Long arm of the law

Long arm of the law

Computers and Security, Vol. 7, No. 3 broad computer security standards and provide programs in security training. Information- WEEK, February 22, 19...

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Computers and Security, Vol. 7, No. 3

broad computer security standards and provide programs in security training. Information- WEEK, February 22, 1988, p. 25. .New Security Law Compels FederalAgencies to Act, Robert V. Head. After reviewing the history

of the opposition to NSDD 145, the author states that the Computer Security Act seeks to strike a balance between legitimate national security interests and freedom of information through two key provisions. First, it provides a more specific and narrow definition of sensitive information. Second, it vests responsibility for security standards in NBS and relegates NSA to an advisory role. But the real significance of the law lies in the actions it requires of all federal agencies. They must designate sensitive’mformation, develop security plans and provide security training. Government Computer News, March 4, 1988, p. 33.

Brazil Copyright Law Could Thwart Pirates, Ed Gregory. A new Brazilian copyright law is designed to halt piracy. The lack of copyright protection in Brazil has resulted in semilegitimate and widespread piracy of U. S.-made software programs. in some cases, the pirate software is sold overseas to other countries. Whether or not the new law will work is a matter ofstrong debate and disagreement. Management Information Systems Week, January 25, 1988, pp. 1, 41.

Long Arm of the Law, Buck Bloombecker. Since 1984, Congress has strengthened the federal computer crime law, passed the Electronic Communications Privacy Act and passed the Computer Security Act of 1987 (HR 145). During 1987, three states un-

dertook the complete rewriting of their computer crime laws; laws in three other states reflected growing sophistication regarding the varied nature of computer crime threats. A seventh state passed its first computer crime law leaving only two states with no legislation on the subject. For a system that is insecure, the odds are increasing that those who set it up or maintain it may be found liable. Computerworld, February 8, 1988, pp. 17-18.

Computer Cross Sections Unite at Law Conference, Bill Dooley. High on the list of major concerns at the International Conference on Computers and Law were such topics as security particularly because of: advances in networking; computer crime; copyrights and intellectual property rights; and artificial intelligence. One major theme targeted the spread of computerrelated crime, ranging from simple trespass into government and private corporate databases, to major thefts of funds within the commercial marketplace. One of the major problems is that many of the crimes go undetected. A national study indicated that only half of computer abuse was discovered by system control, and 41% was detected by accident. Management Znformation System Week, February 15, 1988, pp. 4-5.

Personal but Not Confidential: A New Debate Over Privacy, Michael decourcy Hinds. Most existing laws protect the privacy of records held by government agencies but relatively few laws protect records that are collected by private institutions and businesses. With few exceptions, companies have broad discretion to

determine who gets customer records. Because of an incident regarded by many as an invasion of privacy, bills will be introduced in both houses of Congress forbidding retailers from disclosing video rental records without the consent of the customer or a court order. State and local legislators have also picked up on the privacy issue. Privacy laws are based on the Fourth Amendment to the Constitution. Concern about privacy began to grow as record keeping became automated in the 1950s. The New York Times, February 27, 1988, p. 56.

Hashing Out Legal Rights, Stephen Jones. The intellectual property and copyright protection of software remains an important, and as yet unresolved, issue for users and vendors. Asking the courts to deliver a verdict on the issue invites a number of problems. For one, court systems and lawyers have inadequate technical knowledge. Second, there is a confusing set of precedents and there arc several pending cases. Most of today’s copyright protection guidelines for the computer industry are modified versions of copyright principles written when computers were science fiction. Computerworld, February 29, 1988, pp. 67, 71.

Apple Slaps Microsoft, HP with Copyright Suit, Nick Arnett. Apple Computer Inc. has filed a copyright infringement and unfair competition suit over Microsoft Corporations Windows and Hewlett-Packard’s New Wave, charging that their graphic interfaces violate the “look and feel” of the Macintosh. Apple’s suit accuses both Windows and New Wave of being “unauthorized derivative works” of the visual displays and

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