The boom of Management Information Systems (MIS) has resulted in major social, financial, and economic advancements in the twenty-first century. But like any major milestone in the advancement of the human race, the development of MIS has come with issues of moral and ethical dilemmas. Both business and private uses of MIS have the potential to cause financial, economic, and in extreme cases physical and mental harm to parties that use these modernized services. In 2013, the Internet Crime Complaint Center (IC3) – a division for the Federal Bureau of Investigation (FBI), - “received 262,813 consumer complaints with an adjusted dollar loss of $781,841,611” (IC3.gov, 2014). Grave statistics such as this have led governing bodies on the federal,
…show more content…
The internet is widely used as a distribution channel for proprietors to market their goods. Through the same avenue, individuals are also able to “share” digitalized products with each other. Unfortunately the owners or creators of these digitalized works stand to suffer financial detriment if an individual can share the products with others either freely or for profit. Before the passing of NET, the Copyright Act of 1976 was enacted to pose civil action against individuals who were illegally distributing the copyrighted work of another, but no criminal charges were allowable. NET resulted from a test case brought by the Department of Justice before the federal court in the District of Massachusetts - United States vs. LaMacchia. “The indictment sought criminal penalties under the general conspiracy and wire fraud statutes for the alleged conduct of the defendant, David LaMacchia” (Grosso, 2000, P. 23). Although the case was initially struck down, the government responded by enacting the NET act. The act has been inherently scrutinized by some who believe that private entities in the world of software and digital media creation influenced the decision to instate a criminally punishable act. According to Andrew Grosso, an attorney in Washington D.C. who serves as Chair of the ACM Committee on Law and Computer Technology, “it appears the …show more content…
This act was originally passed to protect citizens’ right to privacy in oral and telephone communications. A secondary foundation or ECPA was the Foreign Intelligence Surveillance Act of 1978 (FISA). ECPA governs the procedures under which law enforcement and government agencies must follow in order to intercept individuals’ private communication for uses in a criminal investigation. The law mandates that requirement of a subpoena or warrant by the law enforcement agency. ECPA does however allow for the electronic communication to be intercepted if one of the parties is consensual or if the communication takes place in a workplace setting during the course of a business transaction. With the internet and information systems in general being at a young age during the inception of ECPA, several amendments have had to be made. The increased use “smartphones and cloud computing introduced new problems as personal electronic communications and documents were increasingly stored in remote servers, rather than on home computers, which are fully protected by the Fourth Amendment provisions regarding search and seizure” (Codington-Lacerte, 2013 p. 2). ECPA continues to face the challenges of protecting the rights of individuals and the need to obtain information in the name of national and public
The internet is widely used as a distribution channel for proprietors to market their goods. Through the same avenue, individuals are also able to “share” digitalized products with each other. Unfortunately the owners or creators of these digitalized works stand to suffer financial detriment if an individual can share the products with others either freely or for profit. Before the passing of NET, the Copyright Act of 1976 was enacted to pose civil action against individuals who were illegally distributing the copyrighted work of another, but no criminal charges were allowable. NET resulted from a test case brought by the Department of Justice before the federal court in the District of Massachusetts - United States vs. LaMacchia. “The indictment sought criminal penalties under the general conspiracy and wire fraud statutes for the alleged conduct of the defendant, David LaMacchia” (Grosso, 2000, P. 23). Although the case was initially struck down, the government responded by enacting the NET act. The act has been inherently scrutinized by some who believe that private entities in the world of software and digital media creation influenced the decision to instate a criminally punishable act. According to Andrew Grosso, an attorney in Washington D.C. who serves as Chair of the ACM Committee on Law and Computer Technology, “it appears the …show more content…
This act was originally passed to protect citizens’ right to privacy in oral and telephone communications. A secondary foundation or ECPA was the Foreign Intelligence Surveillance Act of 1978 (FISA). ECPA governs the procedures under which law enforcement and government agencies must follow in order to intercept individuals’ private communication for uses in a criminal investigation. The law mandates that requirement of a subpoena or warrant by the law enforcement agency. ECPA does however allow for the electronic communication to be intercepted if one of the parties is consensual or if the communication takes place in a workplace setting during the course of a business transaction. With the internet and information systems in general being at a young age during the inception of ECPA, several amendments have had to be made. The increased use “smartphones and cloud computing introduced new problems as personal electronic communications and documents were increasingly stored in remote servers, rather than on home computers, which are fully protected by the Fourth Amendment provisions regarding search and seizure” (Codington-Lacerte, 2013 p. 2). ECPA continues to face the challenges of protecting the rights of individuals and the need to obtain information in the name of national and public