XII – IP

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UNIT 4 - SOCIETAL IMPACTS

Second Part

Digital footprint, net and communication etiquettes, data protection, intellectual property rights (IPR), plagiarism, licensing and copyright, free and open source software (FOSS), cybercrime and cyber laws, hacking, phishing, cyber bullying, overview of Indian IT Act.

E-waste: hazards and management. Awareness about health concerns related to the usage of technology.

2024.25 Syllabus

6.4 Data Protection

In this digital age, data or information protection is mainly about the privacy of data stored digitally.

Elements of data that can cause substantial harm, embarrassment, inconvenience and unfairness to an individual, if breached or compromised, is called sensitive data.

Examples of sensitive data include biometric information, health information, financial information, or other personal documents, images or audios or videos.

Privacy of sensitive data can be implemented by encryption, authentication, and other secure methods to ensure that such data is accessible only to the authorised user and is for a legitimate purpose.

All over the world, each country has its own data protection policies (laws). These policies are legal documents that provide guidelines to the user on processing, storage and transmission of sensitive information. The motive behind implementation of these policies is to ensure that sensitive information is appropriately protected from modification or disclosure.

6.4.1 Intellectual Property Right (IPR) :

If someone comes out with a new idea, this original idea is that person’s intellectual property. Intellectual Property refers to the inventions, literary and artistic expressions, designs and symbols, names and logos.

The ownership of such concepts lies with the creator, or the holder of the intellectual property. This enables the creator or copyright owner to earn recognition or financial benefit by using their creation or invention.

Intellectual Property is legally protected through copyrights, patents, trademarks, etc.

(A) Copyright:

Copyright grants legal rights to creators for their original works like writing, photograph, audio recordings, video, sculptures, architectural works, computer software, and other creative works like literary and artistic work.

Copyrights are automatically granted to creators and authors. Copyright law gives the copyright holder a set of rights that they alone can avail legally. The rights include right to copy (reproduce) a work, right to create derivative works based upon it, right to distribute copies of the work to the public, and right to publicly display or perform the work. It prevents others from copying, using or selling the work. For example, writer Rudyard Kipling holds the copyright to his novel, ‘The Jungle Book’, which tells the story of Mowgli, the jungle boy. It would be an infringement of the writer’s copyright if someone used parts of the novel without permission. To use other’s copyrighted material, one needs to obtain a license from them.

(B) Patent:

A patent is usually granted for inventions. Unlike copyright, the inventor needs to apply (file) for patenting the invention. When a patent is granted, the owner gets an exclusive right to prevent others from using, selling, or distributing the protected invention. Patent gives full control to the patentee to decide whether or how the invention can be used by others. Thus it encourages inventors to share their scientific or technological findings with others. A patent protects an invention for 20 years, after which it can be freely used. Recognition and/or financial benefit foster the right environment, and provide motivation for more creativity and innovation.

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(C) Trademark:

Trademark includes any visual symbol, word, name, design, slogan, label, etc., that distinguishes the brand or commercial enterprise, from other brands or commercial enterprises. For example, no company other than Nike can use the Nike brand to sell shoes or clothes. It also prevents others from using a confusingly similar mark, including words or phrases. For example, confusing brands like “Nikke” cannot be used. However, it may be possible to apply for the Nike trademark for unrelated goods like notebooks.

6.4.2 Licensing:

A license is a type of contract or a permission agreement between the creator of an original work permitting someone to use their work, generally for some price; whereas copyright is the legal rights of the creator for the protection of original work of different types.

Licensing is the legal term used to describe the terms under which people are allowed to use the copyrighted material.

A software license is an agreement that provides legally binding guidelines pertaining to the authorised use of digital material. The digital material may include any software or any form of art, literature, photos, etc., in digital form. Any such resource posted on the Internet constitutes intellectual property and must be downloaded, used or distributed according to the guidelines given in the license agreement. Failure to follow such guidelines is considered as an infringement of Intellectual Property Rights (IPR), and is a criminal offence.

6.4.3 Violation of IPR:

Violation of intellectual property right may happen in one of the following ways:

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(A) Plagiarism:

With the availability of Internet, we can instantly copy or share text, pictures and videos. Presenting someone else’s idea or work as one’s own idea or work is called plagiarism.

If we copy some contents from Internet, but do not mention the source or the original creator, then it is considered as an act of plagiarism.

Further, if someone derives an idea or a product from an already existing idea or product, but instead presents it as a new idea, then also it is plagiarism.

It is a serious ethical offense and sometimes considered as an act of fraud. Even if we take contents that are open for public use, we should cite the author or source to avoid plagiarism.

(B) Copyright Infringement:

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Copyright infringement is when we use other person’s work without obtaining their permission to use or we have not paid for it, if it is being sold.

Suppose we download an image from the Internet and use it in our project. But if the owner of the copyright of the image does not permit its free usage, then using such an image even after giving reference of the image in our project is a violation of copyright.

Just because it is on the Internet, does not mean that it is free for use. Hence, check the copyright status of writer’s work before using it to avoid copyright infringement.

(C) Trademark Infringement:

Trademark Infringement means unauthorised use of other’s trademark on products and services. An owner of a trademark may commence legal proceedings against someone who infringes its registered trademark.

6.4.4 Public Access and Open Source Software

  Copyright sometimes put restriction on the usage of the copyrighted works by anyone else. If others are allowed to use and built upon the existing work, it will encourage collaboration and would result in new innovations in the same direction.

Licenses provide rules and guidelines for others to use the existing work. When authors share their copyrighted works with others under public license, it allows others to use and even modify the content.

Open source licenses help others to contribute to existing work or project without seeking special individual permission to do so.

The GNU General Public License (GPL) and the Creative Commons (CC) are two popular categories of public licenses.

CC is used for all kind of creative works like websites, music, film, literature, etc. CC enables the free distribution of an otherwise copyrighted work. It is used when an author wants to give people the right to share, use and build upon a work that they have created.

GPL is primarily designed for providing public licence to a software. GNU GPL is another free software license, which provides end users the freedom to run, study, share and modify the software, besides getting regular updates.

Users or companies who distribute GPL licensed works may charge a fee for copies or give them free of charge. This distinguishes the GPL license from freeware software licenses like Skype, Adobe Acrobat reader, etc. that allow copying for personal use but prohibit commercial distribution, or proprietary licenses where copying is prohibited by copyright law.

Many of the proprietary software that we use are sold commercially and their program code (source code) are not shared or distributed.

Free and open source software (FOSS) : Software available freely for anyone and their source code is also open for anyone to access, modify, correct and improve.

Free and open source software (FOSS) has a large community of users and developers who are contributing continuously towards adding new features or improving the existing features. For example, Linux kernel-based operating systems like Ubuntu and Fedora come under FOSS.

Some of the popular FOSS tools are office packages, like Libre Office, browser like Mozilla

Firefox, etc.

Software piracy is the unauthorised use or distribution of software. Those who purchase a license for a copy of the software do not have the rights to make additional copies without the permission of the copyright owner. It amounts to copyright infringement regardless of whether it is done for sale, for free distribution or for copier’s own use. One should avoid software piracy. Using a pirated software not only degrades the performance of a computer system, but also affects the software industry which in turn affects the economy of a country.

6.5 Creative Commons :

Creative Commons is a non-profit organisation (https://creativecommons.org/) that aims to build a publically accessible global platform where a range of creative and academic works are shared freely. Any one across the globe can access them, share them, and even use them for creating their own work out of it without infringing the copyright or Intellectual Property rights of the owners. In fact, it gives proper attribution to the owners.

The Creative Commons organisation provides Creative Commons (CC) licenses free of charge. It allows owners of a work to grant copyright permissions for their creative and/or academic works in a free, simple and standardised way.

A CC license is a type of copyright license that enables the free distribution of anybody’s copyrighted work. This license is used when an author wants to give others the right to share, use and extend the work done by them.

The work licensed under CC is governed by the Copyright law and so applies to all types of work including art, music, literature, dramatics, movies, images, educational resources, photographs and software. The CC Search feature of the online platform makes the licensed material easier to find. The author of the content is given full freedom to set up conditions to use their work.

The owner of a work can combine these conditions to create six different types of CC licenses.

Creative Commons (CC) Licenses

6.6 Cyber Crime

Criminal activities or offences carried out in a digital environment can be considered as cyber crime.

In such crimes, either the computer itself is the target or the computer is used as a tool to commit a crime.

Cyber crimes are carried out against either an individual, or a group, or an organisation or even against a country, with the intent to directly or indirectly cause physical harm, financial loss or mental harassment.

A cyber criminal attacks a computer or a network to reach other computers in order to disable or damage data or services. Apart from this, a cyber criminal may spread viruses and other malwares in order to steal private and confidential data for blackmailing and extortion.

A computer virus is some lines of malicious code that can copy itself and can have detrimental effect on the computers, by destroying data or corrupting the system.

Similarly, malware is a software designed to specifically gain unauthorised access to computer systems. The nature of criminal activities are alarmingly increasing day-by-day, with frequent reports of hacking, ransomware attacks, denial-of-service, phishing, email fraud, banking fraud and identity theft.

Hacking:

Hacking is the act of unauthorised access to a computer, computer network or any digital system. Hackers usually have technical expertise of the hardware and software. They look for bugs to exploit and break into the system.

Hacking, when done with a positive intent, is called ethical hacking. Such ethical hackers are known as white hat hackers. They are specialists in exploring any vulnerability or loophole by during testing of the software. Thus, they help in improving the security of a software. An ethical hacker may exploit a website in order to discover its security loopholes or vulnerabilities. He then reports his findings to the website owner. Thus, ethical hacking is actually preparing the owner against any cyber attack.

A non-ethical hacker is the one who tries to gain unauthorised access to computers or networks in order to steal sensitive data with the intent to damage or bring down systems. They are called black hat hackers or crackers. Their primary focus is on security cracking and data stealing. They use their skill for illegal or malicious purposes. Such hackers try to break through system securities for identity theft, monetary gain, to bring a competitor or rival site down, to leak sensitive information, etc.

Phishing and Fraud Emails:

Phishing is an unlawful activity where fake websites or emails that look original or authentic are presented to the user to fraudulently collect sensitive and personal details, particularly usernames, passwords, banking and credit card details.

The most common phishing method is through email spoofing where a fake or forged email address is used and the user presumes it to be from an authentic source. So you might get an email from an address that looks similar to your bank or educational institution, asking for your information, but if you look carefully you will see their URL address is fake. They will often use logo’s of the original, making them difficult to detect from the real! Phishing attempts through phone calls or text messages are also common these days.

(A) Identity Theft :Identity thieves increasingly use personal information stolen from computers or computer networks, to commit fraud by using the data gained unlawfully. A user’s identifiable personal data like demographic details, email ID, banking credentials, passport, PAN, Aadhaar number and various such personal data are stolen and misused by the hacker on behalf of the victim. This is one type of phishing attack where the intention is largely for monetary gain. There can be many ways in which the criminal takes advantage of an individual’s stolen identity.

Given below are a few examples:

• Financial identity theft: when the stolen identity is used for financial gain.

• Criminal identity theft: criminals use a victim’s

stolen identity to avoid detection of their true identity.

• Medical identity theft: criminals can seek medical drugs or treatment using a stolen identity.

Ransomware:

This is another kind of cyber crime where the attacker gains access to the computer and blocks the user from accessing, usually by encrypting the data. The attacker blackmails the victim to pay for getting access to the data, or sometimes threatens to publish personal and sensitive information or photographs unless a ransom is paid.

Ransomware can get downloaded when the users visit any malicious or unsecure websites or download software from doubtful repositories.

Some ransomware are sent as email attachments in spam mails. It can also reach our system when we click on a malicious advertisement on the Internet.

Combatting and Preventing Cyber Crime :

The challenges of cyber crime can be mitigated with the twin approach of being alert and taking legal help.

Following points can be considered as safety measures to reduce the risk of cyber crime:

• Take regular backup of important data.

• Use an antivirus software and keep it updated always.

• Avoid installing pirated software. Always download software from known and secure (HTTPS) sites.

• Always update the system software which include the Internet browser and other application software

• Do not visit or download anything from untrusted websites.

• Usually the browser alerts users about doubtful websites whose security certificate could not be verified; avoid visiting such sites.

• Use strong password for web login, and change it periodically. Do not use same password for all the websites. Use different combinations of alphanumeric characters including special characters. Ignore common words or names in password.

• While using someone else’s computer, don’t allow browser to save password or auto fill data, and try to browse in your private browser window.

• For an unknown site, do not agree to use cookies when asked for through a Yes/No option.

• Perform online transaction like shopping, ticketing, and other such services only through well-known and secure sites.

• Always secure wireless network at home with strong password and regularly change it.

6.7 Indian Information Technology Act (IT Act): With the growth of Internet, many cases of cyber crimes, frauds, cyber attacks and cyber bullying are reported.

The nature of fraudulent activities and crimes keeps changing. To deal with such menaces, many countries have come up with legal measures for protection of sensitive personal data and to safeguard the rights of Internet users.

The Government of India’s The Information Technology Act, 2000 (also known as IT Act), amended in 2008, provides guidelines to the user on the processing, storage and transmission of sensitive information. In many Indian states, there are cyber cells in police stations where one can report any cyber crime.

The act provides legal framework for electronic governance by giving recognition to electronic records and digital signatures. The act outlines cyber crimes and penalties for them. Cyber Appellate Tribunal has been established to resolve disputes arising from cyber crime, such as tampering with computer source documents, hacking the computer system, using password of another person, publishing sensitive personal data of others without their consent, etc. The act is needed so that people can perform transactions over the Internet through credit cards without fear of misuse. Not only people, the act empowers government departments also to accept filing, creation and storage of official documents in the digital format.

6.8 E-waste: Hazards and Management

E-waste or Electronic waste includes electric or electronic gadgets and devices that are no longer in use. Hence, discarded computers, laptops, mobile phones, televisions, tablets, music systems, speakers, printers, scanners etc. constitute e-waste when they are near or end of their useful life.

E-waste is becoming one of the fastest growing environmental hazards in the world today. The increased use of electronic equipment has also caused an exponential increase in the number of discarded products. Lack of awareness and appropriate skill to manage it has further worsened the problem.

So, Waste Electrical and Electronic Equipment (WEEE) is becoming a major concern for all countries across the world. Globally, e-waste constitutes more than 5 per cent of the municipal solid waste. Therefore, it is very important that e-waste is disposed of in such a manner that it causes minimum damage to the environment and society.

Impact of e-waste on environment:

To some extent, e-waste is responsible for the degradation of our environment. Whether it is emission of gases and fumes into the atmosphere, discharge of liquid waste into drains or disposal of solid e-waste materials, all of this contributes to environmental pollution in some way or the other.

When e-waste is carelessly thrown or dumped in landfills or dumping grounds, certain elements or metals used in production of electronic products cause air, water and soil pollution. This is because when these products come in contact with air and moisture, they tend to leach. As a result, the harmful chemicals seep into the soil, causing soil pollution. Further, when these chemicals reach and contaminate the natural ground water, it causes water pollution as the water becomes unfit for humans, animals and even for agricultural use. When dust particles loaded with heavy metals enters the atmosphere, it causes air pollution as well.

Impact of e-waste on humans:

The electrical or electronic devices are manufactured using certain metals and elements like lead, beryllium, cadmium, plastics, etc. Most of these materials are difficult to recycle and are considered to be toxic and carcinogenic. If e-waste is not disposed of in proper manner, it can be extremely harmful to humans, plants, animals and the environment as discussed below:

• One of the most widely used metals in electronic devices (such as monitors and batteries) is lead. When lead enters the human body through contaminated food, water, air or soil, it causes lead poisoning which affects the kidneys, brain and central nervous system. Children are particularly vulnerable to lead poisoning.

• When e-waste such as electronic circuit boards are

burnt for disposal, the elements contained in them create a harmful chemical called beryllium which causes skin diseases, allergies and an increased risk of lung cancer. Burning of insulated wires to extract copper can cause neurological disorders.

• Some of the electronic devices contain mercury which causes respiratory disorders and brain damage.

• The cadmium found in semiconductors and resistors can damage kidneys, liver and bones.

• None of the electronic devices are manufactured without using plastics. When this plastic reacts with air and moisture, it passes harmful chemicals into the soil and water resources. When consumed, it damages the immune system of the body and also causes various psychological problems like stress and anxiety.

Management of e-waste:

E-waste management is the efficient disposal of e-waste. Although we cannot completely destroy e-waste, still certain steps and measures have to be taken to reduce harm to the humans and environment. Some of the feasible methods of e-waste management are reduce, reuse and recycle.

• Reduce: We should try to reduce the generation of e-waste by purchasing the electronic or electrical devices only according to our need. Also, they should be used to their maximum capacity and discarded only after their useful life has ended. Good maintenance of electronics devices also increases the life of the devices.

• Reuse: It is the process of re-using the electronic or electric waste after slight modification. The electronic equipment that is still functioning should be donated or sold to someone who is still willing to use it. The process of re-selling old electronic goods at lower prices is called refurbishing.

• Recycle: Recycling is the process of conversion of electronic devices into something that can be used again and again in some or the other manner. Only those products should be recycled that cannot be repaired, refurbished or re-used. To promote recycling of e-waste many companies and NGOs are providing door-to-door pick up facilities for collecting the e-waste from homes and offices.

E-waste Management in India:

In India, the Environmental Protection Act, 1986, has been enacted to punish people responsible for causing any form of pollution by paying for the damage done to the natural environment. According to this act, “Polluter pays Principle”, any one causing any form of pollution will pay for the damage caused. Any violation of the provisions of this act is liable for punishment.

The Central Pollution Control Board (CPCB) has issued a formal set of guidelines for proper handling and disposal of e-waste. According to these guidelines, the manufacturer of any electronic equipment will be “personally” responsible for the final safe disposal of the product when it becomes an e-waste.

The Department of Information Technology (DIT), Ministry of Communication and Information Technology, has also issued a comprehensive technical guide on “Environmental Management for Information Technology Industry in India.” The industries have to follow these guidelines for recycling and reuse of e-waste.

In order to make the consumers aware of the recycling of e-waste, prominent smartphone and computer manufacturing companies have started various recycling programs.

6.9 Impact on Health

As digital technologies have penetrated into different fields, we are spending more time in front of screens, be it mobile, laptop, desktop, television, gaming console, music or sound device. But interacting in an improper posture can be bad for us — both physically, and mentally.

Besides, spending too much time on Internet can be addictive and can have a negative impact on our physical and psychological well being.

However, these health concerns can be addressed to some extent by taking care of the way we position such devices and the way we position our posture.

Ergonomics is a branch of science that deals with designing or arranging workplaces including the furniture, equipment and systems so that it becomes safe and comfortable for the user.

Ergonomics helps us in reducing the strain on our bodies — including the fatigue and injuries due to prolonged use. When we continuously look at the screen for watching, typing, chatting or playing games, our eyes are continuously exposed to the glare coming from the screens. Looking at small handheld devices makes it worse.

Eye strain is a symptom commonly complained by users of digital devices. Ergonomically maintaining the viewing distance and angle, along with the position can be of some help. Figure shows the posture to be maintained in order to avoid fatigue caused due to prolonged use of computer system and other digital devices.

However, to get rid of dry, watering, or itchy eyes, it is better to periodically focus on distant objects, and take a break for outdoor activities.

Correct posture while sitting in front of a computer

Bad posture, backaches, neck and shoulder pains can be prevented by arranging the workspace as recommended by ergonomics.

Overuse of keyboards (be it physical keyboard or touchscreen-based virtual keyboard) not aligned ergonomically, can give rise to a painful condition of wrists and fingers, and may require medical help in the long run.

Stress, physical fatigue and obesity are the other related impacts the body may face if one spends too much time using digital devices.

Summary: • Digital footprint is the trail of data we leave behind when we visit any website (or use any online application or portal) to fill-in data or perform any transaction.

• A user of digital technology needs to follow certain etiquettes like net-etiquettes, communication etiquettes and social media-etiquettes.

• Net-etiquette includes avoiding copyright violations, respecting privacy and diversity of users, and avoiding cyber bullies and cyber trolls, besides sharing of expertise.

• Communication-etiquette requires us to be precise and polite in our conversation so that we remain credible through our remarks and comments.

• While using social media, one needs to take care of security through password, be aware of fake information and be careful while befriending unknowns. Care must be taken while sharing anything on social media as it may create havoc if being mishandled, particularly our personal, sensitive information.

• Intellectual Property Rights (IPR) help in data protection through copyrights, patents and trademarks. There are both ethical and legal aspects of violating IPR. A good digital citizen should avoid plagiarism, copyright infringement and trademark infringement.

• Certain software are made available for free public access. Free and Open Source Software (FOSS) allow users to not only access but also to modify (or improve) them.

• Cyber crimes include various criminal activities carried out to steal data or to break down important services. These include hacking, spreading viruses or malware, sending phishing or fraudulent emails, ransomware, etc.

• Excessive usage of digital devices has a negative impact on our physical as well as psychological well-being. Ergonomic positioning of devices as well as our posture are important.