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Section 19.1 Cyberlaw and Cybercrime. Section 19.1 Cyberlaw and Cybercrime.

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Presentation on theme: "Section 19.1 Cyberlaw and Cybercrime. Section 19.1 Cyberlaw and Cybercrime."— Presentation transcript:

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2 Section 19.1 Cyberlaw and Cybercrime

3 Section 19.1 Cyberlaw and Cybercrime
The advent of computer technology and the Internet has created opportunities to commit new types of crimes and the need to pass new types of laws.

4 Section 19.1 Cyberlaw and Cybercrime
Cyberlaw is the area of the law that deals with computers and computer-related crimes. A cybercrime is any crime committed using a computer. Cyberlaw is the area of the law that deals with computers and computer-related crimes. A cybercrime is any crime committed using a computer.

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There are two approaches states are taking to make laws dealing with cybercrime: 1 the cybertrespass approach 2 rewriting the criminal code

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Cybertrespass is any illegal activity already in the criminal code, such as blackmail or vandalism, committed using a computer. The cybertresspass approach consists of applying existing laws to cover the use of computers.

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The other approach is to rewrite the criminal code by adding criminal statutes for every type of crime that can be committed using a computer.

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Types of cybercrimes include: cyberspoofing cyberpiracy cyberblackmail cyberterrorism cybervandalism cybergerm warfare

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Cyberspoofing is using a false identity or the identity of another computer user to commit fraud on a Web site. Cyberpiracy is using a computer to steal data stored digitally in a computer.

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Cyberblackmail is blackmailing someone with information illegally obtained using a computer. Cybervandalism is disrupting, damaging, or destroying a Web site or computer network.

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Cyberterrorism is using a computer to sabotage computer networks vital to the national welfare, such as national defense, air traffic control, and stock market computer systems.

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Cybergerm warfare is transmitting computer viruses to destroy computer files or systems. Whether done maliciously, as a prank, or to show off, it is still considered a crime.

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Just as crimes can be committed using a computer, so can torts. A cybertort is a tort, or private wrong committed by one person against another, using a computer.

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The most common cybertorts are: cyberinvasion of privacy cyberdefamation

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Cyberdefamation is using a computer to communicate false information that damages a person’s reputation. Cyberinvasion of privacy is intruding on someone personally using a computer.

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Cyberlaw also has to deal with the new area of e-commerce. E-commerce, or electronic commerce, is doing business electronically, especially over the Internet.

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jurisdiction Three of the main issues in e-commerce are: authentication intellectual property rights

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Jurisdiction is concerned with where taxes should be paid or lawsuits filed when a buyer and seller are located in different states or countries.

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Authentication is concerned with making sure a buyer and seller doing business electronically can identify themselves.

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To manage this problem, Congress passed the E-sign Act, which gives digital signatures the same legal status as written signatures. A digital signature is an encoded message on a contract to verify a person’s identity.

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Intellectual property rights are concerned with protecting the rights of individuals and companies to own creative properties that can easily be distributed over the Internet, such as music and photos.

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To protect intellectual property from being stolen electronically, Congress passed the No Electronic Theft Act in 1997. This imposes criminal fines on anyone copying an intellectual property for commercial profit or personal gain.

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Congress has also passed laws to protect copyright, patent, and trademarks to digital products, such as computer software and Web site domain names.

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