ICT_Legal (2012) pt 1

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ICT and the Legal Stuff Copyright, Hacking, Plagiarism, etc.:

ICT and the Legal Stuff Copyright, Hacking, Plagiarism, etc. Part 1: Overview, Copyright, Data protection DJL

Focus:

Focus You should be able to: Describe some of the ways in which activities that involve the use of ICT require attention to legal and/or ethical considerations. Identify some of the relevant statutes

Modelling a safe, legal ICT environment:

Modelling a safe, legal ICT environment Appropriate use include being positive and active Responsibility to self & to others Copyright awareness (respect for others) Heath, safety and environment Data protection and management Robust systems and practices

Is and ought:

Is and ought The way the law is … … and debates about the way the law ought to be. e.g. Cory Doctorow on Piracy and Copyright

Changes in practice and behaviour:

Changes in practice and behaviour None are especially new, just facilitated… Copy & Paste Remixing intellectual property Hacking (old) vs. Hacking (new) Anti-social habits (harassment of all kinds) Deliberate vs. inadvertent, but “ignorance is no excuse”. Public vs. private Flaming Godwin’s Law Twitter !

Ways to break the law or act unethically with ICT :

Ways to break the law or act unethically with ICT Fraud Theft Copying Obscenity Racism Libel Blackmail Inadequate working conditions Intimidation/ harassment Hacking/cracking Passing off/plagiarism Invasion of privacy Stalking Blasphemy Sedition Inadequate adjustments for disabilities

Recent legislation covering potential issues:

Recent legislation covering potential issues Copyright, Designs and Patents Act 1988 Data Protection Act 2000 Computer Misuse Act 1990 Human Rights Act 1998 Telecommunications (Fraud) Act 1997 Race Relations Act 1976 Criminal Justice Act 1988 / 1993 Criminal Justice and Public Order Act 1994 Etc. Regulation of Investigatory Powers Act 2000 Freedom of Information Act 2000 Digital Economy Act 2010 ( faltering ) Protection of Children Act 1999 Disability Discrimination Act 1995 & 2005 Libel: Defamation Act 1996 ( example ) Hate speech: Public Order Act 1986 (2008) ( example – xcheck here , note confusion ) Communications Act 2003 ( example ) Criminal Justice and Public Order Act 1994 ( example )

Copyright, Design and Patents Act (1988):

Copyright, Design and Patents Act (1988 ) Introduced to protect people who have created original pieces of work . Books, Music, Films, Games, Applications etc. 2 main purposes of the Act: To ensure people are rewarded for their endeavours. Protection for 70 years after death or first publication (50 years for computer-generated work … but what is ‘ computer-generated ’?) Exceptions for some works created before 1957 It is a private right, initially owned by the creator but which can be re-assigned.

Intellectual Property:

Intellectual Property Intellectual Property No specific laws as such but a collection of rights: Patents Trade marks Copyright Design Registration A contested concept. E.g. “physical property is generally rivalrous (there’s a finite amount) while intellectual works are non- rivalrous ” (copies are endless).

Copyright breaches and crimes:

Copyright breaches and crimes Copyright is generally a private right – only you or the copyright owner can take action (‘commercial scale’ can be different – e.g. counterfeits). Breach results from the following acts without permission: Copying, distributing, lending, renting, public display, translating, adapting, transcribing, recoding … Counterfeiting (fakes) Piracy (copies)

Corporate Rights!:

Corporate Rights! http:// www.digitalspy.co.uk/odd/news/a433875/warner-bros-sues-scooby-snax-essex-chip-shop-over-copyright.html http:// www.nme.com/news/various-artists/60499 copyright infringement sue images copyright infringement sue music It’s wild out there! Some more immediate cases to think about.

Scenarios: Uploading images:

Scenarios: Uploading images When uploading online, which of the following breaks the law ? Uploading photos of celebrities in a public place taken by you Uploading photos of celebrities taken by another person Uploading an iconic image within copyright (with or without crediting the owner) Uploading an iconic image out of copyright (with or without crediting the owner) Uploading current popular song lyrics / guitar tabs to a personal website or social network

Data Protection:

Data Protection Background Data Protection Act 1998 (amended 2003) Information Commissioner’s Office Data Protection Privacy and Electronic Communications Freedom of Information See also: http://www.dataprotectionact.org / See also: gov.uk

8 Protective Principles:

8 Protective Principles Personal data that is processed must be: fairly and lawfully processed; processed for limited purposes; adequate, relevant and not excessive; accurate and up to date; not kept for longer than is necessary; processed in line with your rights; secure; and not transferred to other countries without adequate protection. " data which relate to a living individual who can be identified:- * from those data; or * from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual" The principles in detail ( look for exemptions )

8 Subject Rights:

8 Subject Rights Safeguard yourself! Access Accuracy Prevent processing Prevent marketing Prevent automated decision making Man's £18k payout after ex-girlfriend viewed his medical records Michael Douglas and Catherine Zeta-Jones sue over wedding photos

Scenario: what should a school do?:

Scenario: what should a school do? Principle 7: Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

PowerPoint Presentation:

END

PowerPoint Presentation:

From Cardiff University Material subject to copyright Original literary, dramatic, musical or artistic works; sound recordings, films, broadcasts and cable programmes; electronic works; the typographical layout of published editions (i.e. printed pages, whether text or music). Literary works include computer software and databases as well as all the more traditional forms of writing. Work must be original, though the interpretation is very wide, for example railway timetables are regarded as literary works under the Act. A database is a compilation in any form, print or non-print , but its selection or arrangement must be the author’s own intellectual creation and it is protected for 15 years from the latest substantial revision. Dramatic works include dance or mime. An opera will have both dramatic and musical copyright, as well as literary copyright in the libretto. Artistic works are widely defined by the Act and include paintings, drawings, photographs and engravings; sculptures and collages; maps, charts and plans; works of architecture; and works of artistic craftsmanship. Electronic works include both material created in electronic form, such as computer software, and material stored by electronic means, such as scanning and material available online .

Cases:

Cases

1/5 Appropriate/inappropriate use :

1/5 Appropriate/inappropriate use A pupil is looking at a football website during lesson time (or worse) instead of writing up her science experiment. A secretary does his personal shopping on the Internet using the office computer. A pupil sends an offensive text to another pupil.

2/5 E-Safety/Personal safety :

2/5 E-Safety/Personal safety There are photographs of sports day on the school website A pupil receives an e-mail from a music company asking for his phone number Pupils have e-mail addresses containing their name and the school name

3/5 Data protection:

3/5 Data protection An insurance company asks for details of a teacher’s salary over the phone A parent wants to contact the mother of her son’s friend and asks for her mobile phone number The doctor’s surgery asks the office to confirm the identity of a pupil’s carers

4/5 Copyright :

4/5 Copyright Music digitised from a record is used as background in a child’s multimedia presentation A teacher asks for worksheets to be made incorporating a picture from a CD-ROM A pupil’s geography project uses material she found on a university website

5/5 Heath and safety:

5 /5 Heath and safety A teacher brings in her scanner from home to use in the classroom A pupil has to crane his neck to see the computer screen Preparing a classroom pack takes a classroom assistant over three hours working at the computer

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