Chapter 4 - Laws, Regulations, and Compliance Flashcards
(39 cards)
What are the categories of law
Criminal law - laws that police and law enforcement concern them with and threaten other people’s rights
Civil law - designed to provide an orderly society and govern matters that are not crimes but that require an impartial arbiter to settle between individuals and organizations.
Administrative law - executive orders, policies, procedures, regulations, that govern daily operations of the agency.
Where are Administrative laws published?
Code of Federal Regulations (CFR)
What is the CFAA
Computer Fraud and Abuse Act
crime to:
Access govt systems without authorization
Cause malicious damage in excess of $1000
MOdify med records
Any financial systems
Any combination of computers used to commit offense when not all located in the same state
An ammendment to what act made it illegal to produce malicious code for any reason?
CFAA - Computer Fraud and Abuse Act
What was the purpose of the National Information Infrastructure Protection Act of 1996
Broadens the CFAA to cover computer systems used in international commerce in addition to systems used in interstate commerce.
Extends similar protections to critical infrastructure (railroads, gas pipelines, electric power grids, and telecom systems)
What law requires that federal agencies implement an information security program that covers the agency’s operations?
FISMA - Federal Information Security Management Act
In 2014 President Obama signed into law - modernization of federal government approach to cyber security. Consolidated Cyber security with the Homeland security.
FISMA - Federal Information Systems Modernization Act
What are the two exceptions to the FISMA consolidation of cybersecurity within DHS?
Defense related cyber - DoD
Intelligence related cyber - DNI
A law that charges NIST with the responsibility for coordinating nationwide work on voluntary cybersecurity standards.
Cybersecurity Enhancement Act
Law charging homeland security with establishing a national cybersecurity and communications ntegration center that serves as the interface between federal agencies and civilian orgs for sharing cybersecurity risks, incidents, analysis, and warnings.
National Cybersecurity Protection Act
Intangible assets that take the form of secretive recipes, processes, or production techniques
Intellectual Property
Original works of authorship can be protected by?
Copyright Law Literary music drama sound records architectural graphical
Can copyright protect software such as the look and feel of a graphical interface and/or the ideas and processes?
The courts have gone both ways on the look and feel and ideas and processes are not protected - only the source code.
Do you need to go through copyright court to prove copyright status?
No - original creators have copyright as long as they can prove they were the author.
Law was created to penalize copyright offenders through pirated media.
Digital Millenium Copyright Act
$1 MM fine
10 years prisonment
Protection mechanism for words, slogans, mottos, logos
Trademark
Three requirements of a utility patent
New - original idea
Useful - actually work and accomplish a task
Not obvious - can’t patent a drinking cup as a rainwater collection device
Difference between design and utility patent
A design patent only protects something for 15 years vice 20 years
Design patent only covers the appearance of the invention
Easier to obtain design patent
What are the benefits and disadvantages of a trade secret
Do not expire
No public disclosure required
Must create and maintain NDA and access policies that sufficiently demonstrate it is a trade secret. (failure to do so results in loss of trade secret status).
What law governs protects trade secrets from theft.
Economic Espionage Act of 1996
Anyone found guilty of stealing trade secrets from a US corporation with the intention of benefiting a foreign government or agency may be fined up to 500k and imprisonment for 15 years
Anyone found guilty if stealing trade secrets under other circumstances may be fined up to 250k and imprisonment for ten years.
Written agreement between the software vendor and the customer, outlining the responsibilities of each.
Contractual license agreement
usually found on high-priced and/or highly specialized software
Written agreement on the outside of software packaging that includes a clause that user acknowledges agreement by opening package.
Shrink wrap license agreement
Agreement terms are included in software documentation and user is required to click a button acknowledging that they agree to the terms of the agreement.
Click through license agreement
Law governing import/export that controls the export of items that specifically designated as military and defense items, including technical information related to those items.
International Traffic in Arms Regulations (ITAR)
