ISM5101 Law Information Secuirty : Fountain Essays

Question:

General Advice on Your Coursework Assignment

You are not expected to deal with every aspect of the law area you chose.  It is usually better to deal with a few issues in depth than take a very general approach, which will inevitably be superficial.

You must argue with reference to the wording of your chosen title – merely presenting a range of material on the general topic will not be enough to achieve good marks.

Note that level, depth of analysis and research is regarded more favourably than superficial breadth of material. It is therefore a good idea to focus on a few relevant areas in depth.

Your paper should contain a significant amount of legal content and argument about the adequacy of the law. Socio-political and/or technical arguments may be relevant to add depth to your analysis, but do not lose focus on the law.

Answer the Question:  Your answer must relate to the wording of the essay title you are supposed to be analysing.  It is not enough to write everything you know about a particular aspect of law.  Failure to address the title will result in very low marks.  The marking criteria of awareness and analysis relate to this.

The Law:  The paper must focus on UK and EU Law plus any relevant International Treaties and initiatives, yet you may include material from the legal systems of other countries in order to take a comparative approach.

Your answer is expected to have relevant and accurate legal content.  You are expected to focus on United Kingdom law, but the nature of the subject encourages you to take a comparative and/or international approach as well.  However, you must make it clear that you are aware of the relevant jurisdiction when citing sources from overseas.

 
 
Answer:

Introduction

Information technology (IT) law provide the framework for the process of storing, collection and disseminating the electronic information in the concept in the field of global market. Attorneys practicing in this field of law represents business and the individual from the entire industry sector. They directly benefit to build the structure of the IT transaction in a way, which directly minimizes the economic benefit of the client while ensuring the concept of regulatory compliance (Law, Buhalis and Cobanoglu 2014). A great deal of focus is put on the anticipation of the potential source of the dispute between the parties to the transaction and crafting the agreement that mainly addresses these concern, this directly minimizes the risk related to the litigation. In the event of a dispute that is related to the IT field, it cannot be mainly be resolved outside the system of the court. A lawyer specializing in those types of cases will be able to provide a better advocate as compared to the general legal practitioners. Law firms dealing directly in Information Technology prefer to hire the lawyers who have worked in the mentioned areas and have the required practical experience (Peltier 2016).

The main aim of the report is to put emphasis on the different laws, which are applicable taking into the consideration the law orientation which is applied in the United Kingdom. The main point of focus, which is applied to the report, is the different law areas and the value it adds in a framework, which makes the society better place to live well. There are no areas in a daily life where law cannot be applied. Law is everywhere and these working principles should be followed. In order to explain the law the flow of the report puts limelight on the different laws, which are applicable, and takes into account the laws of different countries.

 

Critical analysis and synthesis

There are several law, which can be termed as key laws relating to the information technology and these laws are of extreme interest to those people who live and earn their livelihood in the United States. The abuse act and the computer fraud Act of the 1986 can be considered the cornerstone of many federal laws and enforcements related to the computers. The law was amended in the year 1996 by the National information infrastructure protection act of the 1996. Several previous section and acts were modified by this law, which on the other hand increased the penalty for the law related crimes. The punishment for the laws, which are prosecuted under the sections, have a varied effect on it and the penalty may start at fines to being imprisoned for up to twenty years. The severity of the penalty is directly superimposed based upon the information’s value, which is obtained from the crime and whether the judgment deems that the offense has been committed:

  • For gaining advantage in the sector of commercial.
  • In the furtherance of the criminal act
  • For the gain related to financial.

The USA Patriot Act of 2001 modified the previous laws along with some other laws, which directly provides the latitude boundary to the law enforcement agencies to combat effectively the activities of terrorism. In the year 2006, the USA Patriot improvement and Reauthorization Act, which directly made fourteen of the sixteen permanent expansion of the power of the department of the FBI and the homeland security in order to investigate the terrorist activity, amended this act. On the other hand, the act also rested the date, which is related to the data of expiration that is mentioned in the law and was called as the sunset clause. This is done on some specific wiretaps following the concept of the Foreign intelligence surveillance act of the 1978 (FISA) and many of the penalties were further revised, which are related to the procedures and the penalties associated with the terrorist and the criminal activity.

Another key aspect of the law is the Computer Security Act of 1987. The law can be considered as the first attempt to directly protect the federal computer system by means of establishing security practices, which are minimal, acceptable. The National Bureau of Standard with the corporation of the National Security Agency are directly responsible for assisting in the development of security guidelines and standards.

 

International law and legal bodies

It is very much important to be aware of all the laws is prefixed areas that coordinates the overall working of the aspect. In the following points, few of the laws are discussed with emphasis on the legal field in the United Kingdom.

  • Council of the European convention related to cybercrime: In the year 2001, the European council successfully adopted the convention on cybercrime. It was created on a task force with international jurisdiction, primarily to supervise a vast  range of functions related to the security functions with activities over the internet. It also was a basic attempt to improve the effectives, which was related to the standard technology law across the international borders. It can also be termed as an attempt to improve the effectiveness, which was related to the investigation, which was international into the law technology breaches. This convention was very much accepted by advocates of the intellectual property due to the factor of emphasis prosecution for the infringement of the copyright. However many of the supporters related to the individual right oppose the convention due to the factor they think that it would be unduly infringement on freedom which is related to the speech and the threatens the civil liberties related to the United States residents.
  • Digital Millennium Copyright Act (DMCA): The act could be considered to be a contribution of America to an internal effort that was delivered by the Work Intellectual Properties Organization (WIPO), which served to reduce the direct impact of the copyright, trademark and the infringement related to the privacy. This is done epically when accomplished through the concept of the technological copyright protection measure being removed. The European Union developed the law in 1995 as a response to the adaptation of the Directive 95/46 /EC. The law added protection for the individual to respect the processing of their personal data along with their movement and the utilization of such data as a whole.
  • Agreement of the intellectual property Right on the trade related aspect: The agreement, which was applicable to the trade, related aspect of the intellectual property right which was created and established by the world trade organization (WTO) and the negotiation started in 1986 and ended in 1994. Property rules were  introduced by this law related to the trade into the multilateral system. It was considered the first effort significant enough to protect the rights of intellectual property. The requirement for the oversights of the Government and the legislation of the countries of the members belonging to the WTO is outlined to provide the minimum amount of protection at the least. Primarily five issues were covered by the WTO TRIPS agreement.
  1. Implementation of the basic principle of the system related to the trading and other agreements related to the international intellectual property.
  2. The methods that provide the status of adequate protection in relation to the intellectual property right.
  3. The ways in which countries are allowed to reinforce those rights adequate in their own countries respectively.
  4. The methods that would directly settle dispute between the WTO’s members relating to the intellectual property.
  5. Special traditional agreement should be applied during the tenure when the introduction of the new system is done (Taylor, Fritsch and Liederbach 2014).

Awareness of the problem and issue

In the 21st century, some unique ethical and legal issues were raised due to the technological advent. The concept may range from the privacy in the online sector, to appropriate usage of the information technology to the concept of copyright and intellectual property related to the internet. It can be stated that the ethical issue and the legal issues in the field of technology is very much complex and multifaceted. Due to the factor of the technology’s evolving nature, new ethical consideration for the legal aspects are constantly raising in the demand to directly challenge the aspect of ethicists and the professional alike in the field of the legal issues (Sarkar and Iwata 2014). There are many access area fields, which can be considered into the concept of the legal issues they are:

  • Appropriate Use: The biggest problem that can turn into a legal issue is the appropriate use of the technology and its different forms. As the technological advancement increases in the field of capacity, the age-old questions related to the ethical issues are mainly raised and brought directly in front of public context discussion. Steep advancement related to the research in the stem as an example brought with it directly a variety of legal as well as ethical implications for the use purpose for the politician and the scientist supporting the concept. Earlier development in the technology of cloning raised a very much similar debate in reference to the definition of the mere term “human” and the obligation regarding the ethical issues in the field of information technology. In the realm related to the non-scientific technology, the development sector of the technology, which are related to the military, raised a number of questions.
  • Privacy: Privacy can be considered as an issue of hot button in the field of technology, considering the aspect of the nature pervasive of the internet in the lives of the people. Many if the websites collect user data and other important information such as username and password and many other personal information, which is of high propriety to the user. Selling and using the information for the personal use of the hackers can be considered to be a unethical issue, but is often in the gray area legal due to factor that the users provide the data very much at the first place. On the other hand, similarly the use of the internet technology monitoring in an organization working in the field of information technology has created many questions regarding the scenario where the line between the public resources and the personal use of the internet resources must be drawn. A larger scale is taken into consideration that demands the utilization of the information technology by the government of some countries to invade the privacy rights of the citizen is a dangerous ethical and legal issue that is dealt with the infrastructure of the legal system relating to many countries.
  • Copyright: The intellectual and the copyright rights some of the important issues that have taken up a major spot in the public supported by the technological advent. The internet developed as a publishing medium, which created a forum where the copyright infringement became extremely unavoidable and easy for the creators. The piracy of the software and the difficult battle which is related to the copyright holders for them to exert the control over their intellectual property creates a conflict that takes place on a daily basis in the court as well as online.
 

Understanding of the key legal principles

Historically the United States can be considered as a leader and pioneer in the field of implementing and development of the legislation for information security. This is done to prevent the exploitation and the misuse of information and with it the information technology. The implementation of the information technology directly result in a business environment that is more reliable that in turn directly focus on a economy that is more stable. Taking into consideration the capacity related to global economy, the Unites States has demonstrated an understanding, which is very much clear of the important sector which is related to the concept of securing the information and has specified different penalty which can be applied to the concept and the organizations which produce a breach to the united states law framework. To meet the security needs relating to the national issue as well to provide protection for the trade related private assets and secrets. These laws of the United States can be exported. On crime commitment, these laws have established strong penalties that directly indulge into the core of the theft issues.

In order to protect the America’s intellectual property rights, ingenuity and other competitive advantage, the Economic Espionage Act in the year 1999 was passed by the Congress. These laws directly prevent the trade secret to be exposed illegally.

The Security and Freedom through the concept of Encryption Act of 1999 helps in providing a guideline on the implementation of the process of encryption that provides the protection from the concept of government interventions. The provisions, which are included into the law, are:

  • Amending the Export administration Act of 1979 relaxation in the sector of export restriction would be applied.
  • It states that the main cause of the aspect regarding the criminal activity is not the implementation of the process of the encryption.
  • Reinforce a right of the individual to sell and use the encryption algorithm, without the concern for the regulation requiring for some sort of key registration. The registration of the key is the storage of the key related to the cryptographic styled key (or its equivalent text format) with another member or individual to be utilized for the process of the data encryption.
  • Prohibiting the federal government to require the use of the concept of the encryptions contracts, other documents and other corresponding data.
  • Additional penalties are provided for the utilization of the encryption for the development of the criminal act.
 

Accurate identification and explanation of relevant law

It is of much importance for the IT practitioners and the professionals realize that in the event that the business of any organization is made over the concept of the internet they do it to get expose to the global market. These professionals are very much sensitive to the value ethics and the laws of many different countries, cultures and societies. It is nearly impossible to entertain all the people in one go, dealing with the framework of different countries law (Rhodes-Ousley 2013).

The electronic communication Privacy act of the 1986 can be considered a collected related to the statutes that mainly regulates the interception related to the electronic, wire and the communication related to the oral. This work of the statutes works in conjunction with the Fourth Amendment of the unites states constitute that basically protect an individual from the unlawful seizure and search.

The health insurance Portability and the accountability act of the 1996(HIPAA) also known as the Kennedy – kassebaum Act protects the security and the concept of the confidentiality of the data which are related to the health care. This is done epically by means of enforcing and establishing standards and the by means of standardizing data electronic exchange. HIPPA affects all the organization, which are related to the health care this may include health clinic, doctors who practice the profession, universities and the life insurers as well as some of the organization that have elf insured employee program related to the health. HIPPA specifies a major penalty if the organization or the hospital bodies does not abide with the laws which are stated by the body. The fine may range from an amount of $250000 and even imprison up to 10 years for knowingly misusing the information related to the clients. The organization were required to directly comply with the act by the year 2003 (Lloyd 2017). The HIPPA has basic five principles related the laws that should be abided by all the organization which are stated below.

  • Medical information related to the consumer control.
  • Medical information related to the boundaries of its use.
  • Accountability for the information, which are private, and its privacy aspect.
  • Balance between the responsibilities of the public for the use of the information related to the business for a greater measured against the concept of the impact towards an individual.
  • Security related to health information (Peltier 2013).

The finance service modernization act or the Grammn-leach-bliley act of the 1999 basically consist of the provisions which directly focus on the concept of facilitating the affiliation among the security firms, banks and the companies who are related to then prospective of the insurance. To be very much specific the act requires all the institutions related to the financial to disclose their policy of privacy ion the sharing of the nonpublic information of any personal. Due notice is provided to all the customers so that they are aware of the fact that they can request to keep their information a secret and is not shared with any of the third partie companies or individuals. In addition to those aspects, which are already discussed above it also gives a provision that helps in ensuring privacy policy in the effect of within an organization when information is fully disclosed when an initiation is made by an customer for a business relation within an organization. On the other hand, it also distributed at least ones a year for the duration for the association related to the professional (Ifinedo 2017).

Conclusion

It can be stated from the above report that the law are legally adopted rules mainly for the acceptance in the modern society. Ethical behavior is the behavior that is accepted in the society. There are a wide range of laws in different sphere of life, which mainly indulge into the concept of the overall working and its effectiveness. Any organization or person should always abide by the laws in order to be fully functional. If any of the organization or person does not abide by the laws, many penalties, which vary from area to area, can be applied to them or the organization. Laws are make the life simple and if followed would directly lead to a great success and would be very much helpful. In the above report, the laws are explained based on the United Kingdom framework of the law system. Like this, different countries have different framework of law, which can be connected somehow, or the other in a way. There are no such field of area where laws does not exist; law does exist in every working area, which is involved in human being. On the other hand, it should be a responsibility to abide by the law and live a life accordingly and securely.

 

References

Acuña, D.C., 2017. Effects of a Comprehensive Computer Security Policy on Human Computer Security Policy Compliance.

Andress, J., 2014. The basics of information security: understanding the fundamentals of InfoSec in theory and practice. Syngress.

Bansal, G., Hodorff, K. and Marshall, K., 2016. Moral Beliefs and Organizational Information Security Policy Compliance: The Role of Gender. Proceedings of the Eleventh Midwest United States Association for Information Systems, pp.1-6.

Bauer, S. and Bernroider, E.W., 2017. From information security awareness to reasoned compliant action: analyzing information security policy compliance in a large banking organization. ACM SIGMIS Database: the DATABASE for Advances in Information Systems, 48(3), pp.44-68.

Gerber, N., McDermott, R., Volkamer, M. and Vogt, J., 2016. Understanding Information Security Compliance-Why Goal Setting and Rewards Might be a Bad Idea. In HAISA (pp. 145-155).

Ifinedo, P., 2017. Roles of Organizational Climate, Social Bonds, and Perceptions of Security Threats on IS Security Policy Compliance Intentions. Information Resources Management Journal (IRMJ), 31(1), pp.53-82.

Law, R., Buhalis, D. and Cobanoglu, C., 2014. Progress on information and communication technologies in hospitality and tourism. International Journal of Contemporary Hospitality Management, 26(5), pp.727-750.

Lloyd, I., 2017. Information technology law. Oxford University Press.

Mai, B., Parsons, T., Prybutok, V. and Namuduri, K., 2017. Neuroscience Foundations for Human Decision Making in Information Security: A General Framework and Experiment Design. In Information Systems and Neuroscience (pp. 91-98). Springer International Publishing.

Peltier, T.R., 2013. Information security fundamentals. CRC Press.

Peltier, T.R., 2016. Information Security Policies, Procedures, and Standards: guidelines for effective information security management. CRC Press.

Rhodes-Ousley, M., 2013. Information security: the complete reference. McGraw Hill Education.

Safa, N.S., Von Solms, R. and Furnell, S., 2016. Information security policy compliance model in organizations. computers & security, 56, pp.70-82.

Sarkar, P. and Iwata, T. eds., 2014. Advances in Cryptology–ASIACRYPT 2014: 20th International Conference on the Theory and Application of Cryptology and Information Security, Kaoshiung, Taiwan, China, December 7-11, 2014(Vol. 8874). Springer.

Siponen, M., Mahmood, M.A. and Pahnila, S., 2014. Employees’ adherence to information security policies: An exploratory field study. Information & management, 51(2), pp.217-224.

Taylor, R.W., Fritsch, E.J. and Liederbach, J., 2014. Digital crime and digital terrorism. Prentice Hall Press.

Wall, J.D., Palvia, P. and Lowry, P.B., 2013. Control-related motivations and information security policy compliance: The role of autonomy and efficacy. Journal of Information Privacy and Security, 9(4), pp.52-79.

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