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Chapter 2

Additional material relevant to this chapter may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Jurisdiction.

For an example of a forum selection clause, click on Terms of Use at http://www.aol.com

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Chapter 3

Additional material on trademarks is found under Intellectual Property in the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw).

http://www.icann.org/registrars/accreditation.htm

ICANN's Articles of Incorporation and bylaws are available at http://www.icann.org/general/articles.htm and http://www.icann.org/general/bylaws.htm

See the entire Uniform Dispute Resolution Policy at http://www.icann.org/udrp/udrp.htm

For a discussion of the Federal Trademark Dilution Act, see http://www.bitlaw.com/trademark/dilution.html

Visit the federal Copyright Office Web site to see detailed information on copyright law: http://lcweb.loc.gov/copyright

Visit the U.S. Copyright Office at http://lcweb.loc.gov/copyright

See http://www.ebay.com for a "privacy policy" statement on a Web page.

For an example of linking to multiple sites, see http://www.mapquest.com

Additional material on patents and trade secrets may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Intellectual Property-Patent Laws and Trade Secret Laws.

To read more about this early Patent Office history, see http://etext.lib.virginia.edu/journals/EH/EH40/walter40.html and http://earlyamerica.com/review/winter2000/jefferson.html

To read Article 1, see http://www.law.cornell.edu/constitution/constitution.articlei.html#section8

To read the Patent Act, see http://www4.law.cornell.edu/uscode/35/

To read more about the American Inventors Protection Act, see http://www.uspto.gov/web/offices/dcom/olia/aipa/index.htm

To see the site and search for filed applications or existing patents, visit http://www.uspto.gov

For completing and submitting a patent application, see http://www.uspto.gov/web/patents/howtopat.htm

The Federal Circuit's site is at http://www.fedcir.gov/

For further understanding of this concept, see http://www.uspto.gov/web/offices/pac/doc/general/novelty.htm

For further reading on the usefulness requirement, see http://www.uspto.gov/web/offices/pac/doc/general/what.htm

Some helpful sites in this initial search are as follows:

Patent site: http://www.uspto.gov

Nonpatent reviewers: http://bustpatents.com

Reward for prior art/anticipation: http://www.infotoday.com/searcher/default.shtml

In addition, refer to the Electronic Official Gazette at http://uspto.gov/web/patents/patog/

To read the entire definition, see http://www.uspto.gov/web/offices/ac/ido/oeip/taf/def/705.htm

To read insightful commentary, visit

http://www.bustpatents.com

http://www.patnewsinc.com/

http://www.cptech.org/ip/business/

http://www.oreillynet.com/policy

To read the statutory section, see http://www4.law.cornell.edu/uscode/35/271.html

A good patent infringement resource site can be found at http://www.lawnotes.com/patent/lawsuit.html

To read the text of patent defenses, see http://www4.law.cornell.edu/uscode/35/282.html

For the remedies provided for in the Patent Act, see http://www4.law.cornell.edu/uscode/35/pIIIch29.html

For some interesting invention stories, visit http://www.uh.edu/engines/keywords.htm

The American Intellectual Property Law Association has recommended that the USPTO step up its efforts to collect prior art. See http://www.aipla.org and go to Michael K. Kirk's statements at the Oversight Hearing on Business Methods Patents, April 4, 2001.

For a helpful general patents site, visit http://www.genuineideas.com

For a compelling critique of the patent system as it exists today, visit http://lpf.ai.mit.edu/Patents/patents.html

To review the Patent Cooperation Treaty, visit http://www.wipo.org/pct/en/

For further examination of the European Patent Convention, see http://www.european-patent-office.org

For further examination of Japanese patent laws, see http://www.jpo.go.jp

To read the Economic Espionage Act, see http://www4.law.cornell.edu/uscode/18/pIch90.html

To read the Uniform Trade Secrets Act, adopted by a number of states, see http://nsi.org/Library/Espionage/usta.htm

To read the entire California statute, see http://www.calbar.org/ipsection/tradesecret/

To follow developments in this case, see http://www.eff.org/IP/Video/DVDCCA_case/ and http://eon.law.harvard.edu/openlaw/DVD/

To examine the NAFTA treaty further, see http://www.nafta-sec-alena.org

Additional material on online contracting may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Business and Financial Issues-Contracting.

For the latest reports on the increasing amount of electronic commerce in the U.S. economy, visit http://www.census.gov and click on "E-stats."

For a further examination of Dell's terms and conditions, visit http://www.dell.com and click on "Terms and Conditions of Sale."

See http://www.ali.org and http://www.nccusl.org

For more criticisms of UCITA, see http://www.ucitaonline.com

For a copy of the act and interesting commentary supporting it, see http://www.ucitaonline.com

For a closer look at California's electronic signature law, see http://www.ss.ca.gov/digsig/code165.htm

For more information on EU directives addressing electronic commerce, see http://www.europa.eu.int

http://www.streamlinedsalestax.org/index.htm

Additional material on taxation may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Business and Financial Issues-Taxation.

The General Accounting Office report, Sales Taxes: Electronic Commerce Growth Presents Challenges; Revenue Losses Are Unknown, is found at http://www.gao.gov/new.items/g600165.pdf

See the Streamline Sales Tax Project Web site at http://www.streamlinedsalestax.org/index.html

Documents relating to the OECD can be found at http://www.oecd.org

The text of the December 22, 2000, OECD report is available at http://www.oecd.org/pdf/M000015000/M00015535.pdf

To view the text of the press release and other information related to the UK's views on taxation of e-commerce, see http://www.inlandrevenue.gov.uk/e-commerce/ecom15.htm (and links there).

Additional material on securities offerings and transactions may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Business and Financial Issues-Online Securities.

To access the full text of the Securities Act of 1933, see http://www4.law.cornell.edu/uscode/15/, and click on Chapter 2A.

For a listing of initial public offerings (IPOs) for the last three years, see http://online.wsj.com/documents/ipopipe.htm

For the complete text of the Securities Exchange Act of 1934, see http://www4.law.cornell.edu/uscode/15/, and click on Chapter 2B.

For the full text of the Investment Companies and Advisers Act, see http://www4.law.cornell.edu/uscode/15/, and click on Chapter 2D.

A complete list of the laws, rules, and forms required for any of these offerings may be found on the SEC's Web site, at http://www.sec.gov

To read the complete final rule, see http://www.sec.gov/rules/final/33-7881.htm

To read more on this issue, the settlement order may be found at http://www.sec.gov/litigation/complaints/judglr17327.htm

For a more in-depth look at IOSCO, visit http://www.iosco.org

To review Regulation S in its entirety, see http://www.sec.gov/divisions/corpfin/forms/regs.htm

For a review of an SEC regulation addressing Internet publication of securities offers and solicitations, see http://www.sec.gov/rules/interp/33-7516.htm#body17

Additional material on privacy may be found at the Bentley College CyberLaw Center Web site (http://www.ftc.gov/opa/2002/01/elililly.htm

Hatlestad, Luc. "Online Privacy Matters." Red Herring (January 16, 2001) (http://redherring.com/industries/2001/).

Verton, Dan. "Government Data Mining Raises Privacy Concerns." Computerworld (January 17, 2003) (http://www.computerworld.com).

Check your state's government to see what privacy rights are provided under state law from links at http://www.law.cornell.edu/states/listing.html

See New York's "Do Not Call" Telemarketing Registry at http://www.consumer.state.ny.us/

For more about the Bank Secrecy Act, visit http://www.occ.treas.gov/handbook/bsa.pdf

For more about the Right to Financial Privacy Act, visit http://www4.law.cornell.edu/uscode/12/ch35.html

For the FTC's identity theft complaint form, see http://www.consumer.gov/idtheft

http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/

For other FTC actions under COPPA, see http://www.girlslife.com, http://www.bigmailbox.com, http://www.insidetheweb.com. Also http://www.ftc.gov/os/2001/04/index.htm and jollytime.com at http://www.ftc.gov/os/2002/02/index.htm

For the FTC's suggestions for reducing spam, see http://www.ftc.gov/bcp/online/features/spam.htm

For more information, visit the FTC site at http://www.ftc.gov

For examples of state anti-spam laws, see http://www.spamlaws.com/state/

For more discussion of the changes to the ECPA the Patriot Act provides, visit The American Library Association site at http://www.ala.org/washoff/patriot.html and link to Matrix of the USA Patriot Act Provisions.

For particulars about the FTC 2000 Privacy Survey, see the 2000 FTC Report to Congress at http://www.ftc.gov/reports/privacy2000/privacy2000.pdf

Read the text of the directive at http://www.cdt.org/privacy/eudirective/EU_Directive_.html

For a checklist of how to satisfy the safe harbor rules, see http://www.export.gov/safeharbor/checklist.htm

For more detailed information on the act, see http://www.law.gov.au/privacy/royalinfo.html

To learn more about the FBI's Operation Candyman and its efforts to combat online child pornography, visit http://www.fbi.gov

For views on censorship and obscenity, visit http://www.aclu.org, http://www.eff.org, http://www.cdt.org, and http://www.cc.org

For examples of other blocking or filtering, parental control software, visit http://www.cyberpatrol.com and http://www.netnanny.com

For more information about this act, visit http://www.ussc.gov/sexpred/predlegh.pdf

For more information about Elron Software and Internet monitoring, see http://www.elronsoftware.com

You can view the Drudge Report at http://www.drudgereport.com

For examples of state anti-SLAPP laws and other related information, see the California Anti-SLAPP Project: http://www.casp.net/menstate.html

To read further about Japan's Internet policies, see http://www.ascusc.org/jcmc/vol2/issue2/mashima.html

Chapter 12

http://www.cert.org is a federally funded center for Internet security research.

http://www.nipc.gov is home to the government's national computer and network infrastructure protection center.

For more on firewalls, see http://www.cs.purdue.edu/coast/firewalls

A few helpful Web sites on PKI include http://samsara.law.cwru.edu/comp_law/jvd/ and http://pki-page.org/

http://www.scia.org

http://www.securityholograms.com is a commercial site that promotes security holograms and http://www.psynch.com/security/tokens.html is a commercial site that promotes security tokens to authenticate network services.

http://www.itaa.org/infosec is home to an information security industry group and http://www.securitypanel.org is an Internet security portal site.

http://www.biometrics.org is a biometrics consortium site and http://www.icsalabs.com is a commercial site offering managed security services.

For a try at decoding a message, see http://www.archives.gov/digital_classroom/lessons/zimmermann_telegram/decoding_activity.html

See http://www.nsa.gov/museum/tour.html, the national Cryptologic Museum's site.

The National Institute of Standards and Technology's Computer Security Resource Center is responsible for developing a uniform encryption standard. See http://csrc.nist.gov/encryption/aes/

http://www.rsasecurity.com/ is a commercial e-security site.

http://www.outguess.org/ is a site dedicated to the outguess steganographic tool.

http://www.stegoarchive.com/ is a site dedicated to watermarking and steganography tools.

http://www.digimarc.com is a commercial site that offers digital watermarking technology services.

To access documents from the Bernstein case as well as media reports, see http://www.eff.org/Privacy/ITAR_export/Bernstein_case/

For a complete overview of U.S. export and licensing regulations, see http://www.bxa.doc.gov/Encryption/Default.htm

http://www.fbi.gov/hq/lab/carnivore/carnlrgmap.htm

http://www.fbi.gov/hq/lab/carnivore/carnlrgmap.htm offers a diagram of the Carnivore search program.

For just one analysis of the effect of the USA Patriot Act, see http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011031_eff_usa_patriot_analysis.html

See http://www.epic.org/privacy/terrorism/hr3162.html (for the text of the act).

http://www.fbi.gov/hq/lab/carnivore/carnivore.htm is an FBI information site on the Carnivore program.

http://www.stopcarnivore.org/ is a public interest site dedicated to developing solutions to social problems.

http:/www.cdt.org is a public interest site that focuses on free expression and global communications technology.

For more on these topics, see the following sites: http://www.fbi.gov, http://www.usdoj.gov, and http://www.epic.org

For a sample commentary on the Network and Information Security document by a private interest group, see http://www.icrt.org/pos_papers/011209_EC.pdf

The Electronic Privacy Information Center (EPIC) hosts a cryptography page. See http://www.epic.org

To review the framework decision, see http://europa.eu.int/eur-lex/en/com/pdf/2002/com2002_0173en01.pdf

Chapter 13

Additional material relevant to this chapter may be found at the Bentley College CyberLaw Center Web site (http://ecampus.bentley.edu/dept/cyberlaw) under Social Issues-Cybercrime.

For articles and shows dealing with cybercrime issues, see http://www.techtv.com

Visit the National Infrastructure Protection Center at http://www.nipc.gov

For a sense of the magnitude of cybercrime, visit http://www.securitystats.com

CERT reports on computer and Internet incidents. Its site is found at http://www.cert.org

For a sense of the types of cyber attacks, visit http://www.attrition.org

Some general Web sites on Internet crime include http://www.fbi.gov and http://cybercrime.gov

Cybercrime Conference
Proceedings may be found at http://www.cybercrime2002.com/

To understand the statutes Naughton is accused of violating, see http://www4.law.cornell.edu/uscode/18/pIch117.html

The FTC has authority over civil infractions of the law; its site is found at http://www.ftc.gov

The Computer Security Institute and the FBI issued a joint report and survey on cybercrime, available at http://www.gocsi.com/press/20020407.html

The FBI's Internet Fraud Complaint Center is found at http://www.ifccfbi.gov

The U.S. Attorneys' Bulletin, May 2001, details Internet fraud. See http://www.usdoj.gov/criminal/cybercrime/usamay2001_1.htm

Frauds are prosecuted using a number of different theories involving a host of statutes, ranging from the general conspiracy to computer fraud laws. They include the following laws:

• identification fraud, http://www4.law.cornell.edu/uscode/18/1028.html
• credit card fraud, http://www4.law.cornell.edu/uscode/18/1029.html
• mail fraud, http://www4.law.cornell.edu/uscode/18/1341.html
• wire fraud, http://www4.law.cornell.edu/uscode/18/1343.html
• financial institution fraud, http://www4.law.cornell.edu/uscode/18/1344.html
• mail theft, http://www4.law.cornell.edu/uscode/18/1708.html
• immigration document fraud, http://www4.law.cornell.edu/uscode/18/1546.html

One assistant U.S. attorney calls identity theft the crime of the new millennium and reports on recent criminal activity in this area. See http://www.usdoj.gov/criminal/cybercrime/usamarch2001_3.htm and the Identity Theft Act, http://www4.law.cornell.edu/uscode/18/1028.html, particularly Subsection (a)(7). This act criminalizes fraud in the connection with the unlawful theft and misuse of personally identifying data (such as licenses, biometric data) and provides for fines and/or imprisonment for up to fifteen years.

The transmission of wagering information law can be found at http://www4.law.cornell.edu/uscode/18/1084.html, which makes it a crime to use a wire communication facility to transmit bets or wagers, or information therefrom. Penalties include a fine and/or imprisonment for up to two years.

Internet gun sales are covered by existing laws, specifically the Gun Control Act, http://www4.law.cornell.edu/uscode/18/922.html

Internet drug sales are governed, for the most part, by the Controlled Substances Act, regulating online pharmacies and other sites that offer or dispense controlled substances: http://www4.law.cornell.edu/uscode/21/829.html and http://www4.law.cornell.edu/uscode/21/841.html Penalties are complicated, and terms are extremely harsh.

Internet alcohol sales are governed by the Webb-Kenyon Act prohibiting the shipment of alcohol into a state in violation of state law. See http://www4.law.cornell.edu/uscode/27/122.html

The CPPA discussed in this case is found at http://www4.law.cornell.edu/uscode/18/2252A.html The general obscenity statutes are found at http://www4.law.cornell.edu/uscode/18/pIch71.html These statutes outlaw the interstate or foreign transportation for commercial purposes of any lewd, lascivious book or any other matter of indecent or immoral character. Violations may result in up to five years of imprisonment and/or fines.

For an example of such a site that may promote/incite violence, visit http://www.christiangallery.com/atrocity/ The text of the Domestic Violence and Stalking Act may be found at http://www4.law.cornell.edu/uscode/18/2261A.html Penalties include fines, and/or up to life imprisonment if the stalking results in death to the victim.

Hate Crimes are prosecuted under the federal civil rights statutes, found at http://www4.law.cornell.edu/uscode/18/245.html and http://www4.law.cornell.edu/uscode/18/247.html Penalties include fines, and/or up to life imprisonment. Moreover, the death penalty may be invoked where a death results. Women are afforded additional protection under the Violence Against Women Act: http://www4.law.cornell.edu/uscode/42/13981.html For an example of a state statute, see California Penal Code sections 1170.75 and 666.7, where that state considers hate crimes an aggravating factor (and thus more serious crime) and provides sentencing enhancements for hate crimes.

These crimes are prosecuted under the extortion and threats statute found at http://www4.law.cornell.edu/uscode/18/875.html The penalties include a fine and/or up to twenty years' imprisonment.

To read the entire CFAA, visit http://www4.law.cornell.edu/uscode/18/1030.html

For more information on this case, see http://www.kevinmitnick.com

To see a chart of all recent federal criminal intellectual property cases, visit http://www.cybercrime.gov/ipcases.htm The criminal laws are found at http://www4.law.cornell.edu/uscode/18/2319.html and http://www4.law.cornell.edu/uscode/18/2319A.html It is illegal to reproduce or distribute (during any 180-day period) over ten copies of one or more copyright-protected work having a total retail value in excess of $2,500. Penalties include a fine and up to five years imprisonment. Second and subsequent offenses bring up to ten years' imprisonment. These criminal provisions apply, even if there is no financial gain to perpetrators.

For more information on the DrinkOrDie case, see http://www.cybercrime.gov/sankusSent.htm

For more up-to-date information on this case, visit http://www.eff.org and click on ElcomSoft/Skylarov. Also, the Department of Justice's reports may be found at http://www.cybercrime.gov/sklyarovAgree.htm

To read the full text of the DMCA, visit http://www4.law.cornell.edu/uscode/17/ch12.html For the first offense, penalties include up to $500,000 in fines and up to five years' imprisonment. Second and all subsequent offenses provide for penalties of up to $1 million in fines and up to ten years' imprisonment.

One trade group concerned with counterfeit software is the Software and Information Industries Association. See http://www.siia.net

To read the text of the criminal trademark provisions, visit http://www4.law.cornell.edu/uscode/18/2318.html and hhttp://www4.law.cornell.edu/uscode/18/2320.html Penalties include fines, forfeiture and destruction of the goods; and up to five years' imprisonment.

To read the Economic Espionage Act, visit http://www4.law.cornell.edu/uscode/18/pIch90.html Offenses result in up to fifteen years of imprisonment and/or fines up to $10 million, as well as forfeiture of the property or proceeds thereof. An impediment to the effectiveness of the EEA, however, is the possible reluctance of companies to cooperate with the government because of the risk of being forced to disclose sensitive data in discovery.

To read the extortion laws, visit http://www4.law.cornell.edu/uscode/18/pIch95.html

The live wiretap statute is found at http://www4.law.cornell.edu/uscode/18/pIch119.html The stored electronic communications statute is found at http://www4.law.cornell.edu/uscode/18/pIch121.html

To read the EFTA, visit http://www4.law.cornell.edu/uscode/15/1693n.html

To read the statutes, visit http://www4.law.cornell.edu/uscode/18/pIch63.html

To read the RICO statutes, see http://www4.law.cornell.edu/uscode/18/pIch96.html

To read the text of the statute, see http://www4.law.cornell.edu/uscode/18/pIch113.html

To read the text of the conspiracy statute, see http://www.law.cornell.edu/uscode/18/371.html

For a demonstration page of the proposed govnet site, see http://158.72.28.38/govnet/govnet.formdemo.govfront_page

To read the terrorism statutes, visit http://www4.law.cornell.edu/uscode/18/pIch113B.html

For the text of the USA Patriot Act, see http://www.epic.org/privacy/ terrorism/hr3162.html Also see the government site: http://www.ncix.gov

For an example of anonymizer software, visit http://www.anonymizer.com

To read the statutory law on searches and seizures, visit http://www4.law.cornell.edu/uscode/18/pIch109.html

Some companies specialize in computer evidence consulting, such as http://www.secure-data.com

To review a copy of the Convention on Cybercrime, see http://conventions.coe.int/treaty/EN/projets/FinalCybercrime.htm

To visit the EU Forum on Cybercrime, see http://cybercrime-forum.cec.eu.int

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