Intellectual Propertyand

Online Privacy

Doman’s CSCI 101 class

Intellectual property

Intellectual Property

Intellectual Property is any unique product of the human intellect that has commercial value.

For example: books, songs, movies, software

US ConstitutionThe congress shall have the power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.

Intellectual Property Issues

Trade Secrets the invention is private

Patents the invention is public inventor has exclusive rights for 20 years

Trademarks Copyrights

Protecting Intellectual Property

Intellectual Property Issues

Sony v Universal Studios In 1976, Universal and Disney sued Sony

stating that the Betamax enabled people to copy copyrighted material.

In 1983, the supreme court ruled 5-4 that the private, noncommercial use of copyrighted material is "fair use".

Also, the Betamax machine could copy non-copyrighted as well as copyrighted material.

Intellectual Property Issues

MGM v Grokster MGM et.al. sued because 90% of

Grokster content was copyrighted.

Lower court judge quickly ruled in favor of Grokster. citing Sony v Universal, Grokster has "substantial noninfringing uses" August 2004

Supreme Court overruled in favor of MGM et.al. "We hold that one who distributes a device with the object of promoting

its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

June 2005, vote count was 9-0

Intellectual Property Issues

Digital Millennium Copyright Act

making any copy of a digital copyrighted work is prohibited eg. making a backup copy of a software application is

illegal (unless the maker says okay).

illegal to possess the technology to circumvent copyright protection technology eg. figuring out how to decode a DVD that you own is

illegal

Intellectual Property Issues

What is software piracy?

Unlike other things you purchase, the software applications and fonts you buy don't belong to you. Instead, you become a licensed user — you purchase the right to use the software on a single computer, but you can't put copies on other machines or pass that software along to colleagues. Software piracy is the illegal distribution and/or reproduction of Adobe software applications or fonts for business or personal use. Whether software piracy is deliberate or not, it is still illegal and punishable by law

From Adobe ® Website:

Intellectual Property Issues

Megaupload.com This site has been accused by the US

Department of Justice of reproducing and distributing copies of copyrighted works

Cost copyright holders more than US$500 million in lost revenue

Raided Jan 2012

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10779996

Stop Online Piracy Act (SOPA) Protect IP Act (PIPA) The purpose of these bills is to make it

harder for sites — especially those located outside the United States — to sell or distribute pirated copyrighted material such as movies and music as well as physical goods such as counterfeit purses and watches.

Larry Magid http://www.forbes.com/sites/larrymagid/2012/01/18/what-are-sopa-and-pipa-and-why-all-the-fuss/

Even most of SOPA and PIPA’s strongest opponents applaud the intentions of the legislation while deploring what it might actually accomplish.

One of the ways to do that would have been to cut the DNS (domain name server) records that point to the site

Larry Magid http://www.forbes.com/sites/larrymagid/2012/01/18/what-are-sopa-and-pipa-and-why-all-the-fuss/

Stop Online Piracy Act (SOPA) Protect IP Act (PIPA)

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Intellectual Property: Fair Use

Copyright laws protect intellectual property

Fair use allows for exceptions to copyright laws

Fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.

Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

Intellectual Property Issues

Stanford University Librariesh//http://fairuse.stanford.edu/

Copyright_and_Fair_Use_Overview/chapter9/9-a.html

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Intellectual Property: Fair Use

Any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.

Stanford University Librariesh//http://fairuse.stanford.edu/

Copyright_and_Fair_Use_Overview/chapter9/9-a.html

Intellectual Property Issues

Intellectual Property: Fair Use

The four factors judges consider are: the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the

portion taken, and the effect of the use upon the potential

market.

Privacy

Privacy

Def. of privacy = the claim of individuals, groups and institutions to determine for themselves, when, how and to what extent information about them is communicated to others

[Alan Westin, Columbia University, 1967]

General belief: Privacy is a fundamental human right that has become one of the most important rights of the modern age [1]

Privacy Issues

[1]

Your Digital Footprint Sources of Data about You

1. cookie files what web sites you visit

2. credit cards where you shop

3. preferred shopper programs what items you buy

4. credit history how much money you have, where you live, your age, etc.

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Privacy Issues

Pervasive Computing … Growing Your Digital Footprint

RFID - Radio-Frequency IDentification

Wireless device that transmits the identity of an object, animals, or person

Used in inventory control detect counterfeit pharmaceuticals track the lifecycle of dangerous chemicals identify the location of a container sort pallets in a warehouse, etc.

Protecting Your Privacy

Privacy Protection

Privacy protection [2] can be undertaken by: Privacy and data protection laws promoted by government

Self-regulation for fair information practices by codes of conducts promoted by businesses

Privacy education of consumers and IT professionals

Research in the field of Privacy-enhancing Technologies

Privacy Issues

[1]

Privacy and data protection laws promoted by government

Self-regulation for fair information practices by codes of conducts promoted by businesses

Privacy education of consumers and IT professionals

Protecting Your Privacy

Legal Views on Privacy

United States: “Privacy is the right to be left alone” - Justice Louis Brandeis

UK: “the right of an individual to be protected against intrusion into his personal life or affairs by direct physical means or by publication of information

Australia: “Privacy is a basic human right and the reasonable expectation of every person”

[1]

Privacy Issues

Comprehensive Laws - European Union European Union Council adopted the new Privacy

Electronic Communications Directive

Prohibits secondary uses of data without informed consent No transfer of data to non EU countries unless there is adequate

privacy protection Consequences for the USA

Privacy Issues

[1]

Sectoral Laws - United States No explicit right to privacy in the constitution Limited constitutional right to privacy implied in number of

provisions in the Bill of Rights White House and private sector believe that self-

regulation is enough and that no new laws are needed (exception: medical records)

Leads to conflicts with other countries’ privacy policies

Example: HIPAA : Health Insurance Portable and Accountability Act, 1996

[1]

Privacy Issues

Privacy v. Government

Privacy Issues

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Katz v United States without a warrant, police placed a bug on the

outside of a public phone booth used by Katz to make illegal bets

In 1967, the US Supreme Court ruled Katz's rights were violated. Katz reasonably thought his conversation was

private, hence the recording was an illegal search and seizure

the 4th amendment protects people, not places the 4th amendment governs seizure of tangible items,

as well as recording of oral statements

Privacy Issues

Patriot Act allows officials to track emails without showing

probable cause allows roving surveillance for intelligence (not

just crime investigation) tapped device does not have to be owned by the

suspect search warrants no longer have to be served warrants for records do not require probable

cause …

Uniting and Strengthening America by Providing Appropriate Tools Required to

Intercept and Obstruct Terrorism (USA PATRIOT)

Legal Issues

Crime Fighting vsPrivacy and Civil Liberties

Q: How much of your privacy and civil liberties are you willing to give up in order to allow law enforcement to better fight computer crime?

Privacy Issues

[3]

Privacy Expectation vs. Reality

Expectation vs. Reality

Google’s position?

Privacy and data protection laws promoted by government

Self-regulation for fair information practices by codes of conducts promoted by businesses

Privacy education of consumers and IT professionals

Protecting Your Privacy

Managing Your Privacy

COOKIESSmall text file which contains a unique ID tag,

placed on your computer by a website. The website saves a complimentary file with a matching ID tag.

COOKIE file kept on your machine, managed by your browser

Privacy Issues

http://www.webopedia.com/

Cookies: keeping “state” YOUR Machine Company Server

usual http response msgSet-cookie: “book buyer”

usual http response msg

cookie file

one week later:

usual http request msgcookie: 1678 cookie-

specificaction

access

ebay 8734usual http request msg Amazon server

creates ID1678 for user create

entry

usual http response Set-cookie: 1678

ebay 8734amazon 1678

usual http request msgcookie: 1678, book buyer

cookie-spectificaction

access

ebay 8734amazon 1678

backenddatabase

Privacy Issues

Example of Business Information Monitoring DoubleClick.com gathers cookie data from advertising

banners placed on many web sites

DC can cross-reference data to build profiles of individual users' surfing habits

DC owns Abacus Inc., a consumer database company containing the names, addresses, phone numbers, etc... of 90% of American Households

Google purchased DoubleClick in March 2008 for $3.1 Billion In congressional hearings, Microsoft warned of a potential

monopolistic effect

http://en.wikipedia.org/wiki/DoubleClick

Privacy Issues

Big Data

Used to extensive and exponential growth of information.Structured or unstructuredSo much data it’s difficult to store or analyze

Data Warehouses Internet /server data

Privacy and data protection laws promoted by government

Self-regulation for fair information practices by codes of conducts promoted by businesses

Privacy education of consumers and IT professionals

Protecting Your Privacy

Workplace Privacy

Question: How much privacy are you entitled to at work? Is your company allowed to read your email? …

Answer: They can do almost anything. It is their office, their phone, their computer, etc.

Privacy Issues

Preventing Spyware: Surf and download more safely

Only download from Web sites you trust. Read security warnings before you

download Never click "Agree" or "OK" to close a

window. Be wary of popular "free" music and movie

file-sharing programs, and be sure you understand all of the software packaged with those programs.

Privacy Issues

Google Privacy Policy

From the source

http://www.google.com/policies/privacy/

Managing Your Privacy

Phishing

The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

Privacy Issues

http://www.webopedia.com/

Quiz: https://phishingquiz.mcafee.com/

Quiz: http://www.opendns.com/phishing-quiz/

Quiz: https://www.paypal.com/webapps/mpp/security/antiphishing-antiphishingquiz

Quiz: http://www.sonicwall.com/furl/phishing/

Social Media (Facebook) apps

How much of your privacy are you willing to give away?

Privacy hygiene

Privacy Issues

Ethics

48

Technology and Ethics

Rules governing technology move slowly

Use of technology is left up to personal ethics

Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

The history of SPAM

SPAM Costs

40% of email is SPAM consumes lots of disk space!!! bandwidth?

CAN SPAM Act of 2003The law permits e-mail marketers to send unsolicited commercial e-mail as long as it contains all of the following:

an opt-out mechanism; a valid subject line and header (routing) information; the legitimate physical address of the mailer; and a label if the content is adult

http://en.wikipedia.org/wiki/Can_Spam_Act_of_2003

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Ethics Issues

Web Censorship The US government does not censor content

several anti-web-porn laws have been struck down as unconstitutional

CIPA requires libraries to install filter software

Many Foreign governments do censor web content

Are ISPs responsible for what their users' post? maybe

Ethics Issues

55

Communication: When Does Big Business Limit Free Speech?

Point: Google acted unethicallySacrificed free speech for businessViolated human rightsNo incentive for China to changeOther rights hang in the balanceHow far is too far?

Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

Ethics Issues

56

Communication: When Does Big Business Limit Free Speech?

Counterpoint: Google’s actions were justifiedCompanies should be free to pursue

profitsWithdrawing from China would further

restrict free speechStaying in China advances the slow

progress toward democracy

Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

Ethics Issues

References

[1] Ashley Michele Green, “International Privacy Laws. Sensitive Information in a Wired World,” CS 457 Report, Dept. of Computer Science, Yale Univ., October 30, 2003.

[2] Simone Fischer-Hübner, "IT-Security and Privacy-Design and Use of Privacy-Enhancing Security Mechanisms",  Springer Scientific Publishers, Lecture Notes of Computer Science,  LNCS 1958,  May 2001, ISBN 3-540-42142-4.

[3] Sara Baas, Gift of Fire: Social, Legal, and Ethical Issues for Computers and the Internet, (2nd Edition), PowerPoint slides created by Sherry Clark, Copyright 2003 Prentice Hall