COM 421 Chapter 1.pptx computer studies university of eldoret

COM 421 Chapter 1.pptx

1. ENGINEERING AND SOFTWARE LAW Chapter 1: BY Dr. Gibson Kimutai

2. Course Overview Introduce S/W Engineering aspect, its importance and challenges. Introduce meaning and importance of Law in Software Industry. Explore the laws relevant to software and its use – taking a global perspective, since the trade in software is international and information made available on the web can be viewed globally. Major part of this course: devoted to intellectual-property law (IPR) – the issue of who owns software and digital content and how that ownership can be protected by the law. Learn about copyright and patents, and international agreements aimed at harmonising laws in this area. Look at how the laws aimed at protecting public goods can also be exploited to protect the public good.

3. OUTLINE Basic definition of terms in Engineering and software Law. Introduction and overview of S/w Engineering. Importance of Software Engineering. Software Engineering profession. Engineering Ethics. Introduction to Law and Ethics Importance of Software Law.

4. Basic terms in Engineering and software Law. Software: Program. Software (Programs + data + Documentation {System doc, User doc}) (Professional and Personal s/w development) Dual role of software: Product (Deliver computing potential) Vehicle for delivering the product (Information).

5. 2. Engineering Developing products, using well-defined, scientific principles and methods. The process of developing an efficient mechanism which quickens and eases the work using limited resources, with the help of technology. Branch of science and technology concerned with the design, building, and use of engines, machines, and structures. The application of science and mathematics to solve problems. Systematic application of knowledge and experience to solve problems and improve lives.

6. 3. Software Engineering: Branch associated with development of software product using well-defined scientific principles, methods and procedures. The application of a systematic, disciplined, quantifiable approach to the development, operation and maintenance of software (IEEE). Discipline that is concerned with all aspects of software production from initial conception to operation and maintenance of software Discipline concerned with the theories, methods, and tools that are required to develop s/w products in a cost effective way (Ian Sommerville ).

7. SOFTWARE ENGINEERING ETHICS Ethics: Set of moral principles that govern the behavior of a group or individuals. Principles accepted by the society, which also equate to the moral standards of human beings. Set of rules or principles that are generally considered as standards or good and bad or right and wrong, which are usually imposed by an external group or a society or a profession or so. Ethics can be understood as the rules of conduct proposed by a society or recognized with respect to a particular class of human actions or a particular group or culture.

8. Computer/ S/W Ethics Set of moral standards that govern the use of computers and s/w’s.  It is society’s views about the use of computers, both hardware and software.  Privacy concerns, intellectual property rights and effects on society are some of the common issues of computer ethics. Privacy Concerns Hacking  – Unlawful intrusion into a computer or a network. A hacker can intrude through the security levels of a computer system or network and can acquire unauthorized access to other computers. Malware  – Means malicious software which is created to impair a computer system. Common malware are viruses, spyware, worms and trojan horses.  A virus can delete files from a hard drive while a spyware can collect data from a computer. Data Protection  – Also known as information privacy or data privacy is the process of safeguarding data which intends to influence a balance between individual privacy rights while still authorizing data to be used for business purposes. Anonymity  – is a way of keeping a user’s identity masked through various applications.

9. Morals: Principles or habits with respect to right or wrong of one’s own conduct. (what you think is good and bad personally). Ideas that help frame our personality so that we can distinguish between what is right and what is wrong. Code of conduct that you develop over time and set for yourself to follow e.g., Being good to everyone. Speaking only the truth. Going against what you know is wrong. Having chastity. Avoid cheating. Being a nice human being etc.

10. Software Engineering Ethics: Studies the interactions of human values and technical decisions involving computing.  The study of related questions about moral ideals, character, policies and relationships of people and organizations involved in technological activity. The study of decisions, policies and values that are morally desirable in engineering practice and research. The ethical decisions and moral values of an engineer need to be considered because the decisions of an engineer have an impact the products and services - how safe they are to use, the company and its shareholders who believe in the goodwill of the company, the public and the society who trusts the company regarding the benefits of the people, the law which cares about how legislation affects the profession and industry, the job and his moral responsibilities and about how the environment gets affected, etc.

11. Engineering Ethics includes: Respecting others and ourselves. Respecting the rights of others. Keeping promises. Avoiding unnecessary problems to others. Avoiding cheating and dishonesty. Showing gratitude towards others and encourage them to work.

12. S/W Engineering Ethics Code: Establishes  principles  of conduct that members of the profession are expected to observe in the practice of software engineering. Code provides an ethical foundation to which individuals within teams and the team as a whole can appeal. The Code helps to define those actions that are ethically improper to request of a software engineer or teams of software engineers. Three key functions of s/w Ethics Code: To stimulate ethical conduct. To aspire (hopes) public confidence in the profession. To offer formal basis for evaluating actions and disciplining professionals.

13. SOFTWARE ENGINEERING ETHICS, Cont’d 1. Confidentiality Respecting the secrecy of your employers or clients regardless of whether or not a formal confidentiality agreement has been signed. 2. Competence You should not misrepresent your level of competence. He/she should not knowingly accept work that is outside your competence. 3. Intellectual property rights You should be aware of local laws governing the use of intellectual property such as patents and copyright. You should be careful to ensure that the intellectual property of employers and clients is protected.

14. Cont’d 4. Computer misuse You should not use your technical skills to misuse other people’s computers. Computer misuse ranges from relatively trivial (game playing on an employer’s machine) to extremely serious (dissemination of viruses or other malware). Nb : Professional societies and institutions have an important role to play in setting ethical standards. E.g , ACM (Association for Computing Machinery), the IEEE (Institute of Electrical and Electronic Engineers), and the British Computer Society publish a code of professional conduct or code of ethics. Members of these organizations undertake to follow that code when they sign up for membership.

15. Importance of Software Engineering Nb : The need of software engineering arises because of higher rate of change in user requirements and environment on which the software operates / is working. Aids in Development of Large software -  As the size of software become large, Complexity increases, hence engineering has to step in to give it a scientific process. Aids in better programming practices Higher productivity and better quality programs. 3. Ability to solve complex programming problems. Helps to break large problems into smaller and manageable components. Scalability-  Enabling the enhancement of existing s/w.

16. Software Engineering Profession What does s/w Engineer / software developers do? Software engineers design and create computer systems and applications to solve real-world problems. Tasks of s/w Engineers: Designing and maintaining software systems Evaluating and testing new software programs Optimizing software for speed and scalability Writing and testing code Consulting with clients, engineers, security specialists, and other stakeholders Presenting new features to stakeholders and internal customers

17. Software engineering skills Coding languages like Python, Java, C, C++, or Scala Object-oriented programming Database architecture Agile and Scrum project management Operating systems Cloud computing Version control Design testing and debugging

18. Software engineering certifications Certified Software Development Professional (CSDP) Certified Software Engineer C Certified Professional Programmer (CLP) C++ Certified Professional Programmer (CPP) Amazon Web Service Certified Developer (AWS) Microsoft Certified: Azure Fundamentals Springboard Software Engineering Career Track(SSECT) Certified Secure Software Lifecycle Professional (CSSLP)

19. Software Engineering Challenges 1. Heterogeneity Challenge. Requirement of systems to operate as distributed systems distributed across n/ ws . Necessity to integrate new s/w with old legacy s/w written in different PL. Challenge: Developing techniques for building dependable s/w that is flexible enough to cope with this heterogeneity. Delivery Challenge. Traditional SE techniques are time consuming. The nature of business environment currently are dynamic and rapidly change. Supporting s/w must emulate this scenario. Challenge: Shortening delivery time for large and complex systems without compromising on s/w quality. Trust Challenge. Develop techniques that demonstrate s/w can be trusted by users. ( eg remote systems).

20. Cont’d Cost-  S/E lowers down the development, maintenance cost. Saves development time. Dynamic Nature-  Environment where software operates is dynamic. Therefore s/w too has to evolve to match the dynamics of the environment. This calls for upgrade and enhancement of s/w regularly. This is where software engineering plays a good role. Quality Management-  Better process of software development provides better and quality software product.

21. Law The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may be enforced by the imposition of penalties. A rule defining correct procedure or behavior in a sport. The discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. A rule of conduct or action that a nation or a group of people agrees to follow. A system of rules laid down by a body or person with the power and authority to make law; A system of rules grounded on fundamental principles of morality. Set of rules which we are bound to obey (i.e. those rules which are enforced by the State). Failure to obey laws would result in us having to face certain repercussions.

22. Sources of law Law made by Parliament - This is UK domestic legislation, referred to as ‘Act’ or ‘Statutes’. Written law that expresses the will of the legislature. Law decided in courts - Referred to as ‘Case Law’ or ‘Common Law’. Decisions of judges in particular cases applied by other judges in later cases through the process of precedent.. European Union Law - Referred to as ‘EU law’ comprising law emanating from the European Commission, Council of Ministers and Court of Justice of the European Union. European Convention on Human Rights - Referred to as Human Rights Law or ECHR, emanating from the European Court of Human Rights ( ECtHR ) and now incorporated into UK law through the Human Rights Act 1998. Academic Texts - Legal opinions of Academics on the law available in texts and articles.

23. Classification of law Criminal law. Civil law (law of tort). Administrative (Regulatory) law. https://www.cisd.org/cms/lib6/TX01917765/Centricity/Domain/1257/Types%20and%20Sources%20of%20Laws-Germain.pdf

24. Criminal law. Crime: Behavior which is prohibited by the criminal code. (By Michael J, and Mortimer J.) “An act, default or conduct prejudicial to the community, the commission of which the law renders the person responsible liable to punishment by a fine or imprisonment in special proceedings”. (Osborn, P.G. in his concise law Dictionary 5th Ed.) Three major characteristics of crime. That it is harm brought about by human conduct, which the sovereign power in the state desires to prevent. That among the measures of prevention selected is the threat of punishment. That the legal proceedings of a special kind are employed to determine the guilty of the accused before being punished.

25. Criminal Law: A system of law concerned with the punishment of offenders. The body of law that defines criminal offenses, regulates theapprehension , charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

26. Functions of criminal Law   Maintaining order:   Criminal law provides predictability, letting people know what to expect from others. Without criminal law, there would be chaos and uncertainty. Resolving disputes:   The law makes it possible to resolve conflicts and disputes between quarrelling citizens. It provides a peaceful, orderly way to handle grievances. Protecting individuals and property:   Criminal law protects citizens from criminals who would inflict physical harm on others or take their possessions. Providing for smooth functioning of society:   Criminal law enables the government to collect taxes, control pollution, and accomplish other socially beneficial tasks. Safeguarding civil liberties:   Criminal law protects individual rights.

27. Principles of criminal Law 1. The legality principle: Legal ideal that  requires all law to be clear . It requires decision makers to resolve disputes by applying legal rules that have been declared beforehand, and not to alter the legal situation retrospectively by discretionary departures from established law In criminal law it means  the court should not punish people for acts or omissions that were not criminal at the time those acts or omissions took place . The principle is also thought to be violated when the punishment for a particular crime is increased with retrospective effect. It  requires the law be capable of being obeyed . If laws were kept secret that would clearly infringe the legality principle. It  requires the law be readily available to the public . If a law was made prohibiting your heart to beat in public that would clearly infringe the legality principle.

28. 2. Responsibility principle: The principle that  one should only be found guilty of crimes they are responsible for . For example, if you were to have a seizure and committed a crime as a result of that seizure, the principle may be infringed if you were punished for it. 3. The minimal Criminalization principle: The principle which articulates that  only serious offences which are adverse to society should be criminalized , but not trivial ones. If every tiny offence was criminalised we would left with heavily over-crowded prisons. 4. The proportionality principle: Means  punishment for a given crime should be roughly proportional to that crime’s seriousness . It would be an outrage if, for instance, the punishment for rape was the same as the punishment for overspeeding .

29. 5. The fair labelling principle: Principle which requires that  the description of the offence should match the wrong done  ( Chalmers and Leverick ). For example, if the defendant kills someone through negligence, ‘murder’ would not be a fair label to attach to what the defendant did.

30. Civil law / Private Law (law of tort). The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Part of a country's set of laws which is concerned with the private affairs of citizens, e.g., marriage, property ownership.  The body of law that an individual nation or state has established for itself.  The body of law having to do with the private rights of individuals. Civil law defines the rights and responsibilities of individuals, government entities and private or non-government organizations in their interactions with each other. Nb : The purpose of civil law is  to settle legal disputes between parties of people, or between parties of people and corporations . Anytime you feel you have been wronged by another person, you are entitled to pursue legal action against them in civil court.

31. Common Examples of Civil Cases. Contract Law:  Just like it sounds, contract law is employed in cases where one party believes another is in breach of a legal contract. Tort Law:  “Tort law” simply refers to any case related to personal injury or wrongdoing. Things like property damage or negligence are usually covered under tort law. Property Law:  The difference between property law and tort law is that property covers both personal and “real” property. That means that property law is not only used in cases where personal property is damaged, but where land and other assets have been mishandled. Family Law:  Family law covers any and all things family, from marriage to divorce, and adoption to child support.

32. Administrative (Regulatory) law. Deals with the decision making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, planning, environment, transport. H. W. R. Wade in his book “Administrative Law,” eighth edition, argued that administrative law is concerned with the operation and control of the power of administrative authorities with emphasis on functions rather than structure. He went further, stating that: “Administrative law is the law relating to the control of governmental powers.” Administrative law is concerned with how to confine administrative bodies to their legal role and limit. it is a branch of law that aims at keeping the powers of government within the citizen against their abuse, and where abused, to provide remedy to the aggrieved citizen.

33. BASIC PRINCIPLES OF ADMINISTRATIVE LAW Separation of powers Division of the powers and functions of government among the three separate arms of government, that is, the legislature, executive, and the judiciary. Division of powers: Legislative powers. Powers by the legislature, which is the body responsible for law making. Executive powers . Powers exercisable by the executive organ of government in performing particular act or giving particular order or making decisions generally in relation to particular statutory duties within their competence. Judicial powers . Exercised when there is an existing disputes between parties (conflict among people) between two or more parties.

34. p.t.o … Nb : The legislature has legislative powers to make laws for the country. The executive has powers to formulate policies, implements and enforce the law. The judiciary interprets the laws and adjudicates over matters brought before it.

35. Purpose of law Maintenance of public order and safety. Protection of individual rights and liberties. The organization and control of the political sphere . The regulation of economic activity. The regulation of human relationships. The preservation of a moral order. The regulation of international relations. http://www.cfpscourseweb.com/pluginfile.php/1522/block_html/content/Chapter%201%20-pdf.pdf

36. Software Law Software law refers to the legal remedies available to protect software-based assets. Software may, under various circumstances and in various countries, be restricted by patent or copyright or both. Most commercial software is sold under some kind of software license agreement. Software may be subject to protection as Intellectual property under applicable copyright, patent and trade secret laws.

37. Why software Law? In order to limit the inappropriate use of computer software we need laws that regulate and protect users. (Software has become an integral part of our daily lives. It is used in everything from business to consumer products). Computer software of some kind lies behind almost all the advanced technology that increasingly dominates our lives.” As a result software use must be governed by law. “In the same way that the law serves to protect our rights and to ensure that we perform our obligations generally, so too this principle applies to software.” However not many laws have been written specifically for software, instead laws have been developed to deal with the consequences of the technology that software enables.

38. Areas where software law helps to protect user rights. Copyright law “If you write software you would have your ownership of the software code protected under copyright.” This is an important part of software law as it provides security for software writers and developers. “Breach of copyright is always an issue – software is less of a concern now that more and more software is offered on a software as a service basis, but there is still an issue with the illicit copying of source code.” Copyright and other intellectual property laws have had to be developed to take account of rights in software code Personal Damage “If you rely upon software and that software fails and causes damage you may wish to recover damages against the owner of that software.” As with any product or service, the client has the right to receive what was promised by the supplier. When that promise is not fulfilled software law enables clients to claim back on their expenditure.

39. Privacy law “Privacy law has become an issue due in large part to the great quantities of personal information that can be processed and stored as a result of software.” Accessing or using personal information illegally is considered to be a cybercrime. According to Marshall criminal law has been amended in many jurisdictions to deal with cybercrime and other crimes made possible by modern software.

40. Challenges in implementing software law Fines for Software-Related Crimes Most fines related to software are  due to copyright infringement . In New Zealand, you could get fined up to $150,000. In the U.S., you can be fined up to $250,000 per offense. In Canada, a fine could be as much as $1 million. These worst-case scenario fines are usually for commercial-level offenses. That means if you stand to make money from breaking the copyright, these industrial-strength fines apply. Getting Sued for Software Infractions You could end up being sued for how you use your software. If you think big software companies won't be bothered enough to hunt you down... you're probably right. Hard-Time for Infringements If getting fined for thousands or sued for tens of thousands isn't bad enough, your misuse of software can actually land you in jail or prison. We're talking about doing as much time as some violent criminals. And yet again, copyright violation is at the root of most of these stories.

41. Assignment What is the future of software law? Discuss