Network Security Essentials Chapter 13
Fourth Edition by William Stallings Lecture slides by Lawrie Brown
Chapter 13 Legal and Ethical Aspects
touch
on a few topics including:
cybercrime and computer crime intellectual property issues privacy ethical issues
Cybercrime / Computer Crime
criminal activity in which computers or computer networks are a tool, a target, or a place of criminal activity categorize based on computers role:
as target as storage device as communications tool
more comprehensive categorization seen in Cybercrime Convention, Computer Crime Surveys
Law Enforcement Challenges
Intellectual Property
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.
Copyright Rights
copyright
owner has these exclusive rights, protected against infringement:
reproduction right modification right distribution right public-performance right public-display right
Patents
grant a property right to the inventor
to exclude others from making, using, offering for sale, or selling the invention
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
types:
e.g. RSA public-key cryptosystem patent
Trademarks
a word, name, symbol, or device
used in trade with goods indicate source of goods to distinguish them from goods of others 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
trademark rights may be used to:
Intellectual Property Issues and Computer Security
software
programs
content and arrangement
protect using copyright, perhaps patent protect using copyright
database
digital
content audio / video / media / web
protect using copyright may be able to protect by patenting
algorithms
U.S. Digital Millennium Copyright ACT (DMCA)
implements
WIPO treaties to strengthens protections of digital copyrighted materials encourages copyright owners to use technological measures to protect their copyrighted works, including:
measures that prevent access to the work measures that prevent copying of the work
prohibits
attempts to bypass the measures
have both criminal and civil penalties for this
DMCA Exemptions
certain
actions are exempted from the DMCA provisions:
fair use reverse engineering encryption research security testing personal privacy
considerable
concern exists that DMCA inhibits legitimate security/crypto research
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 goal often to provide mechanisms for the complete content management lifecycle provide persistent content protection for a variety of digital content types / platforms / media
DRM Components
DRM System Architecture
Privacy
overlaps
with computer security have dramatic increase in scale of info collected and stored
motivated by law enforcement, national security, economic incentives
but
individuals increasingly aware of access and use of personal / private info concerns on extent of privacy compromise have seen a range of responses
EU Privacy Law
European
Union Data Protection Directive was adopted in 1998 to:
ensure member states protect fundamental privacy rights when processing personal info prevent member states from restricting the free flow of personal info within EU
organized
around principles of:
notice, consent, consistency, access, security, onward transfer, enforcement
US Privacy Law
have
Privacy Act of 1974 which:
permits individuals to determine records kept permits individuals to forbid records being used for other purposes permits individuals to obtain access to records ensures agencies properly collect, maintain, and use personal info creates a private right of action for individuals
also
have a range of other privacy laws
Organizational Response
An organizational data protection and privacy policy should be developed and implemented. This policy should be communicated to all persons involved in the processing of personal information. Compliance with this policy and all relevant data protection legislation and regulations requires appropriate management structure and control. Often this is best achieved by the appointment of a person responsible, such as a data protection officer, who should provide guidance to managers, users, and service providers on their individual responsibilities and the specific procedures that should be followed. Responsibility for handling personal information and ensuring awareness of the data protection principles should be dealt with in accordance with relevant legislation and regulations. Appropriate technical and organizational measures to protect personal information should be implemented.
Common Criteria Privacy Class
Privacy and Data Surveillance
Ethical Issues
have
many potential misuses / abuses of information and electronic communication that create privacy and security problems ethics:
a system of moral principles relating benefits and harms of particular actions to rightness and wrongness of motives and ends of them
ethical
behavior here not unique but do have some unique considerations
in scale of activities, in new types of entities
Ethical Hierarchy
Ethical Issues Related to Computers and Info Systems
some ethical issues from computer use:
repositories and processors of information producers of new forms and types of assets instruments of acts symbols of intimidation and deception
those who understand / exploit technology, and have access permission, have power over these issue is balancing professional responsibilities with ethical or moral responsibilities
Ethical Question Examples
whistle-blower
when professional ethical duty conflicts with loyalty to employer e.g. inadequately tested software product organizations and professional societies should provide alternative mechanisms
potential
conflict of interest
e.g. consultant has financial interest in vendor which should be revealed to client
Codes of Conduct
1. 2. 3. 4. 5.
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
Codes of Conduct
see ACM, IEEE and AITP codes place emphasis on responsibility other people have some common themes:
1. 2. 3. 4. 5. 6.
7.
dignity and worth of other people personal integrity and honesty responsibility for work confidentiality of information public safety, health, and welfare participation in professional societies to improve standards of the profession the notion that public knowledge and access to technology is equivalent to social power
Summary
reviewed
a range of topics:
cybercrime and computer crime intellectual property issues privacy ethical issues
