Cyberlaw

“The moving finger writes; and, having writ

Moves on: nor all thy piety nor witShall lure it back to cancel half a line.

Nor all thy tears wash out a word of it.”Omar Khayyam (1050?-1123?),

Persian poet, astronomer and mathematician

Tracking tools◦ Popular websites install thousands of tracking

tools on the computers of people who visit their sites

◦ Placed on computers without notice or warning to the consumer

Self-regulation◦ Self-regulatory Principles for Online Behavioral

Advertising – Require websites that use tracking tools to provide notice of data collection that is “clear, prominent, and conveniently located”

The First Amendment – Protects free speech◦ Includes postings which have appeared on

Internet message boards and blogs

The Fourth Amendment – Prohibits unreasonable searches and seizures by the government

The FTC – Prohibits unfair and deceptive acts or practices

Electronic Communications Privacy Act (ECPA) of 1986

Any intended recipient of an electronic communication has the right to disclose it

Internet service providers are generally prohibited from disclosing electronic messages to anyone other than the addressee

An employer has the right to monitor workers’ electronic communications if:◦ The employee consents◦ Monitoring is in the ordinary course of business◦ In the case of email, if the employer provides the

computer system

Prohibits Internet operators from collecting information from children under age 13 without parental permission

It also requires sites to disclose how they will use any information they acquire

State regulation◦ Some states have passed own online privacy laws

European law◦ The EU’s e-privacy directive requires an opt-in

system under which tracking tools cannot be used unless: The consumer is told how the tools will be used The specifically grants permission for their use

Spyware: A computer program that enters a user’s computer without permission◦ Monitors and reports the user’s activities

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)◦ A federal statute that does not prohibit spam but

regulates it◦ Under this Statute, commercial e-mail:

May not have deceptive headings Must offer an opt-out system permitting the recipient

to unsubscribe Must clearly indicate that the email is an

advertisement Must provide a valid physical return address Must clearly indicate the nature of pornographic

messages

Under the CDA, ISPs and web hosts are not liable for information that is provided by someone else◦ Only content providers are liable

Hacking: Gaining unauthorized access to a computer system◦ Illegal under the federal Computer Fraud and

Abuse Act (CFAA) of 1986

◦ CFAA prohibits: Accessing a computer without authorization and

obtaining information from it Computer espionage Theft of financial information Theft of information from the U.S. government Theft from a computer Computer fraud Intentional, reckless, and negligent damage to a

computer Trafficking in computer passwords Computer extortion

Fraud: Deception of another person for the purpose of obtaining money or property from him◦ Auctions – A major source of consumer complaints

about online fraud Shilling: When a seller at auction either bids on his

own goods or agrees to cross-bid with a group of other sellers

◦ Identity theft - The Identity Theft and Assumption Deterrence Act of 1998: Prohibits use of false identification to commit fraud

or other crime Permits the victim to seek restitution in court

◦ Phishing: A fraudster sends a message directing the recipient to enter personal information on a website that is an illegal imitation of a legitimate site Spear phishing: Involves personalized messages

sent from someone the victim knows

““The Internet has changed our lives The Internet has changed our lives in ways that were inconceivable a in ways that were inconceivable a

generation ago, and the law is generation ago, and the law is rushing to catch up. Courts will rushing to catch up. Courts will

apply some old laws in new ways apply some old laws in new ways and, as legislators and courts learn and, as legislators and courts learn from experience, new laws will be from experience, new laws will be

enacted.”enacted.”