Legal and Ethical Issues Concerning Online Learning
Introduction
Online Learning has emerged as a transfiguring concept in the contemporary society today. It has offered an undoubted range of opportunities to all the learning institutions as well as for learners in regard to flexibility, knowledge development, convenience and availability of information which is shared via electronic media (Bedford et al., 2011). Present services are mainly in the need of online learning facilities particularly for the educational based institutions that seeks mainly to provide elasticity and opportuneness to their learners with more enhanced access to learning content and materials. Online learning websites have acquired intense and speedy acceptance because of the massive benefits to those involved. However, despite the advantages, online learning has raised numerous legal, communal and ethical difficulties that necessitate immediate solutions (Bedford et al., 2011). The general online learning growth has mainly been fueled by technology advancement which supports the integration of supportive procedures which created an open opportunity for the learning facilities to accommodate the E-learning demands. Following a case study strategy, the paper will analyze both legal and ethical issues with respect to Online learning by evaluating the viability and functionality of such matters. These concerns, therefore, places several probable considerations on organizations and information developers to ensure that the system’s effectiveness is restrained from potent threats linked with these issues.
Online Learning Conceptual Basics
Online learning has acquired a leading position based on its speedy and desirable growth in the previous decade. While in general the graduate enrollment in particular for the undergraduate level is said to have increased by at least 3 percent, it is accounted that a 10 percent increase in regard to online learning admission has been achieved as well (Spain and Robles, 2011). As a result, above 70 percent of the graduate population, every year has at least engaged in a single online class. Online teaching and learning can best be described as a strategic plan that seeks to create flexibility in the acquisition of knowledge and skills development as necessitated socio-economically. Besides the intensifying online learning demands, there are concerns which had been raised in regard to online learning quality an issue that remains amongst institution’s administrators, students and the society in general (Spain and Robles, 2011). There are several legal and ethical forces that affect online teaching’s superiority one being the learning environment which plays a vital responsibility in regard to learning efficiency.
Ethics and Legal Terms Descriptions In Relation To Online Learning
Online learning environments necessitate a balancing of dissimilar anticipations of those that are involved as well as considering how ethics is perceived by users while learning on the online platform. To commence with, ethics involves what individuals are supposed to fulfill (Spain and Robles, 2011). Some ethical concerns, therefore arise where different individual’s interests collide thus requiring the application of principles that provides adequate considerations to all. The fairness of these principles is derived by acceptance and obedience by the society in general. On the other hand, the illegalness of the set policies determines whether the conduct is right or not. These create social, ethical as well as legal standards and expectations in regard to every interaction. In this regard, ethical and legal principles can be utilized to refer to rational and cooperative standards that hold higher aims when equated to member’s self-interests. This is the reason as to why legal and ethical principles signify courteousness and tolerance (Liu et al., 2014). Both ethical and legal online learning is acquired from both instructional and information sharing rules and morals.
Ethical Issues Concerning Online Learning
The ethical concerns in relation to online learning mostly begin from the inappropriate utilization of the popular reserve which is the internet. With the internet which offers more information as compared to physical classrooms learning it is very easy for students to cheat (Liu et al., 2014). In that online learning provides the opportunity to acquire fraudulent information or knowledge and directly apply it in their respective course assignments and projects. In this context, it is important for the software developers specifically for the online learning systems to formulate cautious designs that can be managed at ease in the quest of reducing unethical practices by learners which affect efficiency (Liu et al., 2014). Academic dishonesty cannot be encouraged at any given period given that it affects the integrity of education while increasing moral truancy.
Based on the difficulties experienced by online learners and teaching in passing and acquiring the needed skills in succeeding in today’s labor market as well as the challenges that are experienced by both parties while trying to communicate within the online platform, online learning, particularly for higher education, is faced by significant ethical barriers in regard to its general implementation (Cole, Swartz and Shelley, 2014). Based on universal knowledge it is apparent that acquiring career success necessitates having authoritative working ethics career responsibility and the general capability to interact and relate with others with integrity. Most of these aspects are affected by online learning because most learners take advantage by trying to venture in academic success shortcuts. Besides the prevailing academic dishonesty which is mainly fueled by the availability and easy access of immeasurable information online learning can restrain learners from acquiring soft and individual skills that are required for career success (Cole, Swartz and Shelley, 2014).
Learning efficiency is not achieved by the capability to acquire knowledge rather it is determined by the individual’s capability to transit by applying and translating knowledge to the real working demands (Spain and Robles, 2011). It is rather unfortunate that online learning particularly the programs that prepare learners to participate in the public facility industry makes the challenging to make the transition in the working world. These limitations that learners acquire from the online teaching create unethical scenarios, where the institutions provide its students with impractical anticipations and fail to provide them with the necessitated skills in achieving the objectives (Liu et al., 2014).
More so, in a typical context, online classes usually assign continuous discussion queries as a major assessment approach that should be returned in a written format which differs from the video based learning (Liu et al., 2014). In this context, the written responsibilities normally limit the learner’s opportunities to having verbal clarification or in arguing their thought in a confident, ordinary and proficient way. This signifies that there is a need for the institutions offering online learning to consider the manner in which the teaching approach within the online setting fails to inspire and support learners in developing suitable public participation skills. Based on the lack of such necessities in the sector, online learning places little or zero assertion in regard to the negative implications that every student might come across in the respective future expertise due to the inadequate experience acquired from online courses (Spain and Robles, 2011). In this context, learning institutes should be focused on evaluating the manner in which they implement online programs in the quest of achieving a curriculum that necessitates learners to similarly complete spoken as well as written tasks.
Instructional and video recordings in regard to compound and dynamic courses are some of the recommendations that learning institutions can utilize in creating interactive and vibrant online classes (Cole, Swartz and Shelley, 2014). The low assertion of oral communication and discussions is a noticeable scenario of the manner in which online learning is unprincipled. In public services and psychological fields, expertise should possess the capability to read individual’s body language as well as psychological wellness. The capability to read expression and body responses can hypothetically result in these expertise saving thousands of lives. Thus, these specialists eventually need to own the capability to establish whether their services are appreciated and valued by consumers (Cole, Swartz and Shelley, 2014). Based on research learners who acquire online educated cannot sincerely succeed in the application of public servicing or psychological therapy theories given that all they understand is to limitlessly respond to work demands via objective and written tasks.
In this context, it can be argued that it is unethical that online learning limits certain courses and curriculums to online teaching which raises a decency concern. In addition, the online platform can at times be utilized by instructors with unethical standards or principles as the means of inconspicuously striking their personal philosophies onto the learners (Bedford et al., 2011). Despite the fact that this can as well occur in physical classes, the potential of instructors presenting immoral beliefs upsurges within the online platforms given that the morality of the standards cannot be argued verbally and adequately. This scenario is known as having would ensure source commentary, where online learners only acquire instructions and details from one resource which is the instructor of media details thus creating limited chances for thoughts and information sharing with other learners (Bedford et al., 2011). For instance, a professor might pose certain theoretical or partisan agendas which are then applied to learnings descriptions. In such courses, there might be some learners with a different view or those that might require some interpretation in regard to why the philosophies were utilized but online platform denies such opportunities thus offering more authority to the instructors. Contrarily within the physical classes, such matters are solved immediately which offers some form of autonomy. Online learnings, however, forces learners to wait for the instructor’s authored reports after the next logging in which is controlled by their willingness and commitment (Bedford et al., 2011). Such status can in addition, negatively affect the relationship amid the students and professors, in that the interpretation of the reports differs based on the attitude and perception of the diverse learner's population.
In general online learning raises ethical issues from both the learner’s and the instructor’s perspective. In this context, instructors and the education facilities should engage in accurate evaluation of the associated benefits and well as outcomes in regard to online learning (Ostlund, Panchenko, and Engel, 2013). Success in education cannot be achieved without accounting for ethics given that the socially accepted standards fulfill. Online learnings limit the general student’s capability to perform as well equipped professional given that they are not equipped adequately in regard to applying the acquired learnings in real operations that necessitate cognitive as well as practical skills. Ultimately, these learners necessitate personal learning relations throughout the learnings process which seeks to ensure a thriving professional career (Ostlund, Panchenko, and Engel, 2013). The world today is changing rather rapidly and in meeting the socio-economic demands diverse professionals in regard to experience, knowledge, skills, and capabilities are highly necessitated.
Legal Issues Concerning Online Learning
There are several legal concerns that surrounding the development of the performance of online learning which affects the society in general. The most challenging and pressing issues which overlap in most cases are established in subjects of licensing, infringement, copyright, and data safety. Subjects related to intellectual property privileges as the major legal issues that are linked with online learning along with academic liberty, integrity, honesty have created increased attention to the manner in which such matters affect online learning with respect to legal principles. As noted by Akcapinar (2015) the effect of technology in regard to teaching is essential given that it has revealed concerns which were not in existence previously in regard to ethical and legal disputes. Defensibly, it is important to explore both sets of major issues in regard to machinery and computer based learning as an increasing concept today.
Intellectual Property Law in Protecting Personal Rights
In reference to law based assertions, intellectual property is described as imaginative, discovery, encounters or even inventive work that holds a value that is generated via human based activities by organizations of persons (Akcapinar, 2015). With respect to the education field, intellectual property can be defined as certified, copyrighted or patent pieces that involve any capacity effort like books, journals, and notes. Ownership presents many controversies in regard to education given that despite the fact that the laws allow the institutions to utilize the materials while acknowledging the actual authors most of these principles are breached in teaching deliveries as well as in learning given that most individuals prefer to duplicate. Personal data involves both opinions and facts in regard to an individual which can be termed as personal rights. Data Protection Act can be utilized in reference to any personal information. This means that the rights to guarding authors work should be protected and the processing should be done while observing personal rights security, accuracy and limited utilization (Akcapinar, 2015). Licensing refers to the legal principle of the manner in which one can utilize online learning protected materials. In educative platforms, licensing normally states the terms of software use such as a number of users and these terms are to be respected.
Copyright Infringement and Fair Use Problems in Online Learning
Copyright infringement can best be described as the utilization of work that is guarded by the law regarding copyright without acquiring for permission, infringing certain exclusive privileges that are given to the owner such as the reproduction privilege, transfer or display (Akcapinar, 2015). There should be a fair use understanding unless given other specifications that permits sensible utilization of materials for private investigation. The general tendency of making several resources copies without the direct authorization by the copyright possessor that recognizes fair use is not tolerable. The major legal subjects that result in problems in regard to online learning includes possession, copyright, denouncement and harassment issues. Each of these concerns, in addition, relates to the physical classes setting but also necessitates a fresh view in regard to online learning application (Toprak, Ozkanal, Aydin, & Kaya, 2010).
Acquiring articles of materials from the internet in order to assist students with learning is in most cases a form of copyright infringement given that there is no fair use. This is a major issue from most institutions globally given that the instructors tend to believe that everything performed within the set classrooms is relevant to fair use given that it only seeks to fulfil educational goals (Bedford et al., 2011). This perspective has stretched to the online field which exposes the unsuspecting users to major issues. In avoiding copyright infringement in the online platform the delivery practices should only focus on fair use directive. To most individuals copyright to the protection of individual’s thoughts, it that copyright law only protects thoughts expression as held in physical work. However, it should be noted that the copyright law in America permits authors to quote as well as paraphrase the original expressions without acquiring for the author's authority which falls under fair use principles. Therefore, in order to avoid the infringement of the copyright privileges, the users are required to acknowledge the actual authors (Bedford et al., 2011).
Today, students are more focused towards understanding the short strategies for achieving academic success particularly for the online assignments (Bedford et al., 2011). Given that the internet offers unlimited content, they prefer to copy the answers directly from the sources which are not exposed online and therefore making it hard to be detected by plagiarism tools. In inclusion to this tendency, the available materials on the online learning platforms can be modified and uploaded on a different online learning website without the authority of the real teacher mainly for the exhibition documents. This is an intrusion of intellectual property. In order to avoid the associated liabilities, online instructors should understand copyright laws source and their suggestions, given that this can effectively endorse productive online education and learning involvement (Bedford et al., 2011).
Fair Use
Despite the fact that copyright regulations are not a fresh concept in the education field, their consequences should be reviewed constantly given that the learning and instructional settings have changed due to digitalization. Fair use can best be described as a doctrine that originates from the American law that allows the utilization of copyrighted work without the acquisition of authorization from the copyright proprietor (Akcapinar, 2015). However, the use must be modest which means that one can either use direct quotes to rephrase the materials while recognizing the owners. The utilization of copyright directs as a means of stimulating information distribution should be a collaborative and imaginative venture. Fair use theories can be utilized to the copyright principles while setting specific restrictions in regard to copyright possessor’s privileges (Toprak, Ozkanal, Aydin, & Kaya, 2010).
Technology Tools That Protect Academic Integrity
Academic integrity can be termed as an essential aspect in regard to learning. Academic integrity can best be described as the honesty in which learners are oriented on doing their academic tasks by performing individualized work without copying (Liu et al., 2014). On the other hand, academic dishonesty is the utilization of unjustified assistance whether the learners are receiving or giving it. This might incorporate the creation of false information, misreporting findings duplication. In other words, it is untruthful and deceptive behavior. Based on the recent studies technology has developed drastically in regard to both learning and teaching. In this context, it offers fresh and more simplified strategies through which learners can cheat (Liu et al., 2014). The utilization of technological apparatus is essential in erecting as a while as preventing such kind of cheating which can also guard technology paybacks thus resulting in learning expansion. This can be performed by a review of the given work by the plagiarism tools which determine the originality of the work. Rather than focusing on the manner in which the effort to prevent cheating can be viewed by the student's institutions should work to ensure that cheating becomes intolerable. This is the major duty of protecting academic integrity while labeling the outstanding learners (Liu et al., 2014).
Works in the public domain and Works from the Creative Commons
Public domain is a term that is utilized to refer to create content that does not have intellectual property’s protection like patent or copyright. The materials are owned by the public in general and not any personal ownership (Ostlund, Panchenko, and Engel, 2013). The materials can be utilized by anyone but no one has ownership rights. In this context, online learning should mainly promote the use of materials from these specific sites in ensuring that no infringement is conducted. However, the utilized materials should be rewarded or well acknowledged to protect the domains rights. On the other hand, creative commons provides a variety of licenses where each of them is associated with differing privileges. Some of the rights include the ability to utilize the work, information use freedom for any objective, sharing freedom, and the permission to edit. This, therefore, provides learning institutions with the general capability to utilize transfer the materials freely without breaking any privilege (Liu et al., 2014).
Considerations for E-Learning Environments
Physical and online learning as dissimilarities in some aspects particularly with respect to the learning environments. In that online professors hold limited authority over the learner’s physical environment when equated to physical teachings (Toprak, Ozkanal, Aydin, & Kaya, 2010). Social, ethnic, spiritual, legal and ethical forces in regard to the learning environment have immeasurable effects on learning. It is, therefore, hard for effective learning to take place without having an appropriate environment. It is vital for learners to be provided with well-designed instructions in the quest of achieving learning effectiveness. The purpose is however reliant on environmental factors. To begin with, the first consideration is safety. In that, learning is effective if implemented in a reassuring and harmless environment (Toprak, Ozkanal, Aydin, & Kaya, 2010). Learners should at all times sense physical as well as spiritual wellness which in turn increases productivity. Professors should, therefore, establish safe virtual teaching surroundings for the respective learners. With the absence of physical communication, students fail to understand those contributing in the discussions.
For consistent participation, learners need to feel acknowledged and appreciated by the instructors as well as other learners. Offering online guidelines as well as specified requirements can be useful in establishing online safety that is free from individual attacks and adequate in significant and informative participations (Toprak, Ozkanal, Aydin, & Kaya, 2010). A safe online learning environment enhances learning and also the participants are obligated to develop a balance amid professional, social and learning responsibilities. The other consideration is that it is essential to create supportive surroundings for online learners. In that support comes from encouraging learner’s to propose their thoughts, queries and participate in helping each other by actively engaging in virtual discussions. When learner’s participation is beneath anticipations instructors should offer active support (Spain and Robles, 2011). Being supportive creates a huge distinction given that it creates clarity and learning commitment which ultimately leads to online learning success. Interactive is another aspect that is to be accounted.
Online learner’s, in general, lacks the opportunity to effectively communicator with professors and peers directly (Spain and Robles, 2011). However, in order to achieve learning efficiency, it is vital to ensure that E-learning is interactive and lively to ensure that the learner’s do not feel isolated. The possibilities of increasing online interactions are growing rather rapidly with the advancement of technology tools such as Synchronous. There are three distinct learning interactions that are crucial for online general learning which are learner’s interaction with content, learners with other learner’s and student-instructors interaction. Amongst the interactions, the most significant one is amid the instructor and learners in regard to changing learning perception and enhancing effectiveness (Spain and Robles, 2011). Offering spiritual and content support can be useful in helping learner’s to overcome challenges and maintain their online learning enrollments.
Flexibility and engagement are another consideration for both the institution's administrators and website developers. Online learning normally permits learner’s to study at any given period, any location and their given speed. This provides students with a general control sense over learning. In addition, it is vital to permit learner’s to pursue their subjects of interest or individualized projects to be expressive of their thoughts and arguments. This would ensure that learning becomes more relevant to learners on the basis of their professional and individual’s anticipations and experiences. This is a suitable way of instilling motivation given that permitting students to share their individualized thoughts with each other, exposes them to wider ranges of subjects which permit them to learn extensively (Toprak, Ozkanal, Aydin, & Kaya, 2010).
Conclusion
Online learning setting, content and the application of technology has transformed the manner in which teaching and learning are conducted today which has also created fresh issues in regard to legal and ethical accountability. The edge outcome of online has created both professionals and distractors. Based on most findings it is perceived that the success of online learning is mainly acquired with the presence of honesty and trust amid the targeted students. Despite the fact that integrity has risen to be among the major pressing issues, teaching mode, learning environment, control and evaluation strategies have grown to be major issues. Along with, focusing on modifying the online learning environment much attention should also be paid to things such as content superiority, design, provision practices and administration. This will seek to deal with issues such as privacy, data protection, copy right, license and infringement thus enhancing learning.
References
Akcapinar, G. (2015). How automated feedback through text mining changes plagiaristic behavior in online assignments. Computers & Education, 87 Pp. 123-130.
Bedford, D. Wayne, Gregg, Janie R., & Clinton, Suzanne M. (2011). Preventing online cheating with technology: A pilot study of remote proctor and an update of its use. Journal of Higher Education Theory and Practice 11(2), 41-58.
Judith W. Spain and Marcel M. Robles. (2011). Academic Integrity Policy: The Journey. Business Communication Quarterly, Volume 74, Number 2, June 2011 151-159 DOI: 10.1177/1080569911404407.
Liu, C.-C., Lin, C.-C., Chang, C.-Y., & Chao, P.-Y. (2014). Knowledge Sharing among University Students Facilitated with a Creative Commons Licensing Mechanism: A Case Study in a Programming Course. Educational Technology & Society, 17 (3), 154–167.
Mitchele T. Cole, Louis B. Swartz and Daniel J. Shelley. (2014). Student’s Use of Technology in Learning Course Material: Is It Cheating? International Journal of Information and Communication Technology Education. 10 (1), 35 -48.
Ostlund, S., Panchenko, A., and Engel, T. (2013). A study on ethical aspects and legal issues in e-learning. International Conference on e-Learning’15.
Toprak, E., Ozkanal, B, Aydin, S & Kaya, S. (2010). Ethics in E-Learning. The Turkish Online Journal of Educational Technology. (2), 1-9.
Annotated Bibliography
Akcapinar, G. (2015). How automated feedback through text mining changes plagiaristic behavior in online assignments. Computers & Education, 87 Pp. 123-130.
The article holds that despite technological advancement which has established rather simpler ways to cheat academically automation tool can be utilized in handling the tendency. Academic plagiarism is not acceptable given that it affects learning integrity thus acquiring automated responses can help in transforming the plagiaristic conduct in regard to online tasks.
Bedford, D. Wayne, Gregg, Janie R., & Clinton, Suzanne M. (2011). Preventing online cheating with technology: A pilot study of remote proctor and an update of its use. Journal of Higher Education Theory and Practice 11(2), 41-58.
The article discusses the major reasons as to why online learners cheat and several ways through which the academic dishonesty can be resolved. Based on technological advancement online learners in particular establish fresh and innovative cheating ways.
Judith W. Spain and Marcel M. Robles. (2011). Academic Integrity Policy: The Journey. Business Communication Quarterly, Volume 74, Number 2, June 2011 151-159 DOI: 10.1177/1080569911404407.
The article asserts that academic integrity is to be maintained at all times. This cannot however be made without modifying the online learning surrounding. In that the environment should be coordinated to ensure that online platforms are only utilized in gathering data and not cheating.
Liu, C.-C., Lin, C.-C., Chang, C.-Y., & Chao, P.-Y. (2014). Knowledge Sharing among University Students Facilitated with a Creative Commons Licensing Mechanism: A Case Study in a Programming Course. Educational Technology & Society, 17 (3), 154–167.
Knowledge sharing should be encouraged as a form of interaction. This tends to ensure that learning becomes lively at all times. This is easier to implement given that technology allows anonymous and direct interaction amid the participants.
Mitchele T. Cole, Louis B. Swartz and Daniel J. Shelley. (2014). Student’s Use of Technology in Learning Course Material: Is It Cheating? International Journal of Information and Communication Technology Education. 10 (1), 35 -48.
The article seeks to establish whether the use of technology to access learning materials is a form of cheating. It is apparent that online classes offer limited time for discussions and therefore, pressures individuals to acquire the content online.
Ostlund, S., Panchenko, A., and Engel, T. (2013). A study on ethical aspects and legal issues in e-learning. International Conference on e-Learning’15.
According to the article despite the many benefits associated with online learning such as convenience, cost efficiency and flexibility the setting raises several ethical and legal concerns. These issues might include privacy, infringement, licensing, and copyright and so on. These issues are to be addressed sooner in enhancing learning.
Toprak, E., Ozkanal, B, Aydin, S & Kaya, S. (2010). Ethics in E-Learning. The Turkish Online Journal of Educational Technology. (2), 1-9.
Ethics is a thing that applies in every sector according to the article and should not therefore, be ignored in the education field. Online learning raises several ethical concerns such as privacy and academic dishonesty something that is against the today’s ethical standards.
