CISSP Security & Risk Management- Global Legal and Regulatory Issues

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• 12 May 2016

• Computer/Cyber Crime
  • • CryptoLocker Ransomware – Spreads via email and propagates rapidly. Encrypts various file types and then a pop-up window appears to inform user about the actions performed on computer and, therefore demand a monetary payment for files to be decrypted.
  • Child  Pornography Scareware – A user might visit an infected site and the scareware would lock up the computer and threaten that laws have been violated. Then an extortion sets into motion.
  • Fake or Rogue Anti-Virus Software – Victims are scared into purchasing  anti-virus software that would allegedly remove viruses from their computers via a pop-up window. By clicking on the pop message, the computer is then infected with all kinds of malware.

Licensing and Intellectual Property

• Unlike criminal laws, intellectual property laws do not look at what is right or wrong. Instead, intellectual property laws help to define how individuals or organizations can protect the resources that are rightfully theirs.
• Intellectual property laws also helps to define the course of action that an individual or an organization should take in case this law is violated.
• But to be able to prosecute the offender, the individual or the organization should be able to prove that he/she/it did everything possible to protect the resources.

Intellectual Property Laws

• Copyright
  • Protects “original works of authorship”
  • Protects expression of an idea rather than the idea itself
  • Author controls how work is distributed, reproduced or modified
  • Source code and object code are all copyrightable
  • Copyright lasts for the length of author’s life plus additional 70 years after the person dies.
• Patent
  • A patent is a legal document issued to an inventor granting the inventor exclusive rights to the inventor for an invention.
  • The patent provides the inventor the right to exclude any other person from practicing an invention for a specified period.
  • Invention must be novel (possess newness) and non-obvious.
  • In the USA, patents are issued by the US Patent and Trade Office.

• Trade Secret
  • Maintains confidentiality of proprietary business-related data
  • Owner must adequately protect such data
  • Owner has invested substantial resources to produce such data
  • Data must provide competitive value, be proprietary to a company, and important for its survival
• Trademark
  • Protects word, name, symbol, sound, shape, color or combinations thereof which identifies a product or company and distinguishes it from others
  • Protects the “look and feel” of a company

 

 

 

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