Impacts of software in society
Computer Malware, such as Viruses
In Australia, the creation and distribution of computer malware like viruses, worms, and trojans are illegal activities under the Cybercrime Act 2001. Developers have a legal responsibility to ensure their software does not contain malicious code, and they have an ethical duty to contribute positively to the digital environment, not to disrupt it or cause harm to users.
Malware can result in severe consequences, including data loss, identity theft, and financial damage. Because of this, developers must be vigilant in securing their software and responding promptly to any vulnerabilities discovered.
Reliance on Software
Society’s reliance on software for critical infrastructure, healthcare, governance, banking, and education places an ethical and sometimes legal burden on developers to produce reliable and secure systems. The Australian Consumer Law, part of the Competition and Consumer Act 2010, implies warranties into consumer contracts regarding the quality and fitness for purpose of software. Failure to meet these standards can result in legal consequences.
Ethically, developers have an obligation to consider the potential impact of software failure and to take reasonable steps to mitigate risks, prioritising the safety and well-being of users and the general public.
Social Networking
In Australia, there is growing legal scrutiny around issues such as privacy, data protection, and online behavior. The Privacy Act 1988 regulates how personal information is handled and includes privacy principles that software developers must adhere to when creating social networking tools, such as obtaining consent to collect personal data and ensuring its security.
From an ethical perspective, developers should consider how their platforms may affect mental health, foster addiction, facilitate cyberbullying, or spread misinformation. It’s important to implement features that promote positive social interaction and to provide users with controls over their privacy and data.
Cyber Safety
The Online Safety Act 2021 provides a framework for the protection of Australians from online harm and sets out the responsibilities of digital platform providers to maintain a safe online environment. Software developers, under this Act, must consider and incorporate safety features into their products to combat online abuse, cyberbullying, and other forms of harmful content, especially in applications and platforms frequented by children. The Act empowers the eSafety Commissioner with various powers to enforce online safety, giving the Commissioner the authority to issue take-down notices for abusive or harmful content.
While the Act does not specify what safety features must be implemented, some examples are:
- Age verification processes.
- Mechanisms for users to report cyberbullying, abuse, or illegal content.
- Tools to block or mute users engaged in harmful conduct.
- Content filters to prevent exposure to inappropriate content, especially for children.
- Clear and accessible mechanisms for users to control their privacy and data.
Large Volumes of Information
With the vast amount of information available on the internet, software developers can play a role in ensuring that users have access to accurate and reliable information. While there is no explicit legal obligation for developers in this area under Australian law, there is an ongoing debate about the responsibility of platforms in curbing the spread of ‘fake news’ and misinformation.
Ethically, developers might be seen as responsible for implementing algorithms that prioritize credible sources and content or providing tools that help users to critically evaluate the information they encounter online.
Rights and responsibilities of software developers
Intellectual property rights in Australian law refer to the legal protections granted to creators and owners to safeguard and control the use of their intellectual creations, which include copyrights, patents, trademarks, and designs.
Acknowledging the Intellectual Property of Others
Developers in Australia are legally required to respect the intellectual property (IP) rights of others, meaning they must avoid using copyrighted code, graphics, or media without permission. Incorporating open-source components, for example, must adhere to the licensing agreements. Ethically, developers should give credit where it is due and avoid plagiarism.
Recognition by Others of the Developer’s Intellectual Property
Similarly, software developers have the right to have their own IP recognized and protected under Australian law. This includes copyright and might involve applying for patents, and using end user licensing agreements to dictate how their software can be used or redistributed.
Producing Quality Software Solutions
It is both an ethical and professional responsibility to ensure the software is reliable, meets specified requirements, and is free from known defects. Failing to do so may result in breaching consumer law which can lead to legal consequences under the Australian Consumer Law.
Appropriately Responding to User-Identified Problems
Developers should address user feedback and reported issues promptly and effectively. Ignoring such problems can lead to reputational damage, and in some cases, legal action if the software fails to perform as promised or causes harm.
Adhering to Code of Conduct
Professional bodies in Australia, such as the Australian Computer Society (ACS), provide codes of conduct that set out the standards expected of their members. These standards cover professionalism, honesty, respect for user privacy, and the quality of work. Violating these codes can result in disciplinary action from the professional body and potential legal ramifications.
Neither Generating nor Transmitting Malware
Deliberately creating or distributing malware is illegal under Australian law, specifically under the Cybercrime Act 2001. Ethically, it breaches trust with users and can cause significant harm, potentially leading to legal consequences, including criminal charges.
Addressing Ergonomic Issues in Software Design
Developers should consider ergonomics in design, ensuring that software does not contribute to physical strain or injury. While there may not be explicit laws regarding software ergonomics, failing to consider user interaction can lead to health-related issues, diminishing user experience, and potential legal action under occupational health and safety legislations.
Some examples of how this might be achieved are:
- Keep the User Interface (UI) simple
- Allow users to customise their experience
- Allow different methods of input, such as keyboard, touch, and voice
- Allow for Dark Mode to reduce eye strain
- Provide help documentation and guides
- Regular reminders for users to take a break
Ensuring Software Addresses Inclusivity Issues
Ethically, developers have a responsibility to create software that is accessible to all users, including those with disabilities. In some cases, Australian law requires software to be accessible, as per the Disability Discrimination Act 1992, making it a legal requirement to address inclusivity.
Some example of how this might be achieved are:
Accessibility Features:
- Implement support for screen readers, allowing visually impaired users to navigate and interact with the software using auditory feedback. Alt text or captions for images is an example.
- Include options for text scaling or font size adjustments to assist users with visual impairments.
Multilingual Support:
- Allow easy switching between languages according to user preference.
Color Contrast and Palette:
- Ensure high contrast between text and background for readability.
- Use a colour palette that is distinguishable for individuals with colour blindness (avoiding problematic color combinations like red/green).
Captioning:
- Provide closed captioning for video and audio content, benefiting not only the deaf or hard of hearing, but also users who may not be in a position to listen to audio.
Adaptable and Responsive Design:
- Ensure that the software interface adapts to various screen sizes and resolutions, accommodating different devices and the needs of users with low vision.
Voice Control:
- Include voice recognition technology that lets users control the software using speech, which is especially helpful for users with motor impairments.
Ensuring Individuals’ Privacy is Not Compromised
Australian software developers are legally bound by the Privacy Act 1988 to protect personal information that their software may collect or process. This includes implementing adequate security measures and obtaining user consent where necessary. Developers have an ethical obligation to respect and protect users’ privacy and be transparent about data collection and usage. Failure to comply can result in legal penalties and a loss of user trust.
Concepts associated with piracy and copyright law in relation to software development in Australia
Software development is governed by the Copyright Act 1968, which grants copyright holders—including software creators—exclusive rights to their work, such as reproduction, distribution, and adaptation. Software piracy, referring to the unauthorised use, copying, or distribution of copyrighted software, is illegal and can lead to severe penalties, including fines and legal action. Developers must adhere to software licensing agreements to avoid infringement, and while open-source software offers more freedom in usage, it still operates under specific licenses that must be respected.