1. What is a profession?

   The notion of a regulated profession arises when the practices of some recognized group have the potential for significantly affecting the public good. In particular, when the malpractice of the group has potential for causing significant harm. So, when considering whether an activity should become a regulated profession one must ask these questions:

   • Does the activity have the potential for significant adverse impact on public welfare?

   • Is there a well-defined notion of practice and malpractice?

   • Is there a recognizable group of individuals performing the activity?

   Without question, the activity of running programs on computers has enormous impact on society, both good and bad. As for the other two questions it is not clear that they have affirmative answers. Answering these is the essence of the issue of whether computing science and software engineering are professions.

   
   
   

2. Computing And Accountibility - Helen Nissenbaum

   • "accountability is systematically undermined in our computerized society"

   • Accountability, Blame, and Responsibility

     • Two conditions required to determine whether someone is responsible for a harm:

       • a causal condition (a persons' actions or omissions must have caused the harm)

       • a mental condition (the person must have intended, or willed the harm)

     • The mental condition can be weakened to include even unintentional harm if harm is brought about through negligence (this broader definition of the mental condition can be referred to as the fault condition)

     • the causal condition can be weakened to include situations where the individual's actions were only one causal factor among a number of others

     • these variations can make drawing lines difficult when determining who is to blame

     • to be strictly liable for a harm inflicted without the fault condition in place is to be liable to compensate for it even though one did not bring it about through faulty action

       • eg. a dairy who takes a reasonable degree of care in maintaining high health standards will still be found strictly liable for spoiled milk products which cause illness

       • this may appear unjust to the individual, but it benefits society as a whole by providing incentive for companies and individuals to take extraordinary care with regards to minimizing harm done to others

   • Four Barriers To Accountibility

     • The Problem Of Many Hands

       • computer systems are often developed by teams

       • the locus of decision making is often far from the most direct causal antecedant (the decision maker is often not the one who implemented the faulty decision)

       • computer systems often incorporate pre-existing code, the authors of which may be long forgotten

       • computer systems often operate within complex symbiotic relationships to the hardware they run on -- it can be hard to determine what happened

       • "We should not, however, confuse the obscuring of accountability due to collective action, with the absence of blameworthiness" -- we cannot accept "agentless mishaps"

     • Bugs

       • viewing bugs as unavoidable hazards in the software industry should not be allowable to such an extent that this mindset begins to excuse sloppiness and carelessness as inevitable

       • if bugs are that inevitable, should such bug-ridden software be considered ready for important uses?

     • "It's the Computer's Fault": The Computer As Scapegoat

       • we do not blame the gun for the murder, we blame the person who shot the gun

       • people attribute human characteristics to machines but this is not a reasonable thing to do -- it cannot be "the computer's fault" any more than it can be "the automobile's fault".

     • Ownership without Liability

       • "the trend in the software industry is to demand maximal property protection while denying, to the extent possible, accountability"

       • licensing agreements and disclaimers attempt to remove responsibility from the owners of the software and instead place the responsibility on those licensing the software to ensure that it does not directly or indirectly cause harm

   • Maintaining Accountability In A Computerized Society: Reccomendations

     1. Keep Accountablilty Distinct From Liability To Compensate

        • being accountable to society does not allow one to be 'let off the hook' after paying off whatever financial liabilities their actions or negligence may have incurred

        • if several individuals are collectively responsible for a harm, they should all be considered completely accountable, because "many hands ought not make the burden of accountability light"

     2. Clarify And Vigorously Promote A Substantive Standard Of Care

        • ensure that software professionals follow software engineering principles -- ensure that they take these guidelines seriously

        • evaluate how rigorously these principles were adhered to -- this can help provide a less arbitrary method of assessing accountability

     3. Impose Strict Liability for Defective Consumer-Oriented Software, as Well as for Software Whose Impact on Society and Individuals Is Great

        • shift the burden of accountability to the producers of defective software

        • force software producers to take extraordinary measures to make sure their product is safe

   
   
   

3. Liability For Defective Electronic Information - Pamela Samuelson

   • "The general public seems largely unaware of the risks of defective software"

   • "there have been far more injuries from defective software than litigations about defective software"

   • "when an electronic information product behaves like a machine, the law will treat it with the same strict rules it has adopted for dealing with defective machines"

   • what about when the software behaves more like a book than a machine?

     • publishers, authors and booksellers are not generally held liable for erroneous information contained in books

     • only when the author defames an individual or claims to be a 'professional' is there a possibility of liability

     • these restrictions are important if society wishes not to infringe upon the free exchange of ideas and information

   • An example of Software Behaving Like A Book

     • "Harry's Medical Home Companion" -- Harry is NOT a medical professional of any sort

     • If there is an error in Harry's book, he is not liable, because he is not a medical professional, nor has he attempted to portray himself as such. As well, publishers and booksellers are not liable for any damage which may result from any errors contained in Harry's book

     • The information is an unwarranted part of the goods

   • "Unless the author claims to be an expert on the subject, the law may not impose a higher duty on the author than it would impose on the reader (who, after all, must use his or her own judgement before taking an author's advice)"

   • However, some professional tools, such as aeronautical charts may be deemed "products" to which strict liability rules should apply, with the argument that the consumers of such a product rely upon the expertise of the creators, much as they would rely on the expertise of any other manufacturers' expertise

   • There are several reasons why electronic information providers may be more at risk from liability suits than print information providers:

     • naive customers may think (perhaps erroneously) that because the information product appears to be in computerized form that it is more trustworthy -- as well, these customers will rely heavily on the expertise of the creators of this electronic information product

     • so little of the value of the electronic information product is tied to it's physical medium -- liability issues would most reasonably be tied to it's valuable component, which is the information within

     • electronic information products often perform a task, rather than simply instructing the user in how to perform a task (and as well leaving them free to exercise their own judgement)

   • In the US, "Electronic information providers may want to begin thinking more about First Amendment issues and where they stand (or want to stand) in relation to print publishers and other media types".

   
   
   

4. Professional Ethics - Deborah G. Johnson

   • Conflicting Loyalties:

     • If an engineer feels that a project they are working on is unsafe, do they have a moral responsibility to speak out against it, even if it may jeopardize their employment?

   • System Security:

     • If an engineer is contracted to build a low-security system, should they do so even if they feel the security level is not adequate?

   • Conflict Of Interest:

     • Should a consultant make it clear to clients if they have ties to any software companies they recommend?

   • Why Professional Ethics?

     • laypersons are not allowed to do what professionals may do, nor are they expected to behave the way professionals are expected to

     • professionals function in a specific, often highly complex context

     • professionals have the power to affect the world ("efficacy") because their skill and knowledge give them the ability, and their jobs give them the opportunity

   • Are Computer Professionals "Professionals"?

     • Characteristics often associated with Professions:

       1. Professions require mastery of a great deal of knowledge, usually acquired through higher education

       2. Professionals generally have a great deal of autonomy

       3. Generally there exists a professional organization that controls admission to the profession and sets standards

       4. Professions fulfill an important social function

     • Computer professionals have mastered an esoteric body of knowledge

     • Computer professionals have varying degrees of autonomy

     • There is no single organization governing the profession of computing

     • Computing is an activity which supports social institutions which in turn are aimed at fulfilling a variety of social functions

     • Computing does not appear to be a 'profession' in the strictest sense, the way law and medicine are professions, but it is more of a 'profession' than carpentry or stock brokering.

   • Professional Relationships

     • Employer-Employee

       • contractual relationship: each party agrees to do certain things in exchange for other things

       • it is wrong for either the employee or the employer to exploit the other

       • each party must be honest

       • what does the employee owe the employer in terms of loyalty?

         • there are limits to what should be done in the name of loyalty

         • should the employee buy only company products, and vote for political candidates who view the company favorably?

         • non-disclosure agreements?

         • should employers try to prevent employees from moving on and seeking other employment in the industry?

     • Client-Professional

       • essentially contractual -- each party has something the other wants, and they agree to the terms of the relationship

       • an important characteristic, however, is the disparity of knowledge between the two parties

       • 3 Models proposed to describe how to handle this disparity:

         1. Agency -- professional should simply implement what the client requests, client retains all decision-making authority, problematic because the client may not be making the most informed decision

         2. Paternalistic -- all decision-making authority goes to the professional, problematic because the client is completely at the mercy of the professional

         3. Fiduciary -- both parties trust one another and work together

     • Society-Professional

       • when professionals act in their professional roles, this affects others who are neither employees nor clients

       • this relationship is to an extent governed by laws designed to preserve the welfare of society

       • laws cannot anticipate all possible scenarios, of course -- professionals must evaluate to the best of their abilities the impact on society which will be made by their actions

       • social contract -- society gives the professionals the right to practice, and receives the benefits of having such professionals. In return, professionals recieve the right to practice, and take on the responsibility of managing themselves so as to maintain the public interest

       • "Other things being equal, one should exercise due care to avoid contributing to significantly harming others. Whenever one is in a position to contribute to greater harm or when one is in a position to play a more critical part in producing harm than is another person, one must exercise greater care to avoid so doing". -- Kenneth Alpern

     • Professional-Professional

       • the special treatment one professional gives to another may sometimes be good and sometimes be bad

       • loyalty to a fellow professional can at some times appear to conflict with a dedication to preserving the best interests of society as a whole

       • every professional has an interest in maintaining the integrity of the profession as a whole

   • Conflicting Responsibilities

     • it is common for employees to feel conflict between loyalty to an employer and responsibility to society as a whole

       • a computer professional employed in a large company has very little autonomy

       • computer professionals often work on only a small piece of a large problem

       • computer professionals are often quite distant from the ultimate effects of their activities

       • to implement a large project, this division of labour is necessary

       • acts of whistleblowing arise due to these situational factors

       • whistleblowers opt against loyalty to their employer in favor of protecting society

   
   
   

5. Codes Of Ethics - Michael Martin and Roland Schinzinger

   • Roles Of Codes

     • Inspiration And Guidance -- codes provide a positive stimulus for ethical conduct and helpful guidance and advice concerning the main obligations of engineers

     • Support -- codes give positive support to those seeking to act ethically

     • Deterrence And Discipline -- a prudential motive for not acting immorally is used as a deterrent

     • Education And Mutual Understanding -- codes are widely circulated and officially approved by professional societies, so they can be used in the classroom and elsewhere to prompt discussion and reflection on moral issues

     • Contributing To The Profession's Public Image -- codes can present a positive image to the public of an ethically committed profession

     • Protecting the Status Quo -- codes establish ethical conventions, which can help promote an agreed upon level of ethical conduct

     • Promoting Business Interests -- codes can place restrictions on business dealings in order to benefit those within the profession (this can be somewhat self-serving)

   • Codes And The Experimental Nature Of Engineering

     • Which of the above functions of codes are the most valuable?

     • The supportive nature of codes seems particularly important in a workplace scenario -- engineers need to be free to voice their opinions over important engineeringissues (safety being one of them) and a code of ethics must be in place to provide a counterbalance in the workplace -- where freedom of speech may not be fully endorsed

     • Guidance, inspirational, and educational functions of codes are also important

     • Disciplinary functions may be of secondary importance because generally one who steps out of line in the engineering profession can be subject to legal ramifications

     • The worst abuse of engineering codes occurs when the honest moral effort of individuals is restricted in an attempt to maintain or enhance the public opinion of the profession as a whole.

     • The codes must not be 'sacred documents' -- ongoing criticism and reevaluation of them will ensure that they grow and change to be ever more relevant and timely

   • Limitations Of Codes

     • Codes are restricted to general and vague wording

     • Different entries in the code may be interpreted as conflicting

     • Codes cannot serve as the final moral authority for professional conduct

     • The proliferation of codes can lead to a feeling amongst the engineering community that none of the codes is particularly "right" and that ethical conduct is really "relative".

   
   
   

6. IEEE/ACM Software Engineering Codes Of Ethics

   ieee-acm-se-ethics-code.htm

   
   
   

7. Revision Information
   • Revision 1.0.0, 2000-09-13, Initial draft version.
   • Revision 1.0.1, 2000-11-14, Minor typo fixes

Copyright © 2000, University of Alberta. This document was produced using the Apalon markup language, developed by the Software Engineering Research Lab, Dept. of Computing Science, U of A. Apalon is implemented in Perl, http://www.perl.org. Every computing scientist should know Perl.