IA Legal and Ethical Issues

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IA Legal and Ethical Issues
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2011-12-11 17:32:11
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IA Legal Ethical Issues
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IA Final
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  1. updated in 1998 as the Diginal Millennium Copyright Act (DMCA) and generally conforms with the World intellectual property organization treaty of 1996
    US Copyright law of 1978
  2. designed to protect the expression of ideas
    in creative work
    give author exculsive right for copies and selling copies
    does NOT apply to ideas
    must be tangible
    lasts for a definite period of time
    US copyright law of 1978
  3. US copyright law section 102, copyright can be registered for original works of authorship fixed in any tangible medium of expression...from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device
    intellectual property
  4. These works belong to everybody they are us government works, common or widely known
    Public Domain
  5. Author leaves some, but not all, of the right to the public domain - GNU General Public License, Anything derived from a work like this must also be
    copyleft
  6. can contain some public material but you must present it in an original way - dictionaries do not compyright words, but rather the unique presentation of those words and definition
    work must be original
  7. of a copyrighted product, including such use by reproduction in copies...for purposes such as criticism, comment, news reporting, teaching - can legally make a back up copy, ALL QUESTIONABLE
    Fair use
  8. the use of a copyrighted item
    piracy
  9. copyright concept that says after you buy an item, you can give away or resll the object (questionable)
    first sale
  10. are easily obtained and itentified with the mark (C)
    copyrights
  11. Copyrights last ___ years beyond the death of the last surviving author, or __ years after publication if a corporate owner (mickey mouse)
    70 and 95
  12. copyright infringement is handled in
    civil court
  13. can be copyrighted - reimplementation of an algorithm is ok, if source code is not distributed, owner cannot claim copyright infringement because it hasn't been published
    computer programs
  14. digital object can be copyrighted, crime to circumvent or disable antipiracy functionality, crime to manufacture, sell or distribute devices that disable antipiracy functionality or copy digital objects
    digital millennium copyright act
  15. acceptable to make a back up copy of a digital object as a protection against failure, or store copies in an archive, libraries can make up to three copies of a digital object for lending to other libraries
    Digital Millennium Copyright Act
  16. makes it a criminal offense to reproduce or distribute copyrighted works even without charge
    US No Electronic Theft Act of 1997
  17. protect inventions, tangible objects or ways to make them - intended to apply to results of science, technology, and engineering
    patents
  18. for works in art, literature and written scholarship
    copyrights
  19. partents exclude newly discovered ____ and ___ aka mice and genetics
    laws of nature and mental processes
  20. must be a novel idea, must be non obvious
    patents
  21. method and apparatus for transmitting power and data using the human body - picture of robot thing
    US Patent 6,754,472
  22. take time
    patents
  23. this is an example of prior art
    blackboard
  24. patent holder must opose all infringement
    patent infringement
  25. patent defenses: (4)
    • Invenstions are sufficiently dissimilar
    • patent is invalid
    • invention is not novel
    • infringer was first
  26. computer software was not open until
    two bad 1981 cases
  27. now cover algorithms, just like processes and formulas
    patents
  28. expensive and time-costly
    biased heavily toward huge software companies
    last 19 years
    partnes
  29. must always be kept secret, obtaining a trade secret illegally can result in civil court penalties, evaporates with independent discovery(reverse engineering) dificult to enforce
    trade secrets
  30. computer programs are susceptible to this being lost
    trade secret
  31. Protecting programs and Data Computer Objects - hardware
    patents
  32. Protecting programs and Data Computer Objects - patents and trade secrets, maybe copyrights for the software
    firmware(microcode)
  33. Protecting programs and Data Computer Objects - copyright
    object codes or programs
  34. Protecting programs and Data Computer Objects = maybe copyright
    source code and tradesecret
  35. must register the first 24 and last 25 pages
    copyright of source code or trade secret
  36. Protecting programs and Data Computer Objects - documentation
    copyright
  37. Protecting programs and Data Computer Objects - web content
    copyright
  38. Protecting programs and Data Computer Objects - domain names and URLS
    trademark
  39. a new good - not depletable or is wholly depletable - has minimal marginal cost - sometimes dependent - often transferred intangibly
    information
  40. EULAs
    contract law
  41. typically gets the patent resulting from employee's work
    employer
  42. work for hire: employer is the author
    employer was supervising
    employer can fire the employee
    employer arranged for the work to be done
    written contract defines the relationship
    copyrights
  43. programmer owns
    grants license for use to company
    licensed software
  44. company has rights - employee often signs a non-compete agreement
    trade secrets
  45. new laws because of IP - who wons virtual games... why is this important
    tax
  46. why finding computer crimes is difficult
    • difficult to use computer artifacts as evidence(log file changed)
    • what is the value of data
    • what is a crime
    • new laws b/c of IP
  47. lack of understanding, physical evidense, recognition of assets, political mpact, complexity of the case, age of defendant
    computer crime is hard to prosecute
  48. unauthorized access to a computer containing national defense or foreign relations data - unauthorized access to a computer containing certain banking or financial information - unauthorized access, use, modification, destruction or disclosure of a computeror infomation on a computer owned by the US government
    US computer Fraud and Abuse Act
  49. Access without permission a protected computer - computer fraud - transmitting code that damages a computer system or network - trafficking a computer passwords - 5-100k penalty or twice the value obtained by the offense and/or 1-20 years
    us computer fraud and abuse
  50. outlaws use of a computer for foreign esponage to benefit a foreign coutry or business or theft of trade secrets
    US Economic espoinage Act
  51. prohibits use, transport, sale, recept, or supply of counterfeit, stolen, altered, lost or fraudulently obtained debit intstruments in interstate or foreign commerce
    US Electronic Funds Transfer Act
  52. Public access to information collected by the executive brance
    US Freedom of Information Act
  53. Protects personal data collected by the government
    US Privacy Act
  54. Protects against electronic wiretapping - with court order, LE agencies can always get communication records, ISPs must have equipment that allows wiretaps, ISP can read all traffic
    US Electronic Communications Privacy Act
  55. CAN SPAM stands for
    Contorlling the Assault of Non-Solicited Pronography and MArketing
  56. bans false or misleading header information
    prohibits deceptive subject lines
    require an opt out method
    bans sale or transfer of opted out email addresses
    requires commercial mail to be identified as an ad
    CAN SPAM act
  57. summarized rights of individuals:
    Data should be collected lawfully and fairly
    data should be relevant to the collector's purpose, accurate, complete, up to date
    the purpose for which the data is collected should be identified, and the data destoyed when no longer needed
    The Ware Report 1973
  58. use of the data other than specified for consent require additional consent
    data must be safeguarded
    collection, storage and use or data should be publically accessible
    data subject can access and challenge the data
    someone should be in charge of making sure these rights are property supported
    The Ware Report 1973
  59. put ware's principles in force, but only for the US Government
    1974 Privacy Act
  60. sets the laws for consumer credit
    Fair Credit Reportin Act
  61. sets laws for healthcare data
    Health Insurance Portability Act HIPAA
  62. sets laws for financial service orgs
    Gramm-Leach-Bliley Act GLBA
  63. defines laws about Children's web access
    Children's Online Privacy Act COPPA
  64. specifies laws about student records
    Federal Educational Rights and Privacy Act
  65. controls Government Websites
    Federal Trade Commission
  66. Gov't web sites have to address five privacy factors
    • notice before collecting data
    • choice to opt out of data collection
    • consumer access to the data about yourself
    • data must be secured
    • penalties for non enforcement
  67. made the e-Government Act of 2002
    Congress
  68. must disclose information to be collected, why it is being collected, intended use of the data, with whom the data will be shared, notice or opportunities for consent, how the information will be secured, specific rights of individuals under other acts
    e-Government Act of 2002
  69. can fine for deceptive practices
    FTC
  70. data be processed fairly and lawfully, collected for very specific purposes, just enough for the purposes, accurate and kept up to date, data and personal identification are separated asap, special protection for sensitive data, no secret third party transfers of data, independent oversight
    European Privacy Directive 1995
  71. try to pass legislations that says company can appeal to DA office about copyrights - DA can take them off DNS and blacklist
    SOPA

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