LAW,INVESTIGATION,ETHICS_3

LAW,INVESTIGATION,ETHICS_3

1. Legal Systems

   • Civil/Code LAW - rely on study and theory of law(jurisprudence)
     • Europe, South America
     • rule-based law not precedence based.
     • focused on codified law—or written laws.
     • Judges play active role for facts of case,directs the actual investigations
   • Customary LAW
     • Based on traditions and customs of the region.
     • Mainly used in regions of the world that have mixed legal systems (for example, China and India).
     • Emerged when cooperation of individuals became necessary as communities merged
       • Punishment: Fine ,Service
   • Religious LAW
     • Based on religious beliefs of the region
     • Jurists and clerics have a high degree of authority
     • Rather than create laws, lawmakers and scholars attempt to discover the truth of law.
     • Cover all aspects of human life
     • Hindu law, Sharia (Islamic law), Halakha (Jewish law),
   • Common LAW - rely on legislative statutes & regulations
     • USA, UK, Australia, Canada
     • Criminal law
       • deals with conducts that is harmful to public/society
         • Punishment : imprisonment,fine
     • Tort law
       • deals with wrongs against individual/business entity
         • Punishment can include financial penalties
           • Statutory damages --> prescribed by law --> even if victim incurred no actual loss or injury
           • Compensatory damages provide the victim with a financial award
           • Punitive damages punish an individual or organization. Discourage for malpractice
     • Administrative/Regulatory law
       • confine govt. power to its proper scope
       • curbing potential power abuse
       • ensure proper procedures are followed in exercise of power
       • E.g: - FCC , HIPAA, FDA, FAA
         • Punishment: Fine, inabilitiy to practice a profession
       • Innocent until proven guilty
     • Today, the common law system uses judges and juries of peers. If the jury trial is waived, the judge decides the facts.
     • lower court follow decision of higher courts
   • Mixed LAW
     • Two or more legal systems are used together and apply cumulatively or interactively
     • Civil law may apply to certain types of crimes, while religious law may apply to other types within the same region.
     • Holland, Canada, and South Africa.

2. Privacy

   • (1) 1949 Council of Europe (CoE) Convention on Cybercrime - 1)First Intl' treaty for cybercrime
   • (3) 1980 Organisation for Economic Co-operation and Development (OECD)
     • recommends the unfettered flow of information, albeit with notable legitimate exceptions to the free information flow.
       • collection limitation
       • data quality
       • purpose specification
       • use limitation
       • security safeguards
       • accountabiltiy
       • individual participation
       • openess
   • (4) EU - Priniciples of Privacy to be followed via EU DATA PROTECTION DIRECTIVE
     • Safe Harbor Privacy Principles (For US-EU comp to work together)
       • Notice Individuals must be informed that their data is being collected and about how it will be used.
       • Choice Individuals must have the ability to opt out of the collection and forward transfer of the data to third parties
       • Onward Transfer Transfers of data to third parties may only occur to other organizations that follow adequate data protection principles.
       • Security Reasonable efforts must be made to prevent loss of collected information
       • Data Integrity Data must be relevant and reliable for the purpose it was collected for.
       • Access Individuals must be able to access information held about them, and correct or delete it if it is inaccurate.
       • Enforcement There must be effective means of enforcing these rules.
   • (2) 1974 US Privacy Act
     • Protection of PII on federal databases
   • (5) 1986/96 US Computer Fraud and Abuse Act
     • Trafficking in computer passwords or information that causes a loss of $1,000 or more or could impair medical treatment.
   • (6) 1986 Electronic Communications Privacy Act
     • Prohibits eavesdropping or interception w/o distinguishing private/public
   • (7) 1987 US Computer Security Act
     • Security training, develop a security plan, and identify sensitive systems on govt agencies
   • (8) 1991 US Federal Sentencing Guidelines
     • Responsibility on senior management with fines up to $290 million. Invoke prudent man rule. Address both individuals and organizations
   • (9) 1996 US Economic and Protection of Propriety Information Act
     • industrial and corporate espionage
   • (10) 1996 Health Insurance and Portability Accountability Act (HIPPA)
   • (11) 1996 US National Information Infrastructure Protection Act
     • Encourage other countries to adopt similar framework.

3. Ethics

   • ISC - Code of Ethics
     • Preamble
       • The safety and welfare of society and the common good, duty to our principals, and to each other, requires that we adhere, and be seen to adhere, to the highest ethical standards of behavior.
     • Canons
       • 1) Protect society, the common good, necessary public trust and confidence, and the infrastructure.
       • 2) Act honorably, honestly, justly, responsibly, and legally.
       • 3) Provide diligent and competent service to principals.
       • 4) Advance and protect the profession.
   • Computer Ethics Institute
     • 1. Thou shalt not use a computer to harm other people.
     • 2. Thou shalt not interfere with other people’s computer work.
     • 3. Thou shalt not snoop around in other people’s computer files.
     • 4. Thou shalt not use a computer to steal.
     • 5. Thou shalt not use a computer to bear false witness.
     • 6. Thou shalt not copy or use proprietary software for which you have not paid.
     • 7. Thou shalt not use other people’s computer resources without authorization or proper compensation.
     • 8. Thou shalt not appropriate other people’s intellectual output.
     • 9. Thou shalt think about the social consequences of the program you are writing or the system you are designing.
     • 10. Thou shalt always use a computer in ways that ensure consideration and respect for your fellow humans.
   • IAB - Unethical & unacceptable behaviour
     • 1] Purposely seeking to gain unauthorized access to Internet resources
     • 2] Disrupting the intended use of the Internet
     • 3] Wasting resources (people, capacity, and computers) through purposeful actions
     • 4] Destroying the integrity of computer-based information
     • 5] Compromising the privacy of others
     • 6] Conducting Internet-wide experiments in a negligent manner