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  • ...cceptable security practices for such systems. It requires the creation of computer security plans, and the appropriate training of system users or owners wher * Requires establishment of security policies for Federal computer systems that contain sensitive information. ...
    1 KB (168 words) - 11:37, 23 May 2010
  • ...de to the Emerging Legal Issues 14 ( Joseph F. Ruh, Jr., ed., The Computer Law Association 1996). ...
    1 KB (144 words) - 12:26, 16 October 2014
  • ...ines "message" means the digital representation of information (generally, computer-based information), "document" means information inscribed on a tangible me ...
    1 KB (161 words) - 12:29, 16 October 2014
  • ...ting UCC2B consisted of both members from NCCUSL and members of [[American Law Institute]] (ALI). At certain stage of the process, ALI has withdrawn from ...final "as read" UCITA document is what is actually passed and signed into law by each state governor. The passage record typically indicates each versio ...
    2 KB (317 words) - 11:12, 30 October 2011
  • ...s version published in September 2002. During this seven-year period, case law related to electronic evidence has developed significantly. Of particular n ...tory effect, confers no rights or remedies, and does not have the force of law or a U.S. Department of Justice directive. See United States v. Caceres, 44 ...
    3 KB (438 words) - 12:32, 5 August 2011
  • ...is a term used in Title 18, Section 1030 of the United States Code, (the [[Computer Fraud and Abuse Act]]) which prohibits a number of different kinds of condu <blockquote>a computer—<br/> ...
    5 KB (773 words) - 11:40, 27 August 2011
  • Alabama Computer Crime Act — Ala. Code §§ 13A-8-100 to 13A-8-103 Colo. Rev. Stat. tit. 18, art. 5.5 — Computer crime<br> ...
    9 KB (1,358 words) - 22:11, 5 September 2011
  • ...n enjoining enforcement of a state statute, criminalizing dissemination by computer of material “harmful to a minor.” ...e, prohibiting dissemination of “sexually explicit” materials to minors by computer. ...
    4 KB (639 words) - 19:02, 10 April 2011
  • ...' is a California law regulating the privacy of personal information. The law was introduced by California State Senator Peace on February 12, 2002, and [[Category:Computer law]] ...
    3 KB (522 words) - 13:52, 26 October 2011
  • ...er might keep a list of who owes him money in a file stored in his desktop computer at home, or a money laundering operation might retain false financial recor ...e in criminal cases. The purpose of this publication is to provide Federal law enforcement agents and prosecutors with systematic guidance that can help t ...
    11 KB (1,632 words) - 12:36, 5 August 2011
  • ==Common Law Rule== At common law, one who “repeats” the statements of another is just as responsible for the ...
    6 KB (919 words) - 14:33, 10 April 2011
  • # [[Copyright Non-Preemptable Common Law Claims]] # [[Uniform Computer Information Transactions Act]] ...
    2 KB (209 words) - 09:53, 13 April 2011
  • ...ted by copyright law and (ii) where the particular work to which the state law claim is being applied falls within the type of works protected by the Copy ...he copyright rule of preemption that allows an individual to bring a state law misappropriation claim for “hot news.” National Basketball Ass’n v. Motorol ...
    10 KB (1,594 words) - 10:19, 12 April 2011
  • ==Break down of the law== ...law requires a record to be in writing, an electronic record satisfies the law.'' ...
    9 KB (1,499 words) - 11:31, 30 October 2011
  • ...M.J. 57 (CAAF 2006) (finding REOP in emails defendant sent from her office computer and in emails stored on government server); Quon v. Arch Wireless, 445 F. S ...ndercover federal agents looked over his shoulder, when he did not own the computer he used, and when he knew that the system administrator could monitor his a ...
    5 KB (848 words) - 13:21, 26 April 2011
  • ...substance from public international law, conflict of laws, constitutional law and the powers of the Executive (government) and Legislature branches of go ...sdictional basis to avoid constitutional challenge. The subsections of the Computer Fraud and Abuse Act reflect different jurisdictional bases.[[FN20]] ...
    20 KB (3,032 words) - 13:27, 12 October 2011
  • ...f patent or copyright law may be protectable as a trade secret under state law. ...iring employees to sign confidentiality agreements, MAI Sys. Corp. v. Peak Computer, 991 F.2d 511, 521 (9th Cir. 1993), and keeping secret documents under lock ...
    7 KB (1,065 words) - 16:48, 13 April 2011
  • ==Computer Fraud and Abuse Act== ...hes anyone who not just commits or attempts to commit an offense under the Computer Fraud and Abuse Act but also those who conspire to do so.<br> ...
    14 KB (2,101 words) - 11:35, 27 August 2011
  • ...or intermeddling with a chattel in the possession of another.” The common law form of trespass requires actual harm with intent to harm and physical cont ...thout authorization interfered with plaintiff's possessory interest in the computer system; and (2) defendant's unauthorized use proximately resulted in damage ...
    13 KB (1,987 words) - 10:22, 12 April 2011
  • :'''(1)''' having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such :'''(2)''' intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--<b ...
    15 KB (2,463 words) - 11:31, 1 May 2010
  • ...that collects, uses or discloses personal information. To comply with the law businesses must, inter alia: disclose the purpose of the data collection an ...ility for educating and assisting organizations in relation to the privacy law. The legislation establishes the National Privacy Principles (the “NPPs”) a ...
    19 KB (2,863 words) - 16:43, 21 September 2011
  • ...y that property or contracts are, as it is a domain covering many areas of law and regulation. Some leading topics include [[intellectual property]], [[p ...sdictional code, legal practitioners are generally left with a conflict of law issue. ...
    20 KB (2,921 words) - 16:47, 29 August 2014
  • ...he Secretary of Commerce of standards and guidelines pertaining to Federal computer systems; (5) designate executive agents for information technology acquisit ...ive such standards when compliance would adversely affect the mission of a computer operator or cause a major adverse financial impact on such operator which i ...
    10 KB (1,502 words) - 19:27, 4 April 2010
  • ...that vary with the community and from one nation to another. Under current law, the legal question of whether speech is obscene is determined partly by re ...patently offensive way, sexual conduct specifically defined by applicable law; ...
    6 KB (925 words) - 18:53, 10 April 2011
  • #[[5 Ways to Make Your Law Office More Profitable | 5 Ways to Make Your Law Office More Profitable]] ...ment in Law Firms | Avoid the Run-Around: Smarter Facilities Management in Law Firms]] ...
    16 KB (2,124 words) - 11:06, 16 March 2010
  • ...tors must consider two issues when asking whether a government search of a computer requires a warrant. First, does the search violate a reasonable expectation ...om using search warrants to obtain computers or electronic media. A sample computer search warrant appears in Appendix F. ...
    10 KB (1,477 words) - 13:29, 5 August 2011
  • ===Computer Fraud and Abuse Act=== ...munication.” 18 U.S.C. § 1030(a)(2)(C), (g). The CFAA targets attacks on computer systems that cause damage or destruction to electronic data. See ''Int'l Ai ...
    22 KB (3,315 words) - 00:16, 16 September 2011
  • ...ean Union. It is an important component of EU [[privacy]] and human rights law. The right to [[privacy]] is a highly developed area of law in Europe. All the member states of the European Union (EU) are also signat ...
    15 KB (2,297 words) - 16:59, 21 September 2011
  • ...ing, National Security and the “Adverse Inference” Problem, 22 SANTA CLARA COMPUTER & HIGH TECH. L.J. 757, 764-766 (2006); Susan Freiwald, Uncertain Privacy: C ===Computer Fraud and Abuse Act=== ...
    23 KB (3,434 words) - 17:34, 13 April 2011
  • ...in connection therewith, subpart A, of this part or any provision of state law that supersedes any provision of subpart B, and in connection therewith, su (2) Examples. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors, except that an error of l ...
    4 KB (689 words) - 12:28, 16 October 2014
  • ...in connection therewith, subpart A, of this part or any provision of state law that supersedes any provision of subpart B, and in connection therewith, su (2) Examples. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors, except that an error of l ...
    4 KB (689 words) - 12:30, 16 October 2014
  • ...t filed against defendant for allegedly using banner ads that impersonated computer error messages that tricked users into visiting defendant’s website). ===Federal Law=== ...
    16 KB (2,394 words) - 13:40, 26 April 2011
  • ...group's interest is to keep the information private. One of the goals of [[computer security]] is [[confidentiality]]. [[Identity theft]], for example, is a se ...other information categories that often receive special treatment in state law.<br> ...
    19 KB (2,886 words) - 16:53, 29 August 2014
  • ...r 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended [[Title 17 ...mances and Phonograms Treaties Implementation Act]], amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phon ...
    26 KB (3,969 words) - 11:00, 30 October 2011
  • ==Law in Canada== * The organization is instructed to refrain from doing so by a law enforcement agency that is investigating the theft, loss or unauthorized ac ...
    18 KB (2,700 words) - 16:17, 29 August 2014
  • ...urisdiction]]. Fraud is a crime, and also a [[Civil law (common law)|civil law]] violation. Defrauding people or entities of money or valuables is a commo ...g identity and legitimacy online, and the simplicity with which [[cracker (computer security)|cracker]]s can divert browsers to dishonest sites and steal credi ...
    15 KB (2,222 words) - 15:20, 12 November 2011
  • ...action claims under the Wiretap Act, the Stored Communications Act and the Computer Fraud and Abuse Act. Pharmatrak sold a service to pharmaceutical companies ...g or disclosing information gained from unauthorized access to a protected computer in violation of the CFAA. Defendant did not immediately surrender his lapto ...
    21 KB (3,283 words) - 13:26, 26 April 2011
  • ...ated Virginia Computer Crimes Act's prohibition against use of computer or computer network without authority and with the intent to convert the property of an ...al jurisdiction over company and president. West's Ann.Md.Code, Commercial Law, § 14-3001. MaryCLE, LLC v. First Choice Internet, Inc., 166 Md. App. 481, ...
    8 KB (1,176 words) - 10:17, 5 May 2011
  • ...w No. 108-187, was S.877 of the 108th United States Congress), signed into law by President of the United States George W. Bush on December 16, 2003, esta ...is key regarding the CAN-SPAM legislation." In January 2004, the month the law went into effect, less than 1% of spam complied with the CAN-SPAM Act of 20 ...
    26 KB (4,026 words) - 12:15, 5 May 2011
  • ...rs shall abide by and comply with any and all copyright laws pertaining to computer software and by any software license agreements that are legally applicable ...ftware installation or use on Company Electronic Communications Systems to law enforcement officials or other third parties without any prior notice to th ...
    7 KB (953 words) - 14:13, 1 May 2010
  • ...cing Warner & Co. v. Eli Lilly & Co., 265 U.S. 526 (1924) (applying common law concept of contributory infringement). ...ena, 839 F. Supp. 1552 (M.D. Fla. 1993). Defendant operated a subscription computer bulletin board service that distributed unauthorized copies of copyrighted ...
    8 KB (1,249 words) - 10:18, 13 April 2011
  • ...banners may establish the network owner's common authority to consent to a law enforcement search. ...o real-time interception pursuant to 18 U.S.C. § 2511(2)(c) (monitoring by law enforcement agency) or § 2511(2)(d) (provider monitoring). ...
    83 KB (12,981 words) - 12:42, 5 August 2011
  • ...d States District Court or Court of Appeals judge, a wiretap order permits law enforcement to intercept communications for up to thirty days. 18 U.S.C. §§ ...cations if it is configured such that keystrokes are not recorded when the computer's modem is in use). ...
    9 KB (1,342 words) - 18:26, 13 April 2011
  • ...music, paintings and sculptures, films and technology-based works such as computer programs and electronic databases. In most European languages other than En ...re ideas, and are protected as such; protection of inventions under patent law does not require that the invention be represented in a physical embodiment ...
    46 KB (7,265 words) - 12:09, 2 May 2010
  • ...e of federal trademark law and would “create a species of mutant copyright law that limits the public’s federal right to copy and use." Id. at 2048 (inter ...d at providing travel and lodging arrangements for travelers to the Comdex computer convention run by Key3Media, infringed Key3Media’s registered trademark COM ...
    17 KB (2,794 words) - 10:00, 13 April 2011
  • ...okseller providing forum for others to submit book reviews is “interactive computer service” provider (“ICS provider”)); # Marczeski v. Law, 122 F.Supp.2d 315, 327 (D. Conn. 2000) (individual who created private “ch ...
    38 KB (5,571 words) - 14:45, 10 April 2011
  • ==Computer Fraud and Abuse Act== ...es of malicious interferences with computer systems and to address federal computer offenses, an amendment in 1994 allows civil actions to brought under the st ...
    53 KB (7,910 words) - 21:25, 13 April 2011
  • ===Pre-Anti-Cybersquatting Consumer Protection Act case law=== ...ng others' trademarks; and defendant had been using the domain name in its computer business since 1994. ...
    29 KB (4,582 words) - 10:16, 13 April 2011
  • ...Discoveries.” In order to foster development of creative works, copyright law provides a limited grant of exclusive rights. This Copyright law protects only creative works, not facts. See, e.g., Feist Publ’ns, Inc. v. ...
    14 KB (2,130 words) - 06:38, 11 April 2011
  • ...Gates Rubber Co. v. Bando Chem. Indus., 9 F.3d 823, 832 (10th Cir. 1993); Computer Assoc. Int’l, Inc. v. Altai, Inc., 982 F.2d 693, 701 (2d Cir. 1992) (requir ...d in Canada constituted an act of direct infringement under U.S. copyright law. The court concluded that the potential infringement at issue did not occur ...
    27 KB (4,215 words) - 07:04, 11 April 2011
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