Chapter 7 Quiz
Chapter 7 – Quiz 7
Using argument components discussed in Chapter 3, assess arguments for and against the use of biometric technologies for security, especially in airports and large stadiums. (a) Should biometric technologies such as face-recognition programs and iris scanners be used in public places to catch criminals? Since 9/11 there is much more support for these technologies than there was when biometrics were used at Super Bowl XXXV in January 2001. (b) Granted that such technologies can help the government to catch criminals and suspected terrorists, what kinds of issues do they raise from a civil liberties perspective? (c) Compare the arguments for and against the use of biometric technologies in tracking down criminals to arguments discussed in Chapter 5. (d) Do you support the use of biometrics in large, public gathering places in the United States?
Face recognition programs and iris scanners should be used in public places in order to identify suspects or criminals that are wanted and pose a significant risk to society. In weighing the right to privacy against protection and security, the latter would have more weight.
There are issues of the right to privacy involved in these technologies as well as the right to be free from unreasonable searches and seizures as protected by the constitution.
Opponents of biometric technologies claim that it is a specific and targeted method of already known criminals and terrorists rather than just a fishing expedition. Proponents of biometric technologies claim an invasion of civil liberties. Today, biometric technology is being used for personal security and business security.
I support the use of biometrics in large public gathering places in the United States so long as it remains a method to search for specific individuals. I do not believe that the use of biometrics invades privacy. It seems to me that biometrics is less of a threat to privacy than the taking of a photograph on a camera. It is used for in the search for specific individuals and it will not be provided to others for dissemination.
In looking at the case of Internet entrapment involving a pedophile that was discussed in this chapter (a) which arguments can be made in favor of entrapment or “sting operations” on the internet? (b) From a utilitarian perspective, entrapment might seem like a good thing because it may achieve desirable consequences, but can it be defended on constitutional grounds in the United States? (c) Justify your position by appealing to one or more of the ethical theories described back in Chapter 2.
Entrapment in pedophile cases can save children and/or reduce the amount of harm a child is exposed to by potential or probable pedophiles online. In fact, this is a common practice today and many offenders are alleging entrapment yet face a sentence of imprisonment instead.
Although entrapment appears to violate rights of privacy and fairness for offenders, the violations are justified because they protect individuals from harm.
Under the consequence based ethical theory, an act is morally permissible if the consequence produces the greatest amount of good for the greatest amount of people. The act of entrapment is morally permissible because it produces a significant amount of good to a large number of at risk children. Stopping the pedophile through entrapment is morally permissible as the consequence is ethical.
(a) Are the distinctions that were drawn between cyberspecific and cyberrelated crimes useful? (b) Why would cyberstalking be classified as a cyberrelated crime, according to this distinction? (c) Among cyberrelated crimes, is it useful to distinguish further between cyberexacerbated and cyberassisted crimes? (d) Why would cyberstalking be categorized as a “cyberexacerbated” rather than a cyberassisted crime? (e) Why not simply call every crime in which cybertechnology is either used or present a cybercrime? (f) Would doing so pose any problems for drafting coherent cybercrime legislation?
Cyber specific crimes are crimes that occur specifically in cyberspace like cyber piracy, cyber trespass and cyber vandalism. Cyber related crimes, on the other hand, are crimes that are either exacerbated by the use of the internet (cyber exacerbated crimes) or the internet is used to assist in the crime (cyber assisted crimes)
Cyber stalking is a cyber related crime because cyberspace is used to perpetrate the crime. The internet is used to assist the stalker in the commission of his crime. Cyberstalking is not an uncommon crime. In fact, people of all ages face charges of this crime. A seventy-year-old woman was sentenced to life in Pennsylvania for cyberstalking.
Distinguishing between cyber exacerbated crimes and cyber assisted crimes is useful because cyber assisted crimes are crimes that are traditional crimes involving a computer, while cyber exacerbated crimes are crimes that are not so traditional as the crimes are exacerbated or enhanced by the use of the computer.
Cyber stalking could be defined as cyber exacerbated crime because the technology of cyberspace exacerbates the crime of stalking.
Distinguishing crimes is necessary in order to distinguish the type of criminal law that is being violated by the perpetrator.
I think that not distinguishing the crimes appropriately under the law would possible leave a void where a crime should be defined and is not because of something specific, like the use of a computer.
References
Ballard, Barclay. What you need to know about biometric security. 14 February 2016. <http://betanews.com/2016/02/15/what-you-need-to-know-about-biometric-security/>.
Murphy, Kevin. Man gets prison for viewing child porn. 8 February 2016. <http://www.wisconsinrapidstribune.com/story/news/2016/02/04/man-gets-prison-viewing-child-porn/79839468/>.
Polhamus, Andy. Woman, 70, gets life for cyberstalking, report says. 13 February 2016. <http://www.nj.com/news/index.ssf/2016/02/woman_70_gets_life_sentence_for_cyberstalking_repo.html>.
