Security, Rights And Liabilities In E-Commerce

Security, Rights And Liabilities In E-Commerce

by Jeffrey H. Matsuura
     
 

ISBN-10: 1580532985

ISBN-13: 9781580532983

Pub. Date: 10/31/2001

Publisher: Artech House, Incorporated

This guide for businesses examines the fundamental legal issues relating to electronic commerce security. Attorney Matsuura discusses such topics as creating an audit trail, electronic records as evidence, criminal penalties against unauthorized access code use, intellectual property, digital signatures, and open-source content. Coverage extends to security issues

Overview

This guide for businesses examines the fundamental legal issues relating to electronic commerce security. Attorney Matsuura discusses such topics as creating an audit trail, electronic records as evidence, criminal penalties against unauthorized access code use, intellectual property, digital signatures, and open-source content. Coverage extends to security issues relating to Internet auction transactions, on-line commercial trading exchanges, and the outsourcing of e-commerce functions. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9781580532983
Publisher:
Artech House, Incorporated
Publication date:
10/31/2001
Series:
Telecommunications Library
Pages:
272
Product dimensions:
6.14(w) x 9.21(h) x 0.63(d)

Table of Contents

1Overview: Legal Aspects of Security in the Digital Marketplace1
What is the digital marketplace?2
What are the sources of the legal rights addressed in this book?2
What is the purpose of this book?3
Who should read this book?4
How is the book organized?5
Basic lessons6
2Managing Electronic Records and Evidence9
Records as evidence11
Consequences of disclosure15
Placing records in context19
Know what records you possess21
Know where the records are and who has access to them23
Understand what kind of story your records tell25
Implement policies and practices to manage those records28
General legal protection for electronic records31
Financial, health, and medical records32
Mandatory records34
Public records34
Other electronic records35
International aspects36
Appendix 2AElectronic records management checklist39
Appendix 2BSample topics for electronic records policies and practices manual41
Appendix 2CHIPPA records compliance43
Appendix 2DGramm-Leach-Bliley Act financial security guidelines action plan45
3Preventing Unauthorized Access47
Different forms of unauthorized access48
Criminal penalties48
Criminal penalties against unauthorized system access48
Criminal penalties against unauthorized data access51
Criminal penalties against unauthorized access code use52
Criminal penalties for network sabotage53
Data theft54
Civil or private law claims54
Economic or business tort claims55
Interference with property rights57
Controlling access to protect trade secrets59
Unsolicited commercial e-mail: The spam problem61
The "zombie" network problem63
Access in an environment of outsourcing IT functions65
Unauthorized access in the pervasive computing environment67
Access by government authorities68
Mandatory access71
Appendix 3AComputer system access guidelines75
Appendix 3BSharing liability between contractors and clients77
Appendix 3CMinimizing potential liability associated with commercial e-mail79
Appendix 3DManaging unauthorized access events80
Appendix 3EInsurance as a means of limiting legal risk82
Appendix 3FLegal aspects of access security testing and disclosures84
4Preventing System Misuse87
Liabilities caused by employees88
Employer liability to employees88
Employee liability to employers89
Liability associated with other classes of system operators and users92
Harassment94
Defamation95
Financial disclosures97
Personal data98
Intellectual property98
Trade secrets101
Export Controls103
Antitrust and competition law104
Acceptable use standards105
Monitoring of employees108
Due diligence in hiring, training, and termination111
Contractors and business partners112
Customer use112
Deliberate misuse versus inadvertent conduct113
Insurance114
Appendix 4AAcceptable use standards115
Appendix 4BGuidelines for system monitoring by employers118
Appendix 4CTips for monitoring by ISPs and other on-line service providers120
Appendix 4DCoordinating acceptable use standards with contractors and business partners122
5Protecting Data125
Information privacy125
General privacy laws126
Internet and electronic privacy laws129
Special categories of protected information131
Contract law132
Consumer protection rules133
Tort law protection133
Civil liberties135
Privacy and location tracking135
Privacy practices136
Appendix 5APrivacy practices and procedures for personal information139
6Protecting Intellectual Property: Digital Rights Management141
Managing licensed products141
Work-for-hire142
Copyright piracy143
Regulating copyright circumvention technologies144
Open-source content146
Peer-to-peer content sharing147
Linking, framing, and cached content149
Domain name management152
Metatags, keywords, and Web search systems154
Property rights claims156
Business method patents157
Trade secrets159
Appendix 6AManaging copyrighted material160
Appendix 6BTrademark management strategies162
Appendix 6CManaging trade secrets and other proprietary material164
7Preserving E-Commerce Transaction Integrity165
Key elements of electronic contracts166
Digital signatures168
Certification authorities170
Payment processing172
Transaction documentation174
Transaction security174
UCITA175
Notices and click-through agreements178
Taxation179
Contraband and illegal products181
Dispute resolution182
Appendix 7ACreating enforceable commercial contracts185
Appendix 7BDocumenting e-commerce transactions188
Appendix 7CLegal guidelines for use of electronic signatures190
Appendix 7DLegal checklist for certification authorities192
8On-Line Exchanges, Auctions, and Outsourcing195
Managing trade secrets in commercial exchanges196
Antitrust and competition law for trading exchanges197
Auction fraud203
Auctioning regulated products205
Intellectual property in on-line auctions208
Property rights for information210
Rights and duties of a provider of outsourced services211
Appendix 8ALegal guidelines for on-line auctions214
Appendix 8BLegal principles for on-line commercial exchanges216
Appendix 8CManaging legal compliance for outsourced services217
9Conclusion: Future Trends and Challenges219
The ubiquitous network219
Diversity of content and applications221
Distributed computing222
Open-source content222
On-line communities for collaborative commerce223
Increasing regulation and multijurisdictional compliance224
Self-defense in the digital marketplace225
Security as a management issue226
Security as a competitive advantage227
Final thoughts227
Selected Bibliography229
About the Author239
Index241

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >