Should You Break TOS Because Work Asks You?
An anonymous reader writes "My boss recently assigned me a project that was all his idea, with two basic flaws that would require me to break multiple web sites' Terms of Service (TOS). Part requires scraping most of the site, parsing the data and presenting it as our own without human intervention. While we're safe on copyright issues, clearly scraping like this is normally not allowed. At times it might also put a load on those sites. The other is, for lack of better words, a 'load balancing' part that requires using multiple free accounts instead of purchasing space and CPU time for less than $2,000 USD per month. The boss sees it as 'distributed' computing when in reality it's 'parasitic.'
My question is: am I wrong about the ethics? If I do need to walk, how best can I handle it without damaging my reputation and future employment opportunities?"
My question is am I wrong about the ethics?
You don't even have to ask that question, this isn't even one of those interesting cases or gray areas. What you're planning to do is wrong--even though you could probably escape any legal ramifications. It sounds pretty clear that this site creates profit from these overly priced accounts for information that you obviously value at some amount. Getting it for free (regardless of the TOS) could put you at some risk for litigation. Using the term "load balancing" or even "distributed computing" is hilariously misplaced here.
If I do need to walk how best can I handle it without damaging my reputation and future employment opportunities?
Look, I understand what's it like to be looking for a job when the economy is bad. If there are forces keeping you pinned to this employer, I don't know of them. What I would retort with is "How can you keep working this job without damaging your reputation and future employment?" I mean are you going to put in your resume that you coded a technically innovative but bandwidth stealing parasitic botnet to duplicate content from a website that asks for a monthly payment to normally access it at that volume?
I would suggest you propose the $2k/month route and if your boss balks at it, start interviewing with other companies. If you have to leave and you're worried about being blacklisted as a 'whistleblower' (and your boss just might be that kind of guy) then tell him it's for monetary reasons that you're leaving and wish him the best of luck in his future scams.
My work here is dung.
...ask a lawyer.
Did the contractors on the Death Star deserve to die?
...you build a system that closely relies on this nonstandard (and unsupported) method of getting information, they change it and it breaks.
Either by accident, or because they spot a load of particular access patterns from your address, figure out what's going on and intentionally break it.
If your boss asks you to do something illegal, don't. If he doesn't agree, you should probably be looking for a new job, already. If he's willing to play these kinds of games with another company, what makes you think he won't do the same to you?
No. By your own admission you think its wrong. Next?
Okay, this one is simple. You know what is right and what is wrong. The reality is that 99% of the folks will do what the boss asks without even raising a fuss. The reality is that you will be damaging your career if you don't go ahead.
Now, the other reality is that shit flows downhill. That is, if this project gets questioned, the boss will claim ignorance, and put the blame on you. Your job is to cover your ass.
Email is a good documentation tool. "Clarify" the request, asking if this is what he intends for you to do. Remove the emotion. Put in only facts. Put in a piece about your not being sure, but this may be a violation of terms of service. Ask if he wants you to proceed. Forward your sent email to a personal account.
By the book. This one is so simple that it should be in the FAQ.
See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
If you can access it, it was designed to be accessed.
So you're totally behind email spam, you don't think spam should be considered unethical, let alone made illegal?
I work in health care, so maybe it's different in your industry, but every hospital I've worked for has had a compliance officer with an anonymous 800-number for compliance questions. This is DEFINITELY the kind of stuff they want to know about.
Fix it. He wants to do something on the cheap and look good. But the way he wants to do it is going to fail spectacularly. And when it fails, so will you. If this puts any amount of load on the services it is using, it will get picked up by the service provider. Maybe not today, but it will. And then the accounts will get turned off and possibly your IP addresses blacklisted, and then it all goes away. So give him a better solution. If he is balking at the $2k/month find a cheaper service. There is almost always one. Compare the cheaper solution to the time spent fixing it when the free service cuts you off. Provide examples of free service cutting people off.
And unless you are looking for some very specific information, I would expect someone to provide an RSS feed with something similar that is supposed to be used for this sort of thing.
Only YOU can decide how far you're willing to go for your job. You're essentially asking us what your own ethical limits are.
SJW: Someone who has run out of real oppression, and has to fake it.
Even if your boss doesn't care about the ethics of this scheme, he probably does care about ramifications to the business. What happens when you get caught? All your development work will have been wasted because they'll shut you down at the very least. There's potential for a lawsuit, which is an expensive proposition even if you win. Damage to your company's reputation may make it harder to do business. And as another poster already mentioned, this isn't exactly a gem of a project to put on your resume.
Babies really shouldn't be given candy in the first place.
Having been put in a position once before that an employer asked me to do something I found to be frankly quite lacking in a moral nature here's what I ultimately decided to do.
After considering the work for a while, both why I didn't feel like performing the work personally and why the company desired this functionality I finally decided to do the work, but inform my boss and his boss that I was uncomfortable creating this before hand and giving them clear notice of the whys.
Firstly I did the work because it was simply my job and I had signed onto the job. It's something a *lot* of people might not have given a second thought to creating, obviously as they both had no problems with the work since they asked me to continue even after raising my concerns. Secondly because it wasn't really "that bad" and having steady income of cash dolladolla bills allows me to have nice things like somewhere to live and food I wanted to see if it was something I was over-reacting to.
After completion? Yep, I still felt like shit. So I gave them my notice and told them in the my resignation letter why I was leaving and referred them to the early notification of my objections. So, for me, it was a good learning experience about myself and having done it in this manner I have no problem explaining it to future employers as my reason for leaving this particular job.
--- I do not moderate.
A website's "terms of service" are not the Ten Commandments. They're not laws, or even moral rules. They're just what one company wants you to do. You don't work for them, why do you care? If they notice and complain, it's your boss's problem, legally; and morally, I wouldn't lose any sleep.
Only thing to do is cover your ass and get your boss to put his instructions in a memo so he can't blame you should problems arise.
Really "scraping a website" is not a moral question on the scale of collaborating with Nazis. It's a business. Other businesses are your rivals, not your friends. They'd fuck you over in a minute.
I told you to scrape Slashdot, not read it. Now get back to work!
Kwisatz Haderach
Sell the spice to CHOAM
This Mahdi took Shaddam's Throne
If you even need to ask, you've already demonstrated a trace of ethics.
Now, sometimes having such ethics will mean you have to make difficult choices. And nobody else can make those choices for you.
While ethics won't pay the mortgage, "Reason for leaving the previous job: I was asked to do something illegal and, when I queried this, was given the ultimatum to do it or get out. I got out." is probably a heck of a lot better than "The company had to sack me after it transpired I'd done something illegal" (emails to CYA notwithstanding).
Because, make no mistake, the fact that your company has done this will get out.
"Compliance officer" in an IT business... you crack me up. You should take your show on the road.
Hospitals have compliance officers because a) they're regulated, inspected, etc. and b) people can die and they can be sued to Kingdom Come.
The IT business is about as regulated as Somalia.
I piss off bigots.
This is a shortsighted view of the problem here.
"You're getting paid to do a job, and you're not going to be personally liable should anything go wrong anyway."
Incorrect. His boss isn't breaking the Terms of Service, he is. When the website in question terminates their access, guess who's gonna get the flak? The person who *implemented* the system, not the one who designed/thought of it, especially if they are non-technical and rely on lower-order technical beings to do things for them.
Take, for example, a situation that I regularly come across:
Boss: "It's okay, we'll just copy all these Microsoft CD's and save a fortune on licensing."
Boss's Boss: "Okay. You know best."
Boss (to underling): "Copy these CD's"
Underling in theory: "Okay". Underling in practice: "We *can't* do that."
When things go wrong, the underling in theory is going to get the blame here, because it's his area of expertise and he *wrote* the system that does it. I get people suggest to me all the time that we could just install another license of Office that we don't own, or we can just copy CD's that have blatant copyright notices on them, or breach a Data Protection Act directive by doing X, or a million and one other things that I *know* we can't do. The people in charge of me barely understand the terms, let alone whether what they are doing is illegal. I have to sit and explain to my boss and my boss's boss why we can't do them. Trust me, if something got noticed, Underling in Theory would get sacked/sued every time.
"Are you really going to walk out of your job over violating the terms of service of a few web sites?"
Why not? I get asked to do all sorts of crap and I point it out and say no. If I *chose* to do it instead, then it's a different matter. But when I *refuse* to do something on legal or ethical grounds (we're not just talking ethics here - it also sounds like they have a "subscription" of some kind to the data that they are scraping, or that it's a competitors website) then if you *make* me, I will walk (been there, done that - I've turned down a good career move and more money in order to sleep at night - not that I was being asked to break the law, not that I was being asked to sell my children, but that I was being asked to do things that I didn't agree with [wasting money within a school on useless IT cruft and consultants while the kids didn't have books or paper]). I'll also report you to the BSA or whatever organisation I need to if you really press me, or the local press like I did in the above case (they didn't do anything with it, but I breathed a sigh of relief once I'd sent off the information to them - my part was done and I'd done good by myself - if the press decide to sit on something, that's on *their* conscience, not mine). You don't do illegal stuff if you're honest and your mortgage depends on a wage.
"It's not your job to worry about the ethics of the situation, that's probably not even your boss's job -- it's somewhere in your corporate legal department, the Board, or an Ethics or HR department perhaps."
Wrong. Because they won't even *know* what the problem is until it comes up in court and they have it explained to them in excruciating detail. However, someone who decides to do something that's part of their job, within their area of expertise and breaks a law (or even does something a bit stupid) that *they* should know about will get fired/sued by their own company once the shit hits the fan. So your boss *and* you might get sacked - you're still no better off and your employment reference is now a million times worse.
"just do what you're being paid to do and ask fewer questions."
It's sad that people think this is a good way to live. He's *being paid* to do his job. Which does not entail questioning his ethics or breaking Terms of Service (even if legally unenforceable) or anything else. His *job* is to stand up and say "Whoa, hold on, we can't do that". If he doesn't do that, he's not doing his job an
Reminds me of a time when an Ebay'er was pointing to images on my website for an automotive auction. Didn't ask us or give us credit for the images. So, his example of "recently restored examples" became a photo of a '63 Imperial being loaded into a crusher.
How's that for Crushing the Competition?!
To Copy from One is Plagiarism; To Copy from Many is Research.
Somebody once pointed at a picture of a frosted birthday cake on my web site from a forum. So I grabbed my image editor and built a special edition of the cake just for him, where the frosting read "Don't link to my images!"
I also have a specially crafted JPEG which is under 1000 bytes but which produces a 20,000x20,000 pixel image filled with black. It will totally screw up the layout of any page linking to it if they haven't entered an explicit size for the tag.
If you mod me Overrated, you are admitting that you have no penis.