Ethical Impacts Flashcards
What is a patent?
Grant of property right issued by the US Patent and Trademark Office (USPTO) to an inventor, permitting owner to exclude public from making, using, or selling the protected invention, and allows for legal action in violations.
Which law grants citizens the right to access certain information and records of the federal government upon request?
The Freedom of Information Act (FOIA)
What is a utility patent?
Issued for a new process, machine, manufacture, or composition of matter
What are three advantages of trade secret law over patents and copyrights?
- No time limitations on trade secret protections
- No need to file an application or otherwise disclose to outsiders for protection
- No risk that trade secret will be found invalid in court
What is the focus of CALEA?
To require telecom industry to build tools into its products that federal investigators can use to eavesdrop on conversations and intercept electronic communications
Which law defined standards to improve portability and continuity of health insurance coverage, reduce fraud, and simplify administration?
The Health Insurance Portability and Accountability Act
Which law prohibits US government agencies from concealing the existence of any personal data record keeping system?
The Privacy Act
What are the three areas addressed by ECPA?
- Protection of communications while in transfer
- Protection of communications held in electronic storage
- Prohibition of devices from recording dialling, routing, addressing, and signalling information without a search warrant
What type of information is excluded from FOIA requests?
Freedom of Information Act prohibits request for excessively wide range searches of records.
What are fair information practices?
Guidelines that govern the collection and use of personal data
Which law mandates websites catering to children to offer comprehensive privacy policies, notify parents or guardians about their data collection practices, and receive parental consent before collecting any personal information from children under 13?
Children’s Online Privacy Protection Act (COPPA)
Which law has strong privacy provisions for electronic health records (EHRs) - banning sale of info, promoting audit trails and encryption, and rights of access for patients?
The American Recovery and Reinvestment Act
What is a trademark?
A logo, package design, phrase, sound, or word that differentiates a brand
What is cyberterrorism?
Intimidation of the government or civilian population by using IT to disable national infrastructure (energy, transportation, finance, law enforcement, and emergency response) to achieve political, religious, or ideological goals.
What is the basis for protecting personal privacy under law?
The Fourth Amendment’s defence against unreasonable searches and seizures without a warrant or probable cause.
What types of speech are not protected by the First Amendment?
- Perjury
- Fraud
- Defamation
- Obsenity
Which law ensures accuracy, fairness, and privacy of information gathered by credit card companies?
Fair Credit Reporting Act
What is a copyright?
Exclusive right to distribute, display, perform, or reproduce an original work in copies, to prepare derivative works, and to grant these exclusive rights to others.
Which law granted a four year extension of the US PATRIOT Act that allowed roving wiretaps and searches of business records, and extended authorization intelligence gathering on lone wolves?
The PATRIOT Sunsets Extension Act
Which agreement created the World Trade Organization in Geneva to enforce compliance and has a section called Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)?
The General Agreement on Tariffs and Trade (GATT), 1993
What are key elements of end user security layer?
- Security education
- Authentication methods
- Antivirus software
- Data encryption
What is the difference between data manipulation and misrepresentation?
Manipulation is largely illustrative
Misrepresentation deliberately influences audiences toward an outcome
How does an organization implement a risk-based security strategy?
- Risk assessment
- Disaster recovery plan
- Define security policies
- Periodic security audits
- Compliance standards defined by external parties
- Track with security dashboard
What are the keys laws establishing the legal framework for electronic surveillance?
- Communication Act (1934)
- Foreign Intelligence Surveillance Act (FISA) (1978, amended 2008)
- Title III of the Omnibus Crime Control and Safe Streets Act (1968, amended 1986) (the “Wiretap Act”)
Also:
- Electronic Communication Privacy Act (ECPA) (1986)
- Communication Assistance for Law Enforcement Act (1994)
- USA PATRIOT Act (2001)
Which legislation directly repeals the EU Data Protection Directive and indirectly the Privacy Shield framework?
The General Data Protection Regulation (GDPR) in 2018
Noncompliance can result in penalties for privacy violations amounting to as much as 4% of companies annual global revenue
What is confidentiality?
Protecting an organizations most sensitive information: IP, finance and payroll, customers, etc.
Which law modified 15 existing statutes and gave sweeping new powers to domestic law enforcement and international intelligence agencies for increased eavesdropping ability, email interception, and medical/financial records searches, and eased restrictions on foreign intelligence gathering in the States?
The US PATRIOT Act
Which law set requirements for sex offender registration and notification in the United States?
1994 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
(States required to create web sites to provide info for registered sex offenders)
What was ECPA passed to amend?
Title III of the Omnibus Crime Control and Safe Streets Act
Which law established mandatory guidelines for the collection and disclosure of personal financial information by financial institutions, including documenting their security plans?
The Gramm-Leach-Bliley Act (GLBA)
Which law governs national standards as to which sex offenders must register and which data must be captured?
The Sex Offender Registration and Notification Provisions (SORNA) of the Adam Walsh Child Protection and Safety Act of 2006
What is the right of privacy?
The right of privacy is the right to be left alone - the most comprehensive of rights, and the right most valued by free people
What are the two common payment methods for paid media marketing?
Cost per click
Cost per thousand impressions
Which law terminated the bulk collection of phone metadata by the NSA, instead requiring telecom carriers to respond to NSA queries for data; the act also restored authorization for roving wiretaps and the tracking of lone wolf terrorists?
USA Freedom Act
What are common benefits of data?
- Human understanding
2. Social, institutional, economic efficiency
Which law changed the US patent system from “first to invent” to “first inventor to file”, and expanding the definition of prior art, making it more difficult to obtain a patent?
The Leahy-Smith America Invents Act
Who put forward a privacy multistakeholder process to develop a voluntary enforceable code of conduct specifying how Consumer Privacy Bill of Rights applies to facial recognition tech?
National Telecommunications and Information Administration (NTIA) of the US Department of Commerce
What is the purpose of the Title III of the Omnibus Crime Control and Safe Streets Act?
To regulate the interception of wire and oral communications
What is the purpose of the Privacy Act (1974)?
To regulate the concealment of data record keeping in the systems of the federal government
What is intellectual property?
Works of the mind that are distinctly owned or created by a single person or group
What is earned media?
Exposure an organization gets through press or social media mentions, positive ratings or reviews, tweets and shares, reposts, recommendations, etc.
Which UN agency is dedicated to the use of intellectual property?
The World Intellectual Property Organization (WIPO)
Why is integrity?
Data can only be changed by authorized individuals so that the accuracy, consistency, and trustworthiness of the data are gauaranteed
Which law allows consumers the request and obtain a free credit report each year from each of three consumer credit reporting agencies?
The Fair and Accurate Credit Transaction Act
What is a white hat hacker?
Someone hired to test security of information systems in order to improve defences
How was FISA amended in 2004 and 2008?
2004: authorized FISA to collect intel on lone wolf individuals
2008: granted NSA expanded authority to collect international communications flowing through US telecom equipment and facilities
How many firms record and review employee communications and activities on the job?
80%
Which law deals with the protection of communications while in transit from sender to receiver; the protection of communications held in electronic storage; and the prohibition of devices from recording dialing, routing, addressing, and signaling info without a warrant?
The Electronic Communications Privacy Act (ECPA) of 1986
What is the law functioning as a stopgap measure allowing businesses to transfer personal data about European citizens to the United States, after the Safe Harbour agreement was deemed invalid by the European Court of Justice?
The European-United States Privacy Shield Data Transfer Program Guidelines
How many internet users worldwide?
4 billion