is3350 security issues in legal context unit 8 cyberspace and the law
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IS3350 Security Issues in Legal Context Unit 8 Cyberspace and the Law. Learning Objectives. Describe the role of contracts in online transactions and cyberspace. Identify cybercrime and tort law issues in cyberspace. Key Concepts. General principles of contract law - PowerPoint PPT PresentationTRANSCRIPT
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IS3350 Security Issues in Legal Context
Unit 8
Cyberspace and the Law
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Learning Objectives
Describe the role of contracts in online transactions and cyberspace.
Identify cybercrime and tort law issues in cyberspace.
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Key Concepts
General principles of contract lawContracts in cyberspace and online
transactionsGeneral principles of criminal lawCybercrimeTort concepts in cyberspace
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EXPLORE: CONCEPTS
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Contract Law
Clarify relationships between individuals, groups, and organizations
Formed by two elements: offer and acceptance
Accepted offer and terms are binding on both parties
Terms are enforceable in a court of law
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Contract Law (Continued)
Oral and Written ContractsSpecific types of contracts must be written
down and must be signed• Written to Prevent Fraud • Contracts for the sale of land
Contracts require reciprocal exchange of value
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Tort and Criminal Law
Tort law is part of civil law• Refers to wrongful acts or harm for which an
individual can sue the person who caused the harm• Governs disputes between individuals• Follows what is called The Reasonable Man
standardCriminal law deals with violations against
societal norms
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Three Categories of Tort Law• Strict Liability
• Responsible for actions even if no intent to cause harm to another person.
• Negligence • Liable for any injuries or harm that are the
foreseeable consequences of actions when "Due Care” was not exercised
• Intentional • Intention to commit the act is demonstrated • Often share many common elements with a crime
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Characteristics of Criminal Law Criminal law aims to deter wrongful behavior
• Punishment for behavior• Rehabilitation of the offender
Society recognizes two basic types of wrongful conduct• Conduct universally agreed to be wrong or dangerous
to others• Conduct that isn’t inherently wrong, but society
prohibits it Misdemeanors and Felonies
• Misdemeanors are minor crimes• Felonies are more serious crimes
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Online Contracting
Underlying transactions are the same for online contracts and traditional contracts
Make transacting business easier Create problems for the contracting parties and
for the law Traditional law assumes the parties know one
another prior to entering into a contract Contracting over the Internet makes it unlikely
that they’re in the same state, geographical region, or even country
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Online Contracting (Continued)
Jurisdiction is an important issue for online contracts
Contract forms when the offering party receives an acceptance
People encounter special types of online contracts every day
Clicking on the "I Agree" button without reading or understanding agreement
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Online Contracting (Continued)
End-user license agreement (EULA) • Contract between the manufacturer or
distributor of a piece of software or a service and the end-user of the application• States how the software or service can be
used.• Contracts are accepted by removing the
cellophane wrap• Shrink-wrap contracts
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Cybercrime
Cybercrimes are crimes that use computers93% of all discovered data breaches were
linked to organized crime Identity theft and data theft is a multi-billion
dollar a year industryFederal and State laws created to address
cybercrimeDifficult to track the criminals
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Computer Fraud and Abuse Act (CFAA)
• Unauthorized access of security information
• Unauthorized access to protected computers
• Intentional transmission of malware, viruses, or worms that damage a protected computer
• Unauthorized trafficking of passwords or other computer access information
• Extortion involving threats to damage a protected computer
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EXPLORE: CONTEXT
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Cybertorts
Torts arising from Internet communicationsTraditional violations of intellectual property right Intentional infliction of emotional distress (IIED)Harassment can occur in cyberspaceCyber trespassViolating the right to privacy
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Summary
General principles of contract lawContracts in cyberspace and online
transactionsGeneral principles of criminal lawCybercrimeTort concepts in cyberspace