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== 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 ...

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...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 ...

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...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 == ...

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...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 ...