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LEGAL AND ETHICAL ASPECTS
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects
Mr. RAJASEKAR RAMALINGAM
Department of IT, College of Applied
Sciences, Sur.
Sultanate of Oman.
http://vrrsekar.wixsite.com/raja
Based on
William Stallings, Lawrie Brown, Computer Security:
Principles and Practice, Third Edition
CONTENT
13.1 Cybercrime and Computer Crime
13.2 Intellectual Property
13.3 Privacy and Ethical Issues
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 2
13.1.1 Cybercrime / Computer Crime
• “Computer crime, or cybercrime, is a term used broadly
to describe criminal activity in which computers or
computer networks are a tool, a target, or a place of
criminal activity.”
• From the New York Law School Course on Cybercrime,
Cyberterrorism, and Digital Law Enforcement.
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 3
13.1 Cybercrime and Computer Crime
13.1.2 Types of Computer Crime
• The U.S. Department of Justice categorizes computer
crime based on the role that the computer plays in the
criminal activity:
Computers as targets
Involves an attack on
data integrity, system
integrity, data
confidentiality, privacy,
or availability
Computers as storage
devices
Using the computer to
store stolen password
lists, credit card or
calling card numbers,
proprietary corporate
information,
pornographic image
files, or pirated
commercial software
Computers as
communications tools
Crimes that are
committed online, such
as fraud, gambling,
child pornography, and
the illegal sale of
prescription drugs,
controlled substances,
alcohol, or guns
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 4
13.1.3 Law Enforcement Challenges
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 5
13.1.4 Cybercriminals
• The lack of success in bringing them to justice has led to an
increase in their numbers, boldness, and the global scale of their
operations
• Are difficult to profile
• Tend to be young and very computer-savvy
• Range of behavioral characteristics is wide
• No cybercriminal databases exist that can point to likely suspects
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 6
13.1.5 Cybercrime Victims
• Are influenced by the success of cybercriminals and the lack of
success of law enforcement
• Many of these organizations have not invested sufficiently in
technical, physical, and human-factor resources to prevent attacks
• Reporting rates tend to be low because of a lack of confidence in
law enforcement, concern about corporate reputation, and a concern
about civil liability
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 7
13.1.6 Cybercrime Incidents In Oman
• Almost 280 million cyberattacks against government networks
were prevented by Oman’s technology agency in 2016.
• The Information Technology Authority has revealed in its annual
report that 279,151,002 cyberattacks were prevented by the ITA
against government networks in 2016.
• The ITA had also prevented over 1.7 million cyberattacks against
government websites, though 6,416 spyware and 7,824 viruses and
malware were discovered.
The agency also said that more than 150 government networks’
security level were boosted, and 18 government sites were secured
with their work.
8NETW4005 – SPRING 2017 - LECTURE 1 - COMPUTER SECURITY OVERVIEW
• Similarly, 16,118 real & serious cyberattacks were discovered and handled by
Oman CERT (Computer Emergency Readiness Team), and 96.5 per cent of all
security incidents were handled within five days.
In 2015, the ITA’s Information Security Division had prevented more than 4.8
million attacks against government networks and more than 398,000 attacks against
government portals in Oman.
In 2016, the ITA also saved 682,000 OMR for government entities in consultancy
services, and 1.2 million OMR in government man hours for their work.
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 9
10
Summary of Security incidents – 2016
(Source: ITAAnnual report 2016)
NETW4005 – SPRING 2017 - LECTURE 1 - COMPUTER SECURITY OVERVIEW
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 11
Summary of Security incidents – 2016
(Source: ITAAnnual report 2016)
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 12
Technical Achievements of Oman National CERT – 2016
(Source: ITAAnnual report 2016)
13.2.1 Intellectual Property
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 13
13.2 Intellectual Property
13.2.2 Copyright
• protects tangible or fixed expression of an idea but not the idea
itself
– is automatically assigned when created
– may need to be registered in some countries
• exists when:
– proposed work is original
– creator has put original idea in concrete form
– e.g. literary works, musical works, dramatic works, pantomimes
and choreographic works, pictorial, graphic, and sculptural
works, motion pictures and other audiovisual works, sound
recordings, architectural works, software-related works.
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 14
13.2.3 Copyright Rights
• Copyright owner has these exclusive rights, protected against
infringement:
– Reproduction right: lets the owner make copies of a work
– Modification right: (the derivative-works right), concerns modifying a work to
create a new or derivative work
– Distribution right: lets the owner publicly sell, rent, lease, or lend copies of the
work
– Public-performance right: applies mainly to live performances
– Public-display right: lets the owner publicly show a copy of the work directly
or by means of a film, slide, or television image
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 15
13.2.4 Patents
• grant a property right to the inventor
– to exclude others from making, using, offering for sale, or
selling the invention
• types:
– utility - any new and useful process, machine, article of
manufacture, or composition of matter
– design - new, original, and ornamental design for an article
of manufacture
– plant - discovers and asexually reproduces any distinct and
new variety of plant
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 16
13.2.5 Trademarks
• a word, name, symbol, or device
– used in trade with goods
– indicate source of goods
– to distinguish them from
goods of others
• trademark rights may be used to:
– prevent others from using a confusingly similar mark
– but not to prevent others from making the same goods or from
selling the same goods or services under a clearly different
mark
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 17
13.2.6 Intellectual Property Issues
• software programs
– protect using copyright,
• perhaps patent
• algorithms
– may be able to protect by patenting
• databases
– protect using copyright
• digital content (audio/video/media/web)
– protect using copyright
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 18
13.2.7 Digital Rights Management (DRM)
• systems and procedures ensuring digital rights holders are clearly
identified and receive stipulated payment for their works
– may impose further restrictions on their use
• no single DRM standard or architecture
• objective is to provide mechanisms for the complete content
management lifecycle
• provide persistent content protection for a variety of digital
content types/platforms/media
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 19
DRM Components
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 20
DRM System Architecture
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 21
13.3.1 Privacy
• overlaps with computer security
• have dramatic increase in scale of info collected and stored
– motivated by law enforcement, national security, economic
incentives
• Individuals have become increasingly aware of
– access and use of personal information and private details
about their lives
• Concerns about extent of privacy compromise have
– led to a variety of legal and technical approaches to reinforcing
privacy rights
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 22
13.3 Privacy and Ethical Issues
13.3.2 Common Criteria Privacy Class
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 23
13.3.3 Privacy Protection
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 24
13.3.4 Professional/Ethical Responsibilities
• Concern with balancing professional responsibilities with ethical or moral
responsibilities.
• Types of ethical areas a computing/IS professional may face:
– Ethical duty as a professional may come into conflict with loyalty to employer
– “Blowing the whistle”
– Expose a situation that can harm the public or a company’s customers
– Potential conflict of interest
• Organizations have a duty to provide alternative, less extreme opportunities for the
employee
– In-house ombudsperson coupled with a commitment not to penalize employees for
exposing problems
• Professional societies should provide a mechanism whereby society members can
get advice on how to proceed
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 25
13.3.5 Codes of Conduct
• ethics not precise laws or sets of facts
• many areas may present ethical ambiguity
• many professional societies have ethical codes of
conduct which can:
– be a positive stimulus and instill confidence
– be educational
– provide a measure of support
– be a means of deterrence and discipline
– enhance the profession's public image
ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 26

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Legal and ethical aspects

  • 1. 1 LEGAL AND ETHICAL ASPECTS ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects Mr. RAJASEKAR RAMALINGAM Department of IT, College of Applied Sciences, Sur. Sultanate of Oman. http://vrrsekar.wixsite.com/raja Based on William Stallings, Lawrie Brown, Computer Security: Principles and Practice, Third Edition
  • 2. CONTENT 13.1 Cybercrime and Computer Crime 13.2 Intellectual Property 13.3 Privacy and Ethical Issues ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 2
  • 3. 13.1.1 Cybercrime / Computer Crime • “Computer crime, or cybercrime, is a term used broadly to describe criminal activity in which computers or computer networks are a tool, a target, or a place of criminal activity.” • From the New York Law School Course on Cybercrime, Cyberterrorism, and Digital Law Enforcement. ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 3 13.1 Cybercrime and Computer Crime
  • 4. 13.1.2 Types of Computer Crime • The U.S. Department of Justice categorizes computer crime based on the role that the computer plays in the criminal activity: Computers as targets Involves an attack on data integrity, system integrity, data confidentiality, privacy, or availability Computers as storage devices Using the computer to store stolen password lists, credit card or calling card numbers, proprietary corporate information, pornographic image files, or pirated commercial software Computers as communications tools Crimes that are committed online, such as fraud, gambling, child pornography, and the illegal sale of prescription drugs, controlled substances, alcohol, or guns ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 4
  • 5. 13.1.3 Law Enforcement Challenges ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 5
  • 6. 13.1.4 Cybercriminals • The lack of success in bringing them to justice has led to an increase in their numbers, boldness, and the global scale of their operations • Are difficult to profile • Tend to be young and very computer-savvy • Range of behavioral characteristics is wide • No cybercriminal databases exist that can point to likely suspects ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 6
  • 7. 13.1.5 Cybercrime Victims • Are influenced by the success of cybercriminals and the lack of success of law enforcement • Many of these organizations have not invested sufficiently in technical, physical, and human-factor resources to prevent attacks • Reporting rates tend to be low because of a lack of confidence in law enforcement, concern about corporate reputation, and a concern about civil liability ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 7
  • 8. 13.1.6 Cybercrime Incidents In Oman • Almost 280 million cyberattacks against government networks were prevented by Oman’s technology agency in 2016. • The Information Technology Authority has revealed in its annual report that 279,151,002 cyberattacks were prevented by the ITA against government networks in 2016. • The ITA had also prevented over 1.7 million cyberattacks against government websites, though 6,416 spyware and 7,824 viruses and malware were discovered. The agency also said that more than 150 government networks’ security level were boosted, and 18 government sites were secured with their work. 8NETW4005 – SPRING 2017 - LECTURE 1 - COMPUTER SECURITY OVERVIEW
  • 9. • Similarly, 16,118 real & serious cyberattacks were discovered and handled by Oman CERT (Computer Emergency Readiness Team), and 96.5 per cent of all security incidents were handled within five days. In 2015, the ITA’s Information Security Division had prevented more than 4.8 million attacks against government networks and more than 398,000 attacks against government portals in Oman. In 2016, the ITA also saved 682,000 OMR for government entities in consultancy services, and 1.2 million OMR in government man hours for their work. ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 9
  • 10. 10 Summary of Security incidents – 2016 (Source: ITAAnnual report 2016) NETW4005 – SPRING 2017 - LECTURE 1 - COMPUTER SECURITY OVERVIEW
  • 11. ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 11 Summary of Security incidents – 2016 (Source: ITAAnnual report 2016)
  • 12. ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 12 Technical Achievements of Oman National CERT – 2016 (Source: ITAAnnual report 2016)
  • 13. 13.2.1 Intellectual Property ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 13 13.2 Intellectual Property
  • 14. 13.2.2 Copyright • protects tangible or fixed expression of an idea but not the idea itself – is automatically assigned when created – may need to be registered in some countries • exists when: – proposed work is original – creator has put original idea in concrete form – e.g. literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, architectural works, software-related works. ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 14
  • 15. 13.2.3 Copyright Rights • Copyright owner has these exclusive rights, protected against infringement: – Reproduction right: lets the owner make copies of a work – Modification right: (the derivative-works right), concerns modifying a work to create a new or derivative work – Distribution right: lets the owner publicly sell, rent, lease, or lend copies of the work – Public-performance right: applies mainly to live performances – Public-display right: lets the owner publicly show a copy of the work directly or by means of a film, slide, or television image ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 15
  • 16. 13.2.4 Patents • grant a property right to the inventor – to exclude others from making, using, offering for sale, or selling the invention • types: – utility - any new and useful process, machine, article of manufacture, or composition of matter – design - new, original, and ornamental design for an article of manufacture – plant - discovers and asexually reproduces any distinct and new variety of plant ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 16
  • 17. 13.2.5 Trademarks • a word, name, symbol, or device – used in trade with goods – indicate source of goods – to distinguish them from goods of others • trademark rights may be used to: – prevent others from using a confusingly similar mark – but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 17
  • 18. 13.2.6 Intellectual Property Issues • software programs – protect using copyright, • perhaps patent • algorithms – may be able to protect by patenting • databases – protect using copyright • digital content (audio/video/media/web) – protect using copyright ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 18
  • 19. 13.2.7 Digital Rights Management (DRM) • systems and procedures ensuring digital rights holders are clearly identified and receive stipulated payment for their works – may impose further restrictions on their use • no single DRM standard or architecture • objective is to provide mechanisms for the complete content management lifecycle • provide persistent content protection for a variety of digital content types/platforms/media ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 19
  • 20. DRM Components ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 20
  • 21. DRM System Architecture ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 21
  • 22. 13.3.1 Privacy • overlaps with computer security • have dramatic increase in scale of info collected and stored – motivated by law enforcement, national security, economic incentives • Individuals have become increasingly aware of – access and use of personal information and private details about their lives • Concerns about extent of privacy compromise have – led to a variety of legal and technical approaches to reinforcing privacy rights ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 22 13.3 Privacy and Ethical Issues
  • 23. 13.3.2 Common Criteria Privacy Class ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 23
  • 24. 13.3.3 Privacy Protection ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 24
  • 25. 13.3.4 Professional/Ethical Responsibilities • Concern with balancing professional responsibilities with ethical or moral responsibilities. • Types of ethical areas a computing/IS professional may face: – Ethical duty as a professional may come into conflict with loyalty to employer – “Blowing the whistle” – Expose a situation that can harm the public or a company’s customers – Potential conflict of interest • Organizations have a duty to provide alternative, less extreme opportunities for the employee – In-house ombudsperson coupled with a commitment not to penalize employees for exposing problems • Professional societies should provide a mechanism whereby society members can get advice on how to proceed ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 25
  • 26. 13.3.5 Codes of Conduct • ethics not precise laws or sets of facts • many areas may present ethical ambiguity • many professional societies have ethical codes of conduct which can: – be a positive stimulus and instill confidence – be educational – provide a measure of support – be a means of deterrence and discipline – enhance the profession's public image ITSY3104 COMPUTER SECURITY - A - LECTURE 13 - Legal and Ethical Aspects 26