Security, Rights, and Liabiities in E-Commerce

Sampul Depan
Artech House, 30 Nov 2001 - 270 halaman

 This book provides you with a clear overview of the legal and public policy issues associated with computer network and electronic transaction security. It identifies the various forms of potential legal and commercial liability associated with failures of computer network and electronic security, and advises you of what legal claims may be raised, by whom, and the potential impact of these claims. Methods to reduce or eliminate liability are discussed, presenting practical, operational guidance to help you. The book also describes the legal rights of computer system and electronic commerce operators that can be applied to help preserve security and to recover in the event that security is breached. This discussion of legal rights includes advice on how you can effectively enforce your rights. The focus is on legal rights and responsibilities associated with private networks, Internet service providers, commercial Web sites, business-to business industry online commerce exchanges, and Internet auctions systems. Civil, criminal, and regulatory legal requirements are examined with a discussion of applicable U. S and foreign legal concerns.

 

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Isi

Overview Legal Aspects of Security in the Digital Marketplace
1
What is the digital marketplace?
2
What is the purpose of this book?
3
Who should read this book?
4
How is the book organized?
5
Basic lessons
6
Managing Electronic Records and Evidence
9
Records as evidence
11
Tips for monitoring by ISPs and other online service providers
120
Termination of service
121
Coordinating acceptable use standards with contractors and business partners
122
Termination
123
Protecting Data
125
General privacy laws
126
Internet and electronic privacy laws
129
Special categories of protected information
131

Consequences of disclosure
15
Placing records in context
19
Know what records you possess
21
Know where the records are and who has access to them
23
Understand what kind of story your records tell
25
Implement policies and practices to manage those records
28
General legal protection for electronic records
31
Financial health and medical records
32
Mandatory records
34
Other electronic records
35
International aspects
36
Electronic records management checklist
39
Traineducate employees and contractors
40
Sample topics for electronic records policies and practices manual
41
Obligations of employeescontractors
42
HIPPA records compliance
43
Manage disclosuresuse of records
44
GrammLeachBliley Act financial security guidelines action plan
45
Traineducate employees and contractors
46
Preventing Unauthorized Access
47
Different forms of unauthorized access
48
Criminal penalties against unauthorized data access
51
Criminal penalties against unauthorized access code use
52
Criminal penalties for network sabotage
53
Data theft
54
Economic or business tort claims
55
Interference with property rights
57
Controlling access to protect trade secrets
59
The spam problem
61
The zombie network problem
63
Access in an environment of outsourcing IT functions
65
Unauthorized access in the pervasive computing environment
67
Access by government authorities
68
Mandatory access
71
Appendix 3A Computer system access guidelines
75
Access controls
76
Sharing liability between contractors and clients
77
Minimizing potential liability associated with commercial email
79
Managing unauthorized access events
80
Reporting
81
Insurance as a means of limiting legal risk
82
Term and payout value
83
Legal aspects of access security testing and disclosures
84
Information sharing
85
Preventing System Misuse
87
Liabilities caused by employees
88
Employee liability to employers
89
Liability associated with other classes of system operators and users
92
Harassment
94
Defamation
95
Financial disclosures
97
Personal data
98
Trade secrets
101
Export Controls
103
Antitrust and competition law
104
Acceptable use standards
105
Monitoring of employees
108
Due diligence in hiring training and termination
111
Contractors and business partners
112
Deliberate misuse versus inadvertent conduct
113
Insurance
114
Acceptable use standards
115
Coordination with other company policies
116
Reporting obligations
117
Guidelines for system monitoring by employers
118
Contract law
132
Consumer protection rules
133
Civil liberties
135
Privacy practices
136
Privacy practices and procedures for personal information
139
Transfer controls
140
Protecting Intellectual Property Digital Rights Management
141
Workforhire
142
Copyright piracy
143
Regulating copyright circumvention technologies
144
Opensource content
146
Peertopeer content sharing
147
Unking framing and cached content
149
Domain name management
152
Metatags keywords and Web search systems
154
Property rights claims
156
Business method patents
157
Trade secrets
159
Managing copyrighted material
160
Trademark management strategies
162
Mandatory use of licenses
163
Managing trade secrets and other proprietary material
164
Preserving ECommerce Transaction Integrity
165
Key elements of electronic contracts
166
Digital signatures
168
Certification authorities
170
Payment processing
172
Transaction documentation
174
UCITA
175
Notices and clickthrough agreements
178
Taxation
179
Contraband and illegal products
181
Dispute resolution
182
Creating enforceable commercial contracts
185
Onscreen notices
186
Documenting ecommerce transactions
188
Proof of payment
189
Legal guidelines for use of electronic signatures
190
Legal checklist for certification authorities
192
Information privacy obligations
193
OnLine Exchanges Auctions and Outsourcing
195
Managing trade secrets in commercial exchanges
196
Antitrust and competition law for trading exchanges
197
Auction fraud
203
Auctioning regulated products
205
Intellectual property in online auctions
208
Property rights for information
210
Rights and duties of a provider of outsourced services
211
Legal guidelines for online auctions
214
Multijurisdictional compliance
215
Legal principles for online commercial exchanges
216
Managing legal compliance for outsourced services
217
Monitor performance
218
Conclusion Future Trends and Challenges
219
Diversity of content and applications
221
Distributed computing
222
Online communities for collaborative commerce
223
Increasing regulation and multijurisdictional compliance
224
Selfdefense in the digital marketplace
225
Security as a management issue
226
Security as a competitive advantage
227
Selected Bibliography
229
About the Author
239
Index
241
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Istilah dan frasa umum

acceptable use standards actions antitrust law applied associated auction operators authorized users business method patents buyer certification authorities client commercial transactions competition law compliance comply computer network computer system conduct contract law contractors court create damages denial-of-service attacks develop digital marketplace digital signature disclosure dispute distribution documents domain name e-commerce effective electronic commerce electronic records electronic signatures employees enforce ensure example exchange Failure guidelines HIPAA illegal implement individual information privacy intellectual property Internet involved ISPs issue jurisdictions law claims legal claims legal rights license material ment misuse monitoring Napster obligations on-line auction open-source organization outsourced peer-to-peer penalties personal information privacy practices private parties property law protection raise records management regulations requirements result risk security breaches seller service providers specific system owner system users termination of employment tion tort trade secrets trademark UCITA unauthorized access United violations

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Informasi bibliografi

JudulSecurity, Rights, and Liabiities in E-Commerce
PengarangJeffrey H. Matsuura
PenerbitArtech House, 2001
ISBN1608071820, 9781608071821
Tebal270 halaman
  
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