Cyber Crime and Laws Flashcards
Deindividuation
“a loss of self-awareness that results in irrational, aggressive, antinormative, and antisocial behavior.”
ECPA
Electronic Communications Privacy Act - adopted to address the legal privacy issues that were evolving with the growing use of computers and other new innovations in electronic communications.
(1968)
Makes it a felony to steal or misappropriate organizational trade secrets, whether done by domestic or foreign competitors, or by a foreign governmental entity.
Electronic Espionage Act of 1996
The law prohibits the use of a minor in the making of pornography, the transport of a child across state lines, the taking of a pornographic picture of a minor, and the production and circulation of materials advertising child pornography.
Child Pornography Prevention Act of 1996
Made it a federal crime for anyone using the mail, interstate or foreign commerce, to persuade, induce, or entice any individual younger than the age of 18 to engage in any sexual act for which the person may be criminally prosecuted
The Telecommunications Act of 1996, (18 U.S.C. 2422)
Enacted to clarify definitions of criminal fraud and abuse for federal computer crimes and to remove the legal ambiguities and obstacles to prosecuting these crimes.
The Act established two new felony offenses for the unauthorized access of “federal interest” computers and a misdemeanor for unauthorized trafficking in computer passwords.
Computer Fraud and Abuse Act of 1986 (18 U.S.C. 1001)
GLB
Gramm-Leach-Bliley -
Applies to all national banks and federal branches of foreign banks
The purpose of the Act is the protection of customer information.
HIPAA
Health Insurance Portability and Accountability Act
Civil Liability - In order for a plaintiff to successfully win a tort case, four basic elements must be established:
Duty – the defendant must have a legal duty of care toward the plaintiff.
Breach of Duty – the defendant must have violated a legal duty of care toward the plaintiff. Usually the result of “negligence“.
Damage – the plaintiff must suffer harm.
“Proximate cause” – the defendant’s breach of a legal duty must be related to the plaintiff’s injury closely enough to be considered the cause or at least one of the primary causes of the harm.
Negligence
“Failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in particular situation.”
DMCA
Digital Millennium Copyright Act