access to cumulative records or private information. Furthermore, a
teacher should take all necessary precautions to prevent students from tampering with student records. It is the responsibility of
educators to make the online records impenetrable by addressing the issue of security.
Kizza (p 52) breaks security into three elements: confidentiality, integrity, and availability. Confidentiality is the
idea that information is accessible only to those parties that ought to have such access. Integrity refers to the
prevention of tampering with records by a third party. Availability is the idea of making sure information is
available to authorized parties when they need to gain access. Educators must ensure that records are confidential
by not allowing unauthorized parties to peruse records online. The integrity of school records (grades, attendance,
discipline) must be maintained through the use of authentication methods such as user names, passwords, and
verification of IP address (Kizza, p 56). Finally, online records must be easily available to parties to whom such
availability has been promised.
Suggestions for Maintaining Security:
As a teacher, student records, cumulative folders, and student grades should be protected in your classroom and
online.
Make sure that all private records are password protected and that you give out your personal
password to no one.
Make sure that when accessing private records that no students are in the vicinity to see the
records.
When showing student grades, make sure that they are posted by private ID numbers.
When showing private information to students on your computer, make sure that no other student's
information is also showing.
When posting information on the internet, be certain that the information is stored on a secure server which employs encryption technology to decrease the possibility of interception of the private data.
Exceptions:
In most situations, it is best to maintain the privacy of the
individual. However, if an individual's actions are carefully determined
to be in direct violation of this code or compromises the safety of the school,
the information should be divulged to the appropriate individuals or agencies
for the purpose of improving the profession and/or preserving the safety of the
school and community.
Rationale:
Another controversial topic of the technology revolution is the right of
ownership. The right of ownership was recently brought to public attention in
the summer of 2000. In the case of A&M Records vs. Napster, a District Court
ruled that Napster, a MP3 downloading company, had "knowingly encouraged
and assisted users in copyright infringement by allowing Internet users to
search for, and download, copyrighted music files". Naspter on the other
hand, argued that they had not broken any copyright laws due to the fact that
their so-called music sharing was protected by the "fair use"
doctrine. The courts replied to Naspter's claim by pointing out that the
file-sharing activities of Napster users were "commercial" in nature
because their repeated use of the service offered potential harm to the market
for copyrighted music by causing record companies to lose CD sales they would
otherwise make. This case set precedence for ownership issues dealing with
technology.
Many schools' AUPs have clauses written in them that prohibit the use of software without the consent of the copywriter. This is not just included with technology but also with books and videos. Copyright laws were established to protect the rights of the authors/seller of the material. Educators need to inform students and colleagues of the difference between sharing material and stealing material that is copyrighted.
Educators should not post material authored or created by another without his/her permission.
Copyrighted works on the net covers a wideband of material that includes news stories, software, novels, screenplays, graphics, pictures, Usenet messages and email. The reality is that some form of copyright law protects almost everything on the Internet.
An individual's possessions must never be taken without his/her consent. When one posts material that is not rightfully authored or created by him/her, he or she is plagiarizing. Computer ethics must model what we believe and live by in other aspects of our lives. As Lee states in "The Need for Ethics in Education in Computer Curriculum," teenagers witness behavior in which if we don't get caught, it is acceptable. Educators must always cite or get permission to post anything that is created by another. If we want students to always give credit, then so must educators.
The copyright law states that with permission we may use other's work. It is
not difficult to contact the author to get this permission. The Internet allows
individuals to more freely communicate with authors. Most authors include their
e-mail address on their web pages. If the educator views the author's work
significant enough to use, the educator should take the time to obtain the
necessary permission to use that information. As with any form of copyright, it
is the individual responsibility of each user to determine that his/her use of
copyrighted materials, including computer software, is in accord with this code.
Suggestions for upholding copyright laws:
Exceptions: Section 107. Limitations on exclusive rights: Fair Use.
There are a few exception to the copyright law found in Section 107. Limitations on exclusive rights: Fair Use. As stated in the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. A teacher should determine on their own whether the use made of a work in any particular case is a fair use meets the needs of the following factors-
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Rationale:
The New Webster's Dictionary defines share as "a portion or part
allotted." When sharing network resources each educator is allotted a
portion of the server that is available. However, server space is at a premium
when accommodating large numbers of people's resources. In order to accomplish a
fair share of resources for all, each individual must respect that code of
ethics. Limited resources in budgets do not allow for expansion of servers as
the need continues to grow.
All educators must respect the limited space given by only utilizing what is necessary to keep within the guidelines. This allows all the same privilege to be able to have space to store important files. The privilege will only be available if each person takes the responsibility for protecting this space for others. This is no different than protecting space for desks for all students. One would not set up an aquarium in the middle of the room if it detracted from space for each of his/her students to have a space to place a desk. As educators we must always be thinking about the welfare of the whole learning community.
The primary reason that educators incorporate this ethical code in their AUPs is to insure that the limited server space is equally accessible by all. The amount of information that the server must maintain is extremely large and important to its users. Another reason is to insure that the server will be available when needed. Server space is utilized for more than storing files of teachers. It is also the hardware that maintains the networked educational software, network systems, and record keeping databases.
Equal space on the district server should be guaranteed for all if it is granted for one. To make this possible, it is the responsibility of each individual that uses the networked server to conscientiously follow this ethical code. Refraining from storing excessive amounts of data, especially non-job related data would help achieve staying within the portion allotted on the server.
Educators should refrain from using network resources to store excessive amounts of data, especially non-job related data.
A district's server has very limited space in relationship to the amount of people accessing and utilizing the server. Each teacher should have personal, secure space to use on the server for items related to class work. Students also have access to a certain amount of server space in order to safely store projects while they are in the working process. As students finish these projects, their work must be saved on a disk and erased from the server in order to preserve the work and free up file space for other classes and projects.
Unfortunately, there is not enough room on the servers to store all documents created by students and teachers. We must conserve the space and limit our file space to works in progress. The rules that apply to students also apply to teachers' personal server space. When your projects are completed for your classes, please save the documents to a hard copy in order to clear the server and to preserve the work completed.
We must also realize that file space should not be used for non-educational purposes. Although it is acceptable to use the district computer for personal work outside of the school hours, the district file space is not at your disposal. Saving MP3 files, scanned items, or any type of personal documents on the server is not allowed. These items use a great amount of valuable, workable space. This, in turn, makes it unable for students or other teachers to use the server space for educational purposes.
Suggestions for maintaining network integrity:
Rationale:
An educator's first obligation is to the safety and well being of the
students in his/her care. We need to consider children's interests, needs and
abilities and utilize them to help each child fulfill his/her potential as an
effective member of society, and develop an environment which helps stimulate
the spirit of inquiry, acquisition of knowledge and understanding, and the
thoughtful formulation of worthy goals. This should enable students to develop
self-confidence; trust in themselves and others; and encourages development of
the whole self.
Educators should discuss with students ethical standards expected for a particular course and curriculum.
As a teacher, it is not only your responsibility to follow a detailed code of ethics, but you must also present your students with their code of ethics for the use of technology. This code should be presented to them by one individual at the beginning of the school year to ensure consistency. At this initial explanation of the student code, role playing activities and real life situations should be integrated into the presentation to give the students a better concept of how and why these codes should be applied.
Throughout the school year it is your responsibility to periodically readdress the code before every technology-based projects and activities. This is to ensure that the students are continually reminded of the principals of the code. This is also to ensure that transfer students and students that have missed the previous informational session will be informed of the code.
Educators should make all reasonable efforts to insure that students will not be exposed to any defamatory, abusive, obscene, profane, sexually oriented, threatening, racially offensive, harassing, or illegal material while using the Internet.
First, it is the responsibility of an educator to present accurate information to students. Teachers rely on the publisher to verify the facts presented in a textbook. There is no such verification process for online materials. Therefore it is the responsibility of the teacher to check the validity of information in online sources.
Second, it is the right of parents to decide if their children may be exposed to questionable materials. Just as a teacher ought not to show a video that contains inappropriate material, so must a teacher refrain from displaying any material from the Internet that contains obscene or offensive material. A fundamental belief in our society is the idea that parents have the right to determine the kind of material to which their children are exposed. Movies receive a rating and parents can decide whether or not to allow their child to see that movie. Television shows also have ratings and parents can use the V-chip or similar technology to block access to inappropriate programs. The challenge for teachers is to sift through the unrated material available online and make ethical decisions regarding the use of the material. As educators, we are told to consider whether or not a reasonable person would consider a particular book, song, or piece of artwork to be appropriate. This "reasonable person" principle ought to likewise be applied when considering the use of content from the Internet in the classroom.
Third, it is the right of students to learn in a safe environment. When threatening, racially offensive or harassing material is introduced into a classroom, a hostile environment is created and students' rights are violated. Students have the right to learn in a safe environment, free from insult, humiliation, oppression, and cruelty. A professor's use of off-color jokes in a lecture might entertain some students but at the same time might make some students feel harassed. Similarly, the use of a website that conveys a racist message is inappropriate. Students may feel oppressed or uncomfortable with the presentation of such a site. A teacher must monitor the materials brought into the classroom, either physically or virtually, in order to ensure a safe environment for all learner
Suggestions to limit student exposure to inappropriate material:
One means of enforcing a code of ethics is to employ an acceptable use policy for all users of the district's computers. Such a policy specifies the appropriate use of the computer network and the consequences that may be involved if an individual is found to be using the network inappropriately. We offer the following as an example of such a policy.
The policy:
Our School provides computers and Internet service for the use of students, teachers, staff, and administration. The computers provide access to local, national, and international sources of information.
All users must act in a responsible, ethical, and legal manner in accordance with the educational objectives and the Honor Code of the school. Computer use and access to the Internet is a privilege, not a right. This privilege entails responsibility.
All faculty is asked to read, discuss, and sign the Acceptable Use Policy, to indicate their full cooperation with our computer and Internet use policy.
Responsibilities:
Restrictions: The following are NOT permitted:
Consequences: Consequences for violating these rules will include, but not necessarily be limited to the suspension of all technology/computer privileges.
Disclaimer: School is not responsible for any loss of data due to faulty connections or equipment failure.
Professional ethics in the field of technology education is a topic that demands discussion and training. The ever-increasing role of technology in our society demands that educators address the ethical issues embedded in computing. Any educational institution that has invited technology into its classrooms has an obligation to train its faculty in the ethical use of computers. A school or district code of computer ethics, along with an Acceptable Use Policy, are integral components of such in-service training. It is the responsibility of the school to not only instruct teachers how to integrate the technology into the curriculum, but also how to do so in an ethical manner.
Educators are presented with unique ethical choices. We have been entrusted to make the right decisions for the education and care of young people. A code of computer ethics for educators can guide us toward honorable, professional behavior, as we continue to earn that trust.
The Association for Educational Communications & Technology
http://www.aect.org/
Bulion, Leslie. EXCEL-lent Middle School Math Lessons! Education World
http://www.education-world.com/a_tech/tech079.shtml
Centre for Computing and Social Responsiblity (CCSR)
http://www.ccsr.cse.dmu.ac.uk/
Foster, James C., Leeson, Susan M. "Constitutional Law". Upper Saddler River, New Jersey: Prentice Hall, 1998.
Hopkins, Gary. Training Teachers Who Are Terrorized by Technology! Education World. http://www.education-world.com/a_curr/curr176.shtml
Kizza, Joseph Migga. "Ethical and social issues in the information age". New York : Springer, 1998.
NEA Code of Ethics for the Education Profession
http://www.nea.org/aboutnea/code.html
NEA Focus on Technology
http://www.nea.org/cet/
Post, David. Napster Ruling: The Legal Issues. BBC News
http://news.bbc.co.uk/hi/english/business/newsid_1167000/1167483.stm
Starr, Linda. Teacher-Created Web Sites Link Home and School -- Virtually!
Education World.
http://www.education-world.com/a_tech/tech008.shtml
Volkman, Richard. Software Ownership and Natural Rights.
The Research Center on Computing and Software http://www.southernct.edu/organizations/rccs/resources/research/intellectual_property/volkman_nat-rights.html