LECTURE 05

IP Theft, Cyber Law

Course: Introduction to New Media
Course code: NM401
Course Instructor: Khansa Tarar
Khansa Tarar

4/10/15

Intellectual Property Theft

Intellectual property (IP) theft is defined as:
Theft of material that is copyrighted,
the theft of trade secrets,
and trademark violations.

Khansa Tarar

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What is Copyright
A copyright is the legal right of an author, publisher, composer, or
other person who creates a work to exclusively print, publish,
distribute, or perform the work in public.

Examples of copyrighted material commonly stolen online

are computer software, recorded music, movies, and electronic
games.

Khansa Tarar

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What do we mean by Trade

Secrets
Theft of trade secrets means:
The theft of ideas, plans, methods, technologies, or any sensitive
information from all types of industries including manufacturers,
financial service institutions, and the computer industry.

Theft of trade secrets damages the competitive edge

and therefore the economic base of a business.

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Trade Mark
A trademark is the registered name or identifying symbol
of a product that can be used only by the product's owner.
A trademark violation involves counterfeiting or copying
brand name, logos, symbols, such as well-known types of
shoes, clothing, and electronics equipment and selling them
as the genuine or original product.

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Contd
The two forms of IP most frequently involved in cyber crime are copyrighted
material and trade secrets.
Piracy is a term used to describe IP theftpiracy of software, piracy of music,
etc. Theft of IP affects the entire U.S. economy.
Billions of dollars are lost every year to IP pirates. For example, thieves
sell pirated computer software for games or programs to millions of
Internet users. The company that actually produced the real product
loses these sales and royalties rightfully due to the original creator.

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Contd
Intellectual property pirates use the computer to steal vast amounts of
copyrighted material and cause severe damage to the victimized companies.
IP pirates never have to make sales in person or travel, their costs are minimal,
and profits are huge.
Internet pirates target the online shoppers who look for discounted, but
legitimate, products. They do so by emails and Internet advertisements that
seem to be the real thing.
Not just individuals, but companies, educational institutions, and even
government agencies have been tricked by IP pirates into buying stolen goods.

Khansa Tarar

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Do You Know!
Pirated digital copies of copyrighted work transmitted
over the Internet are known as "warez."
Warez groups are responsible for illegally copying and
distributing hundreds of millions of dollars of copyrighted
material.

Khansa Tarar

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Cyber Stalking
Cyberstalking is use of the Internet and email to "stalk"
another individual.
In 2000 the Working Group on Unlawful Conduct
Involving the Use of the Internet, an agency appointed
by President Bill Clinton (1946; served 19932001)
reported on a popular example of Internet stalking.

Khansa Tarar

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Cyber Security
Achieving cyber-security depends upon the security
practices of each and every networked country, business
and citizen.
To guard against the sophisticated skills of cybercriminals, a global culture of cybersecurity needs to be
developed. This will require not only good policing and
legislation but also acute threat awareness and
development of tough ICT-based counter measures.
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Cyber Law
Cyber law is the intersection of technology and law.
Controversy exists in that one school of thought thinks that
the technology should not (or can not) be regulated.
Cyber law encompasses a wide variety of political and
legal issues related to the Internet and other
communications technology, including intellectual
property, privacy, freedom of expression, and
jurisdiction.
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Cyber Law
Cyber law has been a vibrant field in which numerous
developments took place in the year 2001 on the global
level.
Cyber law tends to addresses a more definitive,
regulated and orderly cyberspace and towards evolving
the regulated code of conduct for online activities in the
context of electronic mediums around it.

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ITU
ITU-D (Development Bureau) has been mandated to:
Enhance security and build confidence in the use of public networks for
eservices/applications.
Provide assistance to Member States in developing laws and model
legislation for eservices/applications, prevention of cyber crime, security,
ethical issues and data privacy.
Identify security requirements and propose solutions for the
development of secure IP infrastructure for e-services/applications on
various types of networks using relevant technologies.
Develop tools to facilitate the exchange of best practices on IT security,
legal issues related to the areas of activity of this Programme.
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US Initiatives
US Government Initiatives to Combat Cyber crime:
Department of Homeland Security's National Infrastructure Coordinating Center:
(report incidents relating to national security and infrastructure issues).
U.S. Computer Emergency Readiness Team (U.S. CERT) (online reporting for
technicians)
Internet Fraud Complaint Centre (IFCC) (online reporting for Internet related
crime).
National Association of Attorney General's Computer Crime Point of Contact List (all
state related cyber questions).
Digital Millennium Copyright Act - the epidemic law that outlaws not only software
piracy but also the activities that help it.
Uniform Computer Information Transactions Act
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Cyber Police
Cyber police in China have been at work in three areas:
Firstly, the police folks patrol areas where crimes frequently occur to warn
cyber criminals.
Secondly, users can find, by clicking on icons of police folk, information on
rules and regulations of cyber space management and typical online criminal
cases.
In a few months, the police icons have received an accumulated 100,000 clicks,
provided more than 600 legal consultations and received more than 1,600
reports on online crimes, 235 of which have been proved effective. - The virtual
reality cops are also responsible for receiving online crime reports from users
and providing legal consultations concerning cyber crimes.
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International Treaties
Following are the stronger International Fora for Cyber Crime:
Two treaties, negotiated under the auspices of the World Intellectual
Property Organization (WIPO), the Copyright Treaty of 1996 and the
Phonograms and Performers Treaty of 1996 attempt to interpret
traditional rules of copyright in the new internet environment. These
are implemented in the US, the European Union (EU), Canada and
other countries.
The Council of Europe Convention on Cyber Crime in 2001 was the
first international initiative on computer crime. It has been signed by
37 States and entered into force in July 2004.
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Contd
OECD-APEC Global Forum: Policy Frameworks for the
Digital Economy The Organization for Economic
Cooperation and Development (OECD) announced on
August 7, 2002 the completion of "Guidelines for the
Security of Information Systems and Networks: Towards a
Culture of Security." These guidelines, which replace the
original guidelines published in 1992, provide a set of
principles to help ensure the security of today's
interconnected communications systems and networks.
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Cyber Law: A Reality Check

International IP law is practically non-existent.
The world itself becomes a big courtroom when cyber crimes across
geographic boundaries take place.
Because of the global nature of the internet, the clarity as to which court
would have the exclusive jurisdiction to try the case is missing.
Thirdly litigation and the legal systems in different countries are
different and can be extremely expensive
And there is considerable doubt relating to the efficacy of decisions given
by the courts of one jurisdiction on a global level and the sanctions are
questionable.
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Class Debate

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