...Professor: Brian Wright CMST 301 7985 The Digital Millennium of Decryption Rights Outline * Introduction * Decryption Case Intro * Digital Millennium Copyright Act * United States copyright laws replaced by DCMA * DeCSS Tool * Tool Properties * Research/Findings/Context * Motion Picture Association of America * Trafficking of digital media and the right associated * DeCSS * Creation * Intended use of DeCSS * How DVD encryption functions legally * Region Coding * DeCSS court cases * California trade secret laws * New York court case * Eric Corley * Corley’s intentions * Outcome of his legal allegations * David Touretzky * First Amendment relations * Position on source code links * Copyright Act * Fair Use * Outcome of fair use case * Judge Kaplan * Issues with Kaplan’s decision on fair use * Kaplan’s decision for First Amendment rights when using source code * Professor Touretzky response * Final outcome of court case * Conclusion * Kaplan’s Final Decision * Defendant Deposition * Plaintiff’s View of Trial * Defendants View of Trial * Overall Outcome Introduction This research essay discusses the ongoing turmoil between the DeCSS who produced a source code as well...
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...and security of health care data by establishing and enforcing standards and by standardizing electronic data exchange. Strengths: * Allows patients the legal right to see, copy, and correct their personal medical information. Also it enabled patients with pre-existing conditions to change jobs without worrying that their conditions would not be covered under a new employer's health plan * Prevented employers from accessing and using personal health information to make employment decisions Weaknesses: * Now health care providers, insurance providers, and even the consumers are bombarded by overwhelming amounts of paperwork which consume time and money that could be better spent elsewhere. Digital Millennium Copyright Act (DMCA) The Digital...
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...Pending in the US House of Representatives is H.R. 3261, also known as the Stop Online Piracy Act (SOPA). Introduced on October 26, 2011 by Representative Lamar Smith (R-TX) and a bipartisan group of 12 co-sponsors, the bill expands the ability of U.S. law enforcement and copyright holders to fight online trafficking in copyrighted intellectual property and counterfeit goods created by U.S. firms. It aims to address the very prevalent problems of digital piracy, use of the internet to disseminate illegal and potentially dangerous items such as counterfeit prescription drugs, and the “rogue websites” that traffic in these illegal and infringing activities. Under the legislation, rights-holders will be able to request that a credit-card firm or advertising network stop doing business with a foreign site, ask a search engine to take down links to the site, or ask an internet-service provider to block the site’s domain name, making it harder to reach. Pros and Cons SOPA has several positive characteristics that make it a valuable bill. For example, current copyright enforcement laws have minimal effect on the large number of foreign websites that sell counterfeit products. As such, rights holders have become frustrated with the perceived lack of “teeth” of the current copyright enforcement laws. Under the new law, copyright owners would have the right to shut down any websites who replicate their music, videos, and other materials unauthorized. This would help induce those...
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...What is SOPA/PIPA? An Analysis of SOPA and its Influence on the Internet, Business and Consumer Engagement Table of Contents Introduction………………………………………………………………………….3 International Approach…………………………………………...…………….8 MegaUpload Case Study…………………………………………...…………… Pros: SOPA…………………………………………...……………………………… Cons: SOPA…………………………………………...……………………………… Ethical Considerations……………………………………………...…………… Conclusion…………………………………………...………………………………. 1 Introduction The mid 1990s were the genesis of the Internet as know and use it today. It’s immersion into every day culture and commerce, revolutionized the way we communicate and acquire information. Today, the Internet is a worldwide platform in which discussion forums, blogs and social networks dictate much of the culture of today’s society. The communication infrastructure of the Internet is one of the fastest growing in history. It’s big boom came in the late 1990s when it is estimated that traffic grew by “100 percent per year, while the mean annual growth in the number of Internet users was thought to be between 20% and 50%.”1 Experts agree that this extraordinary growth is mainly attributed to the lack of a watchdog in a virtually free space that lives in an intangible world, as is the case with the set of communication protocols that we call the Internet. The deficiency of a central administration allows the network to grow free and organically...
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...copyright protected, the property in question must be original, creative and fixed in a durable medium such as a book or digital media. The rise of file sharing was an interesting area to examine as it forced copyright law to evolve in order to cover the internet and the challenges it brought with it. The ability to share files in a peer-to-peer format saw a lot of copyrighted items, primarily MP3s at first, to be shareable between users of the internet. This brought about the passing of the Digital Millennium Copyright Act (DCMA) in 1998, which, according to Melvin, 2011, “an attempt to modernize copyright law to deal with the new challenges that had emerged in the digital age.” (p. 616). One of the earliest and most well-known websites the DMCA was able to shut down was Napster. Another interesting area was the different types of infringement covered underneath copyright law. You have direct, indirect and vicarious for the levels of infringement. An example of direct infringement is taking another’s work and...
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...Digital Piracy DIGITAL PIRACY In a day and age when almost all creative works can be put into digital form and legally distributed, there is also a huge potential for theft. This type of theft is known as digital piracy or intellectual property theft and often results in lost revenue, jobs, and wages. Battling online theft is a daily challenge for copyright owners. Digital piracy occurs when creative works such as graphics, photos, movies, songs, or text are distributed online without the consent of the artist, creator, or author and is in direct violation of copyright laws. (Artists Against Digital Theft) These thieves are often referred to as digital pirates. These pirates often setup professional and well-designed websites that trick consumers into believing they are legal. These websites are usually hosted overseas so that digital pirates can avoid requests to remove illegal content. It is very costly and time consuming for copyright owners to pursue international litigation to stop illegal distribution of their creative works. (Artists Against Digital Theft) In an attempt to stop digital piracy, the creative community is uniting together to “champion the rights of artists.” (Artists Against Digital Theft) A website called, Stop Stealing My Future, hosts a contest to help raise awareness about digital piracy. Artists upload videos of themselves explaining how digital piracy affects jobs and the digital arts industry. (Stop Stealing My Future) Another website...
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...Software piracy, define as the unauthorized use, distribution, duplication or sale of commercially available software, has become a global issue. In fact, almost one-third of all installed software is pirated (Jansma, 2004). Software pirates are responsible for over $10 billion in lost revenue (Hess, 2003). Each industry must protect its own intellectual property. The three most important aspects in helping to resolve piracy is knowing the processes and techniques in capturing piracy, identifying the motivating factors, and prevention. How do organizations capture pirates? There are three processes that can help software companies catch violators: monitoring, preserving evidence, and taking action. The first step is for companies to determine the extent of its piracy problem and monitor the online channels (Hess, 2003, p.4). Once the extent of the problem is identified, online monitoring should be implemented to discover the details. The two types of monitoring are in-house and outsourcing. The advantage of using the in-house monitoring program is that it saves money and the staff gains firsthand knowledge of the strategies that are used. Outsourcing the monitoring can be expensive, but the main advantage is that the service is extensive and uses systematic monitoring (Hess, 2003, p.5). Most pirated software is sold on auction websites, such as eBay, Yahoo! Auctions, and Amazon.com Auctions (Hess, 2003, p.5). Approximately, 60-90% of the software products offered in online auctions...
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...Modifying Software on Apple Devices My Name Class Teacher 29 May 2013 Modifying Software on Apple Devices Apple, Inc. completely changed our view of cell phones and computers when it introduced the first iPhone in 2007 (Miller). With such an amazing, versatile technology entering the world marketplace, iPhone security immediately became an issue. “Jailbreaking,” or modifying the iPhone’s software to allow complete control over it, quickly became popular. Over the course of the iPhone’s existence, jailbreaking has become more and more important in the Apple community. However, jailbreaking has also struck up much controversy as its legality and effects are questioned. The word “revolutionary” is an understatement when describing the iPhone. This single device kicked off a technological revolution in which personal computers were redefined. Prior to the iPhone, the most advanced cell phones had only very basic web browsers, poor cameras, and simple user interfaces. With the iPhone came a much faster web browser, photo and music storage, a nicer camera, and the iPhone’s touch screen display made the device extremely intuitive and user-friendly. However, this first iPhone had many shortcomings to be fulfilled. Data speeds were lacking, the operating system had little security, and the user could not install non-Apple, or third-party, apps (Miller). The iPhone’s first operating system was named after Apple’s computer operating system, “OS X”. Cisco’s operating system...
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...SOPA – Stop Online Piracy Act http://www.pcworld.com/article/248298/sopa_and_pipa_just_the_facts.html http://www.forbes.com/sites/larrymagid/2012/01/18/what-are-sopa-and-pipa-and-why-all-the-fuss/ http://www.cbsnews.com/8301-503544_162-57360665-503544/sopa-pipa-what-you-need-to-know/ http://www.digitaltrends.com/web/sopa-pipa-blackout-by-the-numbers/ http://www.good.is/post/what-would-a-post-sopa-internet-look-like http://news.yahoo.com/internet-could-sopa-passes-194753995.html I - Attention Getter: (Pictures from SOPA blackout protest) Before I begin my presentation, I’d like to show you some pictures. I think that you all know about I am presenting before you And for those who don’t, this is the blackout protest whose target is the controversial U.S. House of Representative bill, SOPA – STOP ONLINE PIRACY ACT Before going any further, I’d like to explain what is SOPA? It is a United States bill which is introduced by U.S. House of Representative, sponsored by Lama S. Smith to expand the ability of U.S. law enforcement to fight against online infringement of copyrighted intellectual property and counterfeit goods. And Wednesday 18 January marked the largest online protest in the history of the internet This is a quick view of SOPA protest through numbers (This is statistic from website digitaltrends) 75,000: Number of websites that participated in the blackout 25,000: Number of WordPress blogs that completely blacked out their sites to protest the bills 12...
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...Access Control: Final Exam Review: What is subject to an access control scenario? Policies Subject Objects What are the elements of a well-defined access control system? Policies Procedures Tools What is the purpose of access control? To regulate interactions between a subject (usually, but not always, a human user) and an object, like a network, device, or data itself. What components can be used to measure the confidence in any authentication system? Thetype of correlation and the number of authentication factors in place. What holds true while hardening an organizational network through security controls? 100percent of access control threats cannot be eliminated What should be considered while implementing a layered access security approach? Use of case studies to learn from what others have done and apply those lessons to your own situation (risk assessments) Which attack strategies has the highest success rate of making a particular system vulnerable? Denial of Service (DoS) attacks What is the preferred method to reduce risks while managing access security controls within the system/application domain? Checking and applying updates and new patches on a regular basis True or False: When considering access control security options to mitigate vulnerabilities within the infrastructure, it is unnecessary to place access controls on each asset. True Defense-in-depth is the concept and strategy of implementing multiple...
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...CARNEGIE MELLON UNIVERSITY The Graduated Response System Issues, Benefits and Alternative approach Anik K Singh 8/11/2012 The Graduated Response System INTRODUCTION The growth of internet and its ever increasing pervasiveness has caused extensive digitization of copyrighted content not limited to a single format and subsequently an increase in online piracy. This combined with the advent of P2P file sharing mechanisms as a massive means of infringement practice has led to a paradigm shift in the approach to copyright infringement. Where unauthorized copying of a work was earlier considered a means of increasing a work’s market by stimulating its network effects, it is today seen as an unfair practice, a hindrance to the content owners and artists creative and financial viability. This shift has seen associations like RIAA (Recording Industry Association of America) and MPAA (Motion Picture Association of America) take desperate measures to curb illegal file sharing, the latest means of which is the “Three Strikes Rule” also known as The Graduated Response Plan. This paper starts with a brief overview on why copyright laws are important to content owners and discusses illegal file sharing, its history and the various means used for it. We then discuss the various approaches that representative bodies like RIAA have taken in the past and why the transition to the Graduate Response Plan, how it operates, its relative advantages and disadvantages to the...
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...Computers are a fairly new addition to society, and the impact they have had is enormous. Computer technology has impacted every part of daily life in innumerable ways, for better and for worse. The extreme rapidity at which computer technology advances has produced many unique problems, based in many different areas, that we struggle to solve every day. These problems range from technical limitations and oversights, to skewing of social interactions, to severely outdated political standpoints and laws. As we continue to develop and use computers in everyday life, we must take the time to begin to address and attempt to solve at least some of these issues. Recently, the biggest concern in the computer world has been security, how to secure systems and data, to protect the common user and the integrity of the networks we rely on so heavily. Especially in the last year or so, we have had several major wake-up calls, demonstrating just how important computer security has become. The recent Heartbleed bug discovered in OpenSSL is one of the more critical security bugs to be discovered in the last few years. It's wide-reaching influence, the fact that OpenSSL is installed on hundreds of thousands of computers worldwide, left a giant chunk of information open to exploitation. Essentially, on March 14, 2012, an overlooked bug in the implementation of the Heartbeat extension for the open source crypto library made it into the production environment in OpenSSL's 1.0.1 update. Heartbeat...
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...Internet Censorship - SOPA In the past twenty years, the Internet has grown to become an integral part of human function. The unique beauty of the Internet is that it enables its users to share their views and data to a worldwide audience and have their voice heard instantly. Unfortunately, the flexibility of the Internet also allows it to be exploited for illegal activity such as the distribution and theft of copyrighted content. Many governments find this problematic to their economies and are making increased efforts to control Internet use through censorship. The United States recently introduced the Stop Online Piracy Act (SOPA) in an attempt to fight online trafficking of copyrighted intellectual property and counterfeit goods by enabling law enforcement to block access to entire Internet domains. While proponents of the legislation argue this is necessary to bolster enforcement of copyright laws, opponents argue the proposed legislation threatens free speech. SOPA provides just one example of how controversial Internet censorship proves to be . The entertainment industry has always desired more strict regulation on Internet piracy for many years. Pirated data has become more easily accessible and more elusive than ever. The biggest supporters of SOPA include the Motion Picture Association of America and the Recording Industry Association of America, dealing with movies and music, respectively. The case for SOPA is to protect copyrighted content and those who produce...
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...national security. Some people think ISP should monitor and detect network information that it provides, and making sure that whether sends threatening or bullying emails, or stores or downloads child pornographic material, or downloads illegally obtained music or movies, even to delete those illegal information from the network. However, people do not realize, ISP is not authority to do these things, they are not law enforcement. Their judgment is not legally binding for which one is legal or illegal. If the government allows the ISP manage network in that way, and do not monitor the ISP effectively, ISP is likely to steal user privacy and control network information. So I think the networks need to regulate, but not by ISP. According DMCA (Digital Millennium Copyright Act), what ISP needs to do is: “Not obtain financial benefit from the infringement not have actual knowledge or awareness of facts indicating infringing transmissions upon learning of an infringing transmission, act quickly to remove or disable access to the infringing transmission. Implement a policy of terminating the accounts of subscribers who are repeat infringes.(When Is)" Meanwhile, in order to protect the security of the country and network, ISP should provide some information to the country's top investigation and enforcement agencies like the FBI and the CIA, and nobody can use these information without them authorization. "When Is an ISP Liable for the Acts of Its Subscribers?" NOLO Law for All...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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