Lecture5 - TEL2813/IS2820 Security Management Legal Ethical...

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TEL2813/IS2820 Security Management Legal & Ethical Issues April 14, 2006
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Laws and Security Federal and state laws affect privacy and secrecy Rights of individuals to keep information private Laws regulate the use, development and ownership of data and programs Patent laws, trade secrets Laws affect actions that can be taken to protect secrecy, integrity and availability
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Copyrights Designed to protect expression of ideas Gives an author exclusive rights to make copies of the expression and sell them to public Intellectual property (copyright law of 1978) Copyright must apply to an original work It must be done in a tangible medium of expression Originality of work Ideas may be public domain Copyrighted object is subjected to fair use
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Copyright infringement Involves copying Not independent work Two people can have copyright for identically the same thing Copyrights for computer programs Copyright law was amended in 1980 to include explicit definition of software Program code is protected not the algorithm Controls rights to copy and distribute
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Patent Protects innovations Applies to results of science, technology and engineering Protects new innovations Device or process to carry out an idea, not idea itself Excludes newly discovered laws of nature 2+2 = 4
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Patent Requirements of novelty If two build the same innovations, patent is granted to the first inventor, regardless of who filed first Invention should be truly novel and unique Object patented must be non-obvious Patent Office registers patents Even if someone independently invents the same thing, without knowledge of the existing patent Patent on computer objects PO has not encouraged patents for software – as they are seen as representation of an algorithm
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Trade Secret Information must be kept secret If someone discovers the secret independently, then there is no infringement – trade secret rights are gone Reverse-engineering can be used to attack trade secrets Computer trade secret Design idea kept secret Executable distributed but program design remain hidden
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Comparison Copyright Patent Trade secret Protects Expression of idea Invention Secret information Object made public Yes: intention is to promote Design filed at patent office No Requirement to distribute Yes No No Ease of filing Very easy, do-it- yourself Very complicated; specialist lawyer suggested No filing Duration Life of human originator or 75 years of company 19 years Indefinite Legal protection Sue if copy sold Sue if invention copied Sue if secret improperly obtained Examples Object code, documentation Hardware Source code
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Employee and Employer Rights Employees generate idea and products Ownership is an issue in computer security Rights of employer to protect the works of employees Ownership of products Eve writes programs at night and sells it herself
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