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					Legal Issues
In
Management




               1
       What we will look at
1.    Legal Issues
2.    Computer Misuse
3.    Software Theft
4.    Finance act
5.    International Jurisdiction Issues and the
      Internet
6.    Impact on Europe
7.    Accessibility
8.    Health and & Safety
9.    Age And Sex Discrimination
10.   Freedom of Information
                                                  2
What you will need research

   Finance Acts
   Impact of Europe




                              3
Legal, Ethical
and
Professional Issues




                      4
British Computer Society
Code of Conduct

Rules are grouped into four areas.........
“which all members should endeavour to
discharge in pursuing their professional
lives.”
  The Public Interest
 Duty to Relevant Authority

 Duty to the Profession

 Professional Competence and Integrity




                                        2
                                             5
 BCS COC - The Public Interest (part)

1.   Members shall in their professional practice
     safeguard public health and safety and have
     regard to protection of the environment.
2.   Members shall have due regard to the legitimate
     rights of third parties.
3.   Members shall ensure that within their chosen
     fields they have knowledge and understanding of
     relevant legislation, regulations and standards
     and that they comply with such requirements.
4.   Members shall in their professional practice have
     regard to basic human rights and shall avoid any
     actions that adversely affect such rights.
                                                    3
                                                        6
 Ethical & Legal Issues
There is a difference between ethical
and legal issues.
   Ethics are principles of right and wrong, used to
    guide behavior….




                                                        7
   Morals in the ‘Information
   Society’

 Information   rights and obligations
 Property rights

 Accountability and Control

 System quality

 Quality of Life




                                         8
Technology Trends Leading to
Ethical Issues

 Advances   in data storage
 Advancesin data mining
 techniques
 Advances   in networking


                               9
         ETHICAL PRINCIPLES

   Treat others as you want to be treated

   If action not right for everyone, not right
    for anyone (kant)

   If action not repeatable, not right at any
    time (descartes)

   Put value on outcomes, understand
    consequences


                                                 10
Computer Misuse




                  11
The potential risks you run from your computer
network.



   Fraud
    1.   investment schemes
    2.   chain letters
    3.   loans
    4.   offshore trusts
    5.   purchasing scams
    6.   bogus site with no goods
    7.   hijacked web-site
    8.   skimming accounts
    9.   increasing payments



                                                 12
   Hacking
       for intellectual challenge
       theft of information
       free use of computer time
       changing data
       electronic vandalism
   Denial of service
       deluging a site with email
       logic bombs destroying data
   Viruses
       arriving by e-mail
                                      13
   Unwanted e-mail
       "spam" - advertising
       pornographic or harassing messages
   Unauthorised use at work
       playing games on net
       shopping and personal e-mails
       downloading porn
       running businesses




                                             14
New Crimes - Old Laws?

There is no shortage of legislation.
   Hacking, for instance, was
    outlawed by the Computer
    Misuse Act 1990, and catching
    data in transmission is against
    the Interception of
    Communications Act 1985.



                                       15
        Pornography...

   Sending obscene or threatening
    messages contravenes the
    Telecommunications Act 1984 and the
    Obscene Publications Act
    1959.Child porn is in addition against
    the Protection of Children Act 1978 and
    Criminal Justice Act 1988.




                                              16
Fraud...
   Theft or fraud are covered by the
    Theft Act 1968, and possibly the
    Forgery & Counterfeiting Act 1981,
    Trade Marks Act 1994, Copyright
    Designs & Patents Act 1988 and
    Trade Descriptions Act 1968. On top
    of that there are a variety of
    common law remedies for
    conspiracy and other forms of
    cheating.

                                      17
       Who are the Criminals?

   Amateurs 90%
   Potential
    professional
    hackers for hire
    9.9%
   World class cyber
    criminals 0.1%




                                18
0.1% - The Serious Crimes

   Extortion
       Banks pay £ millions after threats to
        systems
   “denial of service" attacks
       Some cyber criminals have exploited
        file-sharing and popular WebPages
        to attack targets.
   Theft
       London police stop £220m robbery

                                                19
      denial of service" attacks
   :
   FBI Definition
   “the unlawful use of force or violence against
    persons or property to intimidate or coerce a
    government, the civilian population, or any
    segment thereof, in furtherance of political or
    social objectives… through the exploitation of
    systems deployed by the target.”

   Cyber terrorism is the transposition of terrorist
    activities to cyberspace. It consists of using
    computer technology or cyberspace to commit
    crimes that usually involve death, personal injury
    or injury to property in order to advance a political
    agenda.


                                                            20
      Cyber Weapons
   Viruses - code executes within host program
   Worms - Independent program
   Trojan Horses - code fragment that performs a
    disguised function
   Trap Doors - left by designers for later re-entry
   Logic bombs - Hidden function that becomes
    active when triggered




                                                        21
How Safe are our Systems?
   In USA, using hacker software that can be
    obtained via the internet, National
    Security Agency officials hacked into
    systems that would have allowed them to
    shut down the entire United States power
    grid and control elements of the U.S.
    Pacific Command.
   Only one of the several hacker test
    groups was even detected and most units
    avoided any attempts to trace them.

                                           22
What can YOU do?

   Computer professionals are the ‘front line’
   We build the systems - we need to do
    better.
   Computer professionals are also the main
    threat - need tougher professional codes?
   public and private sectors must be made
    aware of how much their lives depend on
    computers as well as the vulnerability of
    those computers.


                                             23
What else?

   Critical systems should be isolated
    from outside connection or
    protected by adequate firewalls,
   Best practices for password control
    and protection, and use protected
    action logs.
   Regular checks and auditing
   Reporting procedures - encourage
    staff to be pro-active not re-active.
                                        24
Software Theft




                 25
What is it

   The unauthorised duplication and/or
    use of computer software.
       means unauthorised use or illegal
        copying of computer software copying,
        either by commercial counterfeiting,
        deliberate and unauthorised copying by
        dealers, unlicensed copying and use by
        "end users" and plagiarism by
        competitors.


                                             26
Types of Software.
   CD-ROM Piracy

   Quasi-Counterfeits
       Scanned colour cover with laser printed labels.

   Hard Disk Loaders
   Dealers who load infringing versions of
    copyright programs to encourage
    customers into buying computer
    hardware.


                                                      27
   One Day/Car Boot Sales
   Peer to Peer / IRC




                             28
What is the legal basis for the court
action?


   The activities are unlicensed with the process
    giving rise to a number of infringing acts
    actionable as both civil infringements and criminal
    offences
   Communication to the public (contrary to Section
    20 of the Copyright, Designs and Patents Act
    1988 ('CDPA'))
   Copying (contrary to Section 16 CDPA)
   Criminal liability (under Section 107 CDPA)

    http://www.fast.org.uk/typesofsofttheft.asp




                                                     29
It is illegal to do the following
1.Copy or distribute software or its documentation
   without the permission or licence of the copyright
   owner.
2. Run purchased software on two or more computers
   at the same time unless the licence specifically
   allows it.
3. Knowingly or unknowingly allow, encourage or
   force employees to make or use illegal copies
   sources within the organisation.
4. Breach laws against unauthorised software copying
   because a manager, co-worker or friend compels or
   requests it.
5. Loan software in order that copy be made of it.


                                                    30
International Jurisdiction




                             31
International Jurisdiction
   Users of the Internet benefit from the
    network's ability to free them from
    geographic limits on what they can see,
    do, and experience online.
   Online activities that are socially
    acceptable and legally protected in one
    locale may not be in another, and each
    country's rules and norms are globally
    unique
   No single law defines what goes on the
    Internet
                                              32
   Laws are written for particular
    jurisdictions with clear geographic
    boundaries
   How does the law apply in
    cyberspace
       Trademark rights- In the physical world
        Lee’s Computer Services in Singapore
        would not have effects on Lee’s
        Computer Services in Honolulu
   In cyberspace the websites of the
    two companies would overlap so
    could become an issue
   http://www.out-law.com/page-3857         33
   Gambling provides another
    example.
       Do Hawaiian laws against gambling
        apply to a Nevada company with a
        gambling site on the web server
        located in Las Vegas????????




                                            34
Example Yahoo Case

   Groups File Brief in Support of
    Yahoo France Litigation
   French Court Rules in Favor of
    Yahoo in Internet Free Speech Case
   Members of Internet Industry File
    Brief Supporting Yahoo!




                                     35
Health and
&
Safety




             36
     General Duties of all Employees

   It is your duty to do the following
   To take reasonable care of your own
    and others’ health and safety, who may
    be affected by your acts at work;
   To assist fully with anyone who is
    responsible for carrying out duties
    regarding health and safety in order to
    help them carry out their tasks;

                                          37
General Duties of all Employees
   To not deliberately or irresponsibly
    interfere with, or misuse, anything
    provided for the purposes of health,
    safety;
   To observe the safety rules. Failure to
    comply with these rules could mean you
    are liable under the disciplinary
    procedures
   To be aware that it is a criminal offence to
    be in breach of the Health & Safety
    legislation and individuals may face a
    heavy fine or imprisonment.                38
    Litigation

   We live in an increasingly litigious
    society
       Cases increase every year
       Penalties are escalating
       No win no fee culture




                                           39
True or False ?
   Pregnant women shouldn’t work with
    VDUs
   If you use a computer, the boss has to
    pay for your glasses
   You are entitled to walk into personnel
    and demand to see your file
   If you trip over a cable and break a leg
    you can sue for compensation.
   RSI is caused by too much typing


                                               40
Answers….
   VDUs don’t affect pregnant women
   Only habitual users of computers are
    entitled to recover the cost of eye tests
    and ‘corrective appliances’
   You can ask to see your computer files,
    but you must give adequate notice (30
    days?)
   Not if the cable was there before and you
    did not report it – see Health and Safety
   More likely to be bad posture – but you
    are entitled to regular breaks.


                                            41
    A few basic legal concepts
   Criminal Law
       To protect public interest
          E.g.   Theft, murder, fraud .
       Involves prosecutions, fines, sentences to punish
        offenders
       Prosecutions brought by CPS
   Civil Law
       Governs disputes between individuals and
        organisations
          E.g.   Breach of Contract, Trespass, Libel
       Involves damages, compensation etc to
        compensate wronged parties
       Actions brought by wronged party               42
Statutes affecting the design and
use of systems

   Health & Safety at Work Acts 1974 & 1992
   Display Screen Equipment Regulations 1992
   Electricity at Work Act 1989
   Companies Act 1985
   Data Protection Act 1984, 1998
   Police and Criminal Evidence Act 1984
   Computer Misuse Act 1990
   Copyright, Designs and Patents Act 1988
   Human Rights Act 1998
   Interception of E Communications Act 2000
                                           43
Principles of Health and Safety at
Work Acts 1972, 1990
    Risk Assessment
    monitoring and review
    preventative and protective measures
    Appointment of competent health and
     safety officers
    Provide information, training and health
     surveillance where appropriate
    Require employees to guard their own
     and others’ safety and to report risks
                                            44
     The Health and Safety (Display Screen
     Equipment) Regs 1992
   Applies to employees who habitually use
    display screen equipment as a significant part
    of their normal work
   Work with such equipment can lead to
    muscular problems, eye fatigue and mental
    stress
   Under these regulations, the employer is
    required to:



                                                     45
   Analyse workstations to assess risks
   Ensure workstations meet minimum
    requirements, including the design of the
    screen, keyboard desk and chair
   Assess environmental factors: lighting,
    reflections and glare, noise, heat, humidity,
    space and radiation
   Provide information and training for display
    screen workers
   Plan work so that there are periodic breaks
    or changes of activity
   Pay for an appropriate eye sight test, and if
    necessary, for special corrective appliances
                                                46
Electricity at Work Act 1989

   Checking and maintenance of electrical
    equipment in factories and offices
   Need to record the results of checks (look for
    the labels on PCs)
    Particular problems in a computing
    environment: trailing cables and 4-way plugs
   PCs are often found with the wrong fuses,
    faulty wiring-up of the power plug, non-
    standard earthing points




                                                     47
Companies Act 1985

   Directors take steps to protect
    computer information from loss or
    inadvertent falsification
   Means must be provided to detect
    any falsification if it occurs
   In practice, the act requires proper
    auditing procedures



                                           48
Accessibility




                49
       What is accessibility?

   "The power of the Web is in its universality.
    Access by everyone regardless of disability is
    an essential aspect."
    -- Tim Berners-Lee, W3C Director and
    inventor of the World Wide Web
   For a website to be accessible, its content
    must be available to everyone, including
    people with disabilities.
   Type it in a web browser…you will see the
    results you get..
                                                     50
What is Accessibility?

   Accessible websites ensure:
       Smooth transformation: information
        and services should be accessible
        despite physical, sensory or cognitive
        user disabilities, work constraints or
        technological barriers
       Understandable and navigable
        content: content should be presented
        in a clear and simple manner, and
        should provide understandable
        mechanisms to navigate within and
        between pages.                         51
An accessible website:

   can be perceived
   can be navigated
   can be utilised (with keyboard or devices
    other than mice)
   can be easily understood (even in
    attention-poor situations)




                                                52
Why do it?

   A proportion of your audience is
    disabled
   That should be enough reason
    why….
   And if its not…it’s the law!




                                       53
The Law

   UK
       http://elj.warwick.ac.uk/jilt/01-2/sloan.html
       http://news.zdnet.co.uk/story/0,,t269-
        s2105208,00.html
       http://www.drc-gb.org/index.asp




                                                        54
BUT…

   Nine in ten of the UK's top
    companies are failing to make their
    Web sites accessible to people with
    disabilities.
   http://www.theregister.co.uk/2004/
    01/20/disabled_users_struggle_to_
    access/




                                      55
Tools
   Bobby -
    http://bobby.watchfire.com/bobby/html/e
    n/index.jsp
   Aprompt -
    http://aprompt.snow.utoronto.ca/
   Betsie -
    http://www.bbc.co.uk/education/betsie/
   Vischeck - http://www.vischeck.com/
   Free accessibility Test -
    http://www.usablenet.com/
   WAVE -
    http://wave.webaim.org/index.jsp

                                          56
   Companies providing services
    online are subject to new
    accessibility laws, following the
    publication of a Code of Practice




                                    57
Freedom of Information




                         58
          Freedom of Information Act
   The Freedom of Information Act gives
    everyone the right to access information
    held by the public sector.
   This includes
        Parliament, government departments, local
        assemblies, local authorities,
        health trusts, doctors’ surgeries,
       publicly funded museums and other
        organisations


                                                     59
The main features of the Act are
   a right of wide general access to
    information, subject to clearly defined
    exemptions and conditions
   a requirement to consider discretionary
    disclosure in the public interest even
    when an exemption applies
   a duty to publish information
   powers of enforcement through an
    independent Information Commissioner
    and an Information Tribunal



                                              60

				
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