Having recently concluded participation in another sordid affair of software development, I am again pondering the question of whether computer programmers have any ethics or morals?  Time and time again I have seen an investment lost, a deal disrupted or a business destroyed as the direct result of a programmer acting without regards to the fairness or legal rights of a given situation.  Does this conduct reflect a shortcoming in the character of computer programmers or are they somehow victims who cannot be held responsible for their conduct?  I am honestly puzzled by how a programmer can take such pride in their own work, yet have little or no respect for the work of others.  Even thieves honor each other.

As an attorney, my raising the issue of ethics might be considered by some as a matter of the pot calling the kettle black.  I would be willing to venture that there are a hundred lawyer jokes for every computer programmer joke involving ethics.  You may have heard the one about “What is the difference between a hooker and a lawyer? - There some things that even a hooker won’t do for money!  Case closed?

As a member of a profession which is under continuous assault for its own conduct, how do I justify making allegations as to character deficiencies of computer programmers?  My first response is to pose the following questions to be answered by the reader:

·         Have you ever operated a computer program without first reading the license agreement as to its terms and conditions?

·         Have you ever downloaded a computer program from a disk or off of the Internet without verifying ownership of the program?

·         Have you ever written a program which contained code originated by other computer programmers without first obtaining authorization?

·         Have you ever held up delivery of code or documentation to improve your bargaining position in your employment or a contract?

·         Have you ever rewritten a line, program or system of another and claimed the end result as your own?

·         Upon termination from a job, did you take with you a copy of any source code of your past employer?

If you answered yes to any of the above questions, then you should take the time to read the remainder of this article and to reflect upon my original question.  However, before telling anyone else of your answers, maybe you should consult with an attorney with regard to your constitutional right not to make statements which may incriminate you of criminal behavior.

Ethics are a personal code of behavior.   Ethics represents an ideal towards which one should strive, it being presumed that to achieve ethical behavior is appropriate, honorable and desirable both personally and by the groups to which one belongs. 

Another viewpoint is that ethics represents an interim standard of behavior until such time that it is replaced by a law.  In effect, when new technology comes into existence, society is typically lagging behind in the formulation of norms of conduct.  Therefore, an individual must look to himself and his or her conscience until such time that society reaches consensus on this change of events.

To better understand the concept of ethics, it may be contrasted with the law.  The law is a minimum standard of conduct imposed by society.  The law represents the will of the majority (in a democratic society), or of a king (in a monarchy), or of a dictator (in a tyranny).  Violation of the law subjects the violator to punishment by the government. 

Ethics are merely suggested, not mandated.  They may be considered a maximum standard of conduct desired by society. 

This is not true of those occupations which have been sanctioned as professions by the government.  Lawyers, doctors, architects and engineers each have a code of ethics which they must follow in order to retain the privilege of practicing that occupation.   If they fail to follow the code, they are subject to ejection from the profession and suit for malpractice.

This raises the question whether programming is a profession.  Is a software engineer truly an engineer or merely an impostor?  If not, then maybe society should not expect a level of conduct other than that which now prevails.

It may be argued that computer programming is relatively new when contrasted with recognized professions and that in time it may evolve to such high standing.  If this is true, the first step in such evolution is the delineation of standards accepted by the majority of computer programmers. 

This step has been taken by a number of trade organizations, but have such standards been adopted by your business or organization?  Has your company taken a stand on right and wrong behavior?

Where standards exist, have they been enforced?  As has been recognized by the legal bar, if bad apples aren’t thrown out, they will ruin the credibility of ethical attorneys.  If bad attorneys are praised and held in high esteem, then the image of the legal profession will be harmed.  Recent high publicity trials have displayed attorneys who will do and say anything to get their clients off, regardless of the defendants’ guilt or innocence.  As a consequence, the legal profession has suffered.

Does a similar problem exist with computer programmers.  Is it not true that celebrity status is accorded to programmers who figure out how to decompile proprietary programs or hack their way into confidential data files?  Is it not better for a programmer to be creative than honest?  Do not programmers view the programs they create as their own property, regardless of the paycheck they received for their work?

If the current situation is not perceived as a problem, there will be no change.  But if change is desired, how will it be accomplished?  Education certainly must play a role.  Attorneys are required to take a course in ethics towards their degree.  Continuing education is also required on the subject of ethics to maintain the privilege to practice.  Similar educational requirements should be established for programmers.

A friend of my once told me, “You can’t teach ethics, you either have them or you don’t!”  If this observation is true, then there may be no hope for computer programming ever becoming a profession.  Even so, many of the activities described in this article do not raise merely questions of ethics, but of law.  The wrongful conduct represents both civil and criminal violations.  Tolerance of such behavior subjects programming managers to personal and organizational liability.  So, ultimately, the problem cannot be shrugged off.   Controls must be implemented or the question of ethics may suddenly become less than an academic discussion.

Karl Dakin