Developing Software That Promotes Gambling - Case Study Example

Student No Student Name Tutor Name Tutorial Number Report Title Date Table of Contents 1.0 EXECUTIVE SUMMARY 3 1.1A Brief Overview of the Case Study Presented 4 2.0 Who are the Stakeholders? 5 2.1 Programming Companies 5 2.2 Consumers 6 2.3 The State 6 2.4 What are the areas of conflict from the view point? 7 3.0 International Codes of Ethics 8 3.1The Australian Computer Society (ACS) 9 3.2 The Association for Computing Machinery (ACM) 9 3.3 The British Computer Society (BSC) 10 3.4 What are the Major differences between the codes? 10 4.0 Ethical Frameworks 11 4.1 The Ethical Standpoint Created 11 4.2 The Ethical Standpoint for each stakeholder 12 5.0 What are my Individual Opinions? 14 5.1Conflicting Issues 14 5.2 What are the ethical concerns that might arise in the use of software worldwide? 15 6.0 Conclusion 16 LIST OF REFERENCES 16 1.0 EXECUTIVE SUMMARY Gambling is considered to be illegal and a crime in the US and any person who commits this grievous offence ought to be punished. Companies mainly Casinos continue to solicit and purchase commercial software from people like Bob Stuart to broaden their market base and competitiveness in the internet. It can be said that even though his actions are good, but the use continues to illicit misuse and abuse from other users through illegal activities. An area of conflict arises on who is to be blamed for illegal use, the creator or the user of the software and whether it is legal to breach other people’s freedoms of privacy and confidentiality to attain justice. The paper focuses on the issues what issues are to be considered by the stakeholders and the major conflicting areas that affect the online gambling regime. The issues of professional conduct and ethics would arise on whether it is binding on an individual under the law or is it discretionary. Ethical framework and individual standpoint about issues of on-line gambling and its impact on the US and the world at large will also be analyzed. Stakeholders have rights attached to the use of a particular product and which needs to be protected by all. The paper will also link the various theories such as consequentialism, relativism, and justice ethics to the issues of conduct and ethics amongst the developers and the other stakeholders. A consideration of whether there needs to be a consolidation of various regulations and codes of ethics from other states such as the ACM, ACS, BSC within the US framework of regulating on-line gambling in other states (Anderson et al., 1993). Jurisdiction is also an issue to be considered; since the main question is whether US can prosecute software or IT developers for action undertaken outside the territory of licensing. 1.1 A Brief Overview of the Case Study Presented The case presents a unique and a real life situation, in which a company (Write Gambling Software) is threatened with imprisonment on the basis of developing software that promotes gambling, where the gamblers select and display the sporting events that they want to bet on as well as storing bets. An n issue being raised is whether any company is entitled to create gambling sites that promote activities that are illegal within the reading of the letters of the law. It is alleged that if prosecuted, there would be a dangerous precedent set under the law on what rights do developers have over the use of their products by the public. The main stakeholders presented within the case study are; the consumers, the state, software makes and the companies that own and run the software sites. The ethical questions presented are whether it is right for software makers to create program that are not for public good, but rather promotes gambling which is considered addictive. The other issue is whether the state has the right to prosecute software makers for products created by them when they are used by others to promote illegal gambling activities. Generally the ethical questions would arise, on who is responsible and liable for any form of misuse and disuse of the software created. Ethical principles on the other hand are created for professionals; people who have excelled in their particular field, they have the necessary skills to employ judgment, prudence and skill in their undertaking. The issue therefore is an individual bound by a particular code of conduct, or he can act based on his independent and individual ability to judge that which is wrong and that which is bad (Allan, 2007). 2.0 Who are the Stakeholders? A stakeholder in a layman’s language refers to a person who has an interest, both legal and equitable in a particular product or property and in this case the computer software itself. Amongst the biggest shareholders in the on-line internet gambling business are the software programmers, the consumers and the state (Brayernan and Shaffer, 2010). 2.1 Programming Companies The Extension Software Company is amongst thousands of companies which have an interest in the way in which software programs are created, licensed and given to the public. The Extension Software Co has about $2.3 million has received in cash and money orders for licensing his software constitutes direct proceeds of illegal bookmaking operations. The main issue is that the action of the company has made it possible to aid and abet and create an appetite for further unlawful activities through illegal gambling. Computer ethics can be described as the rules that guide a programmer either choose what is wrong or what is right, and the application of ethical beliefs in real life (Leonard , Cronan and Kreie, 2004). In this case as a software programmer working for a particular company, gambling is usually considered an illegal act in the US and therefore any programmer who chooses to promote it is unethical. However the extent to which it can be considered an ethical is the application and use of the software created. In the case study, extension software extends the use of the gambling programmed outside the US and therefore a crime in computer technology. Regardless, in banning any of the programmed created; there would be an adverse impact on developers especially those in the gambling business. It has been asserted by many that the on-line gambling market has been increasing and would be a crucial factor in driving the economy (Quinn, 1997). 2.2 Consumers A consumer is defined as a person who pays to get a particular service and has a right of recourse for remedy if the service or good is defective (Wardle et al. 2011). A consumer in on-line gambling is one who pays to use these services, however in many instances on-line gambling attracts teenagers and persons who are not to be exposed to such vices. This category of consumers needs to be protected from the addictive attributes of on-line gambling. In the recent past the US House of Representatives had passed a legislation allowing authorities to block access to on-line gambling and prevent users from using credit cards in gambling. Through the creation of the programmed, issues such as breach of privacy and disclosure of personal information happen all of which are considered to be unethical. The mere fact that he programmed was created to be used outside US can be said to be unethical because it breaches the law to target those outside their country and not within it. Stuart states that the Software doesn’t place bets, it simply provides online gambling sites with the infrastructure to select and display which sporting events they want to offer for betting and also stores the bets. These are stakeholders in the sense that they indulge in gambling as either the users of the program, vendors and purchasers. 2.3 The State The role of the State as a stakeholder is to ensure that internet gambling is regulated and maintained to a standard that does not breach the law. The State’s main aim is to sure that its citizens are not exploited and that the companies adhere to the proper ethical standards that are set by the law (Wood and Williams 2009). The State also ensures that the software developers have licenses to use their products; however Stuart assets that it is improper to grant a license for use of the software and later on prosecute the developer for its use. It is therefore crucial for the state to give their stand on the issue of the extent of their interference in the application and the use of certain software. The state as presented in the case study seeks to protect the consumers and citizens from any form of exploitation and limits by the developers. In the assertion made by Stuart he states that the New York authorities wanted to uncover the illegal gambling operations through hacking of the systems of his software clients in order to obtain user names and passwords of gamblers and their bookmakers to help authorities gather evidence on illegal gambling. A main concern however would be a breach of privacy by the state in ensuring that no illegal gambling is taking place. The ethical issue that arise is should a developer breach a privacy agreement made by him to his clients to know whether he is handling or in illegal gambling? In my view this would be a serious breach of contract law and privacy. 2.4 What are the areas of conflict from the view point? A major area of conflict is what one would call “protection versus privacy”. The main aim of the stated is to protect the citizen or gambler from being exploited through illegal gambling activities while at the same time protecting the rights of the user. This creates a dilemma of which of the two is greater. Breaking a right to protect the integrity and the use of software continues to generate a dilemma of which of the two is superior to the other. A consumer has on the other hand rights to engage in any activity that is provided for by the different company. The conflict that arises is whether the user has to be accountable for his actions through private undertakings. Further to what extent does the state have to interfere with the freedom of a person of use of licensed products? Licensing is a process undertaken to make a product legitimate under the law. An issue of conflict would be what makes a product illegal after licensing and who has the greatest culpability in terms of the products use and abuse. 3.0 International Codes of Ethics In the international arena, different countries have taken different approaches in terms of developing codes of conduct to ensure that programs developed by different entities meet the requirements that are considered ethical. Christen Capital Advisors (2007) write that internet gambling continues to emerge as a dynamic component with different reactions being given by the state, existing industry players and the consumers, with revenues generate reaching at least $24.5 billion in 2010. In the past years the approach by many state authorities have been prohibition, ‘laissez-faire’ policy that allows unregulated access as well as licensing which continue to affect the online gambling business (Wood and Griffith, 2005). The UK and the US for instance in their standpoint have utilized the aspect of licensing, ownership and the regulation of the foreign and nationally owned sites. This however generates the conflict already highlighted of the freedom of the individual and the protection by the state. It has been considered that in the US and China it has been an exercise futility by prohibition of on-line gambling but rather the creation of legislation and regulation can have provide a secure and safe online gambling to protect individuals from devious and unscrupulous site operators and owners. 3.1The Australian Computer Society (ACS) The Australian Computer Society (ACS) gives provision on what should be the conduct of programmers, consultants, the state and the consumers in the use and creation of information technology programs and software. The main clauses are issues of public interest, the quality of life and competence. It provides that a programmer (Stuart) should raise with the stakeholders any issues that are conflicting with the public interest, issues of the protection of quality of life and have the interest of the consumers of your products at heart. Ethical conduct is amongst the greatest pillars of use and the exploitation of on-line gambling software within the ACM regime. The definition of the ethics according to the ACS president denotes ‘doing the right thing even when no one is looking’, in this context in relation to the study, Stuart ought to always do the right thing in the interest of the public. The ACS Code of professional Conduct and Professional Practices incorporates within its clauses a code of ethics requiring its members to act with professional responsibility and integrity. In the state of Australia the application of the code extends to even individuals who are not party to or signatories to the code of ethics and are liable in a court of law. The strict applicability of the code of conduct can be linked to the regulation of computer programmers and software developers within Australia 3.2 The Association for Computing Machinery (ACM) The Association for Computing Machinery (ACM) is amongst the most widely accepted and recognized code of computer ethics adopted in 1992. The code deals with issues in information practice and technology. The main aim of the code of ethics as contained in its preamble is to ensure that every member is committed to ethical professional conduct of the ACM. However a limitation contrasted to that of the ACS and from the Enron and ACIPA code, all the codes are dependent on members and it does not have a legal binding force. According to researchers (Chen Swayers and Wiiliams ,1997 ) they state that institution ought to recognize that the code of conduct must exist and its impact is to make better decision making. 3.3 The British Computer Society (BSC) The British Computer Society (BSC) has sought to create a code of ethics whose main aim is to ensure that there is a code of conduct regulating the creation, use and the licensing of computer software and programs. A party or individual to this code of ethics is bound by it and any act contrary to it would lead to the institution of a criminal proceeding against that perpetrator. The primary purpose of the BSC is to ensure that public interest is upheld over and above the interest of the individuals owning the business or developer’s interest. The code also enshrines honesty as virtue in guiding ethical conduct and the enhancement of the value of human life. Professionalism is an aspect that BSC sees as a tool for enhancing and maintaining the integrity of the society and encouraging respect. The code applies to every member of the BSC without taking any due regard on their areas expertise within the information and technology industry. 3.4 What are the Major differences between the codes? According to Shaver, the necessity of having a code of ethics is to ensure that there is a balance between the practitioners and the community through a well detailed practice that guarantees trust and a good relationship. In on-line gambling, issues of public interest and public policy raise various concerns especially where other vices are bound to arise such as money laundering and terrorism. This does not promote the essence of having any code of ethics regime. A code of ethics act as an arm of the government since it is a regulatory aspect amongst professionals and there is no need to impose any particular sanctions upon the individuals. In general a finding by Harrington seeks to state that in relation to information systems codes of ethics; it must not necessarily have an effect on abuse on person’s judgment on computer abuse, intention, it has no effect on cracking and hacking, copying of computer software and fraud, it is all dependent on the individuals. The codes discussed (ACM and ACA) have all been created to guide an individual’s however, how the individual act is subject to their own judgment of what is ethically wrong or correct to them. The main difference in the codes is the ability of having a binding effect to all the members. When adhering to the codes of conduct is discretionary, then there would be no need to have them if no one respects it. This is a keen to the concept of a human being an independent thinker. 4.0 Ethical Frameworks 4.1 The Ethical Standpoint Created There are many ethical theories that have been advanced by the creators of various codes of conduct and those who saw the need of having the codes of conduct. These include; consequentialism, relativism, universalism, virtue ethics, justice ethics amongst other theories and schools of thought. Adopting a consequentialist approach to ethics and conduct, this standpoint asserts that incase, since Stuart failed to ensure that the on-line gambling program developed by them are not manipulated by the end users. Despite the fact that Stuart was licensed to use and sell the software, there ought to be some responsibility accruing to him on how to regulate and stop the users from manipulating the system and exploiting the consumers in this case the gamblers. Justice goes hand in hand with the protection of fundamental individual rights of those who are using the gambling sites as well as those who create them. Justice cannot be used as a sword and not as a shield, it cuts to ways. Therefore even though the state must regulate and create a safe environment for on-line gamblers, an adequate legislative and legal framework ought to be adopted rather than breaching rights of users to gain access to particular information to institute criminal proceedings. The universalism concept commonly put forward by John Staurt Mill seeks to assert that “the greatest happiness for the greatest number”. On-line gambling to many would not be considered a wrong or right since as long as it provides greater good than other activities then it would be perfectly legal. However a limit to its application would be what constitutes a breach of the law if in its very basis it is wrong to gamble then an individual would already be breaching a crucial law. 4.2 The Ethical Standpoint for each stakeholder The stakeholders also have a duty of ensuring that there is a balance between their interest of use of software already developed and whether it breaches the law. The consumers are a special group of stakeholders since they utilize the software created and they can either decide to use it guided by ethical. Public interest is something unique to any consumer or user of service and at any instance a program ought to be developed for the common good and not only with the intention of profit making. The software developers and the owners in ensuring that there adhere to the proper ethical standards must ensure that the products they develop are consistent with public policy and interest. Using the example in the case study, Stuart ought to have ensured that the on-line gambling software met the standards of public good and public interest as opposed to only ascribing monetary value to it. Gambling generally is considered to be addictive and when provided by unscrupulous individuals it is open to manipulation of the consumers and the conduct of illegal activities such as money laundering, fraud, teenage gambling and abuse by owners of credit cards. The developers must ensure that the technology they develop is keen in ensuring the enhancement of the value of lives amongst the stakeholders. The state in most instances in seeking to enforce and impose a punishment on those who act against the provision of the law within their jurisdiction, break certain rules. The State must find a way to protect its citizens ethically and upholding the rights of an individual to contract and conduct business anywhere in the country. In order to achieve this, the state must find appropriate ways of protecting and helping consumers and developers to adhere to ethical standards. The State must also ensure that there is a binding code of conduct for which every developer, vendor, and consultants adhere to are created. 5.0 What are my Individual Opinions? 5.1Conflicting Issues In my opinion, the case presents a conflict of two issues, whether to protect the rights of individuals or whether to curtail them to prevent the occurrence of unfair practices in internet gambling sites. The other issue is to what extent has the state as a stakeholder, taken an initiative to ensure that there is a code of ethics and conduct that is binding upon all the programmers and software developers in the use of the software developed by them. The state authorities for example the New York State Authorities seek to breach the rights to privacy to ensure that perpetrators of illegal gambling a brought to book. The lack of an adequate and expansive legal regime and regulation is what puts the consumers and the developers at a disadvantage as against state authorities. If there was a proper regulation, a guiding and binding code of conduct, illegal gambling would not be affecting on-line gambling companies. A code of ethics and conduct would provide guidance on what practice is right or wrong and any person in breach of this would be held liable and culpable. The use of criminal proceedings alone cannot deter something not considered to be criminal but civil in nature. The stakeholders in my opinion the developers, the state and the consumers have failed to adequately play their roles in preventing illegal gambling. For instance since developers such as Stuart have no direct link with the individuals and no control of their software, it is open to manipulation and misuse by those who have procured or bought the software. Accountability and responsibility go hand in hand in ensuring that ethical conduct is upheld, and without them, regulation would be futile. All the stakeholders must be accountable to all the vices they perpetrate that are unethical, however in enforcement, the State must find ways to ensure that they do not breach the fundamental rights of the individuals using the sites. 5.2 What are the ethical concerns that might arise in the use of software worldwide? The main concern in relation to on-line gambling would be can there be a universal code of ethics that is binding and enforceable against all individuals who are party to the code of ethics. This is based on the fact that most of the codes already created are not binding and that a developer can choose to abide or break the provisions. It would be crucial if the entire world would create a legally binding code of ethics to curb any person who breaches the law through illegal activities in on-line gambling. Another grave concern would be the issue of user privacy, confidentiality of user information and what the state is entitled to in order to protect its citizens. In this case as long as the state has not created as effective way of ensuring that it gets information legally and not through a criminal proceeding, then the on-line gambling would be secure and safe for its users. The developers must also consider the issues of public safety and the extent to which their software is applied by those purchasing it. They ought to protect the public and consumers from illegal activities of third parties who have acquired for use their gambling software and protect them from unconscionable practice. It is in my view that the “laissez faire” policy must not continue but proper prohibition through regulations and the law should be imposed to ensure that there is no exploitation of the users and on-line gamblers. 6.0 Conclusion The relevance and need of having a comprehensive legal and regulatory framework enshrining a code of ethics of conduct that is binding continues to increase and grow. The internet is becoming a global hub of business and on-line gambling thrives through its existence. The stakeholders especially the consumers, developers and the state must ensure that there is a proper and working framework to protect its users from unscrupulous activities of the owners and its users. An individual can act based on their own independent judgment however, there are limits to this if it fails to meet the requirements of public good and the enhancement of human life. In this regard without an ethical code and the law, there can be no jurisdiction in trying those who breach the law in relation to use and abuse of information technology. In enforcing and protecting the citizens and consumers, the State as a stakeholder must ensure that they uphold the integrity of gathering evidence and that they do not infringe the rights of consumers through illegal means. The ability to bind a software maker, a consumer and the state to a code of conduct is what would create and bring sanity to the whole issue of on-line gambling and curbing illegal activities associated with it. LIST OF REFERENCES ACS Code of Ethics . 2005. Introduction to the ICAO5 Training Pack. Australian Computer Society, Commonwealth of Australia, ICA05 Version 1. ACS Code of Proffessional Conduct professional Standards Board July 2012 Australian Computer Society, Vol 1. Allan R. Peslak, 2007. A Review of the Code of Conduct on Information on Technology moral Judgemnet and Internet. Journal of Computer Information Systems. Pp.443 Anderson, J.A, and Englehardt, E.E. 2001. The organizational self and ethical conduct. Fort Worth TX : Harcourt. Anderson,R. E. Johnson, D. G. Gotterbarn,D. and Perroll, J. 1993, ‘Using the New ACM CODE OFETHICS IN Decision Making’, Communication of The ACM, Vol.36, No.2. Braverman, J. and Shaffer, H.J.2010. How do gamblers start gambling: Identifying behavioral markers for high-risk internet gambling. European Journal of Public Health. Chen, A., Sawyers, R., and Williams, P. 1997. Reinforcing Ethical Decision Making Through Corporate Culture," Journal of Business Ethics, 16 pp. 855-865 Christiansen Capital Advisors. 2007.Global Internet Gambling Revenue Estimates andProjections (2001-2010).http://www.ccai.com/Primary%20Navigation/Online%20Data%20Store/internet gambling_dat.hem Dragicevic, S., Tsogas, G., and Kudic, A. 2011. Analysis of casino online gambling data in relation to behavioural risk markers for high-risk gambling and player protection. International Gambling Studies, 11, pp.377–391. Harrington, S. 1996. The Effect of Codes of Ethics and Personal Denial of Responsibility on Computer Abuse Judgments and Intentions." MIS Quarterly, 20:(3) pp. 257-278. LaBrie, R.A., LaPlante, D.A., Nelson, S.E., Schumann, A., and Shaffer, H.J. 2007. Assessing the playing field: A prospective longitudinal study of Internet sports gambling behavior. Journal of Gambling Studies, 23, 347–362. Leonard, L., Cronan, T., and Kreie, J. 2004. What Influences IT ethical behavior intentions - planned behavior, reasoned action, perceived importance, or individual characteristics?. Information and Management, 42. pp 143-158. Quinn, J. 1997. Personal Ethics and Business Ethics: The Ethical Attitudes of Owner/Managers of Small Business. Journal of Business Ethics, 16, pp. 119-127. Svensson, J., and Romild, R. 2011. Incident Internet gambling in Sweden: Results from the Swedish longitudinal gambling study. International Gambling Studies, 11, pp. 257–375. Wardle, H., Moody, A., Griffiths, M., Orford, J., and Volberg, R. 2011. Defining the online gambler and patterns of behaviour integration: Evidence from the British Gambling Prevalence Survey 2010. International Gambling Studies, 11,pp. 339–356. Wardle, H., Moody, A., Spence, S., Orford, J., Volberg, R., Jotangia, D.and Dobbie, F. 2011. British Gambling Prevalence Survey 2010. London: National Centre for Social Research. Wood, R., and Williams, R.2009. Internet gambling: Prevalence, patterns, problems, and policy options, Final report prepared for the Ontario Problem Gambling Research Centre,Guelph, Ontario, Canada. Read More

An n issue being raised is whether any company is entitled to create gambling sites that promote activities that are illegal within the reading of the letters of the law. It is alleged that if prosecuted, there would be a dangerous precedent set under the law on what rights do developers have over the use of their products by the public. The main stakeholders presented within the case study are; the consumers, the state, software makes and the companies that own and run the software sites. The ethical questions presented are whether it is right for software makers to create program that are not for public good, but rather promotes gambling which is considered addictive.

The other issue is whether the state has the right to prosecute software makers for products created by them when they are used by others to promote illegal gambling activities. Generally the ethical questions would arise, on who is responsible and liable for any form of misuse and disuse of the software created. Ethical principles on the other hand are created for professionals; people who have excelled in their particular field, they have the necessary skills to employ judgment, prudence and skill in their undertaking.

The issue therefore is an individual bound by a particular code of conduct, or he can act based on his independent and individual ability to judge that which is wrong and that which is bad (Allan, 2007). 2.0 Who are the Stakeholders? A stakeholder in a layman’s language refers to a person who has an interest, both legal and equitable in a particular product or property and in this case the computer software itself. Amongst the biggest shareholders in the on-line internet gambling business are the software programmers, the consumers and the state (Brayernan and Shaffer, 2010). 2.1 Programming Companies The Extension Software Company is amongst thousands of companies which have an interest in the way in which software programs are created, licensed and given to the public.

The Extension Software Co has about $2.3 million has received in cash and money orders for licensing his software constitutes direct proceeds of illegal bookmaking operations. The main issue is that the action of the company has made it possible to aid and abet and create an appetite for further unlawful activities through illegal gambling. Computer ethics can be described as the rules that guide a programmer either choose what is wrong or what is right, and the application of ethical beliefs in real life (Leonard , Cronan and Kreie, 2004).

In this case as a software programmer working for a particular company, gambling is usually considered an illegal act in the US and therefore any programmer who chooses to promote it is unethical. However the extent to which it can be considered an ethical is the application and use of the software created. In the case study, extension software extends the use of the gambling programmed outside the US and therefore a crime in computer technology. Regardless, in banning any of the programmed created; there would be an adverse impact on developers especially those in the gambling business.

It has been asserted by many that the on-line gambling market has been increasing and would be a crucial factor in driving the economy (Quinn, 1997). 2.2 Consumers A consumer is defined as a person who pays to get a particular service and has a right of recourse for remedy if the service or good is defective (Wardle et al. 2011). A consumer in on-line gambling is one who pays to use these services, however in many instances on-line gambling attracts teenagers and persons who are not to be exposed to such vices.

This category of consumers needs to be protected from the addictive attributes of on-line gambling. In the recent past the US House of Representatives had passed a legislation allowing authorities to block access to on-line gambling and prevent users from using credit cards in gambling. Through the creation of the programmed, issues such as breach of privacy and disclosure of personal information happen all of which are considered to be unethical.

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