legal issue assignment Qs

An offer you can?t refuse?
Abstract
A marketing manager is offered inside information on a competitor?s marketing plans by a disgruntled employee. However, the ?mole? expects something

in return.
Key words
Industrial espionage, unfair competition, duty of confidentiality
The case
At the annual conference of a national professional marketing body, members have attended dinner, and they are now socialising and networking. One

attendee, Sheila, is a regional marketing manager for a well-known coach company. Later in the evening, she finds herself in conversation with a

participant who begins by saying ‘let me bend your ear for a while’. The person is slightly drunk, and Sheila begins to move away, but the person

takes hold of her arm and says ‘Listen to me. You and I are competitors, but I think we could be on the same side’. Not wishing to make a fuss,

Sheila stays. He then explains that he’s disgusted with the way he has been treated, that he has been refused a merited promotion and that he is now

‘at the beck and call? of this inexperienced manager who got the job and who doesn’t know the first thing about the product or about marketing.

Sheila listens, sympathises, and then indicates that she has to leave to meet some other people. But the participant says ‘I’ve got something better

to offer you. I have a copy of our marketing plan for the next financial year. Don’t ask me how I got it. But I want you to read it. I’ll leave it

for you at Reception in a little while. Read it. Return it to Reception and I’ll collect it in the morning. There will be no charge?, he concluded,

‘but if I do apply for a job with you remember where you obtained the information that will get you your promotion’. He winks, as he moves away;

‘Don’t forget, just pick it up at Reception and return it there’.
Questions:

Q1a ? What do you think Sheila should do? What would you do in similar circumstances?
Q1b? In general, what rules or guidelines would you apply to cases of this kind? How far is it possible to say ‘All is fair in love and war and

market competition’?
Q1c. Does the end justifies the means. If Sheila were to read the marketing plan would she be under any kind of obligation to the person who gave it

to her?
Q1d. Would you want to recruit someone who had been disloyal to their previous employer?
Don?t write the questions or the case. Just answer the questions as Q1a, Q1b, Q1c and Q1d.

(Example taken from The Institute for Global Ethics to promote a global understanding of ethics and to promote ethical decision making)

Case:

The mood at Mumbai North High School is tense with anticipation. For the first time in many, many years, the high school basketball team has made it

to the national semifinals. The whole city and the community is excited too, and everyone is making plans to attend the big event next Saturday

night. Jeff Mugadala, the coach, has been waiting for years to field such a team. Speed, teamwork, balance: they’ve got it all. Only one more week to

practice, he tells his team, and not a rule can be broken. Everyone must be at practice each night at the regularly scheduled time: No Exceptions.

Ramma and Mike are two of the team’s starters and their star players. From their perspective, they’re indispensable to the team, the guys who will

bring victory to North Mumbai High. They decide?why, no one will ever know?to show up an hour late to the next day’s practice.

Jeff, their coach is furious. They have deliberately disobeyed his orders. The rule says they should be suspended for one full week. If he follows

the rule, Ramma and Mike will not play in the semifinals. But the whole team is depending on them.

Q2. What should the coach do? Write only your answer. Justify your suggestions and how did you arrive at your suggestions. Minimum 2 pages.

Q3. For years, there has been controversy about whether radio waves from cell phones increase the risk of brain cancer. Find recent studies and

report your findings in your own language. Give references.

Q4.

Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,

shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place

to be searched, and the persons or things to be seized.

Electronic surveillance is the epitome of the two-edged sword of technology for many Americans. Public opinion polls evidence considerable concern

about possible excessive and abusive use of electronic surveillance by the Government (and others), and show support for strong safeguards and

protections to tightly control the use of such technology. But, at the same time, the public is concerned about crime?especially violent crime?and

supports the appropriate use of technology to combat and prevent crime and bring offenders to justice. ?

The capabilities for surveillance-the observation and monitoring of individual or group behavior including communication- are greatly expanded and

enhanced with the use of technological devices. For example, technology makes it more efficient and less conspicuous to track movements, to hear

conversations, to know the details of financial and other personal transactions, and to combine information from diverse sources into a composite

file.

New surveillance tools are technically more difficult to detect, of higher reliability and sensitivity, speedier in processing time, less costly,

more flexible and adaptable, and easier to conceal because of miniaturization and remote control. Current R&D will produce devices with increased

surveillance capabilities, e.g., computer speech recognition and speaker identification, fiber optics, and expert systems.

From a law enforcement and investigative standpoint, the potential benefits offered through new electronic technologies may be substantial- e.g., the

development of more accurate and complete information on suspects, the possible reduction in time and manpower required for case investigation, and

the expansion of the options for preventing and deterring crimes. From a societal perspective, the possible benefits are also important?including the

potential to increase one?s sense of physical security in the home and on the streets, improve the capability to know when someone is in need of

assistance, strengthen efforts to prevent the sale of illegal substances, and enhance the protection of citizens and Government officials from

terrorist actions.

However, while providing increased security, the use of sophisticated technologies for surveillance purposes also presents possible dangers to

society.? Over time, the cumulative effect of widespread surveillance for law enforcement, intelligence, or other investigatory purposes could change

the climate and fabric of society in fundamental ways. For example, how will hotlines that encourage people to anonymously report potentially

damaging information and one-party consent to the monitoring of conversations affect the level of trust in our society? Will private space and

anonymity be preserved when individuals increasingly must make private information widely available, e.g., to banks, medical clinics, and credit

agencies, in order to carry on everyday activities? How will informality and spontaneity in communications and behavior be affected as more personal

activities are ??on the record? or ?in view?? [https://www.cybertelecom.org/security/bigbrother.htm]

Q4. Pick another country (other than USA), and explore if their constitution has any provisions similar to Fourth Amendment. Explore it. How are the

IT capabilities addressed? Cite cases or examples.