Chapter 1 2 3 4 5 6 7 8 9 10 11 12 13
Chapter 1
http://web.dotster.com
For more on the governing bodies of the Internet and World Wide Web, see
For more about how cookies work and how to manage them, see http://www.cookiecentral.com/
Computer Professionals for Social Responsibility Filtering FAQ
outlines how Internet content
filtering works: http://www.cpsr.org/filters/faq.html
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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
Chapter 4
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
Chapter 5
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
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
Chapter 6
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
Chapter 7
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).
Chapter 8
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
Chapter 9
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
Chapter 10
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
Chapter 11
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.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 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:
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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Proceedings may be found at http://www.cybercrime2002.com/