Chapter 10 – Obscenity Miller Test for Obscenity: 1. Community standard – 2. Depicts patently offensive sexual conduct defined by state law 3. Lacks serious literary, artistic, political, or scientific value Communication Decency Act – Must try to attempt to protect minors from obscene material. Defenses – 1. ISP’s are safe they provide access, not content 2. Made good faith effort to prevent 3. Good Samaritan defense – it’s in everyone’s better interest. CPPA –Child Pornography Protection Act – no child porn. Too vague. COPPA! Again – must use bona fide methods to protect against minors Consenting adults defense in child pornography is not applicable. Your not allowed to look at porn at work so make sure your company’s written monitoring and usage policy addresses this. Penalties and procedure for violations should also be established. Get filters to protect company and employees Obscenity is not limited to porn
Chapter 11 – Defamation Defamation is a false statement that wrongfully harms a persons reputation Liable – written form Slander – is the oral form 1. The statement must be of fact. 2. Publication of statement without a privilege to do so 3. Fault or negligence 4. Damages – actual or presumed Slander per se – Accusing another of committing a serious crime. Accusing another of having a loathsome or communicable disease. Injuring another in their business or profession. In some states accusing a woman of being unchaste. Defenses – Truth. Absolute Privilege. Qualified Privilege. Anonymous speech for the most part is protected. SLAPP defamation suits Develop company policy regarding comments by employee concerning defamation Remind employees that they can’t assume privacy. Speak at own peril. Monitor employee e-mails
Make sure if you make statements about competitors that they aren’t defamatory. If ISP have third party look at your e-mail systems and monitor bogs and stuff Beware of the repercussions of starting a suite. It may just draw attention and make you look worse.
Chapter 12 - Internet and information Security Businesses should engage the assistance of security experts Businesses should conduct internal audits on all electronic transmission as well as hire third parties Should try and provide system that is confidential… Authentic… safe for every use and usable. Be careful about using cryptographic programs.. their use is highly regulated by the government.
Chapter 13 Internet and Computer crimes Computer Fraud and Abuse Act