Civil Law: Mobile Technology, Ethics, and Contractual Agreements

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Homework Assignment
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This assignment explores several key aspects of civil law, beginning with the impact of mobile technology on legal and ethical considerations. It examines the use of mobile devices in data collection, the legal challenges of electronic evidence, and the ethical implications of data privacy. The assignment further analyzes the Australian Computer Society (ACS) code of conduct, applying its ethical principles to a case study. Finally, it delves into contract theory, discussing the social contract's role in society, the state of nature, and the importance of laws and regulations. The paper also touches upon the philosophical underpinnings of contracts and their significance in maintaining social order and protecting individual rights. Overall, the assignment provides a comprehensive overview of how technology, ethics, and contractual agreements intersect within the framework of civil law.
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CIVIL LAW
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CIVIL LAW
System04121
4/21/2020
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CIVIL LAW 1
Answer 1
In the office, mobile technology becomes rapidly prevalent. Smart phones, tablets and
other types of personal digital helpers are particularly appealing to professionals who are
searching for efficiency enhancement devices (Huff post, 2017).
In fact, analysis needs the ability to effectively and accurately captures and store
data. Scientists switch gradually to mobile apps for applications with more complex
programming and data processing. Nonetheless, this ensures that legal issues related to
mobile device use must be understood and discussed in the light of science. Most sources
identify the usage of mobile devices in the analysis phase. For eg, the compilation of remote
field data1-5, empirical data 6-9, administration of the study, 4, 10, 11 and patient data.
Mobile apps do have the potential to render work in remote and under-served places
around the world more possible, where that is very much required16. Mobile technology may
be used to enhance the analysis consistency of a sample as part of promoting data collection
and/or management of test instruments.17,18 While academics should be delighted about
mobile technology potential for enhancing science, the Research Ethics Boards (REBs) and
the institutional review boards (IRBs) may be a mobile technology specialist.
The REB / IRB's task is to insure that work is carried out in compliance with
institutional policy and jurisdictional law in an ethical manner19-21. Human-subject work
will uphold the basic values of ethical practice, including regard for individuals, welfare, and
justice.20 Considerations related to the anonymity, security and data collection of subjects are
of special concern to study procedures that integrate mobile technologies.
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CIVIL LAW 2
The police and other enforcement authorities regularly utilize advanced techniques for
collecting electronic proofs from cell phones in the fast-moving modern environment. Such
approaches will pose a number of legal and ethical issues should the police use them.
We never leave home or workplace without our cell phones today, with us the
equivalent of the weight of the Laptop. Our cell phones hold a range of extremely sensitive
knowledge concerning us and our contacts. Data regarding our national, sexual and religious
identities, and about all our campaigns. A cell phone is likely to contain more than will be
identified from our home search. The police would naturally seek to capture and photograph
and investigate the contents of the smartphone perpetrator under something but the easiest
case (Huff post, 2017).
Many of us are conscious of the vulnerability of our mobile data and are able to
secure it by using sophisticated hardware and encryption. Many offenders do the same, and
also decline to share codes as they are forced to give their mobile to the authorities. Such
rejections, often impossible to resolve, allow the police to utilize sophisticated tracking and
testing tools.
We are now much more informed than we might foresee before the primary police
search powers first promulgated under the Police and Criminal Evidence Act (PACE) 1984.
PACE helps officers to scan, capture and hold data from cell phones of any individual that,
on suspicion of being engaged in the crime, is detained, if the officers are fair to assume that
it provides proof of the offense, or whether it is collected as a result of the offense committed.
The enforcement of search warrants in support of development orders is subject to specific
interception forces. Also for purposes of a police prosecution and to be presented as
testimony at court will the confiscated data be retained? Certain regulations, such as the
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CIVIL LAW 3
Project of Drug Act 1971 and the Terrorism Act 2000, also give the police extra authority to
seize cell phones.
The study carried out by Bristol Cable magazine found that about 28 of the 44 police
forces in the United Kingdom are utilizing mobile cracking devices developed by the firm
Cellebrite. The Guardian notes that a Cellebrite drug, Universal Forensic Extraction System
(UFED), has been widely distributed to its officers. It has been recorded that a UFED will
retrieve data from thousands of different cell phone models in a matter of minutes. SMS
records, addresses, touch, photographs, videos and GPS data are included in these details.
The authenticated talk history files of WhatsApp, Signals and Telegram and Facebook
messenger are readily available.
The simplicity and extent of unintended police exposure to a wealth of data may pose
questions that this procedure is poorly supervised and could be conducted by inadequate
police officers. Given that in the sense of the enforcement of repressive forces the courts have
emphasized the need for transparent, available and proportionate regulations on personal
information collection, the absence of oversight on the usage of such tools to collect vast
scale details poses important legal and ethical concerns related to proportionality, the breadth
of searches and the possibility of continuing proof Confidentiality
It is highly doubtful if it is possible to track and regulate the usage of these different
cracking devices by utilizing regulations drawn up if cell telephones hold a portion of the
details they do now. The indiscriminate gathering of data by the police from hundreds of
thousands of persons would be of serious concern. This is still unknown whether vast
amounts of collateral data obtained from these devices are immediately discarded, posing
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once again very troubling concerns regarding sensitive data protection and preservation and
privacy (Huff post, 2017).
.
Answer 2
The Australian Computer Society (ACS) is an IT specialist group representing more
than 45,000 participants around Australia. According to its constitution the ACS was formed
on 1 January 1966 from five national societies with the goal of "promoting the excellence of
the IT sector" and "promoting the growth of Australian computer and communications
services." On 3 October 1967, it formally passed into the jurisdiction of the Australian
Capital. Per state and jurisdiction have had chapters since 1983.
ACS is a participant of the South East Asia Professions Partnership (IP3), the South
East Asia Regional Software Confederation, and the International Federation of
Information Management (IPM) and the Seoul Accord[3]. ACS is also a part of the
Australian Council of Professionals, Australia's largest technical societies organization[2].
ACS Professional Code of Conduct Each individual who operates in the ICT
(Information and Communication Technology) sector follows the rules of the ACS
Professional Conduct Code. The case study selected has been examined in the following
segment on the basis of six basic ethical principles of the ACS code of ethics in order to
address ethical questions:
Public interest This code favors public interest to sectional, private and personal
interest. Primacy of public interest It technology allows Smart Software to speak to their
customers prior to submitting application checking applications to abroad. As they don't obey
the "Primacy of public concern" rule, which reveals their dishonest behavior against
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CIVIL LAW 5
consumers. You may control consumer emotions by submitting apps for testing abroad. It
was also argued that smart tech company activities are ethical in line with public interest
primacy (Dupras, Saulnier, & Joly, 2019).
Enhancement of life quality this code of ethics will effectively address the negative
challenges emerging from ICT solution growth. According to the ACS key principle 'The
Promotion of Quality of Life' professional will recognize and support the appreciation of the
function of all stakeholders. The senior developer in the case study selected does not seek to
consider the perspective of the team leaders operating on similar proposals for app creation.
When applications may be submitted to third parties for check codes abroad, consumer
loyalty can be adversely affected. Smart Technology activities are also legal(Singh,
Devarajan, Mohanan, Baldridge, Kondal, Victorson, & Goenka, 2019).
Honesty It is immoral to infringe on the trust of clients of the field of accordance with
this main principle. The lead production company will not consult the customer on foreign
code testing which may impact the trust of the customer in the product (Cohen, & Loewy,
2018).
Competency This code allows qualified professionals not to distort their expertise or abilities,
however in the case study selected, the senior developer chooses to operate on three separate
iterations of the product without addressing the dishonest actions of the developer against the
client with the consumer (Singh, Devarajan, Mohanan, Baldridge, Kondal, Victorson, &
Goenka, 2019).
The Law demands that disciplinary action be taken against practitioners who comply
by the Law of Professionalism. Professionalism In that case, project managers cooperate with
the technical code and they don't stop senior developers from submitting software code to
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third parties for testing abroad. The actions of the contractor and the owner of the project are
also contradictory to the ethical code of ethics.
Professional advancement, The Code of Ethics allows employees to be kept
updated of emerging work-related procedures, policies and innovations. Professionals ought
to increase awareness of the challenges that may hinder the field. Such code of ethics is not
practiced in a case study, so the Senior Architect will not try discussing the whole matter with
the client which shows his unethical behavior.
Answer 3
The theory of contracts is another concise theory of society and its connection to rules
and laws and why it is required by society. Thomas Hobbes (1588-1689) claimed it would be
a terrible way to reside in a world without rules and legislation regulating our acts. In such a
state, people would act on their own accord, without any responsibility for their community.
Hobbes described a society that had no regulations as living in a "state of nature." The
Darwinians, who endure the best and the worst, will exist in a condition of existence. A
culture which is in fact in Hobbes will be lacking the comforts and desires we in current
Western civilization take for granted.
The philosophy of contracts is a pessimistic yet probably practical society perception
without laws or guidelines. An illustration of a world in a state of crisis often is used as a
consequence of a disastrous incident where a culture is thrown into disorder. That can arise in
the midst of conflict in Sudan, whether in the wake of Hurricane Katrina, or by way of a
natural catastrophe in New Orleans. Throughout both instances, a part of society was moved
from a world where the rule of law was practiced to a culture in a state of nature.
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Requirements and laws were ignored. What would live, sheer power decided? Unfortunately,
life is a condition of existence without laws and regulations and citizens to follow certain
laws and rules.
Generally, but without the calamities of natural disasters and war, Hobbes thought
that in what might be considered a "dog-eat-dog" environment, men might aspire to gain
more riches and strength, where he claimed that citizens should do whatever they would have
to live under a state of nature that ignored rules and regulations. It will mean that individuals
would live in "false" situations, and kill someone until they are defeated. People feel safe
from assault by the laws in effect.
The powerful will influence those who are poor in a state-of-the-art community.
Society does not have rules or legislation that forbid or prevent illegal or immoral behavior.
People should be compelled to be self-interested solely to live and to struggle against the
ownership of limited resources (a finite shortage of trade).
To Hobbes, it is a contract that contributes to a popular conception of society — a
contract — that the implementation of laws that ensure protection and prosperity for
everyone, even the poorest is of all benefit. Therefore the contract will give us a stable world,
from a condition of nature, in which only the poor will live. Nonetheless, we in our business
consent to the contracts and require the contract to guarantee protections for everyone. The
standard of safety for the vulnerable of society can differ (Dekeyser & Garrett, 2018).
The social contract is not published and is raised. In return, we benefit from our
society's needs, namely protection, health, schooling and other requirements for life, and we
do not break such rules or moral codes (Laczniak, & Murphy, 2019).
Contract theory assist law enforcement in moral dilemmas
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Although the philosophy of contracts does not say individuals what to do, it offers a
framework for recognizing that culture has adopted laws, rules and regulations. If not, our
interpretation of the need will be constrained in the philosophy of contracts.
To order to validate the control that police authorities may exert on the public as a
whole (Evans and MacMillan 2014), contract theory is particularly important for law
enforcement. The disparity of control, retained by the compliance agencies, is part of the
compromise established by community of exchange for protection. The concern with the
arrangement is that the strength of law enforcement meets what the corporation anticipates in
the deal (Laczniak, & Murphy, 2019).
.
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References
Huff post, (2017). 5 Extremely Private Things your iPhone Knows About You RETRIVED
FROM:ttps://www.huffingtonpost.com.au/entry/iphonelegalacts_n_6787876?
section=Australia
Singh, K., Devarajan, R., Mohanan, P. P., Baldridge, A. S., Kondal, D., Victorson, D. E., ...
& Goenka, S. (2019). Implementation and acceptability of a heart attack quality
improvement intervention in India: a mixed methods analysis of the ACS QUIK
trial. Implementation Science, 14(1), 12.
Laczniak, G. R., & Murphy, P. E. (2019). The role of normative marketing ethics. Journal of
Business Research, 95, 401-407.
Dekeyser, T., & Garrett, B. L. (2018). Ethics≠ law. Area, 50(3), 410-417.
Cohen, K., & Loewy, Z. (2018). End-of-life Care: Law, Ethical principles, and Jewish
Medical Ethics. Annals of Longterm Care, 26(4), 25.
Dupras, C., Saulnier, K. M., & Joly, Y. (2019). Epigenetics, ethics, law and society: A
multidisciplinary review of descriptive, instrumental, dialectical and reflexive
analyses. Social studies of science, 49(5), 785-810.
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