RUNNING HEAD: Computer law
Edward A Celaya
September 5, 2012
In the world of Information Technology the one thing that is king above all others should be the security of the device or network a person is on because if they feel that they can’t trust the network or device it is more than likely not going to be used. And even with cultural and corporate interests abound it is clear that intellectual property needs to be protected in order to insure a safe and secure computer experience.
In the world of Information Technology the one thing that is king above all others should be the security of the device or network a person is on because if they feel that they can’t trust the network or device it is more than likely not going to be used. We live in a world that is consistently changing and so are the criminals, so therefore the justice system must change along with it to make sure it can counter anything that does arise. Also in this world beyond just the laws that are put into place there can be ethical boundaries that are also put into place that aren’t actually law but shouldn’t have to be because it should just be common knowledge. Laws
Historically, the United States has been a leader in the development and implementation of information security legislation to prevent misuse and exploitation of information and information technology (PIS 1). This right here already goes to show that laws are based in the culture of the country someone is in and why laws can’t always cross borders like ethics can. But in the U.S. there are numerous amounts of laws that have been put into place in order to make sure that any person in America is safe and secure knowing that there are certain steps that have been put into place to protect them. The most important one that most remember and is affected by is HIPAA, this is a law that protections a person medical information from being shared with anyone what so ever no excuses unless the patient is aware and has given consent. And with the American Recovery and Reinvestment Act of2009 (ARRA) the HIPAA Act has been given even more teeth because it now also broadens the scope of HIPAA and gives HIPAA investigators direct, monetary incentives to pursue violators. And with the ARRA it also broadens the scope of HIPAA to cover all business associates of Health Care Organizations (HCOs) (PIS 2). Now the laws on computers aren’t limited to just the states there has been a push on the international scene to get with the program and make some computer issues borderless. So the Council of Europe adopted the Convention on Cybercrime in 2001. It created an international task force to oversee a range of security functions associated with Internet activities for standardized technology laws across international borders. It also attempts to improve the effectiveness of international investigations into breaches of technology law (PIS 3). But in all honesty even with the attempts on the global scale the Convention on Cybercrime lacks any realistic provisions for enforcement. The overall goal of the convention is to simplify the acquisition of information for law enforcement agencies in certain types of international crimes (PIS 4). So mainly the global arena has made it easier to co-operate but not crack down. Ethics
So that brings us into the world of Ethics, because ethics are even more cultural based the borders that are torn down are usually with people that already have the same laws in place. When it comes to ethics the best list that covers most peoples desires are: 1. Thou shalt not use a computer to harm other people.
2. Thou shalt not interfere with other people’s computer work. 3. Thou shalt not snoop around in other people’s computer files. 4. Thou shalt not use a computer to steal.
5. Thou shalt not use a computer to bear false witness.
6. Thou shalt not copy or use proprietary software for which you have...
References: Whitman, M. E., & Mattord, H. J. (2012). Principles of Information Security (4th ed.). Boston, MA: Course Technology (Cengage Learning). ISBN13: 978-1-1111-3821-9
THOMSON, K-L. (2003) Integrating Information Security into Corporate Culture PORT ELIZABETH TECHNIKON Retrieved on September 5, 2012 from http://nmmu.ac.za/documents/theses/ThomsonKL.pdf
Koltun, P. (2012) Computers and the Law Sangamon State University Springfield, Illinois. Retrieved on September 5, 2012 from http://delivery.acm.org/10.1145/810000/809591/p236-koltun.pdf?ip=22.214.171.124&acc=ACTIVE%20SERVICE&CFID=111929651&CFTOKEN=95709402&__acm__=1346893833_fc4e998f7206f3087f0aef85813bb483
(2012) Intellectual Property Law: Patents, Trademarks and Copyright AllLaw.com Retrieved.
on September 5, 2012 from http://www.alllaw.com/topics/intellectual_property
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