Lab_02_Intro_to_NZ_Law_2013 Flashcards Preview

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Flashcards in Lab_02_Intro_to_NZ_Law_2013 Deck (60):
1

Main laws that affect computer and Internet Use are...?

- NZ Crimes Act 1961
- NZ Crimes Amendment Act 2003
- Films, Videos and Publications Classification Amendment Act 2005
- NZ Copyright Act 1994

2

Offences under the Crimes Act 1961:
Interception...?

It is an offence to listen, record or disclose private communications between two or more people without authority.  “Private Communications” are confined to oral communications.

3

Offences under the Crimes Act 1961:
Obtaining by false pretences...?

It is an offence where a person intends to defraud or cause loss by causing another person to execute any valuable security or document on a false pretence.

4

Offences under the Crimes Act 1961:
Obtaining credit by fraud...?

It is an offence to obtain credit by fraud.

5

Offences under the Crimes Act 1961:
Impersonation...?

It is an offence where a person represents himself to be someone they are not with intent to obtain property or benefit.

6

Offences under the Crimes Act 1961:
Forgery...?

It is an offence to make or use a false document with intent that it be used as genuine

7

Offenses under the Crimes Act 1961:
Altering or reproducing a document...?

It is an offence to alter/reproduce a document with intent to defraud to obtain money or some benefit.

8

Offenses under the Crimes Act 1961:
Using a document with intent to defraud...?

It is an offence to use a document with intent to defraud to obtain money or some benefit.

9

Offenses under the Crimes Act 1961:
Conspiracy to defraud...?

It is an offence to conspire with any other person to defraud the public to affect market price of stocks, shares or anything else publicly sold.

10

Other laws that affect comp[uter and Internet Use are...?

- NZ Privacy Act 1993: Protects personal information
- Consumer Guarantees Act: Goods and Services
- Human Rights Act: Prevents discrimination
- Patents Act 1953: Protects inventions
- Trade Marks Act 2002: Protects signs and symbols
- NB: Sales between private individuals are not covered by the Consumer Guarantees Act or the Fair Trading Act.

11

NZ Crimes Act 1961 controls some computer activity, like...?

- Wilful damage (max. 5years prison)
- E.g. sending a user a virus or trojan horse program
- Reproducing a document with intent to defraud (max. 5years prison)
- E.g. copying files, passwords, info. from another computer
- For NZ Case example see: http://www.netsafe.org.nz/criminal/criminal_case1.aspx

12

Offences under the NZ Crimes Amendment Act 2003:
Legal access...?

Section 249 of the amended Crimes Act makes it illegal to access a computer system for a dishonest purpose.
It is worth noting that if someone accesses a system, for example during the course of their employment, and believes that they are entitled or authorised to obtain a benefit, then to do so may not breach section 249.

13

Offences under the NZ Crimes Amendment Act 2003:
Unauthorised use of data...?

Section 250 of the amended Crimes Act makes it illegal to intentionally or recklessly damage a computer system or intercept, access, use or damage data held on computers without authorisation. This could include an attempt to put a website out of action (i.e., a denial of service attack) or interfering with someone else’s data. This offence has a maximum sentence of seven years’ jail, increasing to ten years if the offender knows or ought to know that damage to life is likely to result.

14

Offences under the NZ Crimes Amendment Act 2003:
Unauthorised access....?

The Amendment Act also makes simply accessing a computer system without authorisation illegal. This means that “pure hacking”, or hacking into a computer system without gaining a benefit or causing harm, is now illegal. The Amendment Act imposes a maximum penalty for “pure hacking” of two years’ imprisonment.

15

Offences under the NZ Crimes Amendment Act 2003:
Hacking Tools Banned...?

The new section 251 has also proved to be controversial. It makes it illegal to sell, distribute or possess computer hacking programmes in New Zealand.
It has been suggested that this provision:
overlooks the importance of educational websites and other information that deals with hacking; and may prevent individuals or organisations learning more about hacking programmes in order to protect against them.

16

Offences under the NZ Crimes Amendment Act 2003:
Powers of interception...?

The Amendment Act also changed the police interception warrant provisions of the Crimes Act. Previously, law enforcement agencies acting under interception warrants could only intercept oral communications. The Amendment Act broadens law enforcement agencies’ powers under interception warrants and allows them to intercept written communications such as emails, facsimiles and text messages.

17

In New Zealand, the Privacy Act 1993 sets out information...?

Privacy rights.

18

Websites should contain a privacy notice, this may state...?

the purpose of collecting info about you and uses and shares this info.

19

In some cases a govt agency may have a legal right to ask for info. e.g. when...?

filing a tax return to Inland Revenue. You may not have a right to refuse.

20

Copyright refers to...?

a bundle of exclusive rights conferred by the NZ Copyright Act 1994 in relation to original works.

21

Copying a couple of pages from a text book for the purposes of study is OK and is called...?

Fair Use/Dealing. (Copying the WHOLE book is a breach of copyright.)

22

Coping a whole song from a CD or downloading a whole song is...?

a breach of copyright.

23

NZ Copyright law allows copyright owners to control...?

certain activities relating to the user and dissemination of copyright works.

24

Copyright gives authors (writers, artists, composers, etc.) the exclusive legal rights to...:

- making of copies
- copy the work;
- issue copies or perform the work in/to the public;
- broadcast the work or include it in a TV programme;
- transfer any such rights to another;
- be identified as the author of the work.

25

Fair use is only avaiable for...?

Research, comment, and education.
(- You must give full credit to the owner
- You will probably still need the owners permission e.g. for quoting a Web page
- Some works do not allow any fair use.
- Generally cannot use for commercial purpose!)

26

To use other's works you need to...?

(one of)
- Obtain a license
- Get written permission
- Use public domain materials (some still have license conditions)
(NB: An employer usually owns the work an employee does unless they are a sub-contractor)

27

If I don't make money from a Copyright violation, can I still be sued for damages...?

Yes - you may undermine potential income for copyright holder.

28

Can I copy files from a DVD I purchased....?

No - this is called format shifting and it is illegal (for now)

29

Does an author need a copyright notice for it to be protected...?

No, though it may need to be registered to apply for damages.

30

Can I download a Web page and legally mail a print copy to a friend...?

No, this is duplication and distribution. You can print one copy for your own use.

31

Can I scan a newspaper photograph and legally put it online...?

no, unless you have written permission to do so. Photos and artwork have greater revenue potential than text documents so be cautious!

32

Can I alter files and make those files legally available online...?

Generally not. Acknowledge the original source and extent of your alterations in the file. By altering work you are infringing the owner's modification right as well as the copyright.

33

Can a teacher legally show a Copyrighted Video on their Intranet...?

Generally not, depending on the Video. Fair use allows up to 3 mins of a video for education.

34

Can I lend my backup of a computer game to a friend...?

Your backup can be used only by you and only if the original disc is unusable or lost.

35

Can I download MP3s from the internet and copy them to CD...?

- Sure, as long as they were obtained as legitimately free downloads or purchased legitimately, from a site authorized by the copyright holders to sell them. Check the terms and conditions on the site.
- If a website gives general advice about copyright privileges, bear in mind this may not be applicable to NZ law, especially if the website is based overseas.

36

What about new changes...?

- The NZ govt has in the past proposed an amendment to the copyright act to allow "format shifting", copying music you have already bought, onto a different media. This would let you copy a CD to a tape, in order to play it in your car stereo, for example.
- Predictably, the music industry was opposed to the proposal, but it is now legal to format shift music in this way.

37

Films, videos, and Publications Classification Act 1993 controls...?

Internet content.

38

If a publication is categorized as 'objectionable' it is...?

automatically banned.

39

Anyone found in the possession of objectionable material (includes downloading i.e. looking - be stored in caches) can be fined...?

$2000 per item.

40

Anyone who makes trades or displays an objectionable publication via the Internet can be fined...?

$20,000 for each offence or 1 year's jail.

41

Films, Videos, and Publications Classification Amendment Act 2005 amended...?

1993 Act

42

Penalties for possession of a child sex abuse images (and other objectionable material) have increased to...?

- a jail term of up to five years or a fine of up to $50,000.
- Penalties for distributing child sex abuse images (and other objectionable material) have increased to a jail term of up to 10 years for an individual and a fine of up to $200,000 for an organisation.

43

AUPs...?

Acceptable Use Policies.

44

ToS...?

Term of Service.

45

What is objectionable material...?

(set out in Section 3 of the act) Example: Acts of torture, the infliction of serious physical harm or acts of significant cruelty.

46

What is ‘restricted’ material...?

Restricted material is material which is only made available to people who are over a certain age. Typically, this is R18 or Adult material similar to that which can be legally purchased from video or magazine outlets. This material is available on the Internet providing the person accessing it can prove they meet the age required.

47

What is ‘objectionable’ material?

if publication describes, depicts, or deals with :
acts of torture, the infliction of serious physical harm or acts of significant cruelty
sexual violence or sexual coercion, or violence or coercion in association with sexual conduct
sexual or physical conduct of a degrading or dehumanising or demeaning nature
sexual conduct with or by children, or young persons, or both
physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain
exploits the nudity of children, young persons, or both

48

Can I be arrested if I accidentally visit a site with 'objectionable material'?

- Yes, Technically if you visit a site, your computer has downloaded the images and you thus possess them.
- This is a breach of most AUPs including the CPIT Code of Conduct.
(However, prosecution is usually where those who are actively trading or who have amassed a significant amount of objectionable material.)

49

Can I be arrested if I didn't know I was acting illegally...?

- YES! Industry expects you to be aware of these acts, ignorance is no defense in law!
- Its also possible your employer may face prosecution.

50

An AUP is simply a written and sometimes signed contract between...?

An Internet user and an Internet provider such as school, University or commercial provider.

51

AUPs are also used to control...?

General IT use.

52

Companies that provide clip art, sound and video clips, and photographs now have...?

Web sites to sell licenses for content.
(Sites are searchable and allow on-line purchase such as AIPA, copyright laws must be respected, A license to use must be purchased or written permission must be obtained.)

53

Plagiarism...?

Copying, taking, or using someone else's work or ideas and presenting them as if they were one's own original work or thought without clear acknowledgement of the actual source.

54

Solution to stop yourself from plagerizing..?

- Work may be submitted to online checking sites e.g. turnitin.com
- Students need to check their own work for copying.
- Students need to reference using APA standards all copied work!!! "copy from one is plagiarism copy from two its research"

55

To avoid plagiarism you must acknowledge within the text of your assignment...?

where you found an idea or piece of info.
)This is usually done by providing the surname/family name of the author(s), and the date of publication.
- you must also credit the source of your info, whether paraphrasing or summarizing or quoting an author directly, CPIT uses the APA reference style)

56

The sources used in your text must...?

be included in a reference list at the end of your work.
(You may need to explore your online source thoroughly in order to find the necessary info such as dates or authors, required for reference-list entries)

57

Correct and complete web address...?

It is important to provide the complete and correct web address (URL) of the document you have used so that readers will be able to find the cited material, so the credibility of your paper or argument won’t suffer. It is important to provide the directory path (and not just the host name or home page) of the document you used, used.

58

Retrieval date...?

The date you retrieved the electronic information is important as web content is likely to be changed or updated. The retrieval date offers a snapshot of the content at the time of your search.

59

No date...?

Use n.d. (no date) when a posting or revision date is not available. Search first at the top or bottom of the homepage, or on the "About This Site" subpage.

60

Wikis (including Wikipedia)....?

collaborative Web pages that anyone can write and edit. There is no guarantee that professionals or subject experts have contributed to the information found in a wiki.
(Important note about Wikipedia: if you are using information sourced from Wikipedia, check with your course leader about whether it is an acceptable source to use)