fast access internet – effective websites capabilities, opportunities and liabilities portsmouth...
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Effective Websites
Capabilities, Opportunities and Liabilities
Portsmouth Business School17th January 2007
Peter Milford
NewNet plc
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Capabilities and Capabilities and OpportunitiesOpportunities
ISP provides: connectivity
(Broadband, Private circuit etc.)
Web hosting
Server colocation
Most businesses will make use of Internet connectivity, web-sites, e-commerce
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Capabilities and Capabilities and OpportunitiesOpportunities
Web sites sit on a web server…
The server is connected to power and to the Internet
Server may be:
SharedDedicated
Housed on-siteHoused in a dedicated specialist centre
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Data CentresData Centres
External data centres provide an alternative to
the in-house IT facility
‘Hardening’ your own IT infrastructure is
expensive – use an external centre to share
the costs and gain maximum benefit
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Data CentresData Centres
Be prepared!
What happens when things go wrong?
Loss of power Loss of connectivity
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Data CentresData Centres
Are you secure?
Physical security
Environmental and fire protection
Electronic Security
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Capabilities and Capabilities and OpportunitiesOpportunities
Check your serviceWhat is the availability? Is it fast enough?
Can users find you? Is it navigable?Is it ‘sticky’? Is it accessible?
Is it still in date?
What do the users think?
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Compliance and LiabilitiesCompliance and Liabilities
Data Protection Act 1998Regulation of Investigatory Powers Act 2000
Anti-Terrorism, Crime and Society Act 2001Terrorism Act 2003
Disability Discrimination Act 1995Protection of Children Act 1978
Sexual Offences Act 2003Obscene Publications Act 1959 and 1964Copyright, Designs and Patent Act 1988
The Electronic Commerce (EC Directive) Regulations 2002The Privacy and Electronic Communications (EC Directive) Regulations 2003
Communications Act 2003The Consumer Protection (Distance Selling) Regulations 2000
Have you given thought to:
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Internet Service ProviderInternet Service Provider
Protecting our interests and those of the whole user base
Acceptable Use PolicyRefers to Copyright, Pornographic, UCE content
etc.
Terms and Conditions
Responsibility for content lies with the user
ISP acts as ‘mere conduit’
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Case StudiesCase Studies
Recent examples of notice and actions
What ends up on the ISPs desk?
What happens next?
Actuality
What may be regarded as ‘legal’ and what may regarded as ‘best
common practice’ may be some way apart….
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End users engaged in Peer End users engaged in Peer to Peer file sharingto Peer file sharing
BitTorrent
eDonkey
Gnutella
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Copyright Copyright InfringementInfringement
Evidentiary Information:Notice ID: 19888716Recent Infringement Timestamp: 24 Dec 2006 19:21:21 GMTInfringed Work: BabelInfringing FileName: BABEL (2006) [FULL Movie] by WingTip/BABEL (2006) by WingTip.aviInfringing FileSize: 429864228Protocol: BitTorrentInfringing URL: http://www.bitenova.org/download.php?id=457c98c7dfcb10a73f7602db0f2e25c1a2df8e38Infringers IP Address: Initial Infringement Timestamp: 24 Dec 2006 19:21:21 GMT
Notification from Rights Owner
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CopyrightCopyright InfringementInfringement
Action:
Notice sent to end user to advise detection and terms of Acceptable use Policy
Response:Materials removed and systems
secured
Return:Rights owner advised – matter now
closed
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Compromised Compromised security?security?
Monitor your system
Investigate any abnormal patterns of behaviour
(traffic flow)
A sudden spike may indicate a security problem and large amounts of
unauthorised traffic.
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Software piracy?Software piracy?
Demand for Immediate Take-Down: Notice of Infringing Activity
Dear Sir or Madam,
Microsoft has received information that the domain listed above, which appears to be on servers under your control, is offering unlicensed copies of, or is engaged in other unauthorized activities relating to copyrighted computer programs published by Microsoft.
1. Identification of copyrighted works:
Computer program(s):Windows XP ProfessionalWindows XP Home Edition
Copyright owner:Microsoft Corporation
Problem!
Third party Site is hosted by a customer
No direct access to site or content
Any action taken to disconnect customer would affect far more
users
Action:
Refer to customer to discuss with end user for action to be taken
Notify rights owner – check later for action
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Software piracy?Software piracy?
Demand for Immediate Take-Down: Notice of Infringing Activity
Dear Sir or Madam,
Microsoft has received information that the domain listed above, which appears to be on servers under your control, is offering unlicensed copies of, or is engaged in other unauthorized activities relating to copyrighted computer programs published by Microsoft.
1. Identification of copyrighted works:
Computer program(s):Windows XP ProfessionalWindows XP Home Edition
Copyright owner:Microsoft Corporation
Problems
Is the ISP liable for distribution? Is the website owner liable?
Could this be a criminal liability?
Could the server be seized as ‘equipment for making copies?
Liability under Computer Misuse Act – distribution of worm/trojan etc.
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Copyright Copyright Infringement?Infringement?
Problems
Site hosts content infringing rights
Quotes DMCA
Site hosted on 3rd part server
Action can only disconnect entire server
Action:
Refered to customer
Advised crack removed
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Copyright Copyright Infringement?Infringement?
I'm fighting such a hangover at the moment, whacking out a bit of jimmyhendrix to clear the brain cells.
I had a look at the site being hosted and it does look a bit dodge (plusabout 10 million dialers/popups).
I'm pretty sure that the guy who leases the server is on holiday for twoweeks in greece (lucky bastard) so I'll buy a bit of time. I've justfinished writing the email to the Attorney and will cc you on it. I'll takeit seriously but I'm not to worried, if he wants it sorted immediately hecan provide us with a UK Court order demanding the takedown of the
server.
This is acknowledgement of our receipt of your "DMCA" notice. I would like to point out that DMCA was passed in US Congress, we are in the UK, as are our servers, upstreams (newnet have spoken to us this morning) and company. We are under UK and EU law, therefore please do not even begin to use any bully-boy type tactics and threats such as your "As a service provider, you may otherwise be liable for copyright infringement if, upon obtaining knowledge or awareness of infringing material being stored upon your network, you do not act expeditiously to remove, or disable access to, the material.". We will take action on this matter in due course, if we pull servers without having proper backing we will expose ourselves to our clients legal wrath. We will try to investigate and deal with with your issue within the next 30 days, as we are running up to Christmas and New Year this process may take some time. I am by no means dedicating all my time to investigating this.
Advise atttorney that customer contacted for action – any action at our end would be disproportionate – accepted.
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Copyright Copyright Infringement?Infringement?
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Copyright Copyright Infringement?Infringement?
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Copyright Copyright Infringement?Infringement?
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SecuritySecurity
2006 saw a large scale rise in the incidence of
‘phishing’ scams
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Phishing scamsPhishing scams
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WachoviaWachovia
Banking and financial services based in Eastern USA and
Texas
Website compromised and additional
content added to ‘hidden’ location
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SecuritySecurity
Unauthorised content removed by
webmaster/designer
or
Site removed
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Mail distributionMail distribution
Spam may refer to:• Spam (electronic), unsolicited or
undesired bulk electronic messages. • E-mail spam, unsolicited emails with
advertisements.• Forum spam, posting advertisements or
useless posts on a forum.• Spamdexing, manipulating a search
engine to create the illusion of popularity for webpages.
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ICO Guidance 1
1st Rule
when they send marketing emails to you, the sender must not conceal their identity; and they must give you a valid address for opt-out requests
This rule actually applies to all marketing messages sent by electronic mail regardless of who the recipient is.
Guidance from the Information Commissioner’s
OfficeInformation for recipients – 2
rules under PECR (2003)
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ICO Guidance 2
2nd Rule Senders cannot send such messages unless they
have your prior consent to do so.
This strict ‘opt-in’ rule is relaxed if three exemption criteria are satisfied.
These are:
1. your email address was collected ‘in the course of a sale or negotiations for a sale’;
2. the sender only sends promotional messages relating to their ‘similar products and services’; and
3. when your address was collected, you were given the opportunity to opt out which you didn’t take. The opportunity
to opt-out must be given with every subsequent message.
Guidance from the Information Commissioner’s
OfficeInformation for recipients – 2
rules under PECR (2003)
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I luv Lucy
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Lincoln dating direct
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Trade mark dispute
Dating Direct.com now own the Trademark ‘Dating
Direct’ and sought action against others making
use of the words……
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Take down Take down noticenotice
Trade mark dispute
Lawyers acting for the owner (?) of a trade mark issue a take down
notice alleging infringement of their clients trademark etc.
Initial Notices issued to:
Website ownerIdentified site operator
Domain registrants
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Take down Take down noticenotice
Trade mark dispute
Subsequent Notices issued to:
Web hosting companyInternet Service Provider
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Trade Mark disputes are in
the news!
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And finally….And finally….
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Once upon a blue Once upon a blue moon!moon!
‘fanzine’ run by an individual supporter of Manchester City FC
Hosted by a South London hosting company with servers in Redbus
IP Transit provided by NewNet
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Once upon a blue moonOnce upon a blue moon
To: [email protected]: Football DataCo Fixture Lists 2004/05 - DataCo_NBCAD_10939Importance: High
DataCo_NBCAD_10939
We write on behalf of the Football Data Co Limited which is the appointed licensee of the FA Premier League, the Football League, the Scottish Premier League and the Scottish Football League ("the Leagues") in respect of the licensing of certain intellectual property rights of the Leagues, including those in the fixture lists for this season August 2004 - May 2005 ("the Fixture Lists"), for use by third parties.
We have noticed that your website
http://www.bluemoon-mcfc.co.uk/fixtures.asp is displaying Football Fixtures. In order to display the Fixture Lists you must obtain the necessary licence from the Press Association.
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Threats and liabilitiesThreats and liabilities
Civil liabilityTake down own and third party
InjunctionSeizure/Forfeiture
Criminal liability
Individual or corporate
Overseas jurisdiction
European Arrest Warrant?
Extradition?
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ChecklistChecklist!!
Compliance
Are you compliant?Are you secure?
Are you sure?
Are you resilient?Can you cope with a power/network outage?
Do you have procedures in place in the event of an incident?Can your business continue?
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Thank you and goodnight!
Links:Links:Information Commissioner: http://www.ico.gov.uk
Patent Office: http://www.patent.gov.uk
Office of Public Sector Information – UK Legislation 1987-2007: http://www.opsi.gov.uk
Advertising Standards Authority: http://www.asa.org.uk
Disability Rights Commission: http://www.drc.org.uk