The Information Technology Act

The Information Technology Act When Internet was developed, there was hardly any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities in cyberspace. All existing laws had to be amended to suit the latest developments. Since other laws cannot handle cyber legislations completely, the need was felt to introduce cyber law as a separate discipline. Reasonable Security Measures must be adopted while handling, storing, processing Sensitive Personal Information and Data. This paper examines the various aspects of Cyber Legal System. Keywords- Cyber Crimes, Cyber Crime Investigation, Cyber Forensics, Cyber Space, Cyber Law, Data Protection, Digital Signatures, E-Contracts, Intellectual property rights, IT Act INTRODUCTION The growth of Information Technology has given rise to a new society named Cyber Society. Computers and allied technology is used as a basic tool in Communication, Storage, and Control. Cyber Society includes Cyber Space which is no different from physical space in real society. Information and Communications Technology popularly known as ICT is considered as an integration of computers, software, storage, visual systems, telecommunications that enables a user to access, store, transmit and handle information. To maintain harmony and co-existence in Cyber Space, a need was felt for a legal regime which we call as Cyber Law. In simple words, Cyber Law is the law governing and regulating cyber space. Cyber Laws impact every aspect of Cyber Society be it Education, Entertainment, Business etc and are considered as basic laws of Cyber Space. INFORMATION TECHNOLOGY ACT Indian Cyber Law comprises mainly of Information Technology Act. The Information Technology Act was enacted in the year 2000 and came into force since then. IT Act 2000 is not a penal statute. The Act is intended to promote e-governance of which an essential part is e-commerce. All cyber crimes do not come under the ambit of IT Act; many crimes are covered under IPC. The objective of IT Act 2000 is to provide legal recognition to electronic records and transactions carried out by way of electronic data interchange. CYBER CRIMES Cyber Crimes require no special introduction. In this information technology era, computers and technology are used in every phase be it Business, Education, Governance, Communication, Booking of Rail, Air, Cinema Tickets to name a few. Crimes committed in the Cyber World are Cyber Crimes. In general, cyber crimes can be explained as crimes committed by using a computer either as a tool or a target or sometimes both. There are a variety of Cyber Crimes including Unauthorized Access, Tampering Computer Source Code, Electronic Documents, Forgery, Virus, Trojans, Online Defamation, Cyber Trespass, Stalking, Email Harassments, and Lottery Scams etc. New types of crimes are evolving day by day. Information Technology Act 2000 discusses certain types of Cyber Offences and provides Civil and Criminal Remedies thereon. The punishment is also provided under Information Technology Act 2000, Indian Penal Code, Criminal Law, and Banking Law etc. Therefore, any crime committed on the Cyber Space or by use of Cyber tools is punishable under Indian Law. These Laws are also applicable for persons residing outside India provided any computer, computer network, computer resource in India is used to commit a crime. E-CONTRACTS DIGITAL SIGNATURES A contract is considered as a key element in business. All agreements enforceable in a court of law only are called contracts. The ICT has given a new medium to transact business which is the electronic medium. A new form of business called e-business has become popular today which led to a revolution in commerce by way of e-commerce. With the rise in e-commerce, e-business, the business essentials also turned electronic. This has bought in a revived approach to paper based contracts by introducing e-contracts or online contracts. Information Technology Act has provided legal recognition to all e-contracts. The Act has advanced a unique form of authentication by way of e-authentication which includes digital and electronic signatures. An Electronic document to be legally valid has to be affixed with digital/ electronic signature. The digital signature is needed to use a PKI (public key infrastructure) authentication mechanism. Digital Signature forms an important component of E-contracts and a standard one way hash algorithm is adopted for checking the data integrity. In simple words, there is a public key which in the public domain and there is a private key which is known only to the private user, only if both the keys correspond the document is validated. The Government has licensing authorities called CAs (Certifying Authorities) who would be responsible for issuing a standard key generation systems to the public. A digital certificate would be issued based on application and certain approved procedures. At present there are four agencies established for this purpose including NIC, IDRBT and two private agencies like TCS, Safe Scrypt. IT Act 2000 has also provided a clarification as to determining the time and place of an electronic document when it is transmitted from one place to other. Any electronic document including a webpage, e-mail or any computer generated document can be held against the originator for legal purpose under the ambit of this law. Any automatic system which is either a hardware or software like programs, servers, routers can be considered as an Agent of the owner and any action taken by such a system may be legally held to be an action taken by the owner himself. DIGITAL RIGHTS Freedom of Speech and Right to Privacy are considered as certain rights which all the Citizens enjoy in the nation. Correspondingly, these rights also exist in the digital world. Just as freedom of speech is guaranteed by the Constitution of India, the same also extends to Online Speech or Cyber Speech that might include expression on a website, rights of regulators to restrict the freedom in the interest of sovereignty and integrity of the country, maintaining friendly relations with its neighbors as well as to retain harmony and peace in the society. The Information Technology Act provides that the Controller of Certifying Authorities can order decryption of any information and failing to co-operate with the concerned authority could lead to imprisonment. In addition, under POTA (Prevention of Terrorism Act), the appropriate authorities can intercept communication including emails under approved procedures without the knowledge of the user of the email. Likewise, an investigating Police officer has certain rights to not only intercept and monitor communication but also provide requisition support of the Network administrator for the purpose under Criminal Law read along with Information Technology Act. Right to privacy is a personal right that is guaranteed by the Constitution of India. In the world, whenever a person visits a website or sends out an e-mail his digital identities are being recorded by several systems. Additionally, users share their personal information for varied reasons to different websites. This information is covered under the privacy rights of a user. INTELLECTUAL PROPERTY There exists digital property in cyber world as like the real property in real world. The digital property is also known as Intellectual Property. It is an intangible asset and a vital element in the e-business. It comprises of Copyright, Patent, Trade Mark, Trade Secret, Domain Name, Semi Conductors and Industrial Layouts, Designs. Domain Name is a crucial digital property which a website owner possesses. There is a contractual arrangement between the Domain Name Registrant and Domain Name Registrar. Domain Name registrars are those who are authorized for the purpose by ICANN (Internet Corporation for Assigned Names and Numbers) and the law regarding domain names is governed indirectly by the policies of the ICANN. Laws relating to domain names is associated and linked closely to Trade Mark Law. Generally, the person holding a trademark right can claim priority to possess a corresponding domain name. Content is another cyber property that needs to be considered. Content either within a file or on a website confers a copyright to the original author. The holder of copyright can assign or license the copyright for a price or allow it to be freely used by the public. Infringement, Punishments, Remedies are provided under the Copyright Law. Copyright in cyber world has some grey areas mainly due to a strict definition of Copyright law as applicable to the Meta Society would make Caching, Proxy Server Setting, Meta Tags setting, Caching by a search engine, Hyper linking, Framing, File Sharing etc as possible copyright infringements. Another area where digital property can be recognized is patents on Software and Web Utilities. These are encompassed under the Patent laws. A patent holder can enforce payment of licensing fee or damages if a Patent system is used by another person without specific authorization. Patents in the cyber world are facing a dilemma especially in regard to aspects of technology that are needed to keep the Internet going like Framing, Hyper Linking etc since they are claimed as patented products by the patent holders. DIGITAL EVIDENCE Evidence is the element which probablises a case in a court of law. The evidence in digital form is called Digital Evidence. This digital evidence may be found in computer hard disks, cell phones, iPods, pen drives, digital cameras, CDs, DVDs, floppies, computer networks, the Internet etc. In Civil Law, evidence is analyzed on the principle of PREPONDERANCE OF PROBABILITY. In Criminal Law, evidence is analyzed on the principle of BEYOND RESONABLE DOUBT. Digital Evidence is relatively difficult to destroy. Even if it is deleted, digital evidence can be recovered. When criminals attempt to destroy digital evidence, copies can remain in places they were not aware of. The Present Legal Scenario mandates two sets of quantum of evidence à ¢Ã¢â€š ¬Ã‚ ¢ STRINGENT à ¢Ã¢â€š ¬Ã‚ ¢ RELAXED FACTORS OF DIGITAL EVIDENCE à ¢Ã¢â€š ¬Ã‚ ¢ IDENTIFICATION à ¢Ã¢â€š ¬Ã‚ ¢ PROCUREMENT à ¢Ã¢â€š ¬Ã‚ ¢ PRESERVATION à ¢Ã¢â€š ¬Ã‚ ¢ ANALYSIS à ¢Ã¢â€š ¬Ã‚ ¢ PRESENTATION IN A COURT OF LAW If it can be proved that the chain is not compromised and from the time the sample is taken a standard protocol was followed,the defence tries to demonstrate that there was a possibility of compromise in the chain and proves that he is entitled for a benefit of doubt.(NDPS ACT ,FOOD ADULTERATION). The basic philosophy of understanding or accepting evidence is to know its authenticity. A document should be demonstrated or proved that it is the same document what is purports to be. The forensic skills, technology may be used to prove or demonstrate before a court of law. Section 65 B of the Indian Evidence Act 1872- a certificate similar to Section 3, 4 of Bankers Book Evidence Act. LOGIC BEHIND THE LAW In a secure environment, if persons are to transact there should be a trusted authority. The authority would supervise things to check the integrity, attributions and to prevent non- repudiation. If all these characteristics are given to any environment, the legal system of any country would accept it as legally admissible evidence. TRUSTED AUTHORITY The certificate issued by a trusted authority there is a general tendency to believe it to be true. There are many cases of manipulation of these certificates, but still such systems are not scrapped off. Eg: Voter ID, Passport There cannot be a 100% fool proof system. If it can be demonstrated before a court of law that the new technology is reasonably reliable which would indicate that if manipulated can be found out, then it is accepted by the court. The trusted authority is the certifying authority. It certifies the digital signature. There is an attribution or a presumption a corresponding amendment in the Evidence Act all these together make a presumption. All presumptions are rebuttable. The presumption shifts the onus or burden to the other party to prove the compromise. It applies to civil and criminal law. It is the passport office of the digital world. CYBER CRIME INVESTIGATION It is the Collection, Analysis, investigation of digital evidence, cyber trails. The various techniques of cyber crime investigation include forensic analysis of digital information -using forensic tools, use of sound forensic procedure to identify and detect evidence, examination of evidence, observation of proper custody of evidence, control procedures, documentation of procedures, findings to ensure admissibility in a court of law, preparation of comprehensive written notes, reports. INCIDENT RESPONSE It is considered as a pre-cursor to techniques of cyber crime investigation, forensic tools. Incident Response may be referred to as precise set of actions to handle any security incident in a responsible, meaningful and timely manner. The goals of incident response include confirming whether an event has occurred, educating senior management, helping in detection or prevention of such incidents, minimizing disruption, facilitating criminal action against perpetrators. Various steps of incident response are detection of incidents, initial response, investigation of event, reporting, resolution, pre-incident preparation. CYBER FORENSICS It is considered as the use of investigative, analytical techniques to identify, collect, examine, preserve and present evidence or information which is magnetically stored or encoded. Cyber Forensics can be also defined as the scientific method of examining, analyzing data from computer storage media so that data can be used as evidence in court The goal of computer forensics is to perform a structured investigation while maintaining a documented chain of evidence to find out exactly what happened on a computer and who was responsible for it. Computer evidence is just like any other evidence in the sense that it must be authentic, accurate, complete, convincing to Juries, in conformity with common law and legislative rules. EXAMINER OF ELECTRONIC RECORDS Section 79 A of IT Amended Act 2008 empowers the Central government to appoint any department or agency of Central or State government as Examiner of Electronic Evidence. This agency will play a crucial role in providing expert opinion on electronic form of evidence The explanation to the Section has an inclusive definition of electronic form evidence that means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines. With the increasing number of cybercrime cases it will become necessary to set up at least one Examiner of Electronic Evidence in each State. The CDAC cyber forensics lab in Trivandrum, CFSIL laboratory in Hyderabad are playing similar role at present in cybercrime. COMPUTER- LEGAL DEFINITION COMPUTER is defined under Section 2(1)(i) of the IT Act as:- Computer means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;[1] ANALYSIS OF DEFINTION The term computer has been defined in a very wide sense. Considering the definition, devices like microwave ovens, washing machines, scanners, printers, desktops, personal computers, mobile phones etc are considered as a computer under Information Technology Act. COMMUNICATION DEVICE Similarly the word communication devices inserted in the Information Technology Amended Act 2008 has been given an inclusive definition, taking into its coverage cell phones, personal digital assistance or such other devices used to transmit any text, video etc like what was later being marketed as iPad or other similar devices on Wi-Fi and cellular models. CYBER SECURITY There is a need to create a secure environment in cyber space and also prevent unauthorized access and misuse of computer system. In simple words, the security of the cyber space can be called cyber security. Cyber security is critical due to the dangers that threats in cyber world. It requires a global co-operation and effort from all stake holders. DEFINITION The term Cyber Security is for the first time given a legal definition under Indian Cyber Law. Cyber Security has been newly added in the IT Amended Act 2008, under Section 2 (nb) which is as under- Cyber Security means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction. [2] ANALYSIS OF DEFINTION The said definition provides security in terms of both, physical security to the devices and security to the information stored therein such devices. The above definition also provides protection for unauthorized access, use, disclosure, disruption, modification and destruction to both physical device and the information stored therein. All communication devices like phones, smart phones and other devices used to communicate audio, video, image, text is covered under the ambit of the definition. DATA PROTECTION LEGAL REGIME Processing of data raises considerable issues on privacy, e-security, misuse of individual information and data. Personal data like credit cards, debit cards etc are normally routed via many countries. The Government of India recently notified the Reasonable security practices and procedures and sensitive personal data or Information Rules, 2011 (Rules) under Section 43A of the Information Technology Act, 2000 (ITA). These Rules have been made effective from April 11, 2011. Section 43A of the ITA inter alia deals with protection of data in electronic medium1 by providing that when an body corporate is negligent in implementing and maintaining reasonable security practices and procedures in relation to any sensitive personal data or information which it possesses, deals or handles in a computer resource which it owns, controls or operates and such negligence causes wrongful loss or wrongful gain to any person, such entity shall be liable to pay damages by way of compensation to the person so affected. Section 43A applies to data or information in a computer resource. The Rules define Personal Information and Sensitive personal data or information to mean as follows: Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person Sensitive personal data or information means such personal information which consists of information relating to;- (i) Password; (ii)Financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) Physical, physiological and mental health condition; (iv) Sexual orientation; (v) Medical records and history; (vi) Biometric information; (vii) Any detail relating to the above clauses as provided to body corporate for providing service; and (viii) Any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.[3] EXCEPTION TO SENSITIVE PERSONAL DATA OR INFORMATION Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force is not to be regarded as sensitive personal data or information. ANALYSIS Definition of personal information is wider than sensitive personal data or information (SPDI). The definition of SPDI is in the nature of an exhaustive list of items. Hence, no other information apart from the one listed above, would be considered as SPDI. It is interesting to note that Section 43A only included SPDI within its ambit, but some of its provisions of the Rules have been made applicable to Personal Information. It is appropriate to note that these Rules apply to personal information irrespective of the nationality of the provider of the information; thus information provided not only by Indian nationals but also by nationals in different jurisdictions, whose information is stored, dealt or handled by a corporate entity in a computer resource in India would attract the provisions of the ITA. The applicability is driven by the location of computer resource in India, as can be seen from the wording of Section 43A of the ITA read with the Rules. Rules will also be applicable in cases where the information is collected in India and is transferred to any computer resource outside India and also in cases where the information is neither collected nor stored in India, but is dealt with or handled in India E.g. even accessed from India. Thus, typical outsourcing businesses where personal information of foreign nationals is transferred to Indian entity (ies) who deal or handle such information would henceforth attract the provisions of the IT Act. DATA PRIVACY RULES SECURITY MEASURES The Data Privacy Rules require that the body corporate and the Data Processor implement reasonable security practices and standards; have a comprehensively documented information security program, and security policies. These must contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected and with the nature of business. The International Standard IS/ISO/IEC 27001 on Information Technology Security Techniques Information Security Management System Requirements is recognized as an approved security practices standard that the body corporate or the Data Processor could implement to comply with security measures under the Data Privacy Rules. Any other security standard approved by the Central Government may also be adopted by the body corporate or the Data Processor in compliance with the security measures under the Data Privacy Rules. The security standards adopted by the body corporate and the Data Processor should be audited by an auditor approved by the Central Government. The audit must be carried out at least once every year, or at such times as the body corporate or the Data Processor undertakes a significant upgrade of its process or computer resource. If there is an information security breach, the body corporate or the Data Processor will be required, upon request from a governmental agency, to demonstrate that it has implemented the security control measures as per its documented information security program and information security policies. A corporation is required to designate a Grievance Officer to address the grievances of the Provider. The name and contact details of the Grievance Officer must be published on the website of the body corporate. The Grievance Officer must address the grievances within 1 month from the date of receipt of grievance. JURISDICTION Since the cyber world is a boundary less world, there are lots of issues regarding Jurisdiction, which laws would apply. Material may be lawful at one place, but unlawful somewhere else for instance the places from where is it accessed. The Yahoo Case is a classic example. ILLUSTRATION Consider a scenario, where a person A is employed as a computer programmer by a bank in Country X. The programmer managed to instruct a computer to transfer money to his account in Country Y. A case was registered against the programmer in Country X. On Appeal, the Court in Country X had no jurisdiction over matters from Country Y. Though S.75 of IT Act provides for extra-territorial operations of this law, but these should be enforced with orders and warrants of external authorities and demands a highest level of inter-agency cooperation. ADJUDICATING AUTHORITY ADJUDICATING OFFICER Up to Rs.5 Crores IT SECRETARY OF THE STATE. CYBER APPELLATE TRIBUNAL appellate jurisdiction. SUB COURT or CITY CIVIL COURT. CYBER CRIME PROSECUTION Section 67 C to play a significant role in cyber crime prosecution- Section 67 C brings a very significant change in the IT Act, 2000. According to this section, intermediaries shall be bound to preserve and retain such information as may be prescribed by the Central government and for such duration and format as it may prescribe. Any intermediary that contravenes this provision intentionally or knowingly shall be liable on conviction for imprisonment for a term not exceeding 2 yrs or fine not exceeding one lakh or both. Many cybercrime cases cannot be solved due to lack of evidence and in many cases this is due to the fact that ISP failed to preserve the record pertaining to relevant time . This provision is very helpful in collection of evidence that can prove indispensable in cybercrime cases POSSIBLE RELIEFS TO A CYBERCRIME VICTIM- STRATEGY ADOPTION A victim of cybercrime needs to immediately report the matter to his local police station and to the nearest cybercrime cell Depending on the nature of crime there may be civil and criminal remedies. In civil remedies, injunction and restraint orders may be sought, together with damages, delivery up of infringing matter and/or account for profits. In criminal remedies, a cybercrime case will be registered by police if the offence is cognizable and if the same is non cognizable, a complaint should be filed with metropolitan magistrate For certain offences, both civil and criminal remedies may be available to the victim CONCLUSION The word cyber crime is not mentioned in the IT ACT for the reason that not to scare away the potential users and keeping in mind the basic philosophy of reducing the digital divide(computer literate or not ) . Reasonable measures should be adopted. The IT Act is an articulation of all existing laws with e added to most of the provisions. The dark or grey areas should not alone be highlighted. We can therefore conclude that cyber law knowledge is the need of the hour for the persons working with computers, computer systems, computer networks, computer resources and information communication technology since these laws cover the legal aspects of the information technology and ignorance of law is no excuse in the eyes of law.

Benjamin Franklin: Man Of Manytalents

To say that Benjamin Franklin was a jack-of-all-trades is an understatement. Franklin, a notable polymath, excelled in politics, diplomacy, writing, printing, math and science. His inventions, both physical and social, subsist in modern societies worldwide. But Franklin influenced no country more than the land he fathered, the United Sates of America. His signature is on our Declaration of Independence, but Franklin’s influence does not stop there. His signature is also on the lightning rod, glass harmonica and bifocal glasses.His signature graces the abolition movement, republicanism and the Franklin Institute of Boston. Franklin’s contributions to the advancement of the United States of America were diverse and long-standing. Verification lies in Franklin’s involvement with the American Revolution and abolitionism, as well as his lasting legacy in American society. To understand a person and his contributions, it is important to know the man behind the ideas. B enjamin Franklin was born in 1706 to Puritan parents Josiah Franklin and Abiah Folger. Benjamin was one of Josiah’s seventeen children, ten of which were born of Abiah Folger.From a young age, Puritan values were instilled in Benjamin’s daily life. Hard work and equality are two such values that followed Franklin through his professional career. At twenty years of age, according to his autobiography, Benjamin penned a list of thirteen virtues by which he should conduct his life. The list includes common Puritan values, such as humility, moderation and chastity. Franklin also added a few of his own principles, including resolution, order and justice. â€Å"These names of virtues, with their precepts were: 1. Temperance: Eat not to dullness; drink not to elevation.2. Silence: Speak not but what may benefit others or yourself; avoid trifling conversation. 3. Order: Let all your things have their places; let each part of your business have its time. 4. Resolution: Resolve to perform what you ought; perform without fail what you resolve. 5. Frugality: Make no expense but to do good to others or yourself, i. e. , waste nothing. 6. Industry: Lose no time; be always employed in something useful; cut off all unnecessary actions. 7. Sincerity: Use no hurtful deceit; think innocently and justly, and, if you speak, speak accordingly. 8.Justice: Wrong none by doing injuries or omitting the benefits that are your duty. 9: Moderation: Avoid extremes; forbear resenting injuries so much as you think they deserve. 10. Cleanliness: Tolerate no uncleanliness in body, clothes, or habitation. 11. Tranquility: Be not disturbed at trifles, or at accidents common or unavoidable. 12. Chastity: Rarely use venery but for health or offspring, never to dullness, weakness, or the injury of your own or another's peace or reputation. 13. Humility: Imitate Jesus and Socrates. † This diverse list would prove invaluable throughout Franklin’s career.Be it his diplomacy during the American Revolution, the abolition movement after the war, or his lasting contributions to American society, Franklin rarely saw a dichotomy between personal beliefs and public persona. Our first glimpse into the mind and times of Franklin came via his 1733 publication of Poor Richard’s Almanack. Under the pseudonym Richard Saunders or â€Å"Poor Richard,† Franklin composed an abstract almanac. The publication included conventional information such as calendar, weather astronomical and astrological information.It was abstract, however, in that Poor Richard’s Almanack contained proverbs composed personally by Benjamin Franklin. The same pages that included temperature fluctuation and moon cycles also housed some of the most recognizable maxims of modern history. â€Å"Fish and visitors stink in three days,† warned Franklin in Poor Richard’s Almanack. Some sayings have changed slightly over time. For example, we know â€Å"a penny saved is twopence dear† as â€Å"a penny saved is a penny earned,† but both hold true in modern society. The mere compilation of information and statistics was commendable in Franklin’s time.Poor Richard’s Almanack was notably accurate and popular among American citizens. The annual publication ran without interruption from 1733 through 1758. Franklin sold roughly 10,000 copies of Poor Richard’s Almanack per year, an amount comparable to nearly three million copies by today’s standards. Franklin was not content publishing a traditional almanac. In 1750, Franklin reported what would prove to be our country’s first unofficial demographic. Franklin continually redefined and remolded Poor Richard’s Almanack throughout its tenure.However, it would be Franklin’s proverbs of Puritan virtues that proved most noteworthy of Poor Richard’s Almanack subject matter. Nowhere are Franklin’s virtues more apparent than in his supp ort in the abolition of slavery. It was not until after that American Revolution that Franklin declared himself an abolitionist. However, it goes without saying that Franklin’s Puritan morality had been leading him there for some time. It is also interesting to note that Franklin’s maternal grandmother, Mary Morrill, was an indentured servant prior to marriage.It could be said that abolitionism ran through Franklin’s veins. Franklin’s first public exposure to slavery and abolition came during the American Revolution via a British court ruling by Lord Chief Justice Mansfield. Mansfield presided over the case of James Somerset, a British-owned slave who ran away from his master. After much deliberation, Mansfield ruled in favor of the runaway slave. Mansfield determined that since slavery had never existed as an institution under British law, Somerset was free. This marked the beginning of the end of slavery in England.While abolition was a giant step for h uman rights in England, Franklin and the other colonists viewed the ban on slavery as contempt toward America. The end result was an increase in revolts among American-owned slaves. Franklin finally stepped in after the British downplayed America’s call for human rights. The British labeled the Americans hypocritical for preaching human rights while many of their leaders still owned slaves. Franklin responded publicly by mocking England’s so-called attempt toward abolition.Franklin pointed out that freeing one slave, yet still permitted the Slave Trade is also hypocritical. After the war, Franklin led by example, freeing both of his slaves. In 1787, Franklin accepted the presidency of the Pennsylvania Abolition Society. As outspoken as he was on the issue of slavery, Franklin understood the dangers of premature abolition. â€Å"‘Slavery is such as atrocious debasement of human nature that its very extirpation, if not performed with solicitous care, may sometimes open a source of serious evils,’ Franklin wrote in a November 1789 address to the public from the society.† Franklin still fought for the abolition of slavery. He also took special precaution by establishing a twenty-four-person committee divided into the following subcommittees: â€Å"Committee of Inspection, who shall superintend the morals, general conduct, and ordinary situation of the free Negroes, and afford them advice an instruction. Committee of Guardians, who shall place out children and young people with suitable persons, that they may (during a moderate time of apprenticeship or servitude) learn some trade or other business.Committee of Education, who shall superintend the school instruction of the children and youth of the free blacks. They may either influence them to attend regularly the schools already established in this city, or form others with this view. Committee of Employ, who shad endeavor to procure constant employment for those free Negroes wh o are able to work; as the want of this would occasion poverty, idleness, and many vicious habits. † Franklin’s petitions for abolition were strongly denounced, especially in the South.Still, Franklin dedicated the latter part of his life to anti-slavery lobbying in the form of essays and actions. Franklin is best known for his involvement in the American Revolution and subsequent drafting of the Declaration of Independence. Ironically, it was Franklin, a plain-clothes politician who never stepped foot on the battleground, that made as lasting an impression as any on the American Revolution. â€Å"Franklin had been instrumental in shaping the three great documents of the war: the Declaration of Independence, the alliance with France, and the treaty with England.† Franklin used the pen instead of the sword to fight for his country. Franklin was unanimously chosen as a delegate to the Second Continental Congress, which was to meet amidst the battles of the American Revolution. Franklin would prove quite useful in the Continental Congress. â€Å"In the Congress, Benjamin Franklin accepted every duty thrust upon him. After all, he had more experience, more intimate knowledge of British intentions and wiles, more accumulated wisdom than most of the other delegates. † Ironically, Franklin never made a Congressional speech.He left that to the orators. Instead, Franklin stuck to his strong points of organizing, writing and committee regulation. At the time, he was a silent leader in Congress. But history writes him in a different, more honorable light. Today, Franklin is perhaps best known for his patriotism and dedication to the advancement of his homeland during the American Revolution. Temperance was a virtue that made Franklin’s list of Puritan ideals to live by. He practiced temperance, along with humility, chastity and the other virtues in his personal and professional life.Franklin was diligent in his beliefs, but fortunately f or his fellow patriots and the future of our country, Franklin knew when to shift hears. In his autobiography, Franklin published the following letter written to his British companion, William Strahan, on July 5, 1755: â€Å"Mr. Strahan, You are a member of Parliament, and one of that majority which has doomed my country to destruction. You have begun to burn our towns, and murder our people. Look upon your hands! They are stained with the blood of your relations!You and I were long friends: You are now my enemy, and I am, Yours, B Franklin† It should be noted that Franklin never sent the letter to his companion, William Strahan. The letter was, however, used to rile up his fellow American patriots during the early part of the American Revolution. The war had begun; the war to end all wars, according to Franklin’s beliefs. The British had become domineering and inhumane toward Americans. It was time, according to Franklin, to stand our country’s ground.â€Å"It was a true old saying that make yourself sheep and the wolves will eat you: to which I may add another, God help them that help themselves. † Friendship and pacifism were put on hold starting April 19, 175 at Lexington and Concord, the first battle of the American Revolution. The battles would not cease until July 4, 1776 and the signing of the Declaration of Independence. â€Å"This is the greatest revolution the world has ever seen,† Franklin wrote in his autobiography. Attacks and counterattacks plagued these two countries for over two years.Franklin, his mind leveled upon the cease-fire, understood the severity of such conflict. â€Å"The extreme cruelty with which we were treated extinguish’d every thought of returning to [England], and separated us forever. England thereby lost limbs that will never grow again. We too suffered greatly, but our losses would soon be repair’d by our good government, our industry, and the fertility of our country. â₠¬  In hindsight, we can acknowledge the progress made by both countries in the years following the American Revolution. Nothing stands out as much as liberty and justice for all.The Benjamin Franklin legacy exists worldwide, but it is especially strong in Franklin’s homeland, the United States of America. Many of his inventions, including the lightning rod, bifocal glasses and the flexible urinary catheter, are used daily in modern American society. His aphorisms of civic duty and personal virtue are instilled in modern American thought. A positive image of Benjamin Franklin exists in the hearts and minds of most Americans. It is safe to say, however, that Franklin’s most noticeable legacy is his monetary investment in the United States of America.Franklin donated ? 1,000 each to the cities of Boston and Philadelphia. Rather than being put to immediate use, Franklin requested that the funds be invested in a trust to gather interest for 200 years. The trust resulted fr om a parody of Poor Richard’s Almanack written in 1785 by Charles-Joseph Mathon de la Cour called Fortunate Richard. Mocking the spirit of American optimism, the story told of Fortunate Richard’s small donation to the United States of America only to be used after a 500-year investment.Franklin was able to put a positive spin on the parody by accepting the Frenchman’s arrangement in a literal sense. Franklin donated ? 1,000 to his native cities, Boston and Philadelphia, with instructions to invest for 200 years. The trusts grew beyond the million-dollar-mark before the investments came due. The money has predominantly been spent on mortgage loans and scholarships. A portion of Boston’s trust was used to establish a trade school that became the Franklin Institute of Boston. Although Franklin was a man of many talents, he was not a man of many faces.The most noteworthy aspect of Franklin’s life is that he compromised little to none of his values when shifting duties. Be it the transition from personal to political or political to scientific, Franklin carried his Puritan ideals throughout his life and career. It can be seen in his diplomacy during the American Revolution, the abolition movement after the war, and his lasting contributions to American society. Franklin rarely saw a dichotomy between personal beliefs and public persona. Franklin was quoted as saying, â€Å"fear not death; for the sooner we die, the longer shall we be immortal.† Franklin surely was not fearful; not during his tenure as a politician, or an inventor, or a family-man. Americans are fortunate to have been preceded by such a dedicated man. His patriotism and promise shine all the way through to modern society. ? BIBLIOGRAPHY Aldridge, Alfred Owen. Benjamin Franklin: Philosopher and Man. Philadelphia: J. B. Lippincott Company, 1965. Ben Franklin Institute of Technology. http://www. bfit. edu. Gaustad, Edwin. Benjamin Franklin. Oxford: Oxford Unive rsity Press, 2006. Independence Hall Association of Philadelphia.http://www. ushistory. org. Isaacson, Walter. Benjamin Franklin: An American Life. New York: Simon & Schuster, 2003. Jennings, Francis. Benjamin Franklin: Politician. New York: W. W. Norton & Company, 1996. Medicolegal. http://medicolegal. tripod. com. New York Times. http://query. nytimes. com. Skousen, Mark. The Completed Autobiography by Benjamin Franklin. Washington DC: Regnery Publishing, 2006. Virtual Library. http://www. vlib. us. Wikipedia. http://www. wikipedia. org. Wright, Esmond. Franklin of Philadelphia. Cambridge: Harvard University Press, 1986.

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Accounting Fraud And Unethical Business Ethics Essay

Enron Corporation, an oil later turned energy company, was founded in 1985. It quickly rose to the top, even being named Forbes Top Fortune 500 Company 6 years in a row. Despite small hiccups in its history, it pushed on, which some would account to its executives such as Kenneth Lay, Jeffrey Skillings, and more. In 2000, its stock was rising by three to four hundred percent. Suddenly, Enron declared bankruptcy in December of 2001, which shocked people everywhere. Accounting fraud and unethical business ethics committed by the company were surfacing and thousands of people were losing their jobs and benefits. The route of Enron’s downfall was not the fraud, but the lack of moral compass within the founders and executives of the company. By having the ability to push aside the guilt of hurting thousands of people, these men single-handedly ran this company into the ground. It is important when looking at this story to start from the beginning and understand how a company with great expectations was plagued by money and the loss of humanity. Enron was founded as an oil company after it merged with two companies, Houston Natural Gas Co. and Omaha-based InterNorth Inc. Kenneth Lay, who had been the CEO of Houston Natural Gas, became Enron s CEO and chairman, forming Enron into an energy trader and supplier. His main goal was to de-regulate the energy market from the government, so he set out to have Enron’s main mission to accomplish this. In 1987, Enron was faced withShow MoreRelatedEnron - Ethical Dilemma Essay1129 Words   |  5 Pagesstatements. But not only corporations can be blamed on this, accounting firms were involved in this as much as the corporations were. With the business stand point, ethics comprises of principles and standards that guide behavior. 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