While opinions may differ as to the
scope of the provisions of the Patriot Act, there is no doubt that computers and the
Internet are valuable tools to businesses, individuals, and the bad guys.
References
U.S. Department of Justice www.usdoj.gov/criminal/cybercrime/usc2701.htm
Information Security Oversight Office www.fas.org/sgp/isoo/
Electronic Communications Privacy Act of 1986 www.cpsr.org/cpsr/privacy/wiretap/
ecpa86.html
Digital Millennium Copyright Act (DMCA)
The DMCA is not often considered in a discussion of hacking and the question of information
security, but it is relevant to the area. The DMCA was passed in 1998 to implement
the World Intellectual Property Organization Copyright Treaty (WIPO Treaty).
The WIPO Treaty requires treaty parties to ???provide adequate legal protection and effective
legal remedies against the circumvention of effective technological measures that
are used by authors,??? and to restrict acts in respect to their works which are not authorized.
Thus, while the CFAA protects computer systems and the ECPA protects communications,
the DMCA protects certain (copyrighted) content itself from being accessed
without authorization. The DMCA establishes both civil and criminal liability for the
use, manufacture, and trafficking of devices that circumvent technological measures
controlling access to, or protection of the rights associated with, copyrighted works.
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