The Handbook of Information and Computer Ethics

Question: Discuss about the maker of smartphone surveillance app fined, avoids jail time. Answer: Background Mr. Hammad Akbar owner of the company which developed Stealth Genie, an app developed and marketed as a way to catch cheating lovers and spouses, was fined by the US District Court of East Virginia. The app once installed on a phone could be used to secretly monitor all the activities of the owner of the phone including the calls made, photos, videos and other files on the phone and it could even switch on the microphone of the phone that enabled the listener to even listen to the normal and daily conversations and ambient sounds of the target. This app mostly used by abusive and paranoid spouses often led to instances of domestic violence and a breach to security and privacy of the people being snooped. However Mr. Hammad claims to be ignorant of the fact that the app developed by his company was illegal (Zapotosky, 2014). Application of Consequential Theory According to the consequential theory of ethics the morality of an action depends on the consequences of the result of that arises from it. Rather than the motive the end is the more important aspect in this theory. Thus as per this theory if the end result arising from any action if not god then that particular action is intrinsically bad (Vadastreanu, Maier, Maier, 2015). Privacy and security are the two basic rights for any person to live happily in this world. An app like stealth genie questions these basic rights of the individuals. The app might have been developed by Mr. Hammads organization to help parents keep a track on their children or for caregivers to keep a track on their elderly relatives or for spouses to monitor and help in each others daily activities. But this is a secret app as the name indicates and once installed on the phone, it functions without the knowledge of the target. When this app is being used for good and beneficial purposes it helps in preventing m any untoward incidents. But as the two sides of a coin, if this particular app is being misused by paranoid spouses or exes and business rivals the case is different. Based on the perceived effect of this app the experience of the target differs. Such an app in many countries can be used only by law enforcing agencies or only in some other limited cases. The owner of the firm that developed the app claims to be ignorant of the legal formalities associated with the app. But while developing such an app that could help others gain control into the private lives of any individuals, the developers should always be extremely conscious about the harms it can bring into the lives of these targets. The consequences of the action should always be kept in mind while devising such a system. The marketing strategy undertaken by the firm also raises serious ethical concerns (Van Staveren, 2007). It was promoted as an app to catch red-handed the cheating lovers and so the intention of the develop ers behind the creation of such an app raises questions. If the motive behind the development of the app was for helping parents, caregivers or spouses in undertaking their intended duties it was a very fine and wonderful piece of work. Thus analyzing on lines with consequential theory, this app was an unethical creation because the consequence that resulted from developing this app was breach of the basic rights of security and privacy of other individuals Application of Deontological Theory In deontological theory of ethics the morality of an action is based on the adherence to the rules and laws associated with it. As per this theory every individual has rights and it is wrong to violate these rights (Smith, Netchaeva, Soderberg, Okhuysen, 2015). Keeping this in view when we analyze the current situation, even though he claims to be ignorant of legality behind the developed app, as per the existent rules and laws the action was illegal. It breaches the right to privacy and security of the individuals who are been spied upon. If this app was used by a business rival, it could have resulted in loss of intellectual property. There are many regulations and laws related to internet and the app developers should in any case be aware of these. Being ignorant of the related legislations and regulations it can be taken as an offence as it is an obligation of the developer to know the related laws and regulations. The instances of domestic violence and loss of business that mig ht have occurred because of such an app being available in the wrong hands should be taken into consideration. Each and every person has the right to be secure and have a private and personal space (Himma Tavani, 2008). This particular app breaches this very basic privilege and at the same time it is against laws and rules of the nation where the issue has been taken up. Thus while making use of deontological theory of ethics which is rule based or duty based, the actions of Mr. Hammad is offensive because he is not aware of the related rules associated with the development of such an app and it is also violating the basic rights of the targets. Conclusion Life of any individual becomes extremely difficult when his/her basic rights and privileges are violated or ignored. It leads to insecurity and chaos. Right to security and privacy are such rights which are crucial for a happy and peaceful life. The app under scrutiny - stealth genie, violates these fundamental rights of the affected individuals, thus making life difficult for them. The punishment warranted to the developer of this app can be justified in this context. Even though he claims to be ignorant of the legal implications, it was his duty or obligation to know the same. More stringent lawswith a wider ambit should be made in this regard. There are many instances in worldwide where breach of privacy is taken as a serious offence and dealt with strictly (a women deported from UAE for checking husbands phone, Keiser hospital fined $250,000 for privacy breach in Octuplet case, An employee of the Tampa, Florida, health department took a computer disk containing the names of 4,000 people who had tested positive for HIV, the virus that causes AIDS (USA Today, October 10, 1996) so on). Companies and program developers should always remember the legal consequences of their actions and the individuals should be aware of the rights and instances of the violation of the same to ensure a safe and smooth life for all. Awareness campaigns should be conducted for empowering both sections of affected parties. References Himma, K. Tavani, H. (2008).The handbook of information and computer ethics. Hoboken, N.J.: Wiley. Smith, I., Netchaeva, E., Soderberg, A., Okhuysen, G. (2015). The Behavioral Ethics of Deontology and Utilitarianism: Are They as Separable as They Seem?.Academy Of Management Proceedings,2015(1), 14876-14876. https://dx.doi.org/10.5465/ambpp.2015.125 Vadastreanu, A., Maier, D., Maier, A. (2015). Is the Success Possible in Compliance with Ethics and Deontology in Business?.Procedia Economics And Finance,26, 1068-1073. https://dx.doi.org/10.1016/s2212-5671(15)00931-4 Van Staveren, I. (2007). Beyond Utilitarianism and Deontology: Ethics in Economics.Review Of Political Economy,19(1), 21-35. https://dx.doi.org/10.1080/09538250601080776 Zapotosky, M. (2014).StealthGenie maker fined for 'stalker' app.The Sydney Morning Herald. Retrieved 20 May 2016, from https://www.smh.com.au/digital-life/smartphone-apps/maker-of-smartphone-surveillance-app-fined-avoids-jail-time-20141126-11upqs.html