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Identity theft and fraud are characterized by criminal use of the victim's personal information,
such as a Social Security number, to assume the victim's identity. Identity thieves use the
stolen personal information to create fake identifications, obtain credit cards or access other
resources and benefits. The criminals may install malicious software to gain access to the
victim's computer files and activity, or target commercial and government computer systems
to steal the personal information of hundreds or thousands of potential victims at once.
Digital Piracy
The Internet is often called the "Information Superhighway" because it allows people to find,
share, and distribute information quickly and easily using computers. However, not all that
information is ethical or legal. Distributing and accessing illegal copies of copyrightprotected digital books, movies, music, artwork, software, and other content is a form of
copyright infringement, commonly referred to as "piracy." When digital products and works
are pirated, the content creators lose money they would have otherwise earned had that work
been legally purchased or licensed. (See Reference 3)
Thieves and embezzlers can use computers to steal money from individuals or businesses. A
thief can gain online access to an individual's bank account using a victim's stolen password,
PIN or personal information. Using stolen credit card information, a thief can order goods
online and later sell those goods for cash. An employee with access to business accounting
systems may falsify records or manipulate the systems to embezzle funds.
Information Theft
Spies, criminals, and snoops can steal private or classified information by gaining
unauthorized access to the victim's computer or inappropriately using computers to which
they been given access. Their goals may be to leak or sell classified government documents,
use stolen personal information to extort a victim, gain an advantage over a competitor, or
simply pry into the private life of a family member or coworker. Privacy invasion, spying and
information theft may be punishable under a number of laws designed to protect individuals,
businesses, or national security. Employees caught snooping or stealing data may lose their
jobs even if their acts were technically legal.
Disrupting a computer or network may involve using malicious software to make a computer
unusable or using several computers to block access to a website, network or other resource.
These types of attacks may be done to extort money from the victim, make a political
statement or force the victim into a specific action. Sometimes, the attackers commit these
acts simply for entertainment.
Besides, a 'Copyright Office' has been set up in the Department of Education of the Ministry of Human
Resource Development, to provide all facilities including registration of copyrights and its neighbouring
rights.
As far as issues relating to layout design of integrated circuits are concerned, 'Department of
Information Technology' in the Ministry of Information Technology is the nodal organisation. While,
'Protection of Plant Varieties and Farmers' Rights Authority' in Ministry of Agriculture administers all
measures and policies relating to plant varieties.
For complementing the administrative set up, several legislative initiatives have been taken. It includes,
the Trade Marks Act, 1999; the Geographical Indications of Goods (Registration and Protection) Act
1999; the Designs Act, 2000; the Patents Act, 1970 and its subsequent amendments in 2002 and 2005;
Indian Copyright Act, 1957 and its amendment Copyright (Amendment) Act, 1999; Semiconductor
Integrated Circuit Layout Design Act, 2000; as well as the Protection of Plant varieties and Farmer's
Rights Act,2001
Intellectual property (IP) rights are legally recognized exclusive rights to creations of the
mind. Under intellectual property laws, owners are granted certain exclusive rights to a variety
of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and
words, phrases, symbols, and designs. Common types of intellectual property rights
include copyright,trademarks, patents, industrial design rights, trade dress, and in some
jurisdictions trade secrets.
Although many of the legal principles governing intellectual property rights have evolved over
centuries, it was not until the 19th century that the term intellectual property began to be used,
and not until the late 20th century that it became commonplace in the majority of the world. The
British Statute of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins
ofcopyright and patent law respectively.
DISCRIMINATION
Reverse discrimination is discrimination against members of a dominant or majority group or in
favor of members of a minority or historically disadvantaged group. Groups may be defined in
terms of race, gender, ethnicity, or other factors. This discrimination may seek to redress social
inequalities where minority groups have had less access to the same privileges of the majority
group. In such cases it is intended to remove discrimination that minority groups may already
face. The label reverse discrimination may also be used to highlight the discrimination inherent
in affirmative action programs. Reverse discrimination can be defined as the unequal treatment
of members of the majority groups resulting from preferential policies, as in college admissions or
employment, intended to remedy earlier discrimination against minorities Conceptualizing efforts
as reverse discrimination began to become popular in the early-mid-1970s, the time period that
focused on underrepresentation and affirmative action intended to remedy the effects of past
discrimination.
The concept of reverse discrimination has two different views: a broad sense and a narrow
sense. In a broad sense, it refers to discrimination against Whites or males in employment,
education, and any other areas of life. In a narrow sense, reverse discrimination refers to the
negative impact Whites or males may experience because of affirmative action policies. The two
views are often conflated, which leads to confusion and misinformation.
The law in some countries, such as the UK, draws a distinction between equality of provision
and equality of outcome, based on the idea that identical treatment may sometimes act to
preserve inequality rather than eliminate it. Opponents of this distinction may label it as an
example of reverse discrimination.
When members of a particular group have been barred from a particular employment, it is said
that this group has received less than its fair share of employment in question and deserves to
receive more by way of compensation. Thus, this group is being compensated for past lack of
employment. Therefore, a group already existing in the workplace will be discriminated against,
even if theyve never been denied employment previously. If the point of reverse discrimination is
to compensate a wronged group, it will hardly matter if those who are preferentially hired were
not among the original victims of discrimination.[4] Moreover, the current beneficiaries of reverse
discrimination are not often the same persons as those who were harmed by the original
discrimination, and those who now bear the burden of reverse discrimination are seldom the
same persons as those who practiced the original discrimination. Because of this, reverse
discrimination is said to be both irrelevant to the aim of compensating for past injustices and
unfair to those whose superior qualifications are bypassed.
It is often argued by majority groups that they are being discriminated for hiring and
advancement because of affirmative action policies. However, critics of this argument often cite
the "symbolic" significance of a job has to be taken into consideration as well as
qualifications.[5] Many feel that basing a decision to discriminate against a group of people should
not be based on symbolism but on objective, verifiable fact. Thomas Sowell said that the
meaning of "qualified" has been stretched to mean "quali-fied to be trained," and the "available"
supply includes women who no longer work (usually because of their husbands'
prosperity).Critics also argue that what is termed "reverse discrimination" against majority groups
is, in fact, not discrimination against that group but rather positive discrimination assisting
another group.In other words, rather than the employer assuming a trait or negatively
discriminating against the majority, it is instead positively assisting a minority group.The effect
affirmative action has been shown to have many "Mismatch Consequences" that significantly
hurt schools, students and society as a whole.
India
In India, among the limited positions for higher education in Government institutions, 50 percent
seats are reserved for members of economically disadvantaged castes and classes.Reserved
category candidates can select a position from the Open 50 percent if he or she has good merit.
This results in further reverse discrimination of Open/General/Non Reserved candidates. Further,
since there are no economic criteria in classifying Reservation, poorer sections of reserved class
often remain poor whereas the affluent section reap benefits for successive generations.Also, the
poorer sections of Open/General Category become devoid of access to higher education for
even slightly low merit on competitive exams. The difference in merit on entrance exams is often
very wide between the reserved and unreserved classes. In India, the term is often used by
citizens protesting against reservation and quotas.
PREFRENTIAL HIRING
[11.] Diversity and Discrimination.
Some discrimination in hiring is morally permissible. Employers may discriminate between those
who are and those who are not qualified to do a job. DesJardins example: if I am hiring someone to
work on my companys website, I may discriminate between applicants who have had experience
doing such work and those who have not. (239 / 247) There is nothing wrong with this sort of skillsbased discrimination.
Nevertheless, there are other examples of discrimination that are objectionable, unethical,
unfair, unjust. Ordinarily, refusing to hire someone because he or she is of a specific race or
ethnicity, or because she is a woman, is objectionable.[1]
Yet another way employees have attempted to redress this problem involves altering the previously
existing standards or qualifications for the job, and thus goes beyond affirmative action. This next
sort of policy is known as preferential treatment.[2]
preferential hiring (df.): a policy that go[es] beyond affirmative action by seemingly
changing the job standards in an effort to hire more women and people of color (243 / 250);
there are two types:
preferential hiring from among equally competent applicants: when there is more
than one equally qualified best candidate for a job and when there is a woman or minority
member among those best candidates, the woman or minority member is to be preferred.
preferential hiring from among applicants who are not equally competent: hiring a
woman or minority member even though he or she is not the best qualified applicant for
the job; critics refer to this form of preferential hiring as "reverse discrimination.[3]
Perhaps the most extreme way in which employers have attempted to address the problem of
objectionable discrimination in hiring is by instituting a hiring quota:
hiring quota (df.): a hiring standard set by an employer when it decides that a certain number
of women or minorities will be hired regardless of the number or qualifications of males or
Caucasians who apply.
a person P deserves something on the basis of x, then P must be responsible for x, i.e., x
must be the result of a voluntary action performed by P.]
c. There must be some reasonable way to determine and measure qualifications so that we
have a way to decide who is most qualified. Extending this point in a way DesJardins does
not... Even under the assumption that premise 1 is true, it can still sometimes be difficult to tell
who in fact is the most qualified candidate for a job. Further, the managers who are responsible for
making such determinations may, whether consciously or not, discount a persons qualifications
simply because she is a woman, or because he or she is a racial minority. Thus, a defender of
preferential hiring might say that it is a way of helping to ensure that the most qualified
person does get the job despite having been judged not to be the most qualified.
d. [W]e need to consider if diverse ethnic or gender background might itself serve as a job
qualification.
Might it be legitimate for [a Catholic all-womens college] to give hiring preference to Catholics and
women? Is it legitimate for a medical practice to give preference to female gynecologists? Might a
company seeking to attract new minority business give preference to hiring minority employees? More
generally, given the beneficial opportunities that are provided by a diverse workforce, could a business
claim that gender and ethnic diversity are themselves qualifications in that they make positive
contributions to the workplace? (248 / 256)
If the answer to a given question is yes, then this will count as prima facie evidence that premise
3 of the Argument from Merit is false with regard to the relevant hiring context.
motive/intent:
traditional racism/sexism
based on contempt/loathing for
blacks or on a belief that blacks
and women are inferior
preferential hiring
prevention or compensation (as
described below)
consequences:
stigmatization
perpetuating stereotypes
makes belonging to the
class of minorities or
women burdensome
adds to the "overabundant
supply" of social goods
(power, wealth, opportunity,
authority, etc.) enjoyed by
one group at the expense of
others
a more egalitarian
distribution of social goods
Applied directly to the argument as formulated above, Hettingers position seems to be that what
premise 2 says is in general true, but it is not true of preferential hiring. In effect, he is arguing
that even though preferential hiring does discriminate on the basis of traits that are not jobrelevant, it is nevertheless not an unjust practice, because it has good consequences and the
motives behind it are good.
Individuals who have been harmed should receive compensation for that harm.
Racial and sexual discrimination in past hiring harmed women and minorities.
So, women and minorities should receive compensation for that harm.
Preferential hiring will help to compensate women and minorities for that harm.
So, preferential hiring is morally permissible.
According to DesJardins, this argument is sound only if three conditions are met (250 / 258):
a. the compensation received as a result of preferential hiring must be proportionate to the harm
caused by past discrimination;
b. the party doing the compensating must be the same party who is responsible for the harm; and
c. the party being compensated must be the same as the party who was harmed.
[11.4.1.] Pojmans Criticism.
A well-known criticism of this argument comes from Louis Pojman.[5]
Here is Pojmans statement of a form of the argument that defends preferential hiring of those less
qualified than others:
White males as innocent beneficiaries of unjust discrimination of blacks and women have no grounds
for complaint when society seeks to rectify the tilted field. White males may be innocent of oppressing
blacks and minorities (and women), but they have unjustly benefited from that oppression or
discrimination. So it is perfectly proper that less qualified women and blacks be hired before them.
The operative principle is: He who knowingly and willingly benefits from a wrong must help
pay for the wrong.[6]
growth hormone that will cause you to grow an extra 18 inches in height. But before they can give
it to you, LeBrons parents steal it and give it to him.
Years later, LeBron is 18 inches taller than you and an NBA superstar, earning millions of
dollars. You're just an average guy with an average job. LeBron James is an innocent beneficiary
of the unjust actions performed by another, and you are at a disadvantage in life compared to him.
In other words, LeBron has unfairly benefited from, and you are at an unfair disadvantage as a
result of, past wrongdoing.
more
specifically
it
is consequentialist,
and
in
According to this argument, preferential hiring is justified because it will prevent future objectionable
discrimination:
future unjust distribution of jobs and accompanying social goods (wealth, authority, power,
opportunity, etc.): the goal is to correct an existing imbalance in the distribution of jobs; even if
all discrimination were to end today, women and minorities would still be underrepresented in
some professions because of past discrimination; so they will continue to lack the same amount of
wealth, etc., enjoyed by white males
future discriminatory hiring decisions: the assumption is that hiring decisions will be unfair
without preferential hiring, because (whether or not they are conscious of it) many people who
make those decisions are biased; preferential hiring is meant to correct existing bias and ensure
that the most qualified person gets the job, even though he or she is not judged to be the most
qualified person.
ENVIRONMENTAL PROTECTION