Professional Practices in IT

Presented by: MR. Ali Hamza

LinkedIn v. hiQ Labs (2022)
• Background:
• hiQ Labs used web scraping techniques to collect public profile data from LinkedIn without permission.
• hiQ used this data to provide insights to clients, such as predicting which employees might leave their jobs.

• Legal Action:
• LinkedIn sent a "cease and desist" letter to hiQ Labs, claiming that hiQ's scraping activities violated the Computer Fraud
and Abuse Act (CFAA).
• LinkedIn argued that hiQ’s actions were unauthorized and amounted to data theft.

• hiQ Labs' Argument:

• hiQ claimed that since the data was publicly available, they had the right to access and use it.
• They argued that scraping public data didn’t violate any laws.

• Court Decision:
• In 2022, the U.S. Supreme Court declined to review the case, leaving the lower court's decision in favor of hiQ Labs in
place.
• The court held that scraping publicly available data did not necessarily violate the CFAA. 2
How This Case Is Relevant to Computer Science
Students?
• Data Scraping and Legal Boundaries: This case demonstrates the fine line between legal and illegal data
scraping practices. It raises questions about how public data should be treated and whether companies have the
right to restrict access to data they publicly display.
• Implications for Data Privacy: Students need to understand that just because data is publicly available doesn't
mean they can freely use it for commercial purposes. There's still a debate about whether this is ethical or if it
could lead to broader privacy concerns.
• Potential Consequences: Even though hiQ won this round, the case shows that unauthorized data collection
can still result in long legal battles, financial costs, and reputational damage.

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Legal Aspects

Law:
• Law is a body or set of rules that can be enforced in a court
• Law is a rule of Human Conduct, imposed upon and enforced among the members of a given state
• Different laws / rules in different countries
• Rules governing data protection, rights of access to information, and misuse of computers etc.

• Also, different countries have different legal systems / systems of courts, different rules for court procedures,
different procedures for appeals etc.
• Even within a single country, the law and the legal system may be different in different areas
• Mostly in large countries with a federal system of Government
• USA, UK, India etc.

• Jurisdiction mean the area covered by a single legal system and set of laws
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Legal Aspects

Need:
• To dive the sense of security
• Laws are made to force people to be good
• Because individuals are more controlled by there passion and education alone can't make
them good
• So laws were created to scare people in being 'good'
• To ensure justice, fairness, and equality
• Protocols to regulate the basis of society

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Legal Aspects

Types of Law:
• Criminal Law
• Civil Law
• Public Law
• Substantive Law
• Procedural Law
• Public International Law

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Legal Aspects

• Criminal Law
• Criminal Law is that part of the law which characterizes certain kinds of wrong doings as offences
against the State
• As a citizen of a State, the citizens have certain rights which are granted to them under the
Constitution and when these rights are being violated by someone then State have to protect them
• Crime:
• It is defined as an act of disobedience of the law forbidden under pain of punishment
• Punishment:
• It ranges from death to a money penalty or absolute discharge
• Police are the public servants whose duty is the prevention and detection of crime and the
prosecution of offenders before the courts of law
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Legal Aspects

• Civil Law
• Also called Private Law as distinct from Public Law
• It is concerned with the rights and duties of individuals towards each other
• The purpose is to provide rules for settling disputes between people / organizations
• Court action under the civil law is known as litigation and must be initiated by one of the
parties to the dispute
• Law of Torts:
• A Tort is defined as a civil wrong for which the remedy is a common law action for
unliquidated (i.e. unspecified or unascertained) damages and which is not exclusively the
breach of a contract or breach of Trust or other merely equitable obligation
• Examples include Nuisance, Negligence, Defamation and Trespass

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Legal Aspects

• Civil Law
• Law of Contract: corporate laws
• It deals with that branch of law which determines whether a promise is legally enforceable and
what are its legal consequences
• Law of Property: Intellectual Property
• It is that part of law which determines the nature and extent of the rights which people may
enjoy over land and other property e.g. rights of ownership of land or rights under a lease
• Law of Succession:
• It is that part of law which determines the devolution of property on the death of the former
owner
• Family Law:
• Family Law covers legal issues related to family relationships, including marriage, divorce,
child custody, and adoption 9
Legal Aspects

• Public Law
• Constitutional Law:
• It is defined as the rules which regulate the structure of the principal organs of the
government and their relationship to each other, and determines their principal
functions e.g. Relations between the Federal Govt. and the Provincial Govt., High
Courts and Supreme Court, Armed Forces, Police, Rights and Liabilities of people etc.

• Administrative Law:
• It is defined as that body of legal principles which concerns the rights and duties arising from
the impact upon the individual of the actual functioning of the executive instruments of the
Govt. e.g. administrative law determines the legal rights of a private citizen whose house, a
local authority intends to acquire compulsorily (PTA, FIA, NADRA)
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Legal Aspects
• Substantive Law (Content of LAW: Right, Wrong, Duties)
• It is the body of rules of law in the above branches which regulate the rights, duties
and liabilities among citizens and government. It tells us what our rights are and what
actions are considered illegal or lawful.
• Procedural Law
• It lays down the rules governing the manner in which a right is enforced under civil
law or a crime prosecuted under criminal law
• Procedural law governs the steps in the progress of the civil legal action or criminal
prosecution
• Public International Law
• It is a body of rules of law which govern the relationships between states, particularly
rules of war
• Determination of International Boundaries .Diplomatic relations 11
Examples
[Link] Law:
• If a hacker illegally accesses a company's database and steals customer information,
this is a criminal offense.
• The hacker can face fines, imprisonment, or both under criminal law for
unauthorized access.
2. Civil Law:
• A software developer sues a client for not paying after completing a contracted
project.
• This dispute is resolved in civil court, where the developer seeks compensation.

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Examples
3. Public Law:
The government regulates how tech companies collect user data to protect citizens'
privacy.
A company violating these regulations might face government action under public
law.
4. Substantive Law:
Substantive law defines your right to own the software you create as intellectual
property.
It ensures that others can't use your code without permission.
5. Procedural Law:
If you want to sue someone for stealing your software, procedural law guides how to
file the lawsuit.
It outlines the steps you must follow in court to enforce your rights. 13
Legal Aspects
Law in Old Times:
In the earlier times King was everything. He used to make laws, give decisions and
ensure enforcement of his laws. Word of Mouth from a King was the only standard of
law
However, later on, these powers were delegated to his cabinet and later on democracy
emerged and all the power was to be exercised by the representatives of the people

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Legal Aspects
▪ Elements of a State:
Legislature:
The function of the Legislature or Parliament is to make new laws. These laws are
made by the representatives of the general public for the whole of the country. It is
not necessary that some dispute should already be there
Executive:
The function of the executive is to implement the laws
Judiciary:
The function of the judiciary is to interpret the laws. Further, it also makes laws in
the forms of pronouncements given in decisions arising out of disputes between
parties

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Legal Aspects
▪ Jurisdiction:
Means the legal authority to administer justice in accordance with the means
provided by law and subject to the limitations imposed by law. An order passed
without jurisdiction is void and is a nullity in the eyes of law and may be
disregarded
Original Jurisdiction: Hearing a case in the first instance
Appellate Jurisdiction: Hearing a case against the decision of a subordinate court /
forum
Territorial Jurisdiction: The geographical area over which a court or government
body has the power and right to exercise authority
Pecuniary Jurisdiction: Means the financial limitations on hearing a case

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Legal Aspects
General Law vs. Special Law:
General Law:
Is the law of the land
Special Law:
Is a law applicable to a particular subject
Special Law prevails General Law

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Legal Aspects
Legal System / System of Courts - Pakistan:

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Legal Aspects
Where does the Law come from?
Common Law
▪ Traditional law that is not written down, but which depends on the previous
judgments of the Judges / Precedents
Statute Law
▪ Laid down by the acts of Parliament
▪ Often referred to as legislation
The Legislative Process:
▪ Pakistan:
• Provincial Assemblies
• National Assembly
• Senate
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Legal Aspects
Law and Ethics:
• When Law tells us to do or not to do something, it implies that a recognized
authority has decided that the action that is allowed or prohibited is of benefit
to the society in someway
• It often happens that an ethical principle was used prior to a laws construction

• E.g. a generally accepted ethical principle that we should help others in need
leads to a Good Samaritan Laws that protect the right of individuals who help
an injured person

• The fact that Law is grounded in ethical principles makes law a good starting
point for ethical decision making
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Legal Aspects
Law and Ethics:
• Law and Ethics:
• I Act that is ethical and legal
• II Act that is ethical but not legal
• III Act that is unethical but legal
• IV Act that is not ethical not legal

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Legal Aspects

Law and Ethics:

I. Firing an employee who does not perform according to expectation or fails to
follow contractual obligations
II. Copying copyrighted software to use only as a backup, even when the
copyright agreement specifically prohibits copying for that purpose
III. Not citing sources in research paper or reveling data that was expected to
remain confidential
IV. Making unauthorized copies of copyrighted software planting viruses in
someone else’s computer

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Legal Aspects

Computer Laws / Our Focused Areas of Law:

 Intellectual Property
 Computer Contracts
 Electronic Contracts
 Criminal Law
 Data Protection

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Case Study 1: The Software Startup's Dilemma
Scenario:
You are the lead developer at a software startup called CodeNova that has created
an innovative project management tool called "TaskMaster". This tool has a
unique feature that uses machine learning to predict project timelines and
potential delays, which is unlike anything else in the market.
One of your team members, Sarah, accidentally discovers that a competitor,
ProManage Inc., has released a similar tool just weeks after your launch. Upon
closer inspection, you realize that ProManage's software contains identical code
blocks and algorithms that were originally developed by your team.
Sarah suggests that you take immediate legal action against ProManage, but
before you proceed, your company must evaluate the situation

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Case Study 1: The Software Startup's Dilemma
Discussion Points

1) Substantive Law: Does CodeNova have the right to claim ownership over the
code? Was there a breach of intellectual property rights?
2) Procedural Law: What steps should CodeNova take to file a lawsuit against
ProManage? How should the evidence be gathered and presented in court?
3) Public International Law: You discover that ProManage Inc. is based in
another country. Which international laws apply to this case, and how can
you pursue legal action across borders?

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Case Study 1: The Software Startup's Dilemma

▪ Substantive Law:
Does CodeNova have the right to claim ownership over the code? Was there a
breach of intellectual property rights?
• Yes, CodeNova has the right to claim ownership over the code as it is the original creator of the
project management tool "TaskMaster." Since ProManage used identical code without
permission, they violated CodeNova’s copyright and potentially trade secret protections if the
algorithms were proprietary.

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Case Study 1: The Software Startup's Dilemma

Procedural Law:
What steps should CodeNova take to file a lawsuit against ProManage? How
should the evidence be gathered and presented in court?
• CodeNova should:
• Collect evidence of the infringement, such as comparing the original source
code with ProManage's software.
• Document all development records showing how TaskMaster was created
before ProManage’s product release.
• File a lawsuit in a court with appropriate territorial jurisdiction and submit
evidence following the rules of procedural law.

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Case Study 1: The Software Startup's Dilemma

1)Public International Law:

• You discover that ProManage Inc. is based in another country. Which
international laws apply to this case, and how can you pursue legal action
across borders?
CodeNova would need to explore international IP treaties like the Berne
Convention or TRIPS Agreement that provide protection for copyrighted
works across different countries. They might also need to work with an
international law firm to file a lawsuit in the country where ProManage is
based, as public international law governs such cross-border disputes.
• Conclusion: CodeNova has a strong case based on substantive law, but
they must follow procedural law correctly and understand international
legal frameworks to effectively pursue action against ProManage.
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Readings

 [Link]
 [Link]
 Professional issues in IT by Frank Bott
 Chapter 1

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Thank You

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