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...ent's effort to avoid a transaction. See Baum, supra note 16, at 6 (1994). See Guideline 1.20 (nonrepudiation), particularly Comment 1.20.1. ...

==See Also== ...

...ic examination of the advantages and disadvantages of formal requirements, see Jhering, supra note 5, at 470-504. ...

See, e.g., U. C. C. § 1-201(39) (1992). ...

It also provides guidance to those advising, informing, or assisting directors. ==See also== ...

...which provides assurance that the information signed has not been altered. See Guideline 35 (authentication). ...

== See also == ...

See generally Ford, supra note 16, at 71-75; Charlie Kaufman, Radia Perlman & M ...

== See also == ...

...saction is a license of intellectual property rather than a sale of goods. See Softman Products Co., LLC v. Adobe Sys., Inc., 171 F. Supp. 2d 1075 (C.D. C ...dify [[Uniform Commercial Code]], by introducing new article (Article 2B), also known as UCC2B. ...

...izations or even deny them access for not meeting network operating rules. Also, if fraud occurs and your organization has not completed the audit requirem ==See Also== ...

...have demonstrated a purpose to thwart interception by changing facilities. See United States v. Gaytan, 74 F.3d 545 (5th Cir. 1996); United States v. Pett ...l, an Assistant Attorney General, or an Acting Assistant Attorney General. See 18 U.S.C. § 2518(11)(a)(i) and (b)(i). ...

==See also== ...

...more thorough examination of properties desirable in a digital signature, see generally Bruce Schneier, Applied Cryptography: Protocols, Algorithms and S ...

See generally Ford, supra note 16, at 75-84. Computer Communications Security 7 ...

...g assurance that the message has not been modified or replaced in transit. See Guideline 28 (authentication). ...

== See also == ...

*'''XML E-Billing version 2''', ratified in 2006 but yet to see adoption, is intended to improve upon LEDES 2000. == See also == ...

...assessed both currently and in the light of future technological advance. See generally, Schneier, supra note 18, at § 7.5, 166-67. ...

:Section 101(c)(1)(C) states that the consumer also ''"consent electronically, in a manner that reasonably demonstrates that th ==See also== ...

== See also == ...

...isk management]], [[Change_control | change management]], and controls. It also provides guidance relating to accountability and role types. == See also == ...

...anisms are not enough to prevent difficult factual questions from arising. See, e.g., Citizens Nat'l Bank of Downers Grove v. Morman, 78 Ill. App. 3d 1037 ...

==See Also== ...

...tion and the other has an incentive to prove that it was made or received. See Charles R. Merrill, A Cryptographic Primer, The Internet and Business: A La ...

== See also == ...

...ctronic data storage and retrieval device as in a closed container."). See also United States v. Long, 64 M.J. 57 (CAAF 2006) (finding REOP in emails defen ...omputer." United States v. Walser, 275 F.3d 981, 986 (10th Cir. 2001). But see United States v. Gorshkov, 2001 WL 1024026, at *2 (W.D. Wash. May 23, 2001) ...

...n electronic or other medium and is retrievable in perceivable form.." See also, Model Law on Electronic Commerce, United Nations Commission on Internation ...

...phreakers" (i.e., hackers who penetrate telecommunications computers). It also specifically includes those computers used in "foreign" communications. Wit ==See also== ...

...dustry-initiated rules. Laws have been passed by nearly all the US states (see partial list below). The first state to pass a credit freeze law was Califo ...dit report before issuing a loan in the borrower's name. If lenders cannot see the borrower's credit report, it is unlikely the lender will issue a loan i ...

...f wire and electronic communications unless a statutory exception applies. See 18 U.S.C. § 2511(1). In general, these prohibitions bars third parties (inc ...property with their subscribers' right to privacy in their communications. See United States v. Harvey, 540 F.2d 1345, 1351 (8th Cir. 1976) ("The federal ...

...ntire categories of control may not be deemed necessary. The standards are also open ended in the sense that the information security controls are 'suggest ...izations in the telecomms industry (see [[ISO/IEC 27011]]) and healthcare (see [[ISO 27799]]), with additional guidelines for the financial services and o ...

...a spoken defamation. State laws often define defamation in specific ways. See, e.g., California Civ. Code §§ 44, 45, 45a, 46. ...statement whose “gist” or “sting” is substantially true is not actionable. See, e.g., Masson v. New Yorker Magazine, 501 U.S. 496, 516 (1991) ("[A] statem ...

Note: See subpart F of part 597 for the relationship between this section and part 59 ...

...y with certain provisions of the Federal electronic surveillance statutes. See the Criminal Resource Manual at 32 for additional discussion of video surve ...

...Press, Inc., No. 93 Civ. 2515, 1994 WL 419847 (S.D.N.Y. May 4, 1994); see also Telnikoff v. Matusevitch, 25 Media L. Rep. 2473 (Md. Ct. App. 1997), aff’d, ...a warning that the allegations might be untrue was not only defamation but also irresponsible journalism. ...

...e schemes, but providing adequate security for many types of applications. See generally Schneier, supra note 18, at § 2.7, 41-44. ...

...tional rule against liability without fault.” Lewis, 83 F.R.D. at 463; see also Gertz v. Robert Welch, Inc., 418 U.S. 323, 347 (1974). Consequently, those ...ebate about who is or is not a “distributor” or “publisher” in cyberspace. See, e.g., Stratton Oakmont, 23 Media L. Rep. at 1794 (holding that online serv ...

...ns, in breach of a confidential relationship, to acquire the trade secret. See, e.g., Data Gen. Corp. v. Grumman Sys. Support Corp., 36 F.3d 1147, 1165 (1 ...ormation to its licensees, vendors, or third parties for limited purposes. See, e.g., Rockwell Graphic Sys., Inc. v. DEV Industries, Inc., 925 F.2d 174 (7 ...

...ion in digital form, the full range of IA encompasses not only digital but also analog or physical form. == See also == ...

==See also== ...

...9 U.S. 340, 349 (1991). Only expression, but not ideas, are copyrightable. See 17 U.S.C. § 102(b); Eldred v. Ashcroft, U.S. 537, 219 (2003); Baker v. Seld ....S. 769 (2003) (rejecting constitutional challenge to term extension); see also Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 31 (2003) (a ...

...tutional protection in one community may enjoy full protection in another. See Miller v California, 413 U.S. 15, 32-33 (1973). Federal venue rules permit See main article on 2257 Reporting Requirements. ...

...hat] is readily accessible to the general public." 18 U.S.C. § 2511(2)(g). See, e.g. Orin S. Kerr, A User’s Guide to the Stored Communications Act, and a ...exception for a civil discovery order on behalf of a private party."); see also Federal Trade Comm’n v. Netscape Communications Corp., 196 F.R.D. 559, 561 ...

...ss took a new approach with the Children’s Internet Protection Act (CIPA). See, e.g. Reno v. ACLU, 521 U.S. 844 (1997) (overturning the Communications Dec ...and allows local determinations as to what content is suitable for minors. See 47 U.S.C. § 254(h)(7)(D), (l)(2). CIPA was challenged in American Library A ...

...oes not apply to those employees and other parties with a specific need to see full credit card numbers. ...

...'s] name or likeness." Restatement (Second) of Torts sec. 652A (1977); see also William L. Prosser, Privacy, 48 Cal. L. Rev. 383, 398-407 (1960). The right ...connection between the use and the commercial purpose. Id. at 417-18; see also Michaels v. Internet Entmt. Group, Inc., 5 F. Supp.2d 823, 837 (C.D. Cal. 1 ...

...ated electronic records and signatures which are not part of a transaction also are not covered by this Act.'' ==See Also== ...

...e type of works protected by the Copyright Act under Sections 102 and 103. See 17 U.S.C. § 301. ...ional Basketball Ass’n v. Motorola, Inc., 105 F.3d 841 (2d Cir. 1997); see also International News Serv. v. Associated Press, 248 U.S. 215 (1918). The elem ...

...“Back” button or by generating repeated pop-up windows (“mousetrapping”). See http://www.ftc. gov/opa/2001/10/cupcake.htm (FTC charges company that pract ...arch engine results without clear disclosure that they are advertisements. See ategory_id=24&article_id=33; “FTC Staff Recommendations to Search Engines: ...

In addition to direct requests for information, most online services also use some form of tracking technology to collect information while a user “s ...its. Important to website operators and their advertisers, such technology also allows Web sites to develop profiles of page views (“hits”) to the site or ...

...I, leading to a profitable market in collecting and reselling PII. PII can also be exploited by criminals to Stalking or [[identity theft|steal the identit The combination of a name with a context may also be considered PII; for example, if a persons' name is on a list of patients ...

...t to Orin S. Kerr, principal author of the 2001 edition. The editors would also like to thank the members of the CHIP working group.<br> ...does not have the force of law or a U.S. Department of Justice directive. See United States v. Caceres, 440 U.S. 741 (1979).<br> ...

...tute begins to run at the earliest distribution of any copy of that issue. See Strick v. Superior Court, 143 Cal. App. 3d 916, 922 (1983). Hebrew Academy ...he Internet–is foreclosed by Traditional Cat Ass’n, 118 Cal.App.4th 392"). Also, posting links on a website to allegedly defamatory statements, or sending ...

...mark is inherently distinctive or that it has acquired secondary meaning. See, e.g., A.J. Canfield Co. v. Honickman, 808 F.2d 291 (3d Cir. 1986). ...confusion in the marketplace as to source or origin of a good or service. See Accuride Int’l, Inc. v. Accuride Corp., 871 F.2d 1531 (9th Cir. 1989). Like ...

...e. Thus, in the U.S., Jake Baker faced criminal charges for his e-conduct (see Free Speech), and numerous users of peer-to-peer file-sharing software were ...or by whom the law of the Internet will be enforced. Instead, the authors see market mechanisms, like those that Medieval merchants used, guiding Interne ...

...are development, and these examples include many ''Shrinkwrap'' companies (also called ''commercial-off-the-shelf'' or "COTS" firms or ''software package'' ==See also== ...

...ole focused on the governance and control of IT at an enterprise level. It also requires passing a 4-hour test, designed to evaluate an applicant's underst == See also == ...

...-settled that the First Amendment shelters the right to speak anonymously. See Buckley v. Am. Constitutional Law Foundation, 525 U.S. 182, 200 (1999) (inv ...y before enforcement of subpoenas to identify anonymous Internet speakers. See, e.g., Dendrite, 775 A.2d at 771 (strict procedural safeguards must be impo ...

...e injury." Thrifty-Tel, Inc. v. Bezenek, 46 Cal. App. 4th 1559 (1996); see also America Online, Inc. v. IMS, 24 F.Supp.2d 548, 550 (E.D.Va.1998) ("A trespa ...defendant's unauthorized use proximately resulted in damage to plaintiff. See e.g. Thrifty-Tel, Inc. v. Bezenek, 46 Cal. App. 4th 1559 (1996) (holding th ...

In addition to the three big CRAs, the FCRA also classifies dozens of other information technology companies as "nationwide ...ta deleted because it was in error. The accuracy of credit report data was also mentioned in written testimony by Allstate Insurance before the Michigan in ...

...e duty to screen registrants for potential trademark violations. The court also held that defendant did not commit contributory infringement merely by allo ...orrective action. The court also held that the Communications Decency Act (see Chapter 1 (B)(3) above) would not shield ISPs from secondary liability for ...

...ates real-time electronic surveillance in federal criminal investigations. See [[Privacy: Wiretap Act | main article on Wiretap Act]]. 18 U.S.C. §§ 2510-2 ...es not prohibit disclosure of user information to non-government entities. See [[Privacy: Stored Communications Act | main article on Stored Communication ...

...oes not constitute a Fourth Amendment "search" and no warrant is required. See Illinois v. Andreas, 463 U.S. 765, 771 (1983). In addition, a warrantless s ...eillance statutes apply to criminal investigations involving computers and also discusses how to obtain cell-site location information for cellular phones. ...

...erms before responding to Netscape's invitation to download free software. See id. at 32. Further, the court concluded, "where consumers are urged to down ...es alleged that FareChase was accessing and “scraping” the AA.com site and also selling to travel agents and online travel systems “Web Automation” softwar ...

N/A (see National Data Protection Authority section). ...

Directive 95/46/EC, also known as the '''Data Protection Directive''' on the protection of individua ...rea of law in Europe. All the member states of the European Union (EU) are also signatories of the European Convention on Human Rights (ECHR). Article 8 of ...

...is obtaining computer records in criminal investigations, prosecutors must also bear in mind the admissibility of that evidence in court proceedings. Compu ...s have held that "the term has the connotation of a positive declaration." See, e.g., United States v. Lewis, 902 F.2d 1176, 1179 (5th Cir. 1990); Lexingt ...

...eted). Smith v. Maryland has been repeatedly criticized by legal scholars. See, e.g., Daniel J. Solove, Digital Dossiers and the Dissipation of Fourth Ame ...ates real-time electronic surveillance in federal criminal investigations. See main article on Wiretap Act. 18 U.S.C. §§ 2510-2522 was first passed as Tit ...

...must show ownership of the copyright and copying by the defendant.”); see also LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th C ...laintiff must also show that the copying was a result of a volitional act. See Religious Tech. Ctr v. Netcom On-Line Commc’n Servs., Inc., 907 F. Supp. 13 ...

...e integrity of information can be evaluated at any given point of time, it also means that the information is able to be verified constantly for errors, fr ...as metrics, analytics, and alarms pertaining to financial information were also introduced. ...

Numerous state legislatures also have attempted to regulate material distributed to minors over the Internet ...ng sexual material over the Internet with the intent to seduce minors. But see Hatch v. Superior Court, 80 Cal. App. 4th 170 (2000) (upholding constitutio ...

See also copyright issues with linking. ...puter Corp., 2002 U.S. Dist. LEXIS 6365 (C.D. Cal. 2002) on other grounds. See subsection C(5)(c) below). ...

...data or personally identifiable information regarding children. Muris has also held out the possibility that federal regulators will seed lists with names ...y, security, advertising, and other consumer protection issues they raise. See http://www.ftc.gov/bcp/reports/wirelesssummary.pdf. ...

...while maintaining competitive advantage and value system integrity”. It is also called ''business continuity and resiliency planning'' (BCRP). A business c ...ceptability are affected by the cost of recovery solutions. A function may also be considered critical if dictated by law. ...

...r attempts to commit an offense under the Computer Fraud and Abuse Act but also those who conspire to do so.<br> ...o criminalize not only explicit threats to cause damage to a computer, but also threats (1) to steal data on a victim’s computer, (2) to publicly disclose ...

...t be presented to a magistrate. See 18 U.S.C. §§ 2510(9) and 2516(1); see also In re United States of America, 10 F.3d 931 (2d Cir. 1993), cert. denied, 1 ...most commonly involves digital-display paging devices or fax machines, but also includes electronic mail, computer transmissions, and, in some cases, satel ...

...to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such author The problem of forum shopping also applies as between federal and state courts. ...

Privacy can also have free speech ramifications. In some countries privacy has been used as ...arn to accept each other if they cannot know about each other. Issues have also been raised that privacy can encourage criminal activity as it makes it eas ...

...d. The court concluded that "fair use is a lawful use of a copyright." See also Association of American Medical Colleges v. Cuomo, 928 F.2d 519, 523 (2d Ci ...efendant. Campbell, 510 U.S. at 591, citing Harper & Row, 471 U.S. at 562. See American Geophysical Union v. Texaco Inc., 60 F.3d 913, 918 (2d Cir. 1995); ...

...ntities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g., in scientific fraud, to gain prestige A hoax also involves deception, but without the intention of gain or of damaging or dep ...

...replace bills of lading and even checks with appropriate EDI messages. It also refers specifically to a family of standards. ...s, the specifications are analogous to blue prints. (The specification may also be called a "mapping," but the term mapping is typically reserved for speci ...

...but rather while it was in electronic storage on the web server. The Court also held that defendant airline violated the Stored Communications Act because, ...ites gave no indication that use of the site meant such consent. The court also held that Pharmatrak intercepted the communications because its acquisition ...

...ators much improved 'tools' over those available to them under Basel I. It also provides a framework for dealing with all the other risks a bank may face, ...ement objectives and policies which can be made annually. Institutions are also required to create a formal policy on what will be disclosed, controls arou ...

...ing, or to obtain unauthorized funds from an account. Credit card fraud is also an adjunct to [[identity theft]]. According to the Federal Trade Commission ...but signatures are relatively easy to forge. Some merchants will demand to see a picture ID, such as a driver's license, to verify the identity of the pur ...

...er system management functions. ICANN has approved a number of registrars. See http://www.icann.org/registrars/accredited-list.html. ...ugmented by a supplemental set of rules for each arbitration organization. See http://www.icann.org/dndr/udrp/uniform-rules.htm. ...

...l rights management]] or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not the ...me. For further analysis of this portion of the Act and of cases under it, see [[WIPO Copyright and Performances and Phonograms Treaties Implementation Ac ...

...ual property claims, but courts in other circuits have found the opposite. See Section 230 and Intellectual Property for details. Section 230 also protects against state criminal laws and civil claims based on federal crim ...

...usal link between “virtual child pornography” and harm to actual children. Also, the Court reasoned that the CPPA would punish material that does not quali ...tional in United States v. American Library Ass’n, 123 S. Ct. 2297 (2003) (see subsection D(5), above). ...

Risk management also faces difficulties allocating resources. This is the idea of [[opportunity ...risk may have allowed. Not entering a business to avoid the risk of loss also avoids the possibility of earning profits. ...

...ivacy policy transparency requirements that were agreed to under the plan. See http://europa.eu.int/comm/internal_ market/privacy/index_en.htm. (3) EU Sta ...as deemed the PIPED Act “adequate” under its EU Data Protection Directive. See http://www.parl.gc.ca/36/2/parlbus/ chambus/house/bills/government/C-6/C-6_ ...

## See also Tasini v. New York Times Co., Inc., 184 F. Supp. 2d 350 (S.D.N.Y. 2002). Pl ...

...eillance statutes apply to criminal investigations involving computers and also discusses how to obtain cell-site location information for cellular phones. ...result in civil and criminal liability, and in the case of Title III, may also result in suppression of evidence. ...

...company) is directed, administered or controlled. Corporate [[governance]] also includes the relationships among the many Stakeholder (corporate) involved ...ible decision making is not only important for public relations, but it is also a necessary element in risk management and avoiding lawsuits. Organization ...

....gov.uk/ Office of Government Commerce] (OGC). The content of the books is also protected by Crown Copyright. ...enhanced glossary has been developed as a key deliverable of the ITIL v3. also known as the ITIL Refresh Project. ...

...'S''olicited ''P''ornography ''A''nd ''M''arketing Act of 2003'''. This is also a play on the usual term for unsolicited email of this type, [[Spam|spam]]. ...equire e-mailers to get permission before they send marketing messages. It also prevents states from enacting stronger anti-spam protections, and prohibits ...

...not only all of the legal issues covered in Chapters 1 through 4, but will also need to understand the precise nature of the information to be gathered in ...enticity, such as claims that computer records have been tampered with. It also discusses the best evidence rule and the use of summaries containing electr ...

The '''Sarbanes–Oxley Act of 2002''', also known as the 'Public Company Accounting Reform and Investor Protection Act' ...g accounting firms in their roles as auditors of public companies. The act also covers issues such as auditor independence, corporate governance, internal ...

...site (e.g. they should not be near the same coastline). The ITSC Plan must also satisfy two measurements- the [[Recovery_Time_Objective|Recovery Time Objec ...increased by an amount of time equivalent to any such variability). It is also risky to assume that tapes will always be physically intact- the RPO should ...

...th the elements that must be proven should the prosecution go to trial and also the sources of electronic evidence that are relevant to those elements. ...not just what a computer happens to contain at the time of the search, but also evidence of who has used a computer, when, and how. ...