LEGAL AND ETHICAL
*Law
- A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
- Implies imposition by a sovereign authority and the obligation of obedience on the part of all subject to that authority
ETHICS
* A set of moral principles or values
* The principles of conduct governing an individual or a group
* An objectively defined standard of right and wrong
CATEGORIES OF LAW
* Civil law: represents a wide variety of laws that govern a nation or state
* Criminal law: addresses violations harmful to society and is actively enforced through prosecution by the state
* Tort law enables individuals to seek recourse against others in the event of personal, physical, or financial injury.
- Torts are enforced via individual lawsuits rather than criminal prosecutions by the state. When someone brings a legal action under tort law, personal attorneys present the evidence and argue the details rather than representatives of the state, who prosecute criminal cases.
* Private law regulates the relationship between the individual and the organization, and encompasses family law, commercial law, and labor law.
- Public law regulates the structure and administration of government agencies and their relationships with citizens, employees, and other governments, providing careful checks and balances. Examples of public law include criminal, administrative, and constitutional law
DIFFERENCES BETWEEN LEGAL AND ETHIC
*LAW
- Formal, documented
- Interpreted by courts
- Established by legislature representing everyone
- Applicable to everyone
- Priority determined by courts if two laws conflict
- Enforceable by police and courts
* ETHIC
- Described by unwritten principles
- Interpreted by individuals
- Presented by philosophers, religions, professional group
- Personal choice
- Priority determined by individual if two principles conflict
ETHICS CONCEPT IN INFORMATION SECURITY
* Ethical Differences Across Cultures
- Cultural differences can make it difficult to determine what is and is not ethical especially when considering the use of computers.
* Software License Infringement
- The individuals surveyed understood what software license infringement was but felt either that their use was not piracy, or that their society permitted this piracy in some way
* Illicit Use
- The individuals studied unilaterally condemned viruses, hacking, and other forms of system abuse as unacceptable behavior
* Misuse of Corporate Resources
- Individuals displayed a rather lenient view of personal use of company equipment.
* Ethics and Education
- Differences in the ethics of computer use are not exclusively international.
Differences are found among individuals within the same country, within the same social class, and within the same company
* Deterrence to Unethical and Illegal Behavior
- It is the responsibility of information security personnel to do everything in their power to deter these acts and to use policy, education and training, and technology to protect information and systems
- Three general categories of unethical and illegal behavior:
##Ignorance
## Accident
## Intent
* Three general categories of unethical and illegal behavior:
- Ignorance : Ignorance of the law is no excuse, however ignorance of policy and procedures is
- Accident : Individuals with authorization and privileges to manage information within the organization are most likely to cause harm or damage by accident
- Intent :Intent is often the cornerstone of legal defense, when it becomes necessary to determine whether or not the offender acted out of ignorance, by accident, or with specific intent to cause harm or damage
* Deterrence
- Deterrence is the best method for preventing an illegal or unethical activity. - - However, it is generally agreed that laws and policies and their associated penalties only deter if three conditions are present
--Fear of penalty
-- Probability of being caught
--Probability of penalty being administered
PROTECTING PROGRAMS AND DATA
* Copyrights
- Designed to protect the expression of ideas
- Applies to a creative work such as a story and song.
- Intended to allow regular and free exchange of ideas
- Must apply to an original work and it must be in some tangible medium of expression
- To cover works in the arts, literature and written scholarship
* Patents
- Applies to the result of science, technology and engineering
- Can protect a “new and useful process, machine, manufacture or composition of matter”
- Designed to protect the device or process for carrying out an idea, not the idea itself
* Trade Secret
- Must be kept a secret
- The owner must protect the secret by any means, such as by storing it in a safe, encrypting it and by making employees sign a statement that they will not disclose the secret
- Trade secret protection can also vanish through reverse engineering
INFORMATION AND LAW
* Information as an Object
- Not depletable
- Can be replicated
- Minimal margin cost
- Value is timely
- Often transferred intangibly
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