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Cyberlaw Final Cheat Sheet by

From Patents to the Internet Crime
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Chapter 6- Patents

Utility Patents
processes, machine, business method­s(not recognized outside the U.S.
Design Patents
new,or­iginal, ornamental
Plant Patents
invent­ion­s/d­isc­overies pertaining to plants
Patent Trade-Off
inventor discloses how invention works in xchange 4 monolo­py(­pro­tection against other to sell, use, make) for 20 yrs. then its public domain
Patent Requir­ement
Correct Subject Matter- New/novel, useful, non-ob­vious
Patent App Process
written app(on­lin­e),­spe­cific descrip. of invent­ion., decrip. of what it does, drawin­gs,­oat­h,all info kept confid­ential until patent grantedor 18 mos.
Who gets the patent?
9/15/2­011­-person who registers. prove you were first w/work­boo­ks,­tes­timony of witnesses, other data
Software patents
if app is artist­ic-­cop­yri­ght­=longer protec­tion.if more functi­ona­l=p­ate­nt=­stonger
Mulitple Inventors
NO. must prove u were present at conception and had 75% of creation.
Infrin­gement
unauth­orized use. substitute something similar but not exact.
Biz. method patents
no prior art. prevents updating new tech.not recognized by most countries
Patents give you the right to exclude.
 

Chapter 7-Trade Secrets

anything that gives a business advantage in their market. no time limit as long as secret is kept. Remedies injunc­tio­n-shut biz down & sue for $damages. Don't stop reverse engine­ering. EEA-Ec­onomic Espionage Act-owner takes respon­sib­ility of secret.UT­SA-­Uniform Trade Secret Act-a model for statues to adopt by all states. Awaren­ess­-told to keep secret­,li­mited access. Misapp­rop­ria­tio­n-a­cqu­istion of trade secret by improper means or wrongful disclosure w/o consent. Def. case-no trade secret­/access to it, itwas rev. engined or already public. remedi­es=­inj­unction prevent use. temp. restra­ining order.p­er­m.i­nju­nction. prelim.in­jun­ction.

Chapter8- Jurisd­ictions

Personal Juris. Subject Matter Juris. In Rem Juris.Long arm-ju­ris­diction reach out to grab non-re­sident bring it into state of plaintiff for its illegal acts. differ across states. they establish personal juris based on biz transa­ctions or torts. in rem=courts ability to hear case based on subject matter being physically present in the state. personal jurisd­iction in cyb.sp­ace­-sl­iding scale test- 3 yes' to determine where the case takes place: 1. Intera­cti­vit­y-b­uying, selling, chatro­oms.2.A­imed activi­ty-­who's the market, where are you trying to penetrate the market.known effect-has person been effect­ed.p­assive web=ta­nsmit info not solicit biz. intera­ctive web= solicit biz.Forum selection clause­s-Must be respon­sible, conspi­cuous, work hardship on defendant. choice of law-the parties agree to which state laws will be applied to the result­/issue.
 

Chapter 9-Cont­racts

Legally enforc­eable agreem­ent­-xc­hange for goods/­ser­vic­es.r­eq­uir­eme­nts­=ag­ree­ment, consid­era­tio­n(x­change somethin of value)­,ca­pac­ity­-le­gal­/mental ability, legali­ty-­subject matter must be legal(­nod­rugs), form- must be in writin­g.O­ffe­r-i­nte­nt-must be seriou­s,e­xpr­ession to act in the presen­t.t­ime-how long is the offer open. promissory estopp­le-­stopped from withdr­awing promise. Acceptance must be commun­icated, silence not accept­ance, must be received by offerer. mail box rule-b­ecomes effective upon mailing. Mirror image rule-a­cce­ptace must be mirror image of offer.u­ni­lateral mistak­e-one party makes a bad deal.b­ila­teral-a material mistake by both partie­s.c­apa­cit­y-m­ino­rit­y,i­nto­xic­ati­on,­gau­rdi­ans­hip­,mental illnes­s,l­ega­lit­y.F­orm­-wr­itten, oral and implie­d(u­nst­ated) are valid. Statue of frauds­-pr­events frauds. novati­on-­1party can be substi­tuted for another. signat­ure­-na­me,­intial, symbol, (x).parol evidence rule-oral evidence about a written contract cannot introduce evidence in court /change terms.e­xpress warran­tie­s-terms defina­te,­kno­wn,not ambigu­ous­,wr­itt­en/­ora­l.i­mplied warran­ty-­gau­rentees products are reasonbly fit. click wrap agreem­ent­-don't know the terms til the purchase occurs. consumer has right to reject terms &r­ecieve refund.un­iform electronic transa­ction act-el­ect­ronic records are writings, electronic signatures are legally effective, provid­esfor state law supremacy one Fed. Law.In­-li­cen­sin­g-r­eci­evi­ng/­bringin new tech. from outside that is market ready.O­ut­-li­cen­sin­g-g­ranting another entity use of year techno­log­y.C­ros­s-l­ice­nsi­ng-­2co­mpanies share each others tech.

Securi­ty&Co­mputer Crime

Firewa­lls­:“M­oats” – with limited access choke points.Pr­ote­ction from the outside – but not from internal breach­es,­Easily deacti­vat­ed,­VPN’s - seen often with private intranets and networks limiting public access.Access Points­:Check points­,Pa­ssword protec­tio­n/S­cri­pt-­bas­ed,­Single Sign On (SSO),­Digital certif­ica­tes­/Ce­rti­ficates of author­ity­,Bi­ome­tri­cs,­Tokens. U.S.A. Patriot Act (October 2001)
Greater flexib­ility to track & intercept commun­ica­tions w/o a warrant
With permission (ISP, telephone provider), can intercept & track trespa­ssers within a system
Nationwide subpoena power for stored data
Nationwide pen register and trap & trace for all electronic commun­ica­tio­ns.Data mining permitted at the start of an invest­igation to generate suspic­ion.In­ternet crime-Any illegal act for which the knowledge of computer technology is essential for either its Perpet­ration, Invest­iga­tion, or prosec­uti­on.The Computer as a TARGET­:Ha­rdware ( a laptop, chips, mobile drivers are stolen­)So­ftware (programs, games, etc.. are stolen­)Al­ter­ation of data (crack­ing­)Br­owsing of data (hacking)
Theft of data.D­enial of servic­es.C­ou­nte­rfeit Access Device and Computer Fraud and Abuse Act.Makes all crimes having to do with computers a federal offens­e1996 - amended by the National Infras­tru­cture Protection Act to protect all computer activity.
 

Chapte­r12­-Pr­ivacy

9th amendm­ent­-just becuase its not on the list doesnt mean it doesnt exist. people have other rights not listed and are still protec­ted.4th amendm­ent­-people have the right to be secure in their person­s,h­ous­es,­pap­ers­,ef­fects against unreas­onable searches &s­eiz­ures, shall not be violated. 5th amendm­ent-not compelled to be a witness against himself. corpor­ations do not fall under this.14th amendm­ent­-u.s.c­ons­tit­ution applies to all government action. Intrusion upon seculs­ion­-were you spied upon in a place you believed you had privac­y.p­rivay protection act-pr­ohibits govn't seizure w/o warrant. work xpected to be public.cable commun­ica­tions protection act-can't disclose what you watch/­pur­cha­se.v­ideo privacy protection act-video stores.te­lephone consumer protection act-fax ads, do not call list, telema­rke­tin­g.fair credit reporting act197­0-cant release consumer info.c­omputer fraud&abuse act-ac­cessing of personal info on gvmnt comput­ers­&f­ina­ncial instit­uti­ons.Bank secrecy act 1970-makes money laundering illegal.

Obscenity

1st Amendment applies to federal action.14th Amendment applies freedom of expression to state’s action.“I­tching, longing; uneasy with desire or longing; of persons, having itching, morbid or lascivious longings; of desire, curiosity, or propen­sity, lewd”P­atently Offensive
Hard core “ultimate sexual acts, normal or perverted, actual or simulated” that include “mastu­rba­tion, excretory functions, and lewd exhibition of the genita­ls”­Intent (Mens Rea)Only have to prove that the provider had knowledge of the character and nature of the materi­al.No requir­ement to prove actual knowledge that the material was obscen­e.C­omm­uni­cation Decency Act (CDA) of 1996-D­esigned to protect minors from pornog­rap­hy,­$10­0,000 fine and up to 5 years for 1st offens­e,Makes it a crime to knowin­gly.Pr­ote­ction of Children from Sexual Predators Act or 1998-P­roh­ibits the use of the internet for child pornog­rap­hy.P­ro­hibits using the internet to prey upon minors (sexual activi­ties).
there is no intern­ational law on obscenity.

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