Legal aspects Based on Law in the Internet Age Sharon K. Black

Overview Intellectual property law –Trade Secrets –Copyrights and Patents Trade restrictions and Encouragements –Crypto export restrictions –The key escrow debate –Tariffs, GATT, etc.

Overview (Continued) Privacy laws Cyberlaw –Antihacking –Consumer privacy –Content Defamation and Obscenity ISP and operator liability State laws on signature, etc.

Intellectual property law Trade Secrets –Information whose commercial value is secrecy Difference between friends and strangers –Some protection under the electronic espionage act Copyrights –Copyrights cover “works of authorship” –Only the unique expression is covered, not the underlying facts

Intellectual property law (more on copyrights) –Exceptions Limited use by owner Public access Fair use (news and education, decompilation for interoperability) Software must be copied to be used –What constitutes infringement Similarity Access (did it occur) Evaluation of fair use Was reverse engineering used –The DMCA Can’t undo copying controls Limited liability for ISP’s Current arguments –Napster –Photographs –Software –Text

Intellectual property law (patents) Patents –Patent gives exclusive use of an invention (make, use, and sell) –Must be new and useful process, machine, manufacture, etc. –Computers and programs often fail the nonobvious test – –Patent process is difficult, copyright is easy Remedies and penalties –Remedies Injunctive relief (stop doing it) Civil damages (actual and statutory) Seizure Criminal penalties –License agreement can be more restrictive but not all are legal

Privacy and Content Issues Privacy isn’t in the Bill of Rights (in PR eavesdropping is) –Tort law covers it in a limited way –Unreasonable intrusion –Unreasonable disclosure –False light and appropriation –Commercial privacy is a current topic Hollings bill weakens protections Some other new proposals are ambiguous Examples –Medical data (insurance vs damage due to disclosure) –Financial data (buying habits) –Financial data (credit and tax assessment) –Zones of privacy (marriage and associations) Exceptions based on commercial use (marketing applications)

Privacy and communications Interception is illegal –Federal communications act, etc. –Court-ordered wiretaps are controlled (less after 9-11) –Employers have near-exclusive rights –Public records (Freedom of information act) –Bank secrecy and fair credit reporting