Different Legislations (1.5.1 Legal Impacts)

Question 1

What are the 8 principles of the Data Protection Act? (BONUS: What is their purpose)

(If not all, aim for at least 5)

Answer 1

• Data is not stored longer than need be (so that customers can leave an organisation)
• Data must not be given to other countries that do not offer the same level of protection (Countries outside the EU do not offer the DPA)
• Data must be adequate, relevant and not excessive for the use (Irrelevant mustn’t be stored)
• Data must be kept safe and secure
• Data should only be kept according to the rights of the data subject
• Data must be processed in a fair and lawful way (to not contradict customer rights)
• Data must only be used for the stated purpose (to discourage junk mail)
• Data must be kept accurate and up-to-date (so that users aren’t wrongly accused for old/erroneous data)

Question 2

What is the Data Protection Act? What does it do?

Answer 2

A legislation defining what an organisation can do with the data of its users.
Defines the rights individuals over the data stored regarding them.

Question 3

What is the Computer Misuse Act?

Answer 3

A Legislation geared towards the prevention of hacking and cyber crimes

Question 4

When was the Computer Misuse Act implemented?

Answer 4

1990

Question 5

What 3 offences does the Computer Misuse Act tackle?

Answer 5

• Unauthorised access with the intent of further cyber-attacks/implementing malware
• Unauthorised modification of Software
• Unauthorised access to a computer system/its contents
• Making, supplying or obtaining tools used to commit computer misuse offences

Question 6

When was the Copyright Designs and Patent Act introduced?

Answer 6

1988

Question 7

Employing copyright, it becomes illegal to:

Answer 7

• Make copies of copyrighted material
• Share copyrighted material
• Use unlicensed software
• Plagiarise someone’s work

Question 8

What does the Copyright Designs and Patent Act do?

Answer 8

Protects the use of a producer’s intellectual property. Copyright automatically applies to any original creative work physically expressed – it does not have to be registered.

Question 9

What is the application of a patent? (What is a patent more geared towards?)

Answer 9

Protecting the rights of an invention. They are more geared towards ideas/concepts rather than a physical expression.

Question 10

Do patents apply only to hardware, software, or both?

Answer 10

Both

Question 11

Why is the Copyright Designs and Patent Act not always effective?

Answer 11

The constantly evolving nature of the internet has found work-arounds to this legislation.

Question 12

What are the work-arounds to the Copyright Designs and Patent Act?

Answer 12

• File sharing is very easy today, especially seen in Peer-to-Peer networks.
• Digital representation of text, video, images and audio allow for perfect copies to be made
• There is uncertainty on whether or not websites hosts are responsible for the illegal activity

Question 13

What is Creative Commons (CC)

Answer 13

A licensing framework aimed at preventing work-arounds to the CDPA, preventing unauthorised distribution of Copyrighted material.

Question 14

What are the 4 types of CC licenses?

Answer 14

CC Attribution
CC Share-alike
CC Non-commercial
CC No-derivatives

Question 15

What is CC Attribution?

Answer 15

Work can be shared, edited and copied so long as the original creator is credited

Question 16

What is CC Share-alike?

Answer 16

Work can be shared under the same license terms as the original

Question 17

What is CC non-commercial?

Answer 17

Work can be shared explicitly to no profit

Question 18

What is CC No-derivative?

Answer 18

Work can be shared but not modified.

Question 19

What are some examples of sites exhibiting a lot of Creative Commons?

Answer 19

• YouTube
• Google Images
• Soundcloud

Question 20

When was the Regulation of Investigatory Powers Act enacted?

Answer 20

2000

Question 21

What does the RIPA do and why was it enacted?

Answer 21

Allows for organisations to see communicated data among internet users. It was implemented to combat increasingly complex encryption programs

Question 22

What does RIPA stand for?

Answer 22

Regulation of Investigatory Powers Acts

Question 23

The RIPA allows government bodies and crime agencies to:

Answer 23

• Require an Internet Service Provider (ISP) to gain access to an internet user’s communications
• Require an Internet Service Provider as means to fit surveillance equipment
• Monitor individual’s use
• Demand that internet users reveal encryption keys

Question 24

Why is intercepted data never revealed in court?

Answer 24

So as to keep the methods used by the organisations hidden. This is thank to the Regulation of Investigatory Powers Act

Question 25

What are the rights of the data subject?

Answer 25

Subject access

Correction

Prevent distress

Prevent direct marketing

Prevent automatic decisions

Complaint to the Information Commissioner

Compensation

Question 26

The 4 clauses of the Computer Misuse Act cover what threats?

Answer 26

• Hacking
• Fraud
• Blackmail
• Malware

Question 27

Drawbacks of RIPA

Answer 27

Invasion of privacy

Freedom of speech harshened

Unnecessary censorship

Improper use of the RIPA