Computer Law And Ethics

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ACPA

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anti-cybersquatting consumer protection act

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ACM

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Association for computing machinery
-professional organizations
-has code of ethics and professional conduct

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Anonymous remailer

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an internet service that allows an email sender to remain anonymous by stripping the originating address from an email message and then forwarding it to its intended receipt

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black box testing

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unit testing of software that has expected input and output behaviors, with the inner workings unknown

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white box testing

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unit testing of software that has expected input and output behaviors and whose internal workings are known. It involves the testing of all possible logica paths through the software unit and is done with thorough knowledge of the software's logic

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burden of proof

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the requirement that the plaintiff (the party bringing a civil lawsuit) show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win a judgment are presented and are probably true

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contingent workforce

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independent contractors, employees brought in through employment agencies, on call or day laborers, and on site workers whose services are provided by contract firms

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contributory negligence

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a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident. Under this rule, a badly injured person who was only slightly negligent could not win in court against a very negligent defendant.

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CPO

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chief privacy officer

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chief privacy officer

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a senior manager responsible for training employees about privacy, checking the company's privacy policies for potential risks and then figuring out how ot fill gaps, and managing customer privacy disputes

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cracker

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a hacker who performs illegal acts such as breaking into other people's networks and systems, defacing Web pages, crashing computers, spreading harmful programs or hateful messages, or writing scripts and automatic programs that let other people do the same things

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cybersquatter

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someone who registers a web site domain that contains a famous trademark or company name to which the person has no connection, with the hope that the trademark's legitimate owners will pay to gain ownership of the domain

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defamation

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the publication of a statement of alleged fact that is false and that harms another person

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denial of service attack

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an attack in which a malicious hacker takes over computers on the internet and causes them to flood a target site with demands for data and other small tasks

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digital divide

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a term used to describe the gulf between people who do and don't have access to modern information and communications technology

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Electronic Communications Privacy Act of 1986 shorthand

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ECPA

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Electronic Communications Privacy Act of 1986 is

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a law that set standards for access to stored e-mail and other electronic communications and records

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fair use doctrine

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a set of criteria that courts employ to determine the fair use of copyrighted property and whether it can be allowed without penalty

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felony

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1) a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine. 2) a crime carrying a minimum term of one year or more in state prison, since a year or less can be served in county jail. However, a sentence upon conviction for a felony may sometimes be less than one year at the discretion of the judge and within limits set by statute. Felonies are sometimes referred to as "high crimes" as described in the U.S. Constitution.

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honeypot

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a decoy computer server that gives hackers fake information about a network in order to confuse them and log their activities

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injunctive relief

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a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money. Whether the relief will be granted is usually argued by both sides in a hearing rather than in a full-scale trial, although sometimes it is part of a lawsuit for damages and/or contract performance. Historically, the power to grant injunctive relief stems from English equity courts rather than damages from law courts.

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intellectual property

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distinct works such as art, books, films, formulae, inventions, music, and processes that are "owned" or created by a single entity

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ISO 9000

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a series of standard that require organizations to develop formal quality management systems that focus on identifying and meeting customer needs and expectations

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John Doe lawsuit

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a lawsuit in which the true identity of the defendant is temporarily unknown

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libel

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a written statement of alleged fact that is false and that harms another person

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logic bomb

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a type of trojan horse that executes under specific conditions

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malpractice

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An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Such an error or omission may be through negligence, ignorance (when the professional should have known), or intentional wrongdoing. However, malpractice does not include the exercise of professional judgment even when the results are detrimental to the client or patient. Except in cases of extremely obvious or intentional wrongs, in order to prove malpractice there must be testimony of an expert as to the acceptable standard of care applied to the specific act or conduct which is claimed to be malpractice and testimony of the expert that the professional did not meet that standard. The defendant then can produce his/her own expert to counter that testimony. Professions which are subject to lawsuits based on claims of malpractice include lawyers, physicians, dentists, hospitals, accountants, architects, engineers and real estate brokers. In some states in order to file an action for malpractice against a medical caregiver, there must be a written demand or notice which gives the physician or hospital a chance to settle the matter before a suit is filed. In actions against attorneys it is mandatory that the plaintiff prove that the error, if any, caused damages. This means that a lawsuit, claim or negotiation the attorney was handling would have resulted in a win or better recovery except for the malpractice.

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misdemeanor

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a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. "High crimes and misdemeanors" referred to in the U.S. Constitution are felonies.

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national security letter

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a government notification that requires financial institutions to turn over electronic records about the finances, telephone calls, e-mail, and other personal information of suspected terrorists or spies

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negligence

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failure to do what a reasonable person would do, or doing something that a reasonable person would not

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nondisclosure clause

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a clause in an employment contract that prohibits employees from revealing company trade secrets

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noncompete agreement

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an agreement that requires employees not to work for a competitor for a period of time after leaving an employer

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open source code

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a program whose source code is available for use or modification by other developers

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opt in

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an approach to data collection that requires permission from consumers before their data is collected

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opt out

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an information gathering method requires consumers to inform companies not to collect data about them; otherwise, companies assume they can collect the consumers personal information

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patent farming

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an unethical strategy of influencing a standards organization to make use of a patented item without revealing the existence of the patent; later, the patent holder might demand royalties from all implementers of the standard

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phishing

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an attempt to steal private data by tricking users into entering the information on a counterfeit web site

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prior art

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the body of knowledge available to a person of ordinary skill in an art. A patent cannot be issued for an invention whose professed improvements already exist in the prior art

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public key encryption

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a system that uses a public key to encode messages and a private key to decode messages

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private key encryption

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a system that uses only one key to both encode and decode messages

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quid pro quo

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Latin for "something for something," to identify what each party to an agreement expects from the other, sometimes called mutual consideration. Example of its use: "What is the quid pro quo for my entering into this deal?"

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recklessness

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In the criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting mens rea (the Latin for "guilty mind"). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both a mens rea and an actus reus, i.e., a person cannot be guilty for thoughts alone. There must also be an appropriate intention, knowledge, recklessness, or criminal negligence at the relevant time (see concurrence). Recklessness may constitute an offense against property or involve significant danger to another person.

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respondeat superior

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Latin for "let the master answer," a key doctrine in the law of agency, which provides that a principal (employer) is responsible for the actions of his/her/its agent (employee) in the "course of employment." Thus, an agent who signs an agreement to purchase goods for his employer in the name of the employer can create a binding contract between the seller and the employer. Another example: if a delivery truck driver negligently hits a child in the street, the company for which the driver works will be liable for the injuries.

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reverse engineering

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the process of analyzing finished software to create a new representation of it in a different form or at a higher level of abstraction

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safety critical system

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a system whose failure may cause injury or death to human beings

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sarbanes oxley act section 404

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legislation that requires corporate annual reports to contain signed assurances by CEOs and CFOs that the information in an SEC filing is accurate. Section 404 also requires companies to submit to an audit to prove that it has controls in place to ensure accurate information

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slander

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an oral statement of alleged fact that is false and that harms another person

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strict liability

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a version of product liability in which a defendant is held responsible for injuring another person, regardless of negligence or intent

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trade secret

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information that a company tries to keep confidential, that represents something of economic value, that required effort or cost to develop, and that has some degree of uniqueness or novelty

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trademark

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a logo, package design, phrase, sound, or word that helps a consumer distinguish one company's products from another's

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trojan horse

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a secretly installed computer program that plants a harmful payload and allows a hacker to steal passwords or spy on users by recording keystrokes and transmitting them to a third party

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USA patriot act of 2001

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a law passed after the terrorist attacks of Sept 11th that gave sweeping new surveillance powers to domestic law enforcement and international intelligence agencies

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whistle blowing

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an effort by an employee to attract attention to a negligent, illegal, unethical, abusive, or dangerous act by a company that threatens the public interest

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worms

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harmful computer programs that differ from viruses because they can self-propagate without human intervention

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zombies

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computers that are taken over by a hacker during a denial-of-service attack and directed to send repeated requests for access to a single target site

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TF If you are injured by a product due to the manufacturer's negligence, you can sue the store where you bought the product, even decades after the accident

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False

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TF Project deliverables may include flowcharts, documentation, and software

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True

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TF Computer matching of fingerprints is one example of virtually foolproof system

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False

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TF To be strictly liable means to be responsible for an injury cause by a product, even though the product was manufactured carefully

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True

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TF Under the theory of negligence, a software supplier is responsible for every product defect, regardless of how careful the supplier was

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False

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TF Nationwide licensing of computer programmers is imminent, according to the text

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False

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TF In white box system testing, the tester understands how the system works and puts in test values based on the tester's knowledge of the system

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True

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TF A safety critical system is one whose malfunction may cause injury or death to human beings

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True

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TF Fines for criminal violations can be lowered by up to 80 percent if an organization has implemented an ethics management program

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True

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TF A poor human system interface can greatly increase the risk of a safety critical system causing injury or death

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True

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TF The sarbanes oxley act does not require that annual reports contain a signed statement by the CFO attesting the accuracy of financial information

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False

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TF SOX has had little or no effect oupon company costs

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False

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TF a whistle blower reveals wrong-doing by a company to outsiders

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True

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An independent contractor, hired by a company to work only on a specific project, would be considered a contingent worker

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True

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about 10% of the employees in the US are currently working under H1-B visas

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False

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The first class action for sexual harassment was brought in the 1980s against eveleth mines

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true

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under traditional state common law, in the absence of an employment contract, an employee can be terminated for any reason or no reason

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True

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Overall, technological advances have not made people happier

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True

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Even if contractors sign an agreement saying they are contingent workers and not employees, this agreement will not be the deciding factor in determining their status

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False

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Software programmers from India, employed by US companies, are generally paid the same amount as the company's regular employees

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False

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Vizcaino v. Microsoft illustrated the cost of misclassifying employees

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True

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the majority of IT jobs in the US have been moved offshore

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False

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There are more than enough properly trained IT workers in the US to fill the positions available

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False

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Health care and teaching are the next areas targeted for outsourcing

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False

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Timothy McVeigh was discharged under the policy colloquially known as

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don't ask, don't tell, don't pursue

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harvard university's divinity school fired its dean for viewing pornography on a computer belonging to the university

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false

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employees are almost never fired or disciplined for viewing online pornography at work

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false

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ramapo college routinely monitors employee mail

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false

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the percentage of commercial websites which collect no information from users is about 25%

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False

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most people think ti is acceptable to use their employer's computer system to send personal email

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True

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There is currently no federal legislation which protects an individuals electronic health information

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False

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most european countries have taken greater steps to protect privacy than the US government

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true

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the right to privacy is guaranteed by the bill of rights

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false

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almost no steps can be taken to control cookies

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false

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a local NJ hospital injects patients with a computer chip containing the patient's health information

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true

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fear of new technology is a relatively new phenomenon

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false

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the government is authorizing fewer wiretaps today than it did in previous years

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false

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telecommunications companies must build phones so that the government can eavesdrop on conversations

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true

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the ECPA criminalizes intercepting someone else's email

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true

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US companies increasingly rely on commercial software with known vulnerabilities to hackers

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True

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on may 1 2004 CCIS discovers that all emails has been deleted from its email server. A message appears "Happy May Day, Suckers!" The type of program which deleted the email would be best described as

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logic bomb

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using a false return address for information sent over the internet is known as

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spoofing

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breaking into a system just to look around but not cause damage would probably be legal

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false

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identity fraud is the fastest growing form of fraud in the US

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True

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most network intruders who break into computer systems are outsiders

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false

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it is a federal crime to use a trade secret belonging to someone else for your own benefit

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true

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the concept of reasonable assurance recognizes that managers must use their judgment to ensure that the cost of controlling computer crime does not exceed the benefit to be obtained

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true

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a server set up with meaningless data but designed to lure a hacker is known as a

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honey pot

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the worldwide cost impact of computer crime has been about 50 million dollars

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false

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a denial of service attack involves a break in at a target computer

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false

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computer criminals have very different motives from other types of criminals

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false

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Anti-cybersquatting consumer protection act

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allows trademark owners to challenge foreign cybersquatters who might otherwise be beyond the jurisdiction of US courts

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CERT/CC stands for

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Computer Emergency Response Team Coordination Center

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CERT/CC does:

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R&D at carnegie mellon university in pittsburg- help during computer security emergencies and help prevent future incidents - study internet security vulnerabilities, publish security alerts, public awareness campaign

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CIPA stands for

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Childrens Internet Protection Act

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CIPA does

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protect children from accessing pornography and other explicit materials online - federally financed schools and libraries use filters to block computer access to obscene materials, if failed to comply than no federal funding given

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COPPA stands for

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childrens online privacy protection act

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COPPA means:

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19980 anyone who knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the world wide web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minor shall be fined not more than 50,000, imprisoned not more than 6 months or both - determine unconstitutional in 2004

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check clearing for the 21st century

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requires that banks accept paper documents with check images and data related to transactions in lieu of original paper checks - this eliminates cost of physical transport as well as speeding the clearing of checks- customers can view and print checks online

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communications decency act

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CDA, protect children from online porn 1996 - language was too broad , ruled unconstitutional in 1997after Reno v. ACLU

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diamond v. diehr

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diehr denied patent for his process control computer and senors to monitor the temperature inside a rubber mold, he was denied because a software patent has all of it's invention on a computer, this case changed the scope of protection for software related inventions

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digital millennium copyright act

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1998- in compliance with global copyright acts made it an offense to:
-circumvent technical protection
-develop and provide tools to allow other to access a technologically protected work
-manufacture, import, provide, or traffic in tools that enable others to circumvent protection and copy a protected work

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economic espionage act

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protects trade secrets- makes it a federal crime for people to use a trade secret for their own benefit or another's benefit
-usually stolen by insiders, employees

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EFF stands for

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electronic frontier foundation

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EFF does

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educate press, policy makers, and general public about civil liberties- has a lot of information on issues
-represented two john does identities were subpoenaed from what they wrote on a message board

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first amendment

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congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

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FOIA stands for

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freedom of information act

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FOIA does what

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passed in 1966 and amended in 1974- public with means to gain access to certain government records- find out spending patterns of agency, missions and goals etc

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Fair credit reporting act

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regulates the operations of credit-reporting bureaus, including how they collect, store, and use credit information.

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foreign corrupt practices act

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allows the US department of justice and the SEC to prosecute businesses and company personnel who bribe governments, politicians, or political parties abroad.

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fraud

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crime of obtaining goods, services, or property through deception or trickery, fraudulent misrepresentations- when a person consciously decides to induce another person to rely and act on the misrepresentation

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fourth amendment

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protects citizens from unreasonable government searches and is often invoked to protect the privacy of government employees

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H1-B visa

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a visa temporarily granted by the US citizenship and immigration services for people who work in specialty occupations- maximum of 6 continuous years, must be paid same wage as US workers

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IEEE stands for

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Institute of electrical and electronics engineers

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IEEE does:

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covers fields of electrical, electronic, and information technologies and sciences- IEEE-CS, one of oldest and largest IT professional organizations, exchange of information and ideas

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Identity theft and assumption deterrence act of 1998

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congress passed to help fight identity fraud, making it a federal felony punishable by a prison sentence of 3 -25 years

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lotus v. borland

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lotus developed lotus 1-2-3 for accounting functions, borland tried to develop a program superior to lotus and lotus sued borland for copying the look and feel of the interface- borland not charged because court found the copied item, a method of operation, was not covered in copyright protection

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miller v. california

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miller- conducted a mass mailing campaign advertising adult material and was convicted of violating a California statute prohibiting the distribution of obscene material- determined what speech can be considered obscene

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what 3 ways to determine speech is obscene

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1- would average person find that the work as a whole appeals to the nonwholesome interest
2- does the work describe/depict in an offensive way, sexual conduct defined by applicable state law
3- does the work as a whole lack literary, artistic, political ,or scientific value

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reno v. aclu

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criminalizing of indecency on the internet- CDA act, the law was unconstitutional because it violated free speech

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privacy act of 197

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declares that no agency of the US government can conceal the existence of any personal data record-keeping system, and that any agency that maintains such a system must publicly describe both the kinds of info in it and the manner in which the info will be used

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RIAA stands for

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Recording industry association of america

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RIAA does:

Back 138

tracks down companies whose employees illegally create digital jukeboxes by downloading tunes onto company file servers and sharing them with coworkers

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RSA

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public key encryption algorithm available since 1978, basis for security that protects web consumers and merchants

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PGP

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software that uses 128 bit encryption, standard for email

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TrustE

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independent, nonprofit initiatives that favor and industry regulated approach to data privacy- feel strict government regulations could have a negative impact on the Internets use and growth and the regulation will be costly to implement and hard to change

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uniform trade secrets act

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bring uniformity to US states in the area of trade secret law-

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trade secret defined in full

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something defined as business info that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public and is kept confidential

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USPTO

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US patent and trademark office

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what does USPTO do

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issues patents to to inventors