A Duty of Care in Cyberspace and how it relates to cyber terrorism
The internet continues to play a very significant role throughout the world and its demand is expected to increase in all areas, from banking, to telecommunications, to entertainment and to power. Furthermore, it is critical to other essential structures such as health and security. While this service remains important, it is still compounded by a number of insecurities and exposed to attacks from cyber terrorists or zombies. The main challenge is that today’s internet can effectively be attacked by a Distributed Denial of Service (DDoS) attacks that are always from unsophisticated sources. Contractual liability in the cyber attacks is unavailable to the victims of DDoS. Henderson (2002) asserts this by demonstrating that “although software manufacturers attempt to waive essentially all liability in shrink-wrap and other contracts, it is at least theoretically possible for a purchaser to demand contractual protection for any damage caused by faulty programming”. The biggest challenge is that most cases of DDoS attacks involve instances where the victims had no previous form of association with the attackers.
This has the compound effect of complicating the aspect of contractual liability. Restatement (Third) of Torts: General Principles (Discussion Draft 1999) explains that “[a]n actor is subject to liability for negligent conduct that is a legal cause of physical harm.” Cyber attacks in whatever form causes physical attacks. Henderson (2002) defines physical harm in the context of cyber attack as “that term used to include both personal injury and property damage.”
Confronting the threat posed by attackers and zombies to the internet security of critical infrastructure still remains a challenge.
The international efforts to combat cyber terrorism
While a number of legislations and security guidelines have been put into use, they still fall short of the minimum internet safe security levels (Verton, 2002). These include Health Insurance Portability and Accountability Act of 1996 (HIPAA) that regulate the health sector and Gramm-Leach-Bliley Act (GLBA) of 1999 that seeks to regulate our financial sector that remains highly exposed to the attackers. Described as technologically neutral, these legislations require additional security measures to effectively address the threat of cyber attacks. Other efforts to combat cyber terrorism include the formation of the multi-agency National Infrastructure Protection Center (NIPC), headed by the FBI and are responsible for the “national critical infrastructure threat assessment, warning, vulnerability, and law enforcement investigation and response entity.” Henderson (2002).
The admissibility and acquisition of evidence related to computer crime
The admissibility and acquisition of evidence related to computer crime is still as complicated and controversial as the crime itself. According to the Draft Restatement (Third) of Torts (1999), “[a]n actor is negligent if, without excuse, the actor violates a statute that is designed to protect against the type of accident the actor’s conduct causes, and if the accident victim is within the class of persons the statute is designed to protect.” This means that the plaintiffs, in their attempts to make a strong case, are most likely to point out at the aspect of negligence. Computer Fraud and Abuse Act (1994 & Supp. V 1999) expounds that “it is not a defense to liability that damage would not have occurred but for the malicious, and indeed criminal and actions of a third party, where those actions were foreseeable in that the conduct of a defendant can lack reasonable care insofar as it can foreseeably combine with or bring about the improper conduct of the plaintiff or a third party.”
A Critique the problem of cyber terrorism and international and local efforts to combat it
The problem of cyber terrorism is indeed real and capable of causing damage to our critical infrastructure. Compared by Henderson (2002) to “a car is recalled on account of an unpredictable yet frequent tendency to lose control, it would be negligent to knowingly continue to drive the vehicle without having it serviced.” Internet continues to be used globally despite the numerous insecurities. Most of the computer systems within our critical infrastructures and personal computers remain knowingly insecure. This is due to our failure to install software patches that would shield our systems from attackers.
Henderson, S. E. (2002). Suing the insecure?: A duty of care in cyberspace. New Mexico Law Review, 32(1), 11-25. Web.
Restatement (Third) Of Torts: General Principles § 3 (Discussion Draft 1999). Web.
The Computer Fraud and Abuse Act (as amended 1994 and 1996). Section 1030. Fraud and related activity in connection with computers.
Verton, D. (2002). Critical infrastructure systems face threat of cyber attacks. Computerworld, 36(2), 8.
Review Of The “Being Mortal” Based On The Book Of A. Gawande
The relationships between the doctor and the patient are considered instrumental in the process of dealing with a serious health issue. But when it comes to the times when both parties decide that medication is not an option anymore, the relationships may undergo some struggles. The PBS documentary ‘Being Mortal’ based on the best seller by Atul Gawande explores the complicated issues faced by the doctors and their terminal patients when it comes to the choices of further medical intervention versus making the most of the time before passing away. Moreover, the doctors have great difficulties with having a serious discussion about the end of the patients’ lives as well as in understanding that it is crucial to “tune treatment to the patient’s priorities and those aren’t always just living longer”.
To make the right decision about the terminal illness, patients, doctors, relatives and caregivers have to have a courage and strength and think rationally, considering every single detail and weighing every advantage and disadvantage of during peacefully or pursuing a medical treatment that does not have any guarantees. Dr. Gawande underlines the importance of considering what treatment means for the quality of life at the end, as sometimes in medicine there are so many unfixable problems that doctors and their patients do not want to realize that they are, indeed, unfixable.
The main message of ‘Being Mortal’ is that in the end, it is better to be a person and not a patient. Coming to a close with life in dignity and peace should become the most fundamental principle that guides the relationships between a terminally ill patient and the doctor, because, in the end, we are all people who want to be treated with respect.
Issues Applied to ERDs
There is a close connection between the problems discussed in the documentary ‘Being Mortal’ with the issues stated in the Ethical and Religious Directives for Catholic Health Care Services. The religious background of some statements may be irrelevant to the case, but when it comes to the issues addressed about rejecting life-prolonging procedures that are insufficient or burdensome, they have some strong ground. Despite the fact that modern medicine is constantly evolving, some terminate health conditions cannot be treated for now, and thus, the task of medicine in such complicated cases is to care.
Giving terminally ill patients full information about their state helps them to understand their condition and be able to discuss it without fear it with relatives or caretakers. As shown in the documentary, being honest and supportive of the patient allows the doctor to discuss all minute details about making the best of time left for the patient.
Dr. Gawande said that “It’s easy for all of us, patients and doctors, to fall back on looking for what more we can do regardless of what we might be sacrificing along the way”. ‘Being Mortal’ offered practical information to the doctors, their patients and relatives who are dealing with life-threatening diseases. Talking about every single detail, asking important questions and creating an end-of-life plan can be instrumental in eliminating any uncertainties and making sure that the patients live the last days of their lives as individuals, valued and respected, as well as to deserving of good moments even facing the life’s ending.
Healthcare And Welfare State In The U.S.
In your opinion, is mobility more or less certain now than at the beginning of the 20th century among new immigrants to the United States? Use examples from the reading to support your answer.
Mobility among Immigrants is less certain than it was at the beginning of the 20th century. This is because the number of immigrants has increased and today they threaten to take away jobs from natives. The congress has formed about forty categories of visa classifications for immigrants. Thus, the terms of employment are confined. This does not allow foreigners to move freely from one employer to another, unless they have new permission. This permission is given only if the rules of compliance are fulfilled. Without this an employee can only be employed by their petitioner- the employer who sponsored their authorisation for employment in the US (Paparelli & Hensel, 2008, para. 9). Currently, in the US there is a rising anti-immigrant sentiment. This has led to negative framing of the immigrants which has led to wider gaps between natives and immigrants. The immigrants find it hard to move across physical and social boundaries. Therefore, moving from one occupation to another is very difficult.
What is meant by declining social organization?
Declining social organization means a society that is losing its perception as a system organized by a unique characteristic pattern that makes it a group of people. These people have a way of doing things, which sets them apart. A socially organized society is an envy of other societies. They have a political and social system that they trust and participate in. In a declining social organization people exhibit a reduced level in person to person social interaction. This reduced social intercourse leads to a weakened social fabric. People lose an interest in civil engagement yet it is necessary for a strong democracy. Thus, people have less interest in politics and duties like voting.
In declining social organization people retreat into themselves and individualism takes center stage. People no longer meet with other people in social circles to share ideas. Putnam used the idea of bowling and he says with less group bowling there are less bowling leagues hence, less social intercourse (2000). Technology is also blamed for promoting individualism for instance some people spend a lot of time playing computer games alone instead of interacting with other people.
What is the umbrella effect? How can it be dangerous to those it encompasses?
In science umbrella effect means the protection that species enjoy by association to other species. When the umbrella species is protected the other species benefit from its conservation (Sherman, 2002, p.280). Hence, the umbrella effect can be said to be the impact a certain species has on others. In health care parents or guardians can be said to be the umbrella effect. When they are able to provide health care for themselves it means they can also provide it for their children. On the other hand, just like an umbrella species would have a negative impact on other species so can human beings. For example, when parents are unable to raise adequate income to feed their families they cannot afford health care for their children. This is because they may not be in a position to take a health insurance to cover their medical needs. Hence, the whole family is left vulnerable to all kinds of illnesses. The umbrella effect could also be a government that does not provide universal health care for all its citizens. Therefore, a big number is left uncovered and they cannot afford primary health care.
Discuss the differences between the widely held ideas about welfare recipients and the facts about them.
Welfare recipients are often immigrants or poor who cannot fend for themselves. There is a misconception that people on welfare are generally lazy or aliens. This would explain why most of the people who deserve welfare fail to claim. This is especially true for immigrants as they do not want to change their status.
Welfare recipients are mostly the female headed households. Most of the women have children that they gave birth to while teens. These kinds of families are more likely to spend longer periods as recipients of welfare and are among the poorest families in the US. The average time on welfare is about 11.6 years. About 70% of the welfare recipients are women and they stay on welfare for a minimum of two years.
Unwed mothers are the highest recipients of welfare and their children grow up lacking ideas about a complete family and find it hard to adjust in the society.
Do you think the United States should adopt a single-payer system, similar to that of Canada? Using evidence from the article by Armstrong, Armstrong, and Fegan, discuss why or why not.
Yes, the United States should adopt a single payer system. The US spends more on healthcare than her counterpart Canada in a percentage of GPD and per-capita basis. Therefore, the US spending on health care was about 23% higher. The life expectancy of Canadians is higher than that of Americans. In addition, the mortality rate in Canada is lower than in the United States. This means that the health care outcomes of Canada are superior. The Canadian health system is funded by the public 70% and private sector 30% and it gives services to all its citizens. Its single payer system is better and both the poor and the rich are able to access the same hospitals. On the other hand, the US spends more than any other country per capita on health care yet, it does not have a universal health care despite being a developed country. If the US adopts the Canadian health system all the Americans will be covered and the wasted money recovered (Pat, Hugh & Fegan, p. 62-89).
In what ways does the privatization of nursing homes compromise patient/resident care?
Privatization of nursing homes compromises the patient care because the homes become profit oriented. The services may be compromised if providing the best is expensive. Therefore, patients may be subjected to poor diets and lack of proper medication, lighting, proper care and so on. Private owned nursing homes may fail to meet the set standard such as adequate number of personnel. With inadequate personnel the service provided will be poor. Yet, when patients go into nursing homes they need more care for example being reminded when to take their medication, food and so on. Some patients may be denied permission to leave on request as the homes would benefit by keeping the patient for a longer time. Therefore, it would not be uncommon to have cases of patients held against their will. A study done in the US showed that investor owned homes had more deficiencies than the non- profit and public owned nursing homes (Harrington, Wool handler, Mullan, Carrillo & Himmelstein, 2001, Results). This is proof of compromised services for patients in private nursing homes.
Harrington, C., Wool handler, S., Mullan, J., Carrillo, H. & Himmelstein, U.D. (2001).
Does Investor Ownership of Nursing Homes Compromise the Quality of Care? American Journal of Public Health, 91 (9), 1452-1455.
Pat, A., Hugh, and A. & Fegan, C. (1999).Universal Health Care: What the United States Can Learn from the Canadian Experience. New York: New Press.
Putnam, R.D. (2000). Bowling Alone: The Collapse and Revival of American Community. New York: Simon & Schuster.
Sherman, David M. (2002). Tending Animals in The Global Village: A Guide To International Veterinary Medicine. England: Blackwell Publishing.