Material on the midterm exam, Tuesday, March 5.
This midterm is a no excuses event. If there is a problem with your section time, you may come to a
different class that same day. Please bring a #2 pencil.
CS 340 class times and locations:
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Section 1, 9:30 a.m., room 222 Lloyd
Section 2, 11:00 a.m., room 120 Lloyd
Section 3, 2:00 p.m., room 335 Lloyd
Section 4, 3:30 p.m., room 335 Lloyd
*An outline of material covered since the Double Quiz is located towards the end of this .docx or .pdf
1. ETHICS
a. Know what is valued/important to each of these philosophies:
i. Religious ethics
ii. Divine command
iii. Cultural relativism
iv. Virtue theory
v. Deontology
1. Kant’s universalism
2. Ross’ prima facie approach
vi. Consequentalism/utilitarianism
1. Act utilitarianism
2. Rule utilitarianism
vii. Contractarianism
viii. Justice theory
ix. Caring theory.
b. Also, know which ethicist (Kant, Mill, Locke, Hobbes, Betham, Ross, Aristole, Noddings, etc.)
goes with which theory. You may be asked a named ethicist would analyze a scenario.
c. Terms/concepts:
i. morality
ii. no harm, no foul
iii. ethics
iv. tolerance
v. righteous indignation
vi. universalism
vii. categorical imperatives
viii. the general good
ix. How is egoism different than teleological ethics?
x. Choice to live in society, social contract: what does it give you, what do you have to
do in exchange
xi. Hobbes on need for government
xii. social contract
xiii. prisoner’s dilemma / golden balls
xiv. negative and positive rights
xv. veil of ignorance
xvi. 4 normative guiding principles
1. Autonomy
2. Non-maleficence
3. Beneficence
4. Justice
2. IMPLICATIONS OF TECH
a. Early networking and communications technology
b. Is technology presenting new problems or are these old problems in a new context.
i. Depew and the land line phone in 1897
c. Comparing and contrasting new and old problems
i. Cyber-bullying/bullying
ii. Stalking/cyberstalking
iii. Oversharing with a few/ oversharing on your social network
iv. Geotagging & location based services and the concerns
v. Distracted driving: texting and the impact of choices, Parenthood clip
d. Examining the Amish and their choices on technology
i. Gelassenheit
ii. Ordnung
iii. Other ideals (humility, modesty, patience, conformity to community activity and
goals)
iv. How do the Amish choose technology, what question do they examine?
1. Examples
a. Traffic triangles
b. Gas grill
e. Class discussions:
i. Virtual two-timing, Catfish, Manti Te’o
ii. Internet and health issues:
1. Facebook and envy
2. Digital image manipulation
3. Maintaining online personas and the real self
4. Sociopathic behavior on the Internet
a. Cyberbullies
b. Trolls
c. Griefers
d. Antisocial traits
5. Internet addictions
a. Understanding compulsions and addictions
6. Graph math and social networks
a. Terms & concepts
i. Nodes/vertices
ii. Edges
b. 6 degrees of separation in 1967
c. What is it now?
7. Homophily
8. Expert fear of Wikipedia
a. Souces:
i. Primary
ii. Secondary
iii. Tertiary
3. FIRST AMENDMENT
a. Breaking down the clauses (establishment, exercise, free speech and press, right to
assemble, right to petition government on grievances.)
b. Are these guarantees absolute?
c. General rule: speech regulation must be content neutral
i. Police Dept. of Chicago v. Mosley
d. Unprotected speech form – OBSCENITY:
i. Miller v. California’s 3 part test for obscenity
ii. The challenge of applying Miller to online content.
e. Regulation in broadcasts
i. FCC v. Pacifica, the Carlin 7 dirty words broadcast
1. Establishes the precedent that time, place and manner of indecent
broadcasts can be regulated
ii. FCC v. Fox, 2nd Supreme Court Case
1. Issues relate to the FCC regulations of nudity and fleeting expletives
2. 2nd Circuit ruled regulations unconstitutional for vagueness leading to
inconsistent application.
3. Ruling at Supreme Court:
f.
Obscenity and Indecency regulations and rulings:
i. NY v. Ferber
ii. Ginsberg v. NY
iii. Unsuccessful attempts to regulation of porn on the Internet to protect minors
1. Reno v. ACLU (Facts:
)
a. Unconstitutional for vagueness (indecent ≠ obscenity)
2. Ashcroft v. ACLU (Facts:
)
a. Unconstitutional not passing strict scrutiny
3. Ashcroft v. Free Speech Coalition (Facts:
a. Unconstitutionally overbroad and chilling.
)
iv. Constitutional regulation of porn on Net for minors
1. US. V. American Library Association (Multnomah case)
a. CIPA provided funding for library computers and Internet access but
required those libraries to use filters
i. Challenged by libraries as being an unconstitutional prior
restraint that does not meet strict scrutiny
1. What is a prior restraint?
2. What is strict scrutiny?
ii. US S. Ct. found law constitutional under Rust using rational
review
1. (lower burden, only that the measure is reasonable
way; strict scrutiny is a tougher standard)
2. What is the Rust standard?
4. UNPROTECTED SPEECH FORM: DEFAMATION
a. 3 Required elements
i. Additional element for public figures
b. Forms
i. Slander
ii. Libel
c. Four per se categories
i. What does per se change?
d. Defenses & exceptions
i. Opinion
ii. Is it a fact that can be verified?
1. Merely offensive Vogel v. Felice
iii. Hyperbole as seen in Hustler v. Falwell
iv. Libel-proof
e. Online defamation, examples
5. UNPROTECTED SPEECH: SPEECH THAT INCITES
a. Defining true threats and fighting words
b. Legal standard of unprotect inciteful speech
i. Old
ii. New
c. Case study examples
d. When does hate speech fall outside the First Amendment (i.e. not protected)?
6. Miscellaneous issues in Free speech
a. In schools
i. Tinker standard
b. In workplace
i. First amendment & governmental employees
ii. First amendment in the private sector
c. Anonymous speech
i. The right to anonymous speech. McIntyre
ii. When do actions fall outside this right? Melvin v. Doe & Liskula Cohen
d. First Amendment challenges against ISPs?
i. Not available. Why?
e. Free speech & video games
i. American Amusement Machine v. Kendrick
ii. Brown v. Entertainment Merchants
1. Is violence part of obscenity?
a. Distinguishing Ginsberg
b. US v. Stevens new categories of speech for gov’t regulation are not
created via balancing tests
2. Does the regulation of violent video games meet strict scrutiny?
7. Commercial speech
a. When can gov’t regulate commercial speech? The Central Hudson Standard
b. Spam
i. Approximately how much of email sent is spam?
ii.
iii.
iv.
v.
vi.
Why is there so much spam?
History of the coining of the term spam.
Case: Cyber-promotions v. AOL
The challenge of state regulation of spam
CAN SPAM Act of 2003;
1. categories of recipients
2.
Required message elements for each category of recipient
NEW MATERIAL:
8. Wikileaks & Julian Assange
a. What is wikileaks?
b. Who is Julian Assange?
c. Why is wikileaks controversial?
i. Journalism and the First Amendment
ii. Editorial nature of the wikileaks posts
d. What controversy surrounds the video Collateral Murder?
e. Who is Bradley Manning? Where is he now?
f. Where is Julian Assange now? Why? What is his next move?
9. Privacy
a. defining a “right”
b. Warren and Brandeis on privacy
c. Dictionary definitions
d. Constitutional support for the right of privacy
i. Amendments: 1st, 9th, 3rd, 4th, 5th, 14th
1. meaning and background
ii. Cases:
1. Katz
2. Kyllo
3. Griswold
4. Caballes
5. Jones
e. Workplace privacy
i. The modern workplace as a panopticon
1. Background
2. Bentham’s views
a. Self-monitoring
b. Society monitoring
ii. What reasons do employers give for monitoring employees?
iii. Familiarity with methods of monitoring
iv. Employers’ right to access email of employees
1. Important case: City of Ontario v. Quon
2. Misc. cases and examples
a. Bourke v. Nissan
b. US v. Hamilton
c. NASA v. Nelson
d. Julie at Newport Electronics
v. how employers can monitor employees examples (fact sheet 7 situations)