COMPUTER HACKING AND ETHICS by Brian Harvey
University of California, Berkeley
[A slightly different version of this paper was written for the
``Panel on Hacking'' held by the Association for Computing Machinery
in April, 1985. Thanks to Batya Friedman, Donn Parker, and Carter
Sanders for their comments on early drafts.]
[Neal Patrick] said he and his friends, who named themselves the
``414s'' after the Milwaukee area code, did not intend to do any
damage and did not realize they were doing anything unethical or
illegal. In fact, when asked [at a Congressional subcommittee
hearing] at what point he questioned the ethics of his actions, he
answered, ``Once the FBI knocked on the door.''
-- "`Common Sense' Urged on Computer Break-Ins," 26 Sept 83;
Copyright 1983 New York Times News Service
It's no secret that a mature sense of ethics is something a person
develops over time. Parents are supposed to exercise authority over
their children because the children are not expected to know how to
make certain decisions for themselves. We have a juvenile court system
separate from the adult criminal court system because we believe that
a young person is not capable of criminal intent in the same sense
that an adult is capable of it.
Within this century, the obvious idea that the ethical sense of an
adolescent isn't the same as that of an adult has become the focus of
scientific research. Psychologists have entered a field once left to
philosophers: moral development. The best-known attempt to formalize
this development is probably the six-stage theory of Harvard
psychologist Lawrence Kohlberg. Here is his description of Stage 3,
the Interpersonal Concordance or ``Good Boy-Nice Girl'' Orientation:
Good behavior is that which pleases or helps others and is approved
by them. There is much conformity to stereotypical images of what
is majority or ``natural'' behavior. Behavior is frequently judged
by intention--the judgment ``he means well'' becomes important for
the first time. One earns approval by being ``nice.'' [Kohlberg, p.
18]
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Is Neal Patrick at this third stage of moral development? He seems to
judge his own actions in terms of intention. From the perspective of
the stage theory, we can see this as an improvement over ``Our mistake
was to get caught'' or ``What have those computer companies done for
me,'' responses that would be typical of the earlier stages.
I don't mean to give too much weight to the specifics of the third
stage. It's not scientifically valid to assign Patrick to a
developmental stage on the basis of one quoted sentence. Also, not
every researcher accepts Kohlberg's stages. But the important point is
that Patrick is roughly at the stage of moral development appropriate
to his age. He is not some new kind of monster spawned by computer
technology; he's a kid with all the strengths and weaknesses we expect
from kids in other situations.
Compare a bunch of adolescents breaking into a computer system with
another bunch of kids hot-wiring a car for a joyride. The latter would
probably argue, with complete sincerity, that they were doing no harm,
because the owner of the car recovered his property afterward. They
didn't keep or sell it. It's a ``naughty'' prank to borrow someone's
property in that way, but not really serious.
These hypothetical car thieves would be wrong, of course, in making
that argument. They might lack the sensitivity needed to give weight
to the victim's feelings of manipulation, of fear, of anger. They may
not understand how the experience of such a random attack can leave a
person feeling a profound loss of order and safety in the world--the
feeling that leads half our population to hail Bernhard Goetz as a
hero to be emulated. Some adolescents don't have the empathy to see
beyond the issue of loss of property. Some may show empathy in certain
situations but not in others.
The point is that the computer raises no new issue, ethical or
pragmatic. The password hacker who says ``we aren't hurting anything
by looking around'' is exactly analogous to the joyrider saying ``we
aren't stealing the car permanently.''
(The two cases need not seem analogous to an adolescent. There may be
many computer abusers who would never break into a car for a joyride,
but who don't understand that breaking into a computer account raises
the same ethical issues. But the analogy still holds for us as
adults.)
The professional car thief and the teenaged joyrider are both social
problems, but they're different problems. To confuse the two--to treat
the teenager like a career criminal--would be a disastrously
self-fulfilling prophecy.
In the context of computer systems, there is a similar dichotomy.
There are some career criminals who steal by electronic means. This
small group poses a large problem for society, but it's not a new one.
Thieves are thieves. Just as banks use special armored cars, they must
also develop special armored computer systems. But the rest of us
don't use armored cars for routine transportation, and we don't need
armored computer systems for routine communication either. (Of course
there is a large middle ground between heavy security and no security
at all. My purpose here is not to decide exactly what security
measures are appropriate for any particular computer system. Instead,
I just want to make it clear that, while in this paper I'm not trying
to address the problem of professional criminals, I'm not trying to
deny that there is such a problem either.)
There is also a middle ground between the young person who happens to
break unimportant rules in the innocent exercise of intellectual
curiosity and the hardened criminal. Consider the hypothetical case of
a young man whose girlfriend moves to Australia for a year, and so he
builds himself a blue box (a device used to place long distance
telephone calls without paying for them) and uses it to chat with her
for an hour every other day. This is not intellectual curiosity, nor
is it a deliberate, long-term choice of a life of crime. Instead, this
hypothetical adolescent, probably normally honest, has stepped over a
line without really noticing it, because his mind is focused on
something else. It would be inappropriate, I think, to pat him on the
head and tell him how clever he is, and equally inappropriate to throw
him in prison. What we must do is call his attention to the
inconsistency between his activities and, most likely, his own moral
standards.
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Two Models for Moral Direction
What to do about it? Saying that the problems of computer ethics are
like other ethical problems doesn't solve them. Many approaches are
possible. We are starting to hear among computer experts the same
debates we've heard for centuries among criminologists: prevention,
deterrence, retribution, cure?
Among all the possible approaches, it may be instructive to consider
two strongly opposed ones: first, control of the technology, and
second, moral training. As examples of these approaches, compare the
registration of automobiles with instruction in karate.
Automobile registration is certainly a good idea in helping the police
control professional crime. As thieves have learned to steal cars for
their parts, rather than to sell whole, the technology of registration
has had to grow more sophisticated: we now see serial numbers on each
major component, not just on the door frame. But registration doesn't
help against joyriders.
Other technological security measures can help. Steering column locks
have made joyriding harder, but not impossible. Many adolescents are
expert locksmiths, not because they're dishonest but because locks and
keys pose a technical challenge much like that of passwords in a
computer system. Also, increased security has made the consequences of
juvenile car theft more serious, because the easiest way to defeat a
steering column lock is to destroy it by brute force.
The example of karate instruction shows a very different approach to
the problem of adolescent moral limitations. Instead of using
technology to limit the power of young people, this second approach
deliberately empowers them. Skill in karate is a deadly weapon; to
give that weapon to a young person is an affirmation of trust rather
than suspicion.
Why do karate classes for kids work? Why don't they lead to an
epidemic of juvenile murders? This paper can't present a definitive
answer. But I want to suggest some possibilities and use them to draw
analogies for computer education.
One probable reason is that every person responds to his or her
situation. If I know you're trusting me with something important, I'll
try to live up to your trust. If I sense that you consider me
untrustworthy, I may decide that I might as well live up to your low
expectations.
Another vital reason, though, is that the technical instruction in
karate techniques is part of a larger initiation into a certain
culture and its rules. Karate schools don't begin by telling novices,
``Here's how to kill someone.'' They begin with simple, less dangerous
techniques; the criteria for advancement include control and
self-discipline as well as knowledge of particular moves. Instructors
emphasize that karate is an art that should not be abused. Students
learn to demonstrate punches and kicks without injury by stopping just
short of contact with the opponent's body.
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Empowerment in Computer Education
How can we teach young computer enthusiasts to be responsible members
of the electronic community, without defining them as criminals? The
analogy of karate instruction suggests that the answer is to combine
ethical training with real empowerment. To turn this broad slogan into
a practical program requires several changes in our approach to
educational computing and to computing in general.
Growth, like any ongoing function, requires adequate objects in the
environment to meet the needs and capacities of the growing child,
boy, youth, and young man, until he can better choose and make his
own environment. It is not a ``psychological'' question of poor
influences and bad attitudes, but an objective question of real
opportunities for worthwhile experience.... Thwarted, or starved,
in the important objects proper to young capacities, the boys and
young men naturally find or invent deviant objects for themselves;
this is the beautiful shaping power of our human nature. Their
choices and inventions are rarely charming, usually stupid, and
often disastrous; we cannot expect average kids to deviate with
genius. [Goodman, pp. 12-13]
Paul Goodman was discussing traditional juvenile delinquents, not
password hackers. But the problem is fundamentally the same. How can
we provide a worthwhile culture for young computer enthusiasts to grow
into?
1. Serious adult models. In karate instruction, discipline is not only
for novices. The adult instructors follow the same discipline
themselves. The ethical principles taught to beginners are taken
seriously in the adult community. As a result, young students don't
see the discipline of karate as an arbitrary imposition on them; they
see it as part of what it means to be a full member of the community.
In the computer culture, adults rarely take seriously the idea of
belonging to a community. The social ideal is the self-serving
entrepreneur. Our heros are the ones who become millionaires by doing
a slick marketing job on yet another spreadsheet program. (When my
high school programming students discovered that I actually knew how
to program a computer, many of them decided I was crazy. Why should
anyone want to teach when he could make more money programming?) In
this context, why should any young person listen to our moral
lecturing?
Fundamentally what is needed is personal action by each individual
computer professional. But we can act as a society to encourage this
individual commitment. We can urge our colleagues to devote part of
their time to pro bono publico activities, like other professionals.
We can give special public recognition to computer professionals who
choose a life of disinterested public service over the quest for
personal gain. Some corporations allow their employees paid sabbatical
leave for public service work; we should encourage this policy.
2. Access to real power. Another important part of the karate analogy
is that there are not two kinds of karate, one for adults and one for
kids. What beginners learn may be elementary, but it's a start down
the same road traveled by experts. The community into which young
karate students are welcomed is the real, adult community. That's not
how things work with computers. How many adult computer scientists put
up with CP/M, BASIC, and floppy disks? The technology available to
most young people is not a simpler version of what experts use; it's a
completely separate, more arcane, fundamentally less powerful medium.
That medium--the programming languages, the file storage, the editing
tools, and so on--is simply inadequate to challenging intellectual
work.
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The community of computer professionals has come to take for granted
easy access to electronic communication with colleagues anywhere in
the world. Those of us lucky enough to be on the Arpanet have
instantaneous communication supported by taxpayers. Even the less
fortunate who communicate over dialup networks like uucp, though, have
the cost of their mail supported by computing facilities other than
their own; the general agreement among even competing private
businesses to forward one another's mail is a remarkable example of
disinterested cooperation. Some of this mail traffic is serious
business. But some of it is also ``junk mail'' like sf-lovers (for
science fiction enthusiasts) and human-nets. Is it surprising that
young computer enthusiasts want a slice of the pie too?
Adolescents are excluded not only from access to equipment but also
from access to ideas. The password hackers' preoccupation with magic
words and magic numbers is harmful to themselves as well as to the
rest of us; it's an intellectual dead end that gives them no real
insight into computer science. They learn a bag of isolated tricks
rather than powerful ideas that extend to solving other kinds of
problems. Instead of just telling them what's forbidden, we would do
better to show them the path to our own understanding of algorithms,
formal theory of computation, and so on. We all know you can't program
well in BASIC; why do we allow manufacturers to inflict it on
children?
To take positive steps toward this goal requires action on two fronts,
access to technology and access to ideas. The latter requires training
high school teachers who are themselves qualified computer
programmers. In the long run, this means paying teachers salaries
competitive with industry standards. That's a matter for government
action. Another approach may be to promote active cooperation between
university computer science departments and high schools. Perhaps
college faculty and graduate students could contribute some of their
time to the local high schools. (This is not a new idea; outside
experts are donating time to secondary schools to help teach other
areas of science. Such partnership brings its own problems, because
both the goals and the techniques of college teaching are different
from those of high school teaching. Still, this collaboration has
sometimes been fruitful.)
The problem of access to equipment is economically more difficult, but
it's getting easier. The availability of 32-bit microprocessors means
that serious computational power should be affordable in the near
future. Equipment manufacturers should take the high school market
seriously, as an investment in future technical workers. Another
approach is for interested educators to establish regional computing
centers for adolescents, not part of a particular school, where kids
can come on their own time. Economies of scale may allow such centers
to provide state-of-the-art equipment that a single high school
couldn't justify economically.
3. Apprenticeship: challenging problems and access to expertise. The
karate student is given not only access to a body of knowledge, but
also the personal attention of a master in the field. The instructor
is responsible for the moral development of his students as well as
their technical skill. He steers them in the direction of challenges
appropriate to each one's progress, and his own expertise is available
to help the learner.
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For many years, the MIT Artificial Intelligence Laboratory ran a
computer system with no passwords and no file protection at all. (It
was pressure from their Defense Department funding agency, not
internal needs, that forced them to implement a password scheme.) Even
now, the laboratory has a liberal ``tourist'' policy: anyone can have
an account, provided that someone at the laboratory is willing to be
his or her mentor. The philosophy behind this policy is that most
``malicious'' computer abuse is the result of ignorance,
misunderstanding, and thoughtlessness, rather than truly malign
intent. With a particular person responsible for each new user,
tourists learn to share the values of the community. They are taught
that the vulnerability of MIT's system is a price researchers pay
willingly for the open exchange of information that that vulnerability
allows. Treated as legitimate members of the community, even young
tourists quickly learn to act responsibly toward the group.
Not every computer facility can be expected to share the vision of
MIT-AI. Certainly the computers that control the missiles and the
banking transactions should not be so open to visitors. But a typical
large company has several computers, not all equally sensitive. Many
could allow access to young people in their communities in the
evenings, especially if some of their professional staff members are
interested in serving as volunteer mentors. It's the mentor/apprentice
relationship that makes all the difference. Just giving a kid an
account on your machine may be asking for trouble, but making a friend
of the kid is a good investment.
In particular, universities often treat their undergraduate student
users like irresponsible children. Undergraduates are generally
second-class citizens, with limited access to the school's computing
resources, including human resources (faculty). Universities should
allow undergraduates to function as true members of serious research
teams, as graduate students do. This policy would provide both access
to faculty mentors and challenging, useful tasks.
For secondary schools, the issue is partly one of curriculum. Too many
teenagers are taught (not only in the schools but also in the
magazines) that true computer expertise means knowing what number to
POKE into what address in order to change the color of the screen on
some brand of microcomputer. Such learning is not intellectually
challenging. It does not lead to a feeling of fruitful apprenticeship.
4. A safe arena for moral experimentation. The beginning karate
student might be afraid to try his or her skill with a fellow student,
lest he or she injure or be injured. But it's safe to fight a match
with a black belt instructor. ``I won't hurt you,'' says the
instructor, ``and I won't let you hurt me.'' To allow for safe
sparring between students, classes begin with half-speed motions and
no body contact allowed. Later they may progress to rules that allow
light body contact but no contact to the opponent's head. These rules
allow students to feel safe as they experiment and develop their
skills.
Young people have a similar need for safety in moral experimentation.
One of the reasons for the appeal of role-playing games like Dungeons
and Dragons is that a player can say ``I'm going to be a thief,'' or
``I'm going to be evil,'' trying on these roles without actually
harming anyone. Similarly, a good school should be a place where
students feel safe, a kind of ``ethics laboratory.''
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Neal Patrick's first exposure to an ethical dilemma should not have
involved the FBI. He should have confronted the issue of information
privacy while using a computer system in his school. He could have
learned how his antisocial acts hurt and angered the legitimate users
of the system, without risking really serious trouble for himself or
for anyone else. For one thing, it's hard for a young person to
understand the chain of reasoning from the abstract corporate owner of
a computer system to the actual human beings whose lives are affected
when that system breaks down. It's easier to understand the issues
when the users are one's friends and classmates, and the social
effects of malicious password hacking are immediately apparent.
(None of this is meant to excuse Patrick or the other 414s. Neither
ignorance of the law nor misunderstanding the ethical issues is
accepted in our culture as an excuse for lawbreaking. But I am not
writing for a court of law meeting to settle Patrick's guilt or
innocence. The question for us is how, as a society, we can act to
make the next generation of teenagers less likely to paint themselves
into this particular corner.)
As a practical matter, what's needed to build an ethics laboratory for
computing students has already been recommended in another context:
adequate computing power to support a user community, as opposed to a
bunch of isolated, independent microcomputer users. Whether this means
timesharing or a network of personal computers with a shared file
server is a technical question beyond the scope of this paper. But
sharing is essential. The ethical issues of a living community don't
arise in the context of isolated individuals using microcomputers
separately with no communication among them. (If we do not fill this
need, we leave a void that in practice is filled by ``pirate''
bulletin boards that build a sort of outlaw community around illegal
computing activities.)
Appendix A: What is a Hacker?
Appendix B: A Case Study
References
Goodman, Paul. Growing Up Absurd. New York: Random House, 1960.
Kohlberg, Lawrence. Essays on Moral Development, volume 1: The
Philosophy of Moral Development. New York: Harper & Row, 1981.
bh@cs.berkeley.edu
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