Privacy and intellectual property laws have always been essential for outlining what is societally acceptable. In 750-1,200 words, explain how privacy and intellectual property laws have been profoundly impacted by the digital Internet age. Make sure to address the following:
- Is the method of enacting laws based on 1700s technologies (e.g., All Writs Act, 1789) capable of providing foundation laws in the Internet age? Why or why not?
- What types of intellectual property need protection/laws?
- How can cybersecurity laws be enforced and who is enforcing them (e.g., United States v. Ivanov)?
- How does infringement of a cybersecurity law affect those infringed upon and those infringing?
- What was the court’s rationale in Universal City Studios, Inc. v. Corley, 273 F. 3d 429 (2d Cir. 2001)?
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is required.
All Writs Act, of 1789 provides a foundation for laws in the Internet age
The All Writs Act based on the United States Federal Statute mainly authorizes the issue based on the writs which are necessary or can be recognized as appropriate assistance with respect to jurisdiction and on an agreeable usage based on the principles of law. All Writs Act, of 1789, has the capability in order to provide foundation laws during this Internet Age. Application of all the Writ Act requires the fulfillment of the four conditions, like:
- The absence of alternative remedies, which is likely to be the act that is applicable with a judicial tool might not be available.
- The independent basis for jurisdiction, which in order to look for the foundation of the authorized writs that can aid the jurisdiction, in order to create a federal subject-matter jurisdiction.
- Necessary aid of the jurisdiction, is like the writ which is necessary with an appropriate case (Itgovernanceusa.com, 2021).
- Principal of Law, I actually the statute that requires in the court based on issue writs with an agreeable based on the usages with the principal of law.
For example, by October 2014 the District Court of New York is mainly authorized with directing mobile phones and their manufacturer while identifying as well as assisting in making an investigation based on the credit card fraud with the phone’s password screen. As compared with this another significance is likely to be based on the Federal Law enforcement that is required by Apple to extract the data from a locked iPhone 5S which can also be considered as a part of the criminal case.
The types of intellectual property needing protection or laws:
The intangible property of the creation of the mind through inventions, designs, symbols, literary works, names, and logos of business organizations, is regarded as intellectual property (Wipo. int, 2021). For any organization, the worth of protecting these intangible properties is nearly 84% of the total value of the organization (Dennemeyer.com, 2021). The rights provided to people or organization for the protection of their creation through their minds is regarded as Intellectual property rights. This right enables the creator to claim an exclusive right over their creation for a particular duration of time. This right is essential for the growth of the economy as well as growth in employment, innovation, research, and health and safety (Spiegeler.com, 2021).
Intellectual properties need to be protected by Copyright, examples of intellectual properties include literary works, artistic works of all forms- books, paintings, music, films and sculptures, databases, computer programs, advertisements, technical drawings, maps, and many more. New technologies after invention through research and development are made available for public use after getting protection through Patents. Products and services of two different organizations are made distinguishable through their respective trademarks. Confidential trading information which could be sold or licensed is protected by using trade secrets like non-disclosure agreements (NDAs), blockchain encryption, etc. (Wipo. int, 2021). The framework structured by WIPO along with facilitating protection also saves money for an organization. Registered copyrights will be an additional benefit in cases where the risk of infringement is present. The intellectual property rights are necessarily required to be renewed in a specific time interval without any lapse (Dennemeyer.com, 2021)
Enforcement of cybersecurity laws:
The law which promotes the integrity, availability, and confidentiality of both private and public networks, systems, and pieces of information through direct regulation, is regarded as cybersecurity law. This law aims to the protection of individual privacy and rights, national security, and economic interests (Kosseff, 2017). There are three major cybersecurity acts, namely, the 1996 Health Insurance Portability and Accountability Act (HIPAA), the 1999 Gramm-Leach-Bliley Act, and the 2002 Homeland Security Act, which included the Federal Information Security Management Act (FISMA). The Federal Trade Commission (FTC) enforces cybersecurity laws at the national as well as federal levels. This organization prohibits deceptive and unfair practices or acts (Itgovernanceusa.com, 2021).
As an illustration of the enforcement of cybersecurity law, the United States vs. Ivanov case is stated in brief. There was a case of an indictment of Aleksey Vladimirovich Ivanov on the ground of activities related to computer fraud, conspiracy, possession of unlicensed access devices, and lastly extortion. The allegation against Ivanov by the government authority was that the key passwords and computer system of OIB containing credit card information was hacked by him and then he blackmailed the organization on grounds of security. The access to Lightrealm.com, which was used for extortion, was gained while he was physically in Russia. Ivanov claimed that the indictment of the federal government has to be dismissed since he was in Russia and hence federal charges of violations cannot be applied (Sherloc.unodc.org, 2021)
Cybersecurity threats have a great impact on the entire internet system, this mainly consists of the physical infrastructure, based on the software as well as the hardware along with the applications. Hence, this is related to creating protection based on developing information this can help in sharing as well as maintaining online, and cyberspace, which mainly includes communication, financial information, medical records, other proprietary data, and several other things. This is required because, cybercrime often violated human rights which are actually the Right to Privacy, and the right to secrecy, which can be based on the foundation of blackmailing or torturing in the future. Therefore, hackers often try to unlock the account, through the means of the internet system, steal data and misuse them.
Cyberbullying is a behavior that can occur offline as well as online. Thus, cyber-bulling mainly affects human rights, which include the rights of the highest attainable standard with both physical and mental health issues, the right to work, the freedom of expression, and the opinion based on interference (Lexisnexis.com, 2021). Thus the danger to human rights can be called to be apparent in nature based on terrorism with a scheme to agitate the people while committing crimes towards good deeds.
The court’s rationale in Universal City Studios, Inc. v. Corley, 273 F. 3d 429 (2d Cir. 2001):
The defendant named Eric C. Corley released a version on his web of the decoding computer program, named “DeCSS” on his web page in November 1999. He also included other DeCSS-related material on his website. DeCSS was created to get around “CSS,” the encryption technique used by movie companies to prevent illegal watching and copying of movies on DVDs. Under the Digital Millennium Copyright Act, eight-film studios filed a lawsuit against Corley, seeking injunctive relief (DMCA). A permanent injunction was issued by the District Court at the end of a thorough non-jury trial, against Corey prohibiting him from publishing DeCSS or any other material related to it on his website or link to any other websites. The constitutional hurdles of Corley to the legislation and injunction were dismissed by the District Court. This constitutional objection was revived on appeal, with the argument that the DMCA went beyond the Clause of Copyright constraints on the term of protection of the copyright. Moreover, the defendant claimed the DMCA, as implemented in his distribution of DeCSS, violated the First Amendment due to the code not being fully eligible for the complete First Amendment right to free speech, and the DMCA was unsuccessful to withstand the rigorous investigation that codified regulating “speech” are subjected to. He also claimed the DMCA infringed both the Copyright Clause and the First Amendment by blocking the just usage of copyrighted content disproportionately.
In conclusion, it can be said that abiding injunctions prohibiting owners of websites from releasing film decoding codes on their own websites do not infringe on their right to free speech (Lexisnexis.com, 2021).
Itgovernanceusa.com (2021). Federal Cybersecurity and Data Privacy Laws Directory. it governance. Retrieved from https://www.itgovernanceusa.com/federal- cybersecurity-and-privacy-laws [Retrieved on December 14, 2021]
Kosseff, J. (2017). Defining cybersecurity law. Iowa L. Rev., 103, 985.
Lexisnexis.com (2021). Universal City Studios v. Corley – 273 F.3d 429 (2d Cir. 2001). LexisNexis. Retrieved from https://www.lexisnexis.com/community/casebrief/p/casebrief-universal-city- studios-v-Corley [Retrieved on December 14, 2021]
Sherloc.unodc.org (2021). United States v. Ivanov. SHERLOC Sharing Electronic Resources and Laws on Crime. Retrieved from https://www.unodc.org/documents/organizedcrime/Brochures/Sherloc_Broch re_V1508785.pdf [Retrieved on December 14, 2021]
Spiegeler.com (2021). Why Intellectual Property should be protected. Heffels spiegeler advocaten avocats anwalte. Retrieved from https://spiegeler.com/intellectual-property-protected/ [Retrieved on December 14, 2021]
Wipo.int (2021). What is Intellectual Property?. WIPO World Intellectual Property Organization. Retrieved from https://www.wipo.int/about-ip/en/ [Retrieved on December 14, 2021]