Wednesday, March 09, 2005

Saq13:Related Philippine Law

1. Are you in favor of the enactment and enforcement of laws that will regulate and control the use of computer technology? Why or why not? Defend your answer.

Yes, I’m in favor of the enactment and enforcement of laws that will regulate and control the use of computer technology. Using computer technology it will give the user too much benefits. In a way that we can use it for faster transaction, to have a communication, to advertise, to come up with a new knowledge, to discover new things like researching, to gain money, to have online study and to have a job. But computer technology could harm as too, if there is no law that will control the use of computer technology. It can damage one’s property, one’s reputation and many other else. Computer technology can be used to a war. Like Mr. Isagani Osio said, it can launch missiles to annihilate human lives and we don’t want this to happen. Country to country can declare war using computer technology. Sometimes being in a computer world (internet) is not a private anymore because there are too many hackers that could easily destabilize your work or data. If there is no law controlling the use of computer technology many users will violate the law. Many cases of computer crimes will be unresolved. And in my opinion I will not use the computer technology anymore because I don’t trust it. It will just give me pain.

2. If you were to decide the case of Landmark Hacking, what will be your judgment? Support your answer.

Leilani Garcia is not guilty. Impact she is authorized to access the computer systems of Thames International Business School that was provided by Cesar Maňalac. She has a password. I ‘am in favor that Maňalac is just using her for his own benefit or to cover up with his case. In this case intrusion allegedly happened last December 17,24,25,31, 2000 and January 1, 2001. My question is that why Cesar Maňalac IT support Chief of Thames did not notice that earlier and did not file administrative case against her when she was still working with the company? Miss Garcia is a school system supervisor from January 29, 2000 until her resignation in March 23, 2001. As a supervisor she knows what is done or practices in that company. If Miss Garcia is guilty about this and she is the only one who’s doing it, the company must issue a violation against Garcia. In this case the company does not comply with the Standard Operating Procedures that ones an employee violate procedures in that company she will be punish and charge. There is a sanction. I just think that ones you are a member of one orgnization it is your privilege to access their account.

Tuesday, March 08, 2005

Saq12: Computer Crimes

Saq12: Computer Crimes

1.From the cases summarized above, explain what constitutes a computer crime.

For me, ones they abuse their right as a user, access files which he/she is not allowed to access and damage ones file so as he/she stored data, retrieve or intercept, defraud, harm, alter data or computer software, delete files from the origin then it constitutes a computer crime. If the action affects many users so as to incur stolen services, money, property and ones right it will also constitute computer crimes. Ones a user begun to be selfish, their mind is full of evil thoughts and think only their own benefits so us to revenge and to gain money then it will be considered a crime. In short if one user is affected by other users’ action and damage things, then it will constitute a computer crime because it will violate the law in the land.

2. Discuss at least three other examples of computer crimes.

Child Pornography

Through the use of spam email nude photos can be sent trough attachment and transferred it to the innocent victims without knowing who send it. It degrade one’s personality ones it is published in the internet. Many websites appear to contain child pornography and even adult pornography. Both known and unknown women are abused. They are published in nude photos even it is altered. I know women are degraded in this situation, they been harassed, but I know they can handle the situation as far as I’m concern. Now we will talk about child pornography or Child Erotica” (i.e. children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct.) Child Erotica is definitely illegal and very unethical. They are very innocent to be published in the internet.
Child pornography as “any image depicting a minor engaged in sexual conduct.” Sexual conduct is defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.” http://www.flsenate.gov
The children are innocent to be published in the internet. Do they have future ones they are published in nude photos? I doubt it, because I think they will suffer a lot of pain. They will be in traumatic experience, and so it’s too hard to forget what is past.

Cyberstalking

Cyberstalking as "engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. This is used for blackmail or entrapment. Stalking of any kind creates serious danger and trauma for its victims. Frequently, stalking or cyberstalking takes place as part of a continuum of other crimes of sexual violence or interpersonal violence. Stalking is used to gain information about a victim that gives the perpetrator a sense of power and helps the perpetrator plan opportunities to commit other assaults. Stalking is also used by perpetrators to harass and intimidate victims. Often stalking precedes kidnapping, homicide or sexual battery, so intervention and safety planning are essential for stalking victims.

Phishing


Phishing is the distribution of 'spoofed' e-mail messages with return addresses, links, and branding which appear to come from banks, insurance agencies, retailers, credit card companies, and other legitimate businesses but it is just a faked one. Many are deceived because at first it is just like an original one. “Parang Totoo”. That’s why some have trust to do these things. But they don’t know it is a strategy to steal. Phishing is done to get the things, money and information they needed to a particular user or victim. These fraudulent messages are designed to trick the recipients into disclosing personal information authentication data such as account usernames, passwords, credit card numbers, social security numbers, and home addresses. Most of these e-mails look “official,” and as a result, recipients often respond to them, resulting in financial losses, identity theft, and other fraudulent activity.

Friday, March 04, 2005

Saq 11: Intellectual Property Rights

From Wikipedia, the free encyclopedia.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. In law, particularly in common law jurisdictions, intellectual property is a form of legal entitlement which allows its holder to control the use of certain intangible ideas and expressions. The term intellectual property reflects the idea that once established, such entitlements are generally treated by courts, especially in common law jurisdictions, as if they were tangible property. The most common forms of intellectual property include patents, copyrights, trademarks, and trade secrets.

Common types of Intellectual Property

•A copyright is a form of intellectual property that grants its holder the sole legal right to copy their works of original expression, such as a literary work, movie, musical work or sound recording, painting, computer program, or industrial design, for a defined period of time. Typically, works must meet minimal standards of originality in order to qualify for a copyright, and the copyright expires after a set period of time.

Rights of copyright holder

A copyright holder typically has exclusive rights:
•to make and sell copies of the work (including, typically, electronic copies)
•to import or export the work
•to make derivative works
•to publicly perform/display the work
•to sell or assign these rights to others

•Patents give the holder an exclusive right to prevent third parties from commercially exploiting an invention for a certain period, typically 20 years from the filing date of a patent application. The term "patent" originates from the Latin word patere which means to lay open (to public inspection) and the term letters patent, which originally denoted royal decrees granting exclusive rights to certain individuals or businesses.

•Trademarks are distinctive names, phrases or marks used to identify products to consumers. Trademarks, which are almost always only enforceable against competitors in the same product market, and only against certain limited commercial uses.

A trademark (Commonwealth English: trade mark)[1]
(http://en.wikipedia.org/wiki/Trademark#fn_styling) is conventionally a distinctive sign of some kind, whether that sign comprises a name, word, phrase, logo, symbol, design, picture, styling or a combination of one or more of these elements. A trademark is used by a business to identify itself and its products or services to consumers, and to set itself and its products or services apart from other businesses. A trademark is a type of intellectual property, and in particular, a type of industrial property.

Case of Whelan vs. Jaslow

The decision of the court is right and it must be in favor of Jaslow, although Ms. Whelan used different programming language. In this situation Ms. Whelan has a motive to infringe and to copy the structure, sequence and organization of Jaslow because she spend too much time to study Jaslow Dental Lab program for modification, which makes her action unethical. There’s no originality. It’s confusing why it’s the same and as far as I know, different companies have different programs too. I doubt that both companies have the same idea regarding the design, structure, sequence and organization of the program. Infact, my question is that what is her reason why she study it? For further review or to gain personal gratification. I know Ms. Whelan has a good intention, to do the best that she could than her competitors. That’s why she study and made a new version of that program, and use it for new innovation, to be more advance than Jaslow Dental Lab, but her action is unethical because it infringe ones intellectual property.

•Case of Computer Associates vs. Altai

Actually I don’t believe the court decision in favor of Altai. Since the ex-programmer copied 30% of the code similar to the program of Computer Associates, still there is an infringement of intellectual property here. Who knows, maybe Altai give the program of the Computer associates to the ex-programmer to study it and make some modification, improved it and do the best. And who knows, the ex-programmer found out that there are too many loop holes in the program of Computer associates that’s why he/she revised it. That’s the first version of Altai program. Altai know that they will violate intellectual property in that particular time because as a strategy they wrote a second version of that program using programmers not familiar with computer associates program. That’s a good strategy, to fool the court that there is no infringement done. I think they won in this battle. Program must have originality. If I’m not mistaken it is there weapon to cover up what they did in the 1st version of their program, that’s why they wrote a second version of it. I’m not in favor of the court decision.

•Case of Apple vs. Microsoft

I am really confused about Copyright. I think there is no clear procedures, guidelines or basis on how to judge this particular cases in terms of graphical user interface. Since anybody can do the same graphical design I agreed with the court. I agreed with Bryan Ceniza in his car example. Of course all the car and jeep are the same. The maker of that car or jeep cannot be sued by another maker, that he/she infringe the design of it because all cars are the same but they have different accessories and others. I think originality in the case of graphical user interface (GUI) is not important.

•Case of Lotus vs. Paperback Software, Mosaic Software and Borland
There is no infringement of Intellectual Property in the case of Paperback Software, Mosaic Software and Borland for me, because there is no copying of codes. They are all original and authenticated. I just think that Lotus sued them because they want to gain money. They will use it for companies gratification.