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Computer misuse act robert
Eight principles from the data protection act 1998
Pros and cons of the computer misuse act 1990
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Legislation
Computer Misuse Act 1990
What it is?
Comptuer misuse act is an act which was released in 1990 , this was designed to protect users against accts and thefts of information, this information can include addresses, names, credit card details etc…
Theres many offences that come under this act which include hacking, unauthroised access to computer with the intent of spreaching malicion software such as viruses.
This act also includes the modification of computer software and data which include passwords , settings and other changes which affect the normal operation of the system.
Even unsuccesful attacks would be enough for them to be prosecuted according to this law.
The punishment for breaking this law can range from a fine to imprisonment
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The way it impacts computer users is they can no longer directly upload content which have copyright on them, instead they need to seek permission from the person who owns the copyright, this includes pictures, videos, songs etc…
A lot of times when documents, powerpoints and other content is made people usually copy from the internet , but with this act in place that is not possible.
Data Protection Act 1998
What it is?
Data protection act is an act of parliament which defines the ways information can be legally used and handled, the main purpose of this law is to protect individiausl aainst misue or abuse of their information, this was first composed in 1984 then later updated in 1998.
This law contains six major sections which are called parts which are then followed by 16 notes which are called schedules, the parts outline the basic rights of the data subjets, while the schedules explain the parts in greater detail and elaborates on a variety of future events.
Below I will specify the 8 fundamental principles of this act:
• be processed fairly and lawfully.
• be obtained only for lawful purposes and not processed in any manner incompatible with those purposes.
• be adequate, relevant and not
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Data protection act is an act which was released in a way to protect users from having their information misused or abused. I think the purpose of this is so unauthorised people cannot gain this data as a way of their own personal user.
Data proection act covers all types of data relating to a person such as their address, their email address, their name etc…
How does it impact the computer users?
The way this act cam impact computer users is it helps ensure that users information is misused or abused, and is stored securely without it being handed around to unauthorised people or organisations, this in turn helps make users a bit more comfortable when filling in their personal information on the web.
Obscene Publications Act 1959
What it is?
Obscene publications act 1959 is a legislation which was created in 1959 as way to prevent publication of any material which may be considered as pornographic or violent, this is to ensure underage people do not be given access to content which are not appropriate for them, the reason for this is it can corrupt those people and affect their lives negativly.
This legislation comes under the proection of children act 1978 and criminial justice act
The Computer Fraud and Abuse Act (CFAA) of 1986 is a foundational piece of legislation that has shaped computer crime laws for the United States. It was spawned from Comprehensive Crime Control Act of 1984, Section 1030 that established three new federal crimes to address computer crimes. According to Sam Taterka, “Congress tailored the statute to three specific government interests: national security, financial records, and government property” (Taterka, 2016). The statue was criticized for the narrow range of issues it covered and vague language.
Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography and obscenity (Hafen 210). The First Amendment protects all other pornographic materials not falling in these two categories, but only for adult viewers.
According to LD Online (2015), Public Law 94-142, also known as Education for all Handicapped Children Act (EHA), was passed in 1975. Since then, the law has taken on many changes in order to improve its effectiveness, and is now known as the Individuals with Disabilities Education Act of 2004 (IDEA 04). The original Public Law 94-142 guaranteed a free and appropriate public education to each child with a disability from the age 3 to 21 (LD Online, 2015). It is required to make efforts towards improving how children with disabilities are identified and educated, as well as provide evaluations for the success of those efforts. Furthermore, the law provided due process protections
Cybercrimes and Cyber Protection in Canada Whenever a new technological advancements are made, laws and agencies must be implemented and amendments must be crafted to protect its users. As personal computers became available to Canada’s population, information became more accessible than ever before, and personal information such as a person’s address was easier to obtain. The computer and new technological advancements led to a new branch of criminality; cybercrimes. Cybercrimes are computer-related crimes defined by the Council of Europe (2001) as offences against the confidentiality, integrity, and availability of computer data and systems as well as computer-related and content-related offences.
According to the Merriam-Webster Dictionary, Obscene is defined as “disgusting to the senses, repulsive”. California law defines obscene matter as “taken as a whole, that the average person applying contemporary statewide standards, appeals to the prurient interested, that taken as a whole depicts, or describes sexual conduct in a patently offensive way and that taken as a whole, lacks serious literary, artistic, political, or scientific value”. Obscenity refers to the examination of books, periodicals, plays, films, television and radio programs, news reports, and other communication media. The objectionable material may be considered immoral or obscene, heretical or blasphemous, seditious or treasonable, or injurious to the national security.
The Patriot Act made several changes to the laws that existed prior to its enactment. Some of the legislations that were affected by the Patriot Act include the Electronic Communication Privacy Act, the Money Laundering Control Act, the Foreign Intelligence Surveillance Act, the Immigration and Nationality Act and the Bank Secrecy Act.... ... middle of paper ... ... There are also concerns that the availability of information has affected the re-integration of sex offenders into the community as such information affects their employability status.
...ment: A Historical Timeline Of Children And Their Access To Pornography And Violence." Pace Law Review 33.1 (2013): 462-489. OmniFile Full Text Mega (H.W. Wilson). Web. 18 Nov. 2013.
When deliberating over whether access to pornography should be prohibited, four areas of contention must be elaborated upon and evaluated critically to provide a sensible basis on which a judgement can be made. Firstly, it must be concluded whether pornography can be classed as a form of speech, and whether it enjoys the same protections as art and literature under the principle. Secondly, works such as those of Catherine MacKinnon can be drawn upon to offer a feminist perspective of the effects of pornography on the treatment of women within modern democratic society. Moreover, the principles of Devlin and Feinberg offer relevant acumen regarding the criminalisation of pornographic media. Overall, this essay will argue that whilst access to pornography should not be entirely prohibited; publications that depict ‘extreme’ situations should be subject to regulation and restriction.
The CFAA was made to cover the majority of computer crimes. The Computer Fraud and Abuse Act was created because the United States Secret Service, and other government agencies needed a law to allow them to investigate cyber-crimes. The United States government also needed a way to discourage and stop people from hacking, accessing data, and many other internet crimes from a government computer. With computers on the rise, and the government converting to computers, the government needed a way to discourage and prosecute someone that damaged or gained access to the government’s information, and any other kind of computer. This law was also made to protect any kind of businesses computers or servers. The CFAA also is considered a net that Congress throws all the bad fish in. Including “fraud, hacking, piracy, DOS (Denial of Service) attacks, trafficking passwords, (selling, stealing, and buying passwords), and distributing malicious code.” To summarize the Computer Fraud and Abuse Act it protects “anything that connects to the internet”.
However, “the right to the protection of personal data is not, however, an absolute right, but must be considered in relation to its function in society” as put by the Court in Schecke and Eifert. Thus, article 8(2) of the Charter authorises the processing of personal data the conditions are met. In addition to that, article 52(1) of the Charter enviseages the possibility to restrict the rights enshrinded in the Charter if the conditions are fulfilled. The last but not the least important provision is article 52(3) of the Charter which gives the rights in the Charter the same meaning and scope with European Convention on Human Rights
There are different types of computer crimes that many people become victims of every day. Computer crime is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target ("Computer Crime: Chapter 2: What Are the Crimes? ", n.d.) - " Crimes such as data diddling, pump and dump, social engineering and spoofing are computer crimes. Even though these crimes are difficult due to privacy issues, the new technology has made investigations and prosecutions well organized and effective.
What Is the Computer Fraud and Abuse Act? The Computer Fraud and Abuse Act (CFAA),18 U.S.C. § 1030, is a federal “anti-hacking” statute. While it is primarily a criminal law, a 1994 amendment allows civil actions to be brought by private litigants. Violations can be committed by either an outside intruder who is not authorized to access the protected computer, such as a hacker, or by someone who is authorized to use the computer, but exceeds their authorized access.
Unknown Author. An Overview of the Communications Decency Act (CDA). Center for Democracy & Technology. Retrieved 26 April 2004.
ICT and Legislation New laws have been made to deal with issues and problems that have come about with using ICT. These issues include: * Misuse of personal information * Health and safety * Computer Viruses * Intrusion * Fraud Without these laws these problems would be more of a major issue than they already are. These laws were made to protect people from such things as fraud where people can get access to your personal details e.g. credit card details and they can buy things off your credit card. Data protection act (1998) As computers became more advanced, cheaper and more readily available companies started using them to store data which was more efficient and more convenient, but problems arose with this new way of storing data such as: * Information could be copied or changed or seen by the wrong people * Inaccurate * Kept without permission Companies now have to ensure that all data they have is kept under certain conditions: * All information is up to date * Kept for only a relevant amount of time * Kept for only relevant and lawful purposes * Processed fairly and in accordance with the rights of the subject data * protected against loss, damage and unlawful processing Health and Safety at work act (1974) This legislation makes sure that all people at work have a safe working environment and that employer's make there workers aware of the safety issues including: * fire exits must be kept clear * fire doors must be kept shut * any obstacles must be positions so there is no danger of tripping over * plug sockets can not be overload and paper quantities must be kept to a minimum to prevent risk of fire
...t is not possible to eliminate cybercrime from the cyber space. It is quite possible to check them. History is the witness that no legislation has succeeded in totally eliminating crime from the globe. The only possible step is to make people aware of their rights and duties (to report crime as a collective duty towards the society) and further making the application of the laws more stringent to check crime. Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny that there is a need to bring changes in the Information Technology Act to make it more effective to combat cyber crime. I would conclude with a word of caution for the pro-legislation school that it should be kept in mind that the provisions of the cyber law are not made so stringent that it may retard the growth of the industry and prove to be counter-productive.