Cybersecurity Laws & Intellectual Property(c)
docx
keyboard_arrow_up
School
Grand Canyon University *
*We aren’t endorsed by this school
Course
220
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
7
Uploaded by PrivateMorningKouprey27
Name: Course: CYB-220
Date: 2021
Cybersecurity Laws & Intellectual Property We think about the digital age and how it started and the huge splash the Internet created. I think most people will think about things like AOL messenger and myspace. How all of a sudden you could just click a button and communicate and interact with hundreds if not thousands of people unlike never before.
However because of the new surge of groups of like minded people coming in touch with each other, It gave rise to a lot of problems that came from data sharing and intellectual property disputes, some would argue that if you are posting ideas or if you see an idea online then you have the right to claim it as your own or use it as you please because it is now public knowledge. So the question becomes what needs intellectual property laws to protect it according to Brewerlong.com there are 4
types of intellectual property, Trade Secrets this is private information that gives a company an advantage over its competitors and other companies an example would be like the secret formula of a ‘krabby patty’ from the popular nickelodeon show ,if that formula got leaked then the ‘Chum bucket’ the rival restaurant would be able to make the same burgers and that would be detrimental to the ‘krabby patty’ because then they would have a loss of revenue, “When a person or business holds a trade secret protection, others cannot copy or steal the idea.”(Brewer) also one must act as if that information is secret to receive any sort of protection from courts according to (“UTSA”) which stands for the Uniform Trade Secrets Act. The second type of
intellectual property is Patents this would be the protection of an invention so no one can recreate or distribute said creation an example would be if you created ‘Invisible Ink’ then you would apply for a patent , “A patent is a granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention”.
(Patent faqs). The Third is Copyrights that is something that is used to protect you original work so when you create a song so once it's made then it belongs to you but to file a copyright strike or claim you need to go and register you work even though it is automatic, “A copyright is a type of intellectual property protection that protects original works of authorship
,”(Brewer). The fourth is Trademarks this type of intellectual property they protect slogans and catchphrases like McDonalds , ‘I'm lovin it’ when you hear that catchphrase you instantly think McDonalds so you wouldn't want another company going and using your slogan now splitting what comes to mind when someone says that specific phrase. This also applies to symbols or gestures, “Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of one party from another. ”(Brewer). When thinking about all this we generally think who is actually in charge of enforcing these rules and other online related crimes, because if someone is in another country doing things that flow over to the United States then do they get punished ? the answer is yes example is United States v. Ivanov this case involves a man who was engaged in scams and other online illegal activities he was based in russia and argued that the US had no jurisdiction for his crimes but was surprised to find that it did not matter because the crimes were committed against people in the US and the Department of justice applied for extradition for him to be brought to the us to face trials for his crimes. The FTC has also been working on laws and regulation that should be followed in the cyber space and they a quick to enforce laws and
regulations like the Department of defence and Homeland Security offenders of cyber law usually face jail time ranginging from 1 - 25 years and sometimes a ban on
using the internet which is not often seen but is possible, “Federal sentencing guidelines recommend a prison sentence of up to 20 years for those convicted of cyber crime offenses. If the offense results in the death of another person, then a defendant convicted of the crime could be sentenced to life in prison. ”(
Federal Cyber Crime
) , where in first offenders will receive a 1-10 year range depending on the crime committed all cyber related charges are always taken seriously especially in a time where we do not kno what is to come from cyberspace. Another reason as to why the charges are so high is because when someone hacks into your computer they are now encroaching peoples right to privacy and that is in line with people Basic Human right that they should be provided. The problem with Cyber laws brings
in the notion that everyone can be sued for everything looking at Universal City Studios, Inc. v. Corley, 273 F. 3d 429 (2d Cir. 2001) 3 people were sued by universal for creating a script/program that could reverse engineer a dvd causing you to beagle to copy whatever movie or program that was on that DVD the problem with this is that all of it was copyrighted and so anything on the DVD was protected and the creators of this code where sued for creating this to pirate copyrighted movies , they argued the opposite because they had posted the code online for free the court the ruled that the code is an expression of free speech and inline with their first amendment rights. I think they made the right choice because when we look at companies like John Deere who do not allow you to look into the source code of your
Tractor that you own to do maintenance on your vehicle,it creates a space where companies would basically use the defence of copy right to control what we can and cannot with what we own we would lose the ability to innovate and look at
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
improvements because we have been restricted i think that is what they were trying to prevent. However When looking at things like The AllWritesAct again I think that it could be implemented into a new law so that things can be made more clear because looking at the apple and All Writs Act I dont think that the government should be able to force a company or anyone to comply I think a new law should be created that will circumvent the need to rely on this Law especially in the cyber realm
where everything is new and should not be held to a law created over 100 years ago,
many companies will not comply with this act that is another reason just like apple they will ignore the jurisdiction awarded by this act however creating a foundation of new laws off this could be something different because we now have or to go off on how this digital space works. -1166 words
Work cited Brewer, T. (2020, December 04). What are the 4 types of intellectual property rights? Retrieved April 06, 2021, from https://brewerlong.com/information/business-
law/four-types-of-intellectual-property/
Patent faqs. (2020, May 08). Retrieved April 06, 2021, from https://www.uspto.gov/help/patent-help#type-browse-faqs_1930
Federal Cyber Crime | Cyber Crime Lawyer | 802–444-4357
. (2020, June 5). Brandon Sample Attorney. https://brandonsample.com/federal-cyber-crimes/#:
%7E:text=Federal%20sentencing%20guidelines
%20recommend%20a,sentenced%20to%20life%20in
%20prison.
https://en.wikipedia.org/wiki/United_States_v._Ivanov#cite_note-usvivanov-1
Nelson, O. (2021, February 18). Cybersecurity Laws – A Complete Overview
. CyberExperts.Com. https://cyberexperts.com/cybersecurity-laws/#:
%7E:text=Ways%20in%20which%20cybersecurity%20laws
%20are%20enforced,-The%20United%20States&text=At
%20the%20national%20or%20federal,and%20deceptive
%20acts%20or%20practices%E2%80%9D.
https://www.youtube.com/watch?v=TwZxNnqSF-
I&t=14s&ab_channel=TheFederalistSociety
Universal City Studios v. Corley | The IT Law Wiki | Fandom
. (2020). The IT Law Wiki. https://itlaw.wikia.org/wiki/Universal_City_Studios_v._Corley
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help