Computer Law University of Palestine University of Palestine Eng. Wisam Zaqoot Eng. Wisam Zaqoot Feb 2010 Feb 2010 ITSS 4201 Internet Insurance and Information.

Computer LawComputer Law

• University of PalestineUniversity of Palestine

• Eng. Wisam ZaqootEng. Wisam Zaqoot

• Feb 2010Feb 2010

ITSS 4201 Internet Insurance and ITSS 4201 Internet Insurance and Information HidingInformation Hiding

The Information AgeThe Information Age

We are living in We are living in The Information AgeThe Information Age Unprecedented opportunities for people to Unprecedented opportunities for people to

access informationaccess information Access to knowledge, information and Access to knowledge, information and

servicesservices IT involves in social, cultural, business and IT involves in social, cultural, business and

administrative processesadministrative processes* New Technology: new risks and new * New Technology: new risks and new

challenges: We need lawschallenges: We need laws

Several terms appearedSeveral terms appeared::

Computer lawComputer law Internet law, cyberlawInternet law, cyberlaw Computer and Internet PoliciesComputer and Internet Policies CybercrimeCybercrime

What is computer Law?What is computer Law?

What is the scope of computing law?What is the scope of computing law?

Geographical perspectives on computing lawGeographical perspectives on computing law

What is computer lawWhat is computer law ? ?

““Effective and responsible use of Effective and responsible use of computing technology can only come computing technology can only come through an understanding of the legal through an understanding of the legal setting in which it takes place”setting in which it takes place”

Bainbridge (2004: 5)Bainbridge (2004: 5)

What is computer lawWhat is computer law ??

Computer law is that branch of law which Computer law is that branch of law which regulates the regulates the technologicaltechnological aspects of aspects of informationinformation

The law which governs information The law which governs information processingprocessing

What is the scope of What is the scope of computer law ?computer law ?

What is the scope of computer What is the scope of computer lawlaw? ?

Computer laws covers different topics in Computer laws covers different topics in law like:law like:

intellectual propertyintellectual property privacyprivacy freedom of expressionfreedom of expression jurisdiction jurisdiction

What is the scope of computer What is the scope of computer lawlaw? ?

* Protecting individuals and liberty:* Protecting individuals and liberty:

- Human rights- Human rights

- Freedom of Infromation- Freedom of Infromation

- Data Protection - Data Protection

- Health and safety- Health and safety (e.g. prevent (e.g. prevent blackmailing, harassment and blackmailing, harassment and

threatening)threatening)

- Rights of disabled people- Rights of disabled people (e.g. (e.g. Accessibility policies) Accessibility policies)

What is the scope of computer What is the scope of computer lawlaw??

* Protecting property and ownership* Protecting property and ownership::

- - Copyright, Designs Rights, Trade Copyright, Designs Rights, Trade Marks and Patents Marks and Patents

- - Electronic commerce and contractingElectronic commerce and contracting ( E-Bay disputes as an example)( E-Bay disputes as an example)

- - Consumer protection Consumer protection and torts (e.g. and torts (e.g. what what if your card details are stolen)if your card details are stolen)

What is the scope of computer What is the scope of computer lawlaw? ?

* Outlawing criminal behaviour and computer * Outlawing criminal behaviour and computer misuse:misuse:

- Unlawful access to data and systems - Unlawful access to data and systems

e.g. Hacking, virusese.g. Hacking, viruses

- - Unlawful data use and data Unlawful data use and data publication publication

e.g. Obscenity and pornographye.g. Obscenity and pornography Spamming Spamming

Identity theftIdentity theft

HackingHacking Hackers are individuals who attempt to gain Hackers are individuals who attempt to gain

access to computer systems illegallyaccess to computer systems illegally

Why hack?Why hack? HarassHarass Show-offShow-off Gain access to computer services without Gain access to computer services without

payingpaying Obtain information to sellObtain information to sell

MalwaresMalwares Viruses represent an example of unlawful Viruses represent an example of unlawful

access to data and systems.access to data and systems. Viruses and spyware are examples of Viruses and spyware are examples of

malicious software, or “malware,” that can malicious software, or “malware,” that can take over your computer and even steal take over your computer and even steal your personal information. Malware is your personal information. Malware is multiplying on the Internet.multiplying on the Internet.

1988: 1,7381988: 1,738

1998: 177,6151998: 177,615

2008: 1.1 MM+2008: 1.1 MM+

Malware is profit-driven:Malware is profit-driven:

Malware is used by organized Malware is used by organized criminal criminal enterprises to make money. enterprises to make money. They steal They steal personal information to sell personal information to sell and use. and use. Including targeted attacks on Including targeted attacks on privileged privileged individuals – to get their individuals – to get their passwords and passwords and access rights.access rights.

BotnetsBotnets

Botnets represent another unlawful Botnets represent another unlawful access access to data and systems to data and systems

A Botnet is A Botnet is a network of computers that is a network of computers that is sending spam or malware on behalf of sending spam or malware on behalf of someone controlling the network remotely, someone controlling the network remotely, often a criminal enterprise.often a criminal enterprise.

It is estimated that Botnets are responsible It is estimated that Botnets are responsible for 80% of world’s. for 80% of world’s.

Geographical perspectives on Geographical perspectives on computing lawcomputing law::

Laws differs significantly from Laws differs significantly from one one country to another.country to another.

A lot of countries hardly have any A lot of countries hardly have any computer laws.computer laws.

EU is one of the most developed areas in EU is one of the most developed areas in the world in computer laws but ….the world in computer laws but ….

What about Palestine ??What about Palestine ??

Geographical perspectives on Geographical perspectives on computing lawcomputing law::

* Gathering and storing sensitive data:* Gathering and storing sensitive data: Some countries have very strict Some countries have very strict

provision, while others don't (e.g. Germany)provision, while others don't (e.g. Germany)

* Subject rights* Subject rights:: many countries require subjects to be many countries require subjects to be

informed that data is held about theminformed that data is held about them. . Some countries don'tSome countries don't

The individual responsibilityThe individual responsibility::

* People are rarely aware when * People are rarely aware when companies/governments are collecting companies/governments are collecting their personal information and are their personal information and are unaware of what the information will be unaware of what the information will be used for used for..

* A lot of people fail to use strong * A lot of people fail to use strong passwords. (what is a strong password?)passwords. (what is a strong password?)

What do you think?What do you think?

Considerations for a Good Considerations for a Good computer lawcomputer law

FuturisticFuturistic Interoperable with other policiesInteroperable with other policies Leave room for modificationLeave room for modification Unambiguous and clear in its mandateUnambiguous and clear in its mandate Determine accountability Determine accountability Ensure a smooth and effective mechanism for Ensure a smooth and effective mechanism for

implementation and evaluationimplementation and evaluation Involve both the public and private sectorInvolve both the public and private sector Have a definite time frame for implementation Have a definite time frame for implementation

The following topicsThe following topics : :

* Internet laws* Internet laws

* Computer and Internet Policies* Computer and Internet Policies

* Computer and Internet privacy* Computer and Internet privacy

* Case study: * Case study: Data Protection Act 1998 (UK)Data Protection Act 1998 (UK)

* Computer Crimes * Computer Crimes

* Software licensing* Software licensing