Computer Related Law

What is a law?

What is a law?

A set of rules about behaviour and activity

It sets out what citizens can and cannot do in certain circumstances, and what they can and cannot do.

What is the computer misuse act 1999?

It is intended to address offences that we might broadly call ‘hacking’ or ‘cyber-crime’.

It aims to protect computer users against deliberate attacks on computer systems/ networks, and from theft of information.

What are the 3 areas the Computer Misuse act, 1990 covers?

1)Unauthorised access of computer material

2) Unauthorised access with intent to commit further offenses

3) Unauthorised modification of computer material

What is unauthorised access to computer material?

The general term ‘hacking’ means accessing a computer or network without permission. This is an offence

It is still an offence to attempt to gain access to a system you know is secured and to which you have no right of access. It is not necessary to succeed in access to still be guilty of an offence.

What is unauthorised access with intent to commit further offences?

-It is even more serious if it can be proved that you intended to gain access in order to commit a crime.

For example:

• To steal information with which to commit fraud or blackmail

• To damage a system or the data on it in order to harm the organisation who owns the system

• To plant any sort of malicious software on the system.

Again whether or not you are successful in your intention is irrelevant

What is unauthorised modification of computer material?

It is an offence to:

• Impair the operation of a system

• prevent or hinder access to any program or data held in any computer

• Impair the operation of any system or the reliability of the data it uses

What are examples of offences which fit into the unauthorised modification of computer material in the computer misuse act

-deleting or changing any data on the system

-altering the configuration of server or router

-installing any malicious software. In fact, in fact supplying someone with malicious software that they intended to use is also an offence

What are the punishment if convicted under the misuse act?

• an unlimited fine or

• a prison sentence of up to life or

• both

What does the data protection act aim to do?

to address offences relating to breaches of data security

-it sets out the responsibilities of those who have sensitive data on their systems

-it sets out punishments for those who fail to keep data secure

What are the 2 broad areas of the data protection act divided into?

1) Rights of individuals about which data is held and what they can do regarding data held about them

2) The responsibilities if the data-keepers and data users

What is DGR?

The DPR received a major update in 2018.

The new regulations take into account technologies and crimes that simply don’t exist in 1998

What are the 8 principles the Protection of Data act held must abide by?

• accurate

• adequate, relevant and not excessive

• not kept for longer than is necessary

• processes (ie used) only for limited purpose

• fairly and lawfully processed

• processed in line with your rights

• kept secure

• not shared with organisations outside Europe

What is a data subject?

A person who, any data is kept

What are the rights of a data subject?

-To know the data is held abut them on a particular computer system

-To know the purpose(s) for which the data is being used (‘processed’)

-To know who is going to be able to see the data

-To be ale to get a copy of data if they wish and to have it changed if it is incorrect

What is a Subject Access Request(SAR)?

Any data subject can make a formal request to see all the data about them that an organisation has stored on their system.

What are the rights of a Subject Access Request (SAR)?

-in most cases, they can only charge a small free to deal with a request (£10)

-the organisation must respond within one month of the request

-it should provide the information in concise and easily understood format

-the information should be disclosed securely

What is a data controller?

A person in charge of data in an organisation that has data on any living persons is referred to as the ‘data controller

What are the responsibilities of a data controller

They sure unsure:

-that the requirements of the Acts are followed in that organisation

that registration of the organisations data holder with the Government’s Information Commissioner., and obtain permission to keep that personal data

-specify what data needs to be kept, the purpose it will be used for and who will have access to it

What are the exceptions to the DPA?

-National Security e.g data used to fight terrorism

-Crime and Taxation e.g data used by the Police and their organisations to fight crime

-Domestic purposes e.g personal data used for family or household reasons

What are the punishments for data breaches?

-for serious breaches of data, up to £17.5 million or 4% of the company’s annual worldwide turnover (which is higher)

AND

-an individual who suffers any loss due to how an organisation used its data, or through data loss, can be entitled to compensation

What does the Freedom of Information Act give members of the public rights to do?

-it gives members of the public the right to scrutinise the operations of public bodies

-these are required to be open and visible about the work they do and also about how they spend their money doing it

What does the Freedom of Information Act state?

Public bodies must regularly publish certain information.

It also gives members of the public the right to request information that is held by public bodies

Under the FIA what are organisations required to do in the Freedom of Information Act?

-reply to any reasonable requests for information about their work

Who does the FIA apply to ?

-Public bodies such as Government departments, local councils, state schools, NHS ect

-The FIA does not apply to commercial, private companies

What is the copy right, design and patents act?

It protects the right of the creator of any ‘artistic’ work and ensures they (and others) can benefit from the work they have created.

The act also protects the inventor of a newly invented device or machine or manufacturing processes

What does artistic work include?

Photos,

musical composition,

sculptures,

paintings and drawings

writing

films

computer software

Why is the Copyright law in place?

So that the person who creates or invents something can benefit from it. Other do not have the right to copy their idea, and they should not benefit form using it or copying it.

If someone has created or invented something, they should be the one who is recognised as the creator/ inventor, nobody else should get the credit

What is intellectual property

Creators and inventor have Intellectual Property Right.

They should get to control what happens to their creations (their intellectual property) and they should benefit from them

The copyright, design and patents act is about protecting creator intellectual property

What does copy right mean?

Copyright is the legal right that protects the use of your work once your idea has been physically expressed. ie written/ built, made into a film or audio recording or computer software (including games)

What are the 3 exclusive rights copyright gives ?

-Be known as the ‘maker’ of that work

-to benefit from that work

-to sell, reproduce, publish, perform, film or record, or sell merchandise related to that work

What are Patents?

A patent is used to protect ownership of an invention or new process.

This can stop rivals from copying the ideas for a set number of years

When can a patent only be granted?

for a new creation

new manufacturing process

Does the copy right design and patents act cover software and video games?

Yes

What are some illegal activities which are covered by the copyright design and patents act regarding software and video games

illegal activities covered by the act include:

making unauthorised copies of software

-running multiple copies of software when one license has been purchased

-supplying, lending or selling prated (illegal copied) software to to other people

Does the copyright design and patents act cover digital content?

Yes,

You should not make copies of any material you do not hold copyright to

What is proprietary software

is commonly known for as off-the-shelf software. You buy it as it is like a real-world product.

You pay for the product (if you don’t you are using illegal copies)

What is a licensed copy?

When a software product has been correctly paid for

a software license is normally a ‘single use’ licence - it is for one person to use on one computer

What is freeware?

some software and games made available for free

What is an example of freeware?

adobe reader

What is open source software?

A third category of software and games are ones released as Open Source Software.

Like freeware the creators of the software have decided not to profit from the software, but give it away. BUT in addition they make freely available the source code of the software.

What is open source software?

PHP (a programming language) and MySQL (a database) and used by many large organisation including Twitter, the BBC, Pinterest, NASA and LastMinute.com

-Python is open source, and is used by many software development companies

-Linux, a very widespread operation system, is open source