Ethics in Hacktivism: Moral and Legal Considerations Jamie Uy
Hacktivism is the nonviolent use of illegal or legally ambiguous digital tools in pursuit of political ends, or, as defined by British technologist and writer, Ben Hammersley, “the explicit pursuit of political activism via the prankster methods that characterise the tabloid press’s typical hacker.” The term ‘hacktivism' is often applied to suggest that acts that would otherwise be classified as cybercrime or terrorism such as data theft, mail bombs, viruses, worms, and distributed denial of service attacks should be treated as acts of civil disobedience and political protest due to the hacker’s intentions. But is hacktivism a genuine form of activism, or glorified cybercrime?
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Since the role of legal institutions in legitimate states are to act as state organs for justice, and ideally, the promotion of ethics, several concerns have been raised in the last decade over how hacktivism might be punished by the law. Manion and Goodrum note that in the eyes of U.S. law, no distinction is made between hacking by itself a criminal activity and hacktivism which may be criminal, the case could be made that they should be protected under the First Amendment. Both are penalized under the same directives, which some experts have decried as unethical.
The opponents of the currentday legal framework for morally justified hacktivism include Peter Ludlow, a philosophy professor at Northwestern University. In an article for The Nation, Ludlow argues that the government gave unjustifiably harsh punishments in the cases of four hacktivists, Jeremy Hammond, Barrett Brown, Andrew Aurenheimer, and Aaron Swartz, who all aimed to liberate information for the general public that would make the governing elite vulnerable. Ludlow concluded that “the lesson appears to be that such hacking ... will not be tolerated” and criticized the government’s overbearing approach, noting that it was the norm for some cases that hacktivists or whistleblowers were sentenced to decades in jail (up to 105 years in one case). Meanwhile, pedophiles are sentenced to an average of eleven years. If the role of law is to serve justice by punishing and deterring immoral behavior, it doesn’t stand to reason that a morally ambiguous action (hacktivism) receives a harsher punishment than a universally accepted moral wrong (sexual abuse of
Julian Assange’s website, WikiLeaks made global headlines in the last few years. Assange started out by leaking documents he had acquired over the internet about banks in various European countries. Chelsea Manning, Army Private at the time stationed in Iraq joined up with Assange and delivered to him thousands of classified documents that Manning, a military intelligence analyst had access to. Manning was in contact with a former hacker named Adrian Lamo who he asked advice of, advice whether or not he should leak the documents. Manning going against Lamo’s advice of not leaking the documents caused Manning to be arrested after Lamo turned him in for the leak. This was a major blow for Wikileaks who had just lost their major source of confidential documents from the United States government. Since 9/11, the United States Government has realized that information needs to be shared among intelligence agencies in order to thwart terrorist attacks. A side effect however is that information is no longer on a need-to-know basis which made it possible for Manning to leak it all out. After receiving this confidential information, Assange began to make this information available to media outlets. Assange’s actions were morally and ethically incorrect. He should not have leaked so many classified documents especially without redacting the names of informants whose lives could have been in danger. These documents leaked by Manning to Assange were meant strictly for the eyes and ears of those who were privileged to the information, not for the front page of the New York Times. WikiLeaks and Julian Assange threatened global security as they willingly and knowingly put lives of thousands at risk by allowing the bad guys an opportunity to a...
Glenn Greenwald, a talented and widely read columnist on civil liberties for the Guardian newspaper, failed in his attempt to alarm his readers to the flagrant and widespread violations of American privacy. Although his article was full of facts, documentation, and quotes from top rank officials, the article did not convey any sense of wrong doing or outrage. Rather it was dull, lacked passion and a sense of persuasion. In fact, the only attention grabbing part in the whole article is the title.
While it is wrong to stereotype hackers as evil people with malicious criminal intentions, they cannot be stereotyped as compassionate freedom fighters as the hackers like to see themselves. Hackers must also realize that the actions of criminals will always reflect poorly on the hacker community as a whole, until the hacker community tries to police itself, which will never happen. Their actions are by definition, criminal. They can suffer consequences, which include being criminally prosecuted and hated by the information security community.
In 1971, Daniel Ellsberg, a former United States military analyst employed by the RAND Corporation, instigated a national political controversy when he released the top-secret Pentagon Papers to The New York Times (Bean, 2014). These papers exposed presidential deception about the Vietnam War by revealing that the U.S. had secretly enlarged the scale (Bean, 2014). In 2010, Chelsea (formerly Bradley) Manning, a U.S. army soldier leaked the largest set of classified documents in history to WikiLeaks (Bean, 2014). The information consisted of substantial archive of confidential government documents and the U.S. government has revealed that it was in the hands of Osama bin Laden (Bean, 2014). Even with the amount of information disclosed by these so called ‘whistleblowers,’ no official investigations into alleged war crimes or government misconduct has been issued (Bean, 2014). Both Ellsberg and Manning however, were charged with the Espionage Act of delivering factual information to American citizens. Ellsberg claimed, “The public is lied to every day by the president, by his spokespeople, by his officers. If you can't handle the thought that the president lies to the public for all kinds of reasons, you couldn't stay at that government at that level, where you're made aware of it, a week.” (Kreisler, personal communication, 1998). The privacy and civil rights abuses along with fear of...
Our generation is the first to travel within cyberspace, a virtual world that exists with all the computers that form the global network. For most people today, cyberspace is still a bewildering and alien place. How computers work and how they affect our lives is still a mystery to all but the experts, but expertise doesn't necessarily guarantee morality. Originally the word hacker meant computer enthusiasts but now that the internet has revealed its potential for destruction and profit the hacker has become the outlaw of cyberspace. Not only do hackers commit crimes that cost millions of dollars, they also publicize their illegal techniques on the net where innocent minds can find them and be seduced by the allure of power and money.
In this book Sterling discusses three cyberspace subcultures known as the hacker underworld, the realm of the cyber cops, and the idealistic culture for the cyber civil libertarians. At the beginning of the story Sterling starts out with discussing the birth of cyberspace and how it came about. The Hacker Crackdown informs the readers of the issues surrounding computer crime and the people on all sides of those problems. Sterling gives a brief summary of what cyberspace meant back then and how it impacted society, and he investigates the past, present and future of computer crimes. For instance he explains how the invention of the telephone led to a world that people were scared of because the telephone was something that was able to let people talk to one another without actually being in the same area. People thought that it was so strange and so different because they didn’t understand all of the information behind it. Back then people thought of the telephone as a tool that allowed others to talk to them in a way that was so personal yet impersonal. Sterling then goes on to explain how “phone phreaks” played such an important part in relating the telephones to computer crimes and how they were so closely related back then.
Modern scholars have in the recent decades engaged in the controversial debate on the actual classification of the group Anonymous. Some scholars classify the group as trolls while other associates it with hackers groups. As defined, hackers are individuals or groups that search and exploit the computer system weakness (Messmer 65). In most instances, hackers engage in discouraging and unappealing activities for multiple reasons including challenging the existing systems, protesting against the prevailing rules and regulations, and for profit making. On the other hand, trolls are groups of individuals who engage in the process of sowing discord on the internet through instigating arguments that aim at upsetting community members and leaders (Keith 11). Trolls are also popular for posting off-topic, extraneous, and inflammatory information on the internet. Although hackers and trolls are the main actors in the current threatening cyber crimes, the two groups have varying reasons for abusing the existing technology. Moreover, despite the existence of detailed and intensive strategies to address the two groups of crime, the actors have been outshining the global policy implementers and formulators in numerous occasions (Messmer 65). However, based on the available evidence, the Anonymous group is more of a hacker group than a troll group.
The documentary Rise of the Hackers, focuses on the rising criminal use of hacking and how it is effecting multiple areas of technology. The documentary describes simple and complicated situations concerning hacking, but there still questions that must be answered when it comes to hacking and crime. The main question is in trying to determine why a person would choose to commit computer hacking. There are various theories already present within the criminal justice system that may explain at a micro-level and macro-level. These theories would explain why offenders would commit the crimes, but it may not answer the full scope of the question. The Routine Activities Theory would help to explain why offenders offend, why victims are victimized,
...difficult to try and tell someone that ethics and moral are important for an individual or our society. Hacktivism being a recent adaptation of computer hacking has spread through out the world consistently from years ago. Some are political activists trying to make a point and achieve some goals and getting through tot the people. Hacktivist show society what the new problems are in the world without permission of the law. Some show what could happen if there was a full on cyber terrorism placed against us. In the end, these actions that were used to only show what could happen have turned into being a message that shows us they are just as dangerous as anyone else. The fear people have of hackers is about the same as criminals on the street.
The use of hacking to identify weaknesses in computer security has become an increasingly controversial issue in recent years. Awareness of this issue is important, because our ever increasing reliance on technology means that breaches in computer security have the potential to have wide-ranging and devastating consequences to society, worldwide. This essay will begin by clearly defining the term ‘hacking’ and will examine the type of people who hack and for what reasons. There will then follow a discussion of the moral argument on hacking before examining a few brief examples. The essay will then conclude by arguing against the use of hacking as a means of identifying weaknesses in computer security.
Computers were on the rise (being used more often), and so were computer crimes. How did Congress prosecute these criminals? They didn’t because couldn’t. The Computer Fraud and Abuse Act was the solution to intern...
Computer hackers in today's world are becoming more intelligent. They are realizing that people are constantly developing more hack-proof systems. This presents the hackers with a bigger challenge and a bigger thrill. The government is realizing this and is working on making harsher laws to, hopefully, scare the potential hackers. With the increase in hacking and hacker intelligence, governmental regulation of cyberspace hasn't abolished the fact that it's nearly impossible to bring a hacker to justice.
The term “hacker” has been in use since the early 1980’s due to mass media usage to describe computer criminals. The use of this term is vastly used by the general population and most are not aware that there are different meanings to the word. People within the computing community especially within the programming subculture emphasize the use of the term “crackers” for computer security intruders (cyber criminals). Early hackers rarely used their skills for financial gain as a motivation for their criminal behavior in that time cybercrime was infantile and largely seen as a practical joke or game by those who committed it. Bob Thomas created the first credited computer worm n...
The issue with tackling the ethical hacker scenario is that the event is almost entirely action based. There is no end to give meaning to the action and there is no finalized result or indication that it impacted happiness, which many ethical theories depend on. Namely consequentialism, utilitarianism and ethical egotism require an end result in one form or another. There is also no purpose in committing the hackings which makes applying moral theories that deal with motivation and intent, ethical egotism and aspects of virtue ethics, increasingly more difficult to do effectively. Therefore moral theories that apply almost exclusively to the action itself will be utilized in this argument.
Harvey, Brian. A. Computer Hacking and Ethics. Ed. Paul Goodman, P.G., a.k.a. Electrical Engineering and Computer Science.