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FACULTY OF SCIENCE
ACADEMY OF COMPUTER SCIENCE AND SOFTWARE ENGINEERING
MODULE IT28X47 & IT ETHICAL AND LEGAL ASPECTS OF IT
CAMPUS APK
EXAMINATION MAY 2018
DATE 2018-05-24 TIME 08:30–10:
ASSESSOR WS LEUNG
EXTERNAL MODERATOR PROF L FUTCHER
NELSON MANDELA UNIVERSITY
DURATION 2 Hours MARKS 100
INSTRUCTIONS
Length of this question paper (including this cover page): 4 (four) pages. ALL questions are compulsory. Marks will not be allocated to Yes/No answers that are not accompanied by a motivation. Mark each answer correctly and answer entire questions contiguously (in ONE block) – if this is not possible, clearly indicate that your answer continues later. Write clearly and legibly – marks will not be awarded if the lecturer is unable to make sense of what has been written. Write only using a black or blue pen – work in pencil will not be marked. Do NOT write any answers on this question paper. The use of calculators is not permitted. Make use of the mark allocation as a guideline for how much content must be written. The recommended minimum is 1 fact for each mark.
DO NOT TURN OVER THIS QUESTION PAPER UNTIL
YOU HAVE BEEN GIVEN INSTRUCTION TO COMMENCE
Question 1: Essay (Ethical and Legal) [40]
In March 2018, several media houses broke the news that Facebook had, through their lack of oversight, allowed the personal data of some 50 million users to wind up in the hands of several organisations that included Cambridge Analytica (CA), a British consulting firm accused of using the data to manipulate voters in both the U.S. Presidential and Brexit elections.
Facebook is quick to deny that they allowed the personal information to be leaked. Instead, they accuse Aleksandr Kogan, an academic of Cambridge University, of lying to and violating Facebook’s data policies that he had been bound by in his data collection. In 2014, Kogan had a personality quiz app developed that offered to pay participants in exchange for agreeing to having their data collected. While some 270,000 users took up this offer, Kogan ended up gathering the data of as many as 50 million Facebook users by taking advantage of Facebook’s social graph feature (now removed) which gave developers access to personal information (such as interests and likes) through the 270,000 users’ networks of friends.
Facebook claims that they have measures in place that warn them when an excessive amount of data is requested by such developer apps. When Kogan’s personality app triggered alarms, Kogan’s explanation to Facebook’s enquiries had been that he was gathering the information for academic purposes. Facebook therefore saw no issue and permitted Kogan, who had previously published academic papers with a number of the company’s staff, to proceed.
Numerous sources however accuse Facebook of doing very little actual policing of activity such as Kogan’s. Developers are merely asked to sign minimal agreements while incidences of misuse were only investigated after they had been reported on. One former Facebook employee even suggested that “the main enforcement mechanism was call [developers] and yell at them.”
Does Facebook hold both ethical and legal obligations when it comes to safeguarding their data, even when this data s collected by third parties? Answer this question in the form of an essay. Present your answer in a structured, logical discussion that takes the following considerations into account:
a) Does Facebook have a duty to ensure that parties continue to use data they have consent to collect in a responsible fashion? Your ethical discussion should cover the following themes:
- The two types of responsibility. How do they relate to Facebook in the case study?
- It could be argued that Facebook enjoys limited responsibility according to one of Kant’s Categorical Imperatives. Briefly discuss this Categorical Imperative and relate to the study.
b) Jurisdiction is arguably one of the weaknesses of enforcing legislation in the Internet era. Would Facebook have a case to answer to in South Africa? Your legal discussion should cover the following themes:
- Discuss the international and South African views when it comes to the legal consideration of personal information. Make reference to legal positions (and what they say).
- Is existing legislation in South Africa applicable to the case? Motivate your answer.
A final four (4) marks are allocated for the following:
- Answering this question as an actual essay (not bullet points, numbered sections, etc.);
- Having an introduction and conclusion;
- Answering the essay’s overall question; and
- Structuring your essay in a logical fashion.
Question 3: Legal Aspects [30]
Ethical matters should NOT be considered in your answers in this section.
a) Name and briefly describe the two ways in which the Internet can be regulated. (4)
b) Briefly discuss why law is uncertain, citing examples. (6)
c) In 2007, Mafika Sihlali, a qualified attorney and head of the Legal Department found himself under internal investigation at the SABC where he was employed. In response, he sent an SMS to the organisation’s chief executive in August, indicating that he “quit with immediate effect”. He then changed his mind, withdrawing his resignation via email in October. The SABC refused to allow him to come back to work, saying that he had resigned. Sihlali challenged this decision, arguing that an SMS was not valid as a “notice in writing”.
- Do you agree with Sihlali? Motivate your answer by referring to relevant sections of the ECT Act, as well as relevant requirements of contracts.
d) Since purchasing Sun Microsystems (the creators of Java) in 2010, Oracle has attempted to sue Google (a company which some would say, is one of Oracle’s rivals in the same space) for copyright infringement, claiming that Google had used key parts of copyrighted Java technology in the development of their Android operating system without paying royalties. The case is considered to be a test of the rights of programmers who develop APIs, and those who rely on them to develop their own software applications.
- Which party (Oracle or Google) do you believe has a greater chance of winning the legal challenge when considering the following arguments? (2)
- Motivate your answer by drawing on relevant copyright theory: i) Sun Microsystems’ original pledge was to make Java more widely available. Oracle’s move goes against the intentions of its creators. (4) ii) By making use of the APIs, Google has effectively made use of copyrighted content verbatim, an act that hardly constitutes as “fair use”. (4)
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