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IS3350 Security Issues in Legal Context Unit 8 Cyberspace and the Law. Learning Objectives. Describe the role of contracts in online transactions and cyberspace. Identify cybercrime and tort law issues in cyberspace. Key Concepts. General principles of contract law

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is3350 security issues in legal context unit 8 cyberspace and the law
IS3350 Security Issues in Legal Context

Unit 8

Cyberspace and the Law

learning objectives
Learning Objectives
  • Describe the role of contracts in online transactions and cyberspace.
  • Identify cybercrime and tort law issues in cyberspace.
key concepts
Key Concepts
  • General principles of contract law
  • Contracts in cyberspace and online transactions
  • General principles of criminal law
  • Cybercrime
  • Tort concepts in cyberspace
contract law
Contract Law
  • Clarify relationships between individuals, groups, and organizations
  • Formed by two elements: offer and acceptance
  • Accepted offer and terms are binding on both parties
  • Terms are enforceable in a court of law
contract law continued
Contract Law(Continued)
  • Oral and Written Contracts
  • Specific types of contracts must be written down and must be signed
    • Written to Prevent Fraud
    • Contracts for the sale of land
  • Contracts require reciprocal exchange of value
tort and criminal law
Tort and Criminal Law
  • Tort law is part of civil law
    • Refers to wrongful acts or harm for which an individual can sue the person who caused the harm
    • Governs disputes between individuals
    • Follows what is called The Reasonable Man standard
  • Criminal law deals with violations against societal norms
three categories of tort law
Three Categories of Tort Law
  • Strict Liability
    • Responsible for actions even if no intent to cause harm to another person.
  • Negligence
    • Liable for any injuries or harm that are the foreseeable consequences of actions when "Due Care” was not exercised
  • Intentional
    • Intention to commit the act is demonstrated
    • Often share many common elements with a crime
characteristics of criminal law
Characteristics of Criminal Law
  • Criminal law aims to deter wrongful behavior
    • Punishment for behavior
    • Rehabilitation of the offender
  • Society recognizes two basic types of wrongful conduct
    • Conduct universally agreed to be wrong or dangerous to others
    • Conduct that isn’t inherently wrong, but society prohibits it
  • Misdemeanors and Felonies
    • Misdemeanors are minor crimes
    • Felonies are more serious crimes
online contracting
Online Contracting
  • Underlying transactions are the same for online contracts and traditional contracts
  • Make transacting business easier
  • Create problems for the contracting parties and for the law
  • Traditional law assumes the parties know one another prior to entering into a contract
  • Contracting over the Internet makes it unlikely that they’re in the same state, geographical region, or even country
online contracting continued
Online Contracting(Continued)
  • Jurisdiction is an important issue for online contracts
  • Contract forms when the offering party receives an acceptance
  • People encounter special types of online contracts every day
  • Clicking on the "I Agree" button without reading or understanding agreement
online contracting continued1
Online Contracting(Continued)

End-user license agreement (EULA)

Contract between the manufacturer or distributor of a piece of software or a service and the end-user of the application

States how the software or service can be used.

Contracts are accepted by removing the cellophane wrap

Shrink-wrap contracts

cybercrime
Cybercrime
  • Cybercrimes are crimes that use computers
  • 93% of all discovered data breaches were linked to organized crime
  • Identity theft and data theft is a multi-billion dollar a year industry
  • Federal and State laws created to address cybercrime
  • Difficult to track the criminals
computer fraud and abuse act cfaa
Computer Fraud and Abuse Act (CFAA)
  • Unauthorized access of security information
  • Unauthorized access to protected computers
  • Intentional transmission of malware, viruses, or worms that damage a protected computer
  • Unauthorized trafficking of passwords or other computer access information
  • Extortion involving threats to damage a protected computer
cybertorts
Cybertorts
  • Torts arising from Internet communications
  • Traditional violations of intellectual property right
  • Intentional infliction of emotional distress (IIED)
  • Harassment can occur in cyberspace
  • Cyber trespass
  • Violating the right to privacy
summary
Summary
  • General principles of contract law
  • Contracts in cyberspace and online transactions
  • General principles of criminal law
  • Cybercrime
  • Tort concepts in cyberspace
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