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Cyber Space Law for Non-Lawyers

Page history last edited by PBworks 16 years ago


David Lemuel E. Garcia                                                 IT-ETHICS


10564721             BS-IM



CyberSpace Law for Non-Lawyers




1.       By doing something that implicates copyright law like buying software and e-mailing it to five people, is it already fully illegal?


- No it’s not. The vagueness of copyright in cyberspace is distorted in a way that you can’t really trace exactly and pinpoint that what you are doing might be against the law of copyright.



2.       How do you obtain a copyright?


- the mere fact that you write down something from your own thoughts and that it’s not extremely short and that it’s purely from you then a copyright was then applied to that writing.



3.       Why does the copyright owner allow copying of their work in cyberspace?


- Others allow their work to be copied because of FAIR USES and the IMPLIED LICENSES that your work can be copied for fair usage.



4.       How can you say that a copyrighted work is being copied?


- If it covers copies of less than the whole thing. Paraphrases are taken (too close to be the same). Manual and mechanical copies are included.



5.       If you copy FACTS from someone else’s work, is it considered copying for copyright purposes? Why?


- No. Because facts that are being posted by some discoverer was originally for the public thus making it available for everyone and no one is accountable for having that information to be copying something from a copyrighted work.



6.       What is an IMPLIED LICENSE?


- it is a license bundled with your work that gives other people the right to access your data and for them to have a license to quote your work.



7.       If most of your answers on the given questions is YES, does that mean that your usage of a certain copy legal? Why YES/NO?


- No. It still depends on how you use the copy that you gathered. If it is of fair usage then it would be legal but if not, it’ll be the other way around.



8.       Give a certain situation that gives the use of a certain copy a FAIR use and explain.


- If you use the copy for systematic news reporting, critical commentary, or parody, that would be a fair usage on your side because you won’t be using it for claiming the work as your own.



9.       What is the threat that can be imposed by the NONCOMMERCIAL copying?


- It can be done in a widespread manner thus giving threats to advertising revenues and other profit commercial oriented things.


10.   Choose one of the five situations then explain your own view.


- you key in an article from a paper magazine that doesn’t have a website and post it to a news group. I would say that it won’t be that unfair because I was helping that company to have their article be posted on the net but that is if I placed my reference with it. It would be unfair if I claim it to be mine.



11.   Who is the one that should be liable in infringement if someone posted a copyrighted item in a site and it was being sued by the original author for having an illegal post on their site? Why?


- The one who posted should be liable but then the site would also be liable because the service that they provide would be the reason why that kind of infringement was being done.



12.   What are the two kinds of privacy?


- Informational Privacy and the second privacy was not named but then it was the type of privacy that we can say to be personal like the letters that you wrote for a certain person, the amount of money on your wallet and other things.



13.   Do you have a proper control over your informational privacy? Defend your answer.


- Not that much. Most of our information we’re given to our schools, company, and other firms that has the power to look over that information and make use of.



14.   What would be your stand on the 2nd case? Give some insights.


- it would be a good way to discover who are the pornography users but then taking into consideration the privacy of those users, they shouldn’t have posted the names of those people in the net, an individual e-mail would do to notify the people that they should not access those sites so that their privacy won’t be trampled.



15.   Wire-tapping, is it right or wrong? Why?


- Wrong. The right of the person to talk to a peer privately should be respected and should never be done not unless there is a proof that they should tap because of criminal-acts and they need to take action.



16.   “Reasonableness was to be an objective test”, do you agree? Why?


-Yes.  Because there will always be a reason why a certain action was done that’s why reasonableness should be taken into consideration.



17.   Do you believe that you’ve already given out to public the number that you dialed on your phone therefore anyone who wants to use it can use it?


- No! The telephone company has the obligation to protect that information and not give it out to anyone who wants to access that information.



18.   Is interception ethical in its use? Why?


- No if it was used to just know certain information without the right usage of the information but yes it is if it was used for the betterment of the society like criminal-act based actions.





19.   Should every message sent be intercepted? Why?


- If it would be for anti-spam and other protection reasons, yes, it should be.



20.   Are you doing an illegal act if you access an unauthorized accessing item even without doing any harm?


- Yes. Because the fact that you entered in an unauthorized area means that you violated a law but for some weird reason, it was accidental, you might get away from the harm of illegal action.



21.   How can encryption affect the society? Is it for the good or bad?


- Encryption can be used for the bad or the good. It will only depend on the user of the encryption system. Other criminal-actions can be done through this technology but it can also be controlled by having the right security measures needed.



22.   What is the difference of Anonymity and Pseudonymity?


- Pseudonymity means that you have an identity on the net without using your real name and the people know that pseudonym with its own identity and thinking and not the real you. Anonymity on the other hand is being an unknown person that shares something like information and it isn’t associated with any character of its own.



23.   Should anonymity be banned or not? Explain you side.


- No. Because other people just don’t really want their identity to be known therefore they make themselves anonymous so that their identity can be protected.




Who is Lawrence Lessig?



- Lawrence Lessig is a prominent figure in the field of cyber law. He is a professor of law at Stanford Law School and he is also the founder and one of its co-directors of the school’s Center for Internet and Society. He is the originator as well as the CEO of the Creative Commons and a board member of the Electronic Frontier Foundation and the Software Freedom Law Center. One of Lessig’s expertises is Intellectual Property which includes patents, trademarks and copyright.


What is Creative Commons?



- Creative Commons is a non-profit organization which is available for people to legally reuse or share the work of others. The Creative Commons can be used to change copyright terms making only certain rights restricted.


Who is Bruce Schneier?



- Bruce Schneier is a well renowned security technologist and author concerning computer security and cryptography. Schneier is the Founder and the Chief Technical Officer of BT Counterpane formerly known as Counterpane Internet Security, Inc., which is known as the world’s leading protector of network information.




What is the Advanced Encryption Standard?



- The AES also known as Rijndael is a block cipher adopted as an encryption algorithm used for securing sensitive but unspecified material by the U.S. Government agencies.


What is PGP?



- PGP also known as Pretty Good Privacy was originally created by Philip Zimmerman in 1991. The program is frequently used for signing, encrypting and decrypting e-mails to increase consistency for e-mail communications. Basically PGP is a computer program with the intent to provide cryptographic privacy and authentication.


Who is Phil Zimmerman?



- Philip R. Zimmermann is the creator of PGP. He is also a member at the Stanford Law School’s Center for the Internet and Society. Zimmerman was a primary designer of the cryptographic key agreement protocol for the Wireless USB standard.  His most recent development is the Zfone, which basically gives secure telephony for the internet.


Cryptogram news letter



                - Should we consider security as something that outweighs privacy in order for it to take advantage over it? Explain your answer.


No. Considering these two things, they aren’t like a seesaw wherein you outweigh the other one to compensate the other side; there should be a distinction and a balance between the two of them. It’s the same as having an alarm system on your home while maintaining a high fence with pointed tips; sure it looks like a paranoia but then it was both for your privacy and security.






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