Legal Obligations of Technology Service Providers as IntermediariesEquiCorp Associates
A database of millions of customers including their contact details are found freely accessible online and are available for sale at a very nominal price at various online social media platforms has brought a serious and basic question in focus- who all can be held responsible and accountable for such unauthorize and illegal acts?
Prima facie, the person who is selling the database is responsible under the eyes of law, but do the technology services providers or the platform where such database is been listed, owes any obligation to the customers and can be held responsible for unauthorized acts by a third party on their platform?
The intermediaries play a very important role in the enforcement of various provisions under the IT Act. In any technology services, there are multiple players involved in provision of services such as setting up web page or website, ISP providing internet connectivity, service provider for registration of domain name and hosting the domain, different service provider for uploading the web pages etc
Anti-circumvention and ISP liability provisions in Free Trade Agreements.blogzilla
The document discusses anti-circumvention provisions and ISP liability in US and EU free trade agreements. It notes that US FTAs include anti-circumvention and ISP liability rules similar to the DMCA and EU directives. Critics argue these provisions shift the balance too far towards copyright holders, limit access to information for developing countries, and could harm development. ISP liability in FTAs provides limitations similar to safe harbors in the DMCA and ECD, but some argue some recent FTAs go too far for developing nations.
Strengthening the Great Cyber-Wall of China — An Effort in Protecting the Mas...Terrance Tong
China’s recent cybersecurity laws have been cited by the government as internet and personal data protection milestones, while being viewed with suspicion by foreign multinationals as potentially increasing compliance costs. The one certain thing is that the Chinese government
is succeeding in exercising more control and oversight over cyberspace.
The document outlines Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which defines and penalizes cybercrimes such as illegal access, cybersex, and libel. It establishes the Cybercrime Investigation and Coordinating Center to investigate cybercrimes and allows law enforcement to collect traffic data with a court order. The law was controversial due to introducing internet libel as an offense and was temporarily blocked by the Supreme Court.
The Philippine Cybercrime Prevention Act of 2012Jim Ayson
The document is a draft bill for the Cybercrime Prevention Act of 2012 being considered by the Senate of the Philippines. It aims to define cybercrime offenses and provide for the prevention, investigation and punishment of such offenses. Some key points covered include defining terms related to computers, computer data and systems; classifying illegal access, interception and interference with computer systems and data as cybercrime offenses; and clarifying the role of service providers in relation to interception or monitoring of communications data.
New FAR Clause Establishes Minimum Data Security Requirements for Federal Con...Patton Boggs LLP
The Federal Acquisition Regulation (FAR) Council has proposed a new clause that establishes minimum data security requirements for federal contractors. The clause requires contractors to implement seven basic cybersecurity safeguards to protect nonpublic government information, such as access controls, encryption, media sanitization, and malware protection. While general, the new requirements will obligate contractors to review their IT systems, facilities, employee practices, and subcontractors to ensure compliance. The Department of Defense and General Services Administration already have their own, more specific cybersecurity rules for contractors that take precedence over the new FAR clause.
Personal Data Privacy and Information SecurityCharles Mok
The document discusses personal data protection, privacy, and information security issues in Hong Kong. It provides an overview of Hong Kong's Personal Data Protection Ordinance, which regulates the handling of personal data and establishes six data protection principles. It notes incidents of data leakage in Hong Kong and emerging issues around topics like social media, online anonymity, and information security threats potentially posed by governments. Resources on privacy and information security in Hong Kong are also listed.
The document discusses protests against sections of the Philippines' Cybercrimes Prevention Act (CPA) as unconstitutional and infringing on free speech. Specifically, sections relating to online libel and aiding those who spread libelous content online are criticized as too vague and limiting of free expression. While the government maintains the law is needed to address cybercrimes, internet users and journalists argue certain sections need amendment to avoid misinterpretation and limiting legal online discourse. The Supreme Court has issued a temporary restraining order on the assailed sections until the petitions questioning them are resolved.
Legal Obligations of Technology Service Providers as IntermediariesEquiCorp Associates
A database of millions of customers including their contact details are found freely accessible online and are available for sale at a very nominal price at various online social media platforms has brought a serious and basic question in focus- who all can be held responsible and accountable for such unauthorize and illegal acts?
Prima facie, the person who is selling the database is responsible under the eyes of law, but do the technology services providers or the platform where such database is been listed, owes any obligation to the customers and can be held responsible for unauthorized acts by a third party on their platform?
The intermediaries play a very important role in the enforcement of various provisions under the IT Act. In any technology services, there are multiple players involved in provision of services such as setting up web page or website, ISP providing internet connectivity, service provider for registration of domain name and hosting the domain, different service provider for uploading the web pages etc
Anti-circumvention and ISP liability provisions in Free Trade Agreements.blogzilla
The document discusses anti-circumvention provisions and ISP liability in US and EU free trade agreements. It notes that US FTAs include anti-circumvention and ISP liability rules similar to the DMCA and EU directives. Critics argue these provisions shift the balance too far towards copyright holders, limit access to information for developing countries, and could harm development. ISP liability in FTAs provides limitations similar to safe harbors in the DMCA and ECD, but some argue some recent FTAs go too far for developing nations.
Strengthening the Great Cyber-Wall of China — An Effort in Protecting the Mas...Terrance Tong
China’s recent cybersecurity laws have been cited by the government as internet and personal data protection milestones, while being viewed with suspicion by foreign multinationals as potentially increasing compliance costs. The one certain thing is that the Chinese government
is succeeding in exercising more control and oversight over cyberspace.
The document outlines Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which defines and penalizes cybercrimes such as illegal access, cybersex, and libel. It establishes the Cybercrime Investigation and Coordinating Center to investigate cybercrimes and allows law enforcement to collect traffic data with a court order. The law was controversial due to introducing internet libel as an offense and was temporarily blocked by the Supreme Court.
The Philippine Cybercrime Prevention Act of 2012Jim Ayson
The document is a draft bill for the Cybercrime Prevention Act of 2012 being considered by the Senate of the Philippines. It aims to define cybercrime offenses and provide for the prevention, investigation and punishment of such offenses. Some key points covered include defining terms related to computers, computer data and systems; classifying illegal access, interception and interference with computer systems and data as cybercrime offenses; and clarifying the role of service providers in relation to interception or monitoring of communications data.
New FAR Clause Establishes Minimum Data Security Requirements for Federal Con...Patton Boggs LLP
The Federal Acquisition Regulation (FAR) Council has proposed a new clause that establishes minimum data security requirements for federal contractors. The clause requires contractors to implement seven basic cybersecurity safeguards to protect nonpublic government information, such as access controls, encryption, media sanitization, and malware protection. While general, the new requirements will obligate contractors to review their IT systems, facilities, employee practices, and subcontractors to ensure compliance. The Department of Defense and General Services Administration already have their own, more specific cybersecurity rules for contractors that take precedence over the new FAR clause.
Personal Data Privacy and Information SecurityCharles Mok
The document discusses personal data protection, privacy, and information security issues in Hong Kong. It provides an overview of Hong Kong's Personal Data Protection Ordinance, which regulates the handling of personal data and establishes six data protection principles. It notes incidents of data leakage in Hong Kong and emerging issues around topics like social media, online anonymity, and information security threats potentially posed by governments. Resources on privacy and information security in Hong Kong are also listed.
The document discusses protests against sections of the Philippines' Cybercrimes Prevention Act (CPA) as unconstitutional and infringing on free speech. Specifically, sections relating to online libel and aiding those who spread libelous content online are criticized as too vague and limiting of free expression. While the government maintains the law is needed to address cybercrimes, internet users and journalists argue certain sections need amendment to avoid misinterpretation and limiting legal online discourse. The Supreme Court has issued a temporary restraining order on the assailed sections until the petitions questioning them are resolved.
This document is the Cybercrime Prevention Act of 2012 from the Philippines. It defines cybercrime and establishes punishments for illegal computer access, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, fraud and identity theft, cybersex, child pornography, unsolicited commercial communications, and libel committed through computer systems. It assigns the National Bureau of Investigation and Philippine National Police to enforce cybercrime laws and authorizes them to collect traffic data in real-time related to communications with a warrant. Corporations can also face liability and fines if cybercrimes are committed on their behalf.
Information technology and law and traiHimanshu Jawa
The document discusses key aspects of information technology and telecommunications law in India. It provides an overview of the Information Technology Act 2000 and the Telecom Regulatory Authority of India (TRAI) Act 1997. The IT Act aims to provide a legal framework for e-commerce and digital transactions. TRAI was established to regulate the telecom sector and ensure consumer interests are protected. The document outlines important sections of the IT Act regarding cybercrimes and data privacy. It also explains the purpose and functions of TRAI in regulating tariffs and resolving disputes in the telecom industry.
1. Yes, an email can be considered a legal document under Philippine law. Section 11 of the E-Commerce Law of the Philippines specifies requirements for electronic documents and data messages to be considered valid, including maintaining integrity and being able to be authenticated.
2. For an electronic document to be accepted as a legal document, it must maintain integrity and reliability, remain complete and unaltered, and be reliable according to the purpose for which it was generated, as specified in Section 7 of the E-Commerce Law.
3. Yes, it is legal to create electronic contracts agreed by both parties under Section 38 of the E-Commerce Law, which allows provisions of the law to be varied by agreement of
What's new with Cybersecurity in Singapore? Abraham Vergis
This document discusses cybersecurity issues in Singapore and the new Cybersecurity Bill. It summarizes recent major cyber attacks like WannaCry that disrupted companies and government services. The bill aims to regulate critical infrastructure, empower the Cyber Security Agency of Singapore to respond to threats, facilitate sharing of cybersecurity information, and license cybersecurity service providers. The bill establishes baseline standards for protecting information that law firms must exceed due to risks of hackers interfering with confidential international dispute information.
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
This document discusses cybercrime laws in the Philippine and United States settings. In the Philippines, there are several types of cybercrimes outlined including illegal access, unauthorized interception of data, data interference, and system interference, each carrying penalties of imprisonment from 6 years to 12 years and fines. United States cybercrimes include online gambling, intellectual property theft, harassment, fraud, viruses/malware, denial of service attacks, and cyber terrorism. Cybercrimes within organizations can involve email abuse, spam, defamation, code theft, information leaks, personal data theft, unauthorized computer use, and porn/external attacks.
Cybersecurity & Data Privacy 2020 - Introduction to US Privacy and Data Secur...Financial Poise
There is no federal law governing privacy and data security applicable to all US citizens. Rather, individual states and regulatory agencies have created a patchwork of protections that may overlap in certain industries.
This webinar provides an overview of the many privacy and data security laws and regulations which may impact your business, from the state law protecting personal information to regulations covering the financial services industry to state breach notification laws.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-2020/
Yar Chaikovsky ABA Section of Intellectual Property Law Division VII — Infor...Yar Chaikovsky
This document summarizes a report from the ABA Section of Intellectual Property Law's Committee 711 on Online Security & E-Privacy. The committee did not propose any resolutions in its second year. It is planning a CLE seminar on data breach notification for an upcoming ABA conference. The document then summarizes a subcommittee report on spyware that discusses defining spyware and existing federal spyware laws, including the Wiretap Act and Computer Fraud and Abuse Act. It notes there was no consensus to propose a resolution on spyware legislation.
Mobile: Location Privacy and Apps_Michael HanleySara Quinn
Part of the Mobile Communications Resource Center, this is one of several presentations created by Michael Hanley for Ball State University's College of Communication, Information and Media. All rights are reserved.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
The document discusses cyber law in India, including the Information Technology Act 2000 and its 2008 amendment. It provides an overview of cyber law and defines it as laws related to internet and technology. It then summarizes key aspects of the IT Act 2000 such as recognizing electronic records and digital signatures. It outlines various cyber crimes and penalties covered in the act. It also summarizes the objectives and features of the act. Finally, it discusses the IT Amendment Act 2008 and changes it introduced like replacing digital signature with electronic signature and introducing laws around data privacy and intermediary liability.
This document discusses cyber risk and cyber insurance for community associations. It notes that cyber insurance is becoming essential for all businesses, including community associations, in every industry. It defines what a cyber breach is and notes that they can involve unauthorized access to electronic or non-electronic personal data. The document estimates that the costs of responding to a breach, including forensic examination, notification, credit monitoring, fines, and establishing an information security program, can be substantial. It outlines common types of coverage provided by cyber insurance policies, including liability coverage, regulatory defense expenses, breach response expenses, and crisis management. It debunks some myths about cyber risk exposure for community associations.
The document discusses the Cybercrime Prevention Act of 2012 in the Philippines. It begins with background on the "I LOVE YOU" computer virus in 2000 that prompted the first cybercrime law. It then summarizes key aspects of RA 10175, including punishable cybercrimes, penalties, enforcement authorities, and international cooperation provisions. Examples are given of types of cybercrimes prosecuted under the act such as identity theft, cyberbullying, and an online sexual exploitation case. The document provides an overview of the Philippine government's efforts to address cybercrime through laws and law enforcement agencies.
A study on internet libel in the philippines (2)Geritt Contillo
1) The Philippines has no specific law on internet libel, but libel committed through any "similar means" to those outlined in Article 355 could apply, including the internet.
2) For libel to apply, the statement must be defamatory, malicious, given publicly, and identify the victim. All elements must be present.
3) Service providers are generally not liable for users' content unless they have actual knowledge, receive financial benefit from unlawful acts, or directly commit infringement.
This act provides for the legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. It aims to facilitate domestic and international dealings through electronic means. Key points include:
- It defines electronic signatures, documents, data messages and other terms.
- Electronic documents and signatures are given the same legal validity as traditional paper-based ones.
- It covers the formation of electronic contracts and attribution of electronic messages.
- The government is mandated to enable e-commerce capabilities within two years and develop RPWeb to connect government offices online.
- Service providers face liability in certain cases. Hacking of electronic documents is a punishable offense.
This document discusses cyber laws and digital evidence discovery in Pakistan. It outlines several key Pakistani statutes related to cyber crimes, such as the Electronic Transaction Ordinance of 2002, Payment System Electronic Funds Transfer Act of 2007, and Anti-Money Laundering Act of 2010. It also discusses offenses covered under these laws, including those related to privacy violations, unauthorized access, and money laundering. The document then outlines amendments made to the Qanun-e-Shahadat Order of 1984 to incorporate electronic evidence. It concludes by discussing the Investigation of Fair Trial Act of 2013 and several relevant court cases.
Understanding CJIS Compliance – Information Exchange AgreementsDoubleHorn
In the previous blog, we saw an overview of what CJIS is and what are different policy areas and in this blog we will elaborate on the first policy area - Information Exchange Agreements.
Under the first policy area Information Exchange Agreements, it is mentioned that the information shared through communication mediums should be safely protected using appropriate security safeguards. Information exchanged can take many forms such as instant messages, electronic mail, hard copy, facsimile, web services and also information systems sending, receiving and storing CJI. It is to be noted that the agencies, before exchanging criminal justice information, should put formal agreements in place that specify the security controls. Information Exchange Agreements helps in understanding the roles, responsibilities and data ownership between agencies and other external parties.
The document discusses the Cybersecurity Information Sharing Act (CISA) bill and compares it to previous bills like CISPA and SOPA/PIPA that were opposed by internet activist Aaron Swartz. It summarizes that CISA would allow broad information sharing between private companies and government agencies like the NSA, potentially in violation of privacy protections. It would also permit the collection of email/text content without warrants and exempt this information from transparency laws. Privacy advocates argue CISA could be used to investigate whistleblowers and represents a threat to privacy and an open internet.
The document summarizes key aspects of India's Information Technology Act from 2000. It aims to provide the legal framework for e-commerce and electronic records. Some highlights include establishing the legal validity of electronic contracts, regulating certifying authorities for digital signatures, and establishing a framework for digital signature certificates. The act also defines various cyber crimes and corresponding penalties, such as tampering with computer source documents, publishing obscene content, and failing to comply with government orders. While the act aimed to promote e-commerce, some provisions like Section 66A restricting free speech were criticized and eventually repealed.
Takedown Notices - How Do ISPs Handle Copyright Infringement Claims in Vietna...KenfoxLaw
The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights.
This document summarizes issues around online intermediary liability for copyright infringement. It defines different types of online intermediaries including traditional ISPs, newer intermediaries like auction sites, and P2P intermediaries. It discusses why immunities were created for intermediaries and how policies have changed with the rise of P2P file sharing. It analyzes different legal regimes for intermediary liability, including the notice-and-takedown system, and whether these apply to P2P intermediaries. It also discusses issues around identifying and suing individual infringers online.
This document is the Cybercrime Prevention Act of 2012 from the Philippines. It defines cybercrime and establishes punishments for illegal computer access, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, fraud and identity theft, cybersex, child pornography, unsolicited commercial communications, and libel committed through computer systems. It assigns the National Bureau of Investigation and Philippine National Police to enforce cybercrime laws and authorizes them to collect traffic data in real-time related to communications with a warrant. Corporations can also face liability and fines if cybercrimes are committed on their behalf.
Information technology and law and traiHimanshu Jawa
The document discusses key aspects of information technology and telecommunications law in India. It provides an overview of the Information Technology Act 2000 and the Telecom Regulatory Authority of India (TRAI) Act 1997. The IT Act aims to provide a legal framework for e-commerce and digital transactions. TRAI was established to regulate the telecom sector and ensure consumer interests are protected. The document outlines important sections of the IT Act regarding cybercrimes and data privacy. It also explains the purpose and functions of TRAI in regulating tariffs and resolving disputes in the telecom industry.
1. Yes, an email can be considered a legal document under Philippine law. Section 11 of the E-Commerce Law of the Philippines specifies requirements for electronic documents and data messages to be considered valid, including maintaining integrity and being able to be authenticated.
2. For an electronic document to be accepted as a legal document, it must maintain integrity and reliability, remain complete and unaltered, and be reliable according to the purpose for which it was generated, as specified in Section 7 of the E-Commerce Law.
3. Yes, it is legal to create electronic contracts agreed by both parties under Section 38 of the E-Commerce Law, which allows provisions of the law to be varied by agreement of
What's new with Cybersecurity in Singapore? Abraham Vergis
This document discusses cybersecurity issues in Singapore and the new Cybersecurity Bill. It summarizes recent major cyber attacks like WannaCry that disrupted companies and government services. The bill aims to regulate critical infrastructure, empower the Cyber Security Agency of Singapore to respond to threats, facilitate sharing of cybersecurity information, and license cybersecurity service providers. The bill establishes baseline standards for protecting information that law firms must exceed due to risks of hackers interfering with confidential international dispute information.
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
This document discusses cybercrime laws in the Philippine and United States settings. In the Philippines, there are several types of cybercrimes outlined including illegal access, unauthorized interception of data, data interference, and system interference, each carrying penalties of imprisonment from 6 years to 12 years and fines. United States cybercrimes include online gambling, intellectual property theft, harassment, fraud, viruses/malware, denial of service attacks, and cyber terrorism. Cybercrimes within organizations can involve email abuse, spam, defamation, code theft, information leaks, personal data theft, unauthorized computer use, and porn/external attacks.
Cybersecurity & Data Privacy 2020 - Introduction to US Privacy and Data Secur...Financial Poise
There is no federal law governing privacy and data security applicable to all US citizens. Rather, individual states and regulatory agencies have created a patchwork of protections that may overlap in certain industries.
This webinar provides an overview of the many privacy and data security laws and regulations which may impact your business, from the state law protecting personal information to regulations covering the financial services industry to state breach notification laws.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-2020/
Yar Chaikovsky ABA Section of Intellectual Property Law Division VII — Infor...Yar Chaikovsky
This document summarizes a report from the ABA Section of Intellectual Property Law's Committee 711 on Online Security & E-Privacy. The committee did not propose any resolutions in its second year. It is planning a CLE seminar on data breach notification for an upcoming ABA conference. The document then summarizes a subcommittee report on spyware that discusses defining spyware and existing federal spyware laws, including the Wiretap Act and Computer Fraud and Abuse Act. It notes there was no consensus to propose a resolution on spyware legislation.
Mobile: Location Privacy and Apps_Michael HanleySara Quinn
Part of the Mobile Communications Resource Center, this is one of several presentations created by Michael Hanley for Ball State University's College of Communication, Information and Media. All rights are reserved.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
The document discusses cyber law in India, including the Information Technology Act 2000 and its 2008 amendment. It provides an overview of cyber law and defines it as laws related to internet and technology. It then summarizes key aspects of the IT Act 2000 such as recognizing electronic records and digital signatures. It outlines various cyber crimes and penalties covered in the act. It also summarizes the objectives and features of the act. Finally, it discusses the IT Amendment Act 2008 and changes it introduced like replacing digital signature with electronic signature and introducing laws around data privacy and intermediary liability.
This document discusses cyber risk and cyber insurance for community associations. It notes that cyber insurance is becoming essential for all businesses, including community associations, in every industry. It defines what a cyber breach is and notes that they can involve unauthorized access to electronic or non-electronic personal data. The document estimates that the costs of responding to a breach, including forensic examination, notification, credit monitoring, fines, and establishing an information security program, can be substantial. It outlines common types of coverage provided by cyber insurance policies, including liability coverage, regulatory defense expenses, breach response expenses, and crisis management. It debunks some myths about cyber risk exposure for community associations.
The document discusses the Cybercrime Prevention Act of 2012 in the Philippines. It begins with background on the "I LOVE YOU" computer virus in 2000 that prompted the first cybercrime law. It then summarizes key aspects of RA 10175, including punishable cybercrimes, penalties, enforcement authorities, and international cooperation provisions. Examples are given of types of cybercrimes prosecuted under the act such as identity theft, cyberbullying, and an online sexual exploitation case. The document provides an overview of the Philippine government's efforts to address cybercrime through laws and law enforcement agencies.
A study on internet libel in the philippines (2)Geritt Contillo
1) The Philippines has no specific law on internet libel, but libel committed through any "similar means" to those outlined in Article 355 could apply, including the internet.
2) For libel to apply, the statement must be defamatory, malicious, given publicly, and identify the victim. All elements must be present.
3) Service providers are generally not liable for users' content unless they have actual knowledge, receive financial benefit from unlawful acts, or directly commit infringement.
This act provides for the legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. It aims to facilitate domestic and international dealings through electronic means. Key points include:
- It defines electronic signatures, documents, data messages and other terms.
- Electronic documents and signatures are given the same legal validity as traditional paper-based ones.
- It covers the formation of electronic contracts and attribution of electronic messages.
- The government is mandated to enable e-commerce capabilities within two years and develop RPWeb to connect government offices online.
- Service providers face liability in certain cases. Hacking of electronic documents is a punishable offense.
This document discusses cyber laws and digital evidence discovery in Pakistan. It outlines several key Pakistani statutes related to cyber crimes, such as the Electronic Transaction Ordinance of 2002, Payment System Electronic Funds Transfer Act of 2007, and Anti-Money Laundering Act of 2010. It also discusses offenses covered under these laws, including those related to privacy violations, unauthorized access, and money laundering. The document then outlines amendments made to the Qanun-e-Shahadat Order of 1984 to incorporate electronic evidence. It concludes by discussing the Investigation of Fair Trial Act of 2013 and several relevant court cases.
Understanding CJIS Compliance – Information Exchange AgreementsDoubleHorn
In the previous blog, we saw an overview of what CJIS is and what are different policy areas and in this blog we will elaborate on the first policy area - Information Exchange Agreements.
Under the first policy area Information Exchange Agreements, it is mentioned that the information shared through communication mediums should be safely protected using appropriate security safeguards. Information exchanged can take many forms such as instant messages, electronic mail, hard copy, facsimile, web services and also information systems sending, receiving and storing CJI. It is to be noted that the agencies, before exchanging criminal justice information, should put formal agreements in place that specify the security controls. Information Exchange Agreements helps in understanding the roles, responsibilities and data ownership between agencies and other external parties.
The document discusses the Cybersecurity Information Sharing Act (CISA) bill and compares it to previous bills like CISPA and SOPA/PIPA that were opposed by internet activist Aaron Swartz. It summarizes that CISA would allow broad information sharing between private companies and government agencies like the NSA, potentially in violation of privacy protections. It would also permit the collection of email/text content without warrants and exempt this information from transparency laws. Privacy advocates argue CISA could be used to investigate whistleblowers and represents a threat to privacy and an open internet.
The document summarizes key aspects of India's Information Technology Act from 2000. It aims to provide the legal framework for e-commerce and electronic records. Some highlights include establishing the legal validity of electronic contracts, regulating certifying authorities for digital signatures, and establishing a framework for digital signature certificates. The act also defines various cyber crimes and corresponding penalties, such as tampering with computer source documents, publishing obscene content, and failing to comply with government orders. While the act aimed to promote e-commerce, some provisions like Section 66A restricting free speech were criticized and eventually repealed.
Takedown Notices - How Do ISPs Handle Copyright Infringement Claims in Vietna...KenfoxLaw
The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights.
This document summarizes issues around online intermediary liability for copyright infringement. It defines different types of online intermediaries including traditional ISPs, newer intermediaries like auction sites, and P2P intermediaries. It discusses why immunities were created for intermediaries and how policies have changed with the rise of P2P file sharing. It analyzes different legal regimes for intermediary liability, including the notice-and-takedown system, and whether these apply to P2P intermediaries. It also discusses issues around identifying and suing individual infringers online.
Liability of ISP in case of Illegal DownloadsRaunaq Jaiswal
This document discusses the liability of Internet Service Providers (ISPs) for illegal downloads of copyrighted material by users. It notes that while individual downloaders can be held directly liable, the liability of intermediaries like ISPs is less clear. The document analyzes safe harbor provisions in Indian law that exempt ISPs from liability if they were unaware of infringing content or exercised due diligence in removing it after receiving notice. It also discusses a 1995 U.S. case where an ISP could still potentially face contributory liability for failing to remove infringing content even after receiving notice. The key issue addressed is determining the appropriate scope of ISP liability to curb piracy while not overburdening them as mere conduits
What are the new laws under Canada Digital Privacy Act.pdfRiley Claire
The introduction of a new bill by the Canadian government indicates a significant overhaul of the country's privacy laws. Businesses in Canada are obligated to report data breaches affecting customers' personal information. All regulated Canadian businesses in the country's key industries—including banking, insurance, healthcare, and transportation—must abide by the Act's regulations or guiding principles. You may learn more about the new laws under the Canada Digital Privacy Act in this pdf.
Navigating Privacy Laws When Developing And Deploying Location Tracking Appli...Ben Allen
This document provides a summary of key U.S. privacy laws and guidelines relevant to location tracking applications, including the Communications Act, FCC CPNI rules, FTC guidelines, ECPA, CFAA, COPPA, and state breach notification laws. It outlines relevant definitions, requirements, and penalties under these laws. The document recommends that developers adopt a privacy policy, user opt-in and consent features, data security practices, and downstream provider agreements to help ensure legal compliance.
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
Danny Friedmann, Sinking the Safe Harbour with the Legal Certainty of Strict ...Danny Friedmann
In both the EU and US, there are safe harbour provisions in place that should, under certain conditions, provide online service providers (OSPs) with immunity in the case of intellectual property infringement by third parties. However, the significant litigation against OSPs demonstrates that the safe harbour provisions are neither effective nor efficient. By providing OSPs with immunity against third party liability, safe harbour provisions contribute to a climate where the behaviour of OSPs is dominated by short-term business interests which are conducive neither to the enforcement of intellectual property rights by the OSPs nor to legal certainty for proprietors, internet users and OSPs alike.
The precondition for invoking safe harbour provisions, that one remain passive and only act reactively, leads to wilful blindness, although OSPs are best positioned to filter infringing use of content proactively. This article therefore asserts that the safe harbour provisions must be replaced by strict intermediary liability. As will be pointed out below, this transition is not as dramatic as it seems.
Safe harbours provisions were drafted at a moment when OSPs, as social media, still needed to be developed. They do not protect proprietors against infringement. Moreover, the protection of OSPs against liability is an illusion. If one extrapolates the development in filter technology one can see that advocating safe harbour provisions has become a rearguard battle and that implementation of strict liability for OSPs is inescapable.
How to Protect End Users‘ Personal Data and Enforce Copyright on the Internet...ovento
This paper was published in Transparenz/Transparency Tagungsband des 17. Internationalen Rechtsinformatik Symposions IRIS 2014, Österreichische omputer Gesellschaft,
Vienna 2014 pp. 549-556 eds. Erich Schweighofer Franz Kummer, Walter Hötzendorfer
Cyber Liability Coverage in the Marketplace with Dan CotterButlerRubin
Butler Rubin partner Daniel A. Cotter discussed the Model Rules of Professional Conduct (RPCs) as they relate to lawyers’ technology obligations at the National Association of Bar Related Insurance Companies (NABRICO) 2017 Annual Conference hosted by ISBA Mutual in Chicago, IL. Dan joined a panel of experts including Michael Hannigan (Konicek & Dillon), Alex Ricardo (Beazley Group), and Daniel Zureich (Lawyers Mutual Insurance Company of North Carolina) to discuss, “Cyber Liability Coverage in the Marketplace.” Dan emphasized the need for the insurers to consider what the reasonable standard is for lawyers and to help frame the answer. Dan also addressed some recent cyber-related decisions and cases pending.
For more information on developments in the cyber insurance and privacy areas, contact Dan Cotter (dcotter@butlerrubin.com).
cyber crime in india and law related to cyber crimeSumedhaBhatt2
1. The Information Technology Act, 2000 provides the legal framework for electronic governance and commerce in India by recognizing electronic records and digital signatures.
2. The Act created various authorities and defined cyber crimes and offenses related to hacking, publishing obscene content, and more that are punishable by fines and imprisonment of up to 10 years.
3. Network service providers are not held liable for third-party content but must exercise due diligence. The Act aims to prevent cyber crimes while supporting the growth of e-commerce.
The document contains 3 preliminary proposals for amending the DMCA from various groups. Proposal One seeks to clarify safe harbors for YouTube-like sites and increase cooperation between stakeholders. Proposal Two separates sharing sites and requires non-anonymous uploading with repeat infringer banning. Proposal Three creates a new government section to review copyright law, implement filtering duties, and conduct education campaigns.
Brief history of how consensus on limited liabiliaty for online intermediaries was reached c 2000; and political and economic forces now dismantling it, leading to a need for new globalised guidelines to safeguard humn rights and ensure cross border consistency in this area..
The document discusses the policy issues around holding internet service providers (ISPs) liable for content on the internet before 2000. Two models emerged - the EC Directive on Electronic Commerce 2002 which exempted ISPs from liability, and the US Digital Millennium Copyright Act which gave immunity for copyright issues. Both divided liability based on the function of mere conduit, caching, and hosting, with limited liability and a "notice and take down" system for hosted content. Now states want ISPs to play a more active role through filtering and monitoring for issues like copyright, child pornography, and malware, which raises human rights concerns around censorship, privacy, and scope creep.
The document outlines 3 preliminary proposals for amending the DMCA:
1. Clarify safe harbor for YouTube-like sites and increase requirements for providing repeat infringer information.
2. Create separate safe harbor provisions for sharing sites that require non-anonymous user identification and banning repeat infringers.
3. Create a new section within the DOJ to review copyright law, implement an online response system, clarify liability standards, and require ISP filtering and education campaigns.
This document discusses issues around internet corporate responsibility in Hong Kong, including users' rights, content censorship, and cases involving illegal file sharing. It raises concerns that internet service providers are not adequately protecting user privacy and defending customers when copyright owners like IFPI demand personal user information. There is also a lack of advocacy groups in Hong Kong focused on cyber rights issues to hold ISPs and the government accountable for potential privacy infringements. More transparency is needed from copyright owners and a balanced approach is important from the government and community on these digital copyright matters.
This document discusses accountability and penalties related to data privacy laws. It outlines obligations for transferring personal information, and penalties for violations of data privacy laws, including fines ranging from 0.25-3% of annual gross income. It also discusses requirements for notifying the NPC and affected individuals of data breaches within 72 hours, and penalties for failure to notify or delays in notification.
Do You Wannacry: Your Ethical and Legal Duties Regarding Cybersecurity & PrivacyButlerRubin
Butler Rubin Partner, Dan Cotter discusses in detail the changes to the Model Rules of Professional Conduct that impact lawyers and their obligations to understand technology and safeguard against inadvertent data breaches.
Date Use Rules in Different Business Scenarios: It's All Contectual it is all...William Tanenbaum
This document provides an overview of William Tanenbaum's presentation on data use rules in different business scenarios. It discusses 10 scenarios involving issues like digital redlining, health data privacy, data breaches, ransomware attacks, and the Internet of Things. For each scenario, it outlines the key legal and transactional risks, such as ensuring data is only used as intended and negotiating appropriate liability provisions. It emphasizes that privacy is contextual and that technology and litigation lawyers need to collaborate to properly address these evolving risks.
Presentation delivered at the EUI in Florence during the FSR C&M, CMPF and FCP Annual Scientific Seminar on 'Competition, Regulation and Pluralism in the Online World' (22-23 March 2018).
This document discusses various aspects of internet law and governance. It outlines the challenges of jurisdiction over online content across borders. It also describes the key players in the internet such as infrastructure providers, content providers, access providers, and their roles and legal responsibilities. Issues around intellectual property, telecommunications regulations, and trademarks in the online world are also summarized.
Unlocking Productivity: Leveraging the Potential of Copilot in Microsoft 365, a presentation by Christoforos Vlachos, Senior Solutions Manager – Modern Workplace, Uni Systems
Goodbye Windows 11: Make Way for Nitrux Linux 3.5.0!SOFTTECHHUB
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In his public lecture, Christian Timmerer provides insights into the fascinating history of video streaming, starting from its humble beginnings before YouTube to the groundbreaking technologies that now dominate platforms like Netflix and ORF ON. Timmerer also presents provocative contributions of his own that have significantly influenced the industry. He concludes by looking at future challenges and invites the audience to join in a discussion.
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Are you ready to revolutionize how you handle data? Join us for a webinar where we’ll bring you up to speed with the latest advancements in Generative AI technology and discover how leveraging FME with tools from giants like Google Gemini, Amazon, and Microsoft OpenAI can supercharge your workflow efficiency.
During the hour, we’ll take you through:
Guest Speaker Segment with Hannah Barrington: Dive into the world of dynamic real estate marketing with Hannah, the Marketing Manager at Workspace Group. Hear firsthand how their team generates engaging descriptions for thousands of office units by integrating diverse data sources—from PDF floorplans to web pages—using FME transformers, like OpenAIVisionConnector and AnthropicVisionConnector. This use case will show you how GenAI can streamline content creation for marketing across the board.
Ollama Use Case: Learn how Scenario Specialist Dmitri Bagh has utilized Ollama within FME to input data, create custom models, and enhance security protocols. This segment will include demos to illustrate the full capabilities of FME in AI-driven processes.
Custom AI Models: Discover how to leverage FME to build personalized AI models using your data. Whether it’s populating a model with local data for added security or integrating public AI tools, find out how FME facilitates a versatile and secure approach to AI.
We’ll wrap up with a live Q&A session where you can engage with our experts on your specific use cases, and learn more about optimizing your data workflows with AI.
This webinar is ideal for professionals seeking to harness the power of AI within their data management systems while ensuring high levels of customization and security. Whether you're a novice or an expert, gain actionable insights and strategies to elevate your data processes. Join us to see how FME and AI can revolutionize how you work with data!
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One such alternative that has garnered significant attention and acclaim is Nitrux Linux 3.5.0, a sleek, powerful, and user-friendly Linux distribution that promises to redefine the way we interact with our devices. With its focus on performance, security, and customization, Nitrux Linux presents a compelling case for those seeking to break free from the constraints of proprietary software and embrace the freedom and flexibility of open-source computing.
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TrustArc Webinar - 2024 Global Privacy SurveyTrustArc
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In the fifth annual Global Privacy Benchmarks Survey, we asked over 1,800 global privacy professionals and business executives to share their perspectives on the current state of privacy inside and outside of their organizations. This year’s report focused on emerging areas of importance for privacy and compliance professionals, including considerations and implications of Artificial Intelligence (AI) technologies, building brand trust, and different approaches for achieving higher privacy competence scores.
See how organizational priorities and strategic approaches to data security and privacy are evolving around the globe.
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- The top 10 privacy insights from the fifth annual Global Privacy Benchmarks Survey
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van Emden shows how Nx can simplify the developer’s life and facilitate a rapid transition from concept to production-ready applications.He provides valuable insights into developing scalable and efficient edge AI solutions, with a strong focus on practical implementation.
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Monitoring and observability aren’t traditionally found in software curriculums and many of us cobble this knowledge together from whatever vendor or ecosystem we were first introduced to and whatever is a part of your current company’s observability stack.
While the dev and ops silo continues to crumble….many organizations still relegate monitoring & observability as the purview of ops, infra and SRE teams. This is a mistake - achieving a highly observable system requires collaboration up and down the stack.
I, a former op, would like to extend an invitation to all application developers to join the observability party will share these foundational concepts to build on:
Building Production Ready Search Pipelines with Spark and MilvusZilliz
Spark is the widely used ETL tool for processing, indexing and ingesting data to serving stack for search. Milvus is the production-ready open-source vector database. In this talk we will show how to use Spark to process unstructured data to extract vector representations, and push the vectors to Milvus vector database for search serving.
Infrastructure Challenges in Scaling RAG with Custom AI modelsZilliz
Building Retrieval-Augmented Generation (RAG) systems with open-source and custom AI models is a complex task. This talk explores the challenges in productionizing RAG systems, including retrieval performance, response synthesis, and evaluation. We’ll discuss how to leverage open-source models like text embeddings, language models, and custom fine-tuned models to enhance RAG performance. Additionally, we’ll cover how BentoML can help orchestrate and scale these AI components efficiently, ensuring seamless deployment and management of RAG systems in the cloud.
1. Chile’s Law 20,435 on Intellectual Property
Implications Abroad for Chile’s Internet Service
Provider Liability Limitations
A Policy Analysis for
The Government of Chile, Ministry of Foreign Affairs
Conducted by:
Z’leste Wanner
Advisor on International Communications Policy
zleste.wanner@gmail.com
2. Objective
Analyze Chapter III, Articles 85L-U on ISP Liability
Identify Strengths and Weaknesses
Discuss Conflict with US re US-Chile FTA
Propose Recommendations
Discuss Implications for International Relations
3. Importance of ISP Liability Provision
Rampant piracy in Chile – facilitated through ISPs
400 million songs downloaded illegally annually
Chile 18th in world in terms of P2P unauthorized file sharing
ISPs can cooperate in fight against piracy
ISP liability provision a requirement of the US-Chile FTA
4. Chapter III, Articles 85L-U
2 Fundamental Principles of Policy:
1. ISPs should cooperate in the fight against digital piracy, the policy
defines legal mechanisms requiring them to do so, (eg block or
takedown infringing content upon notification of its existence
2. ISPs should not be directly liable for what users do (eg upload
or download music illegally) if they meet certain conditions
established according to the nature of the service provided by the
ISP (ie providers of access, host or reference sites on the Internet)
5. Distinguishing Feature: Article Ñ
ISP not liable if removes content upon becoming “aware” of it
ISP “aware” upon receipt of court notification
“The service provider shall be deemed to have actual knowledge when
a competent court of justice, in conformity with the procedure set forth in Article 85
Q, has ordered that the data be removed or access to it be disabled and the
service provider, legally served, does not comply expeditiously with such order.”
(Ley Núm. 20.435, Article Ñ)
Foundation: Chilean Constitution protection of individual rights to due process
ISPs cannot block unilaterally under its own judgment without judicial review
6. Distinguishing Feature: Article Q
Notice + Notice - Chile Notice and Takedown – US
Rights holder informs court of copyright Rights holder sends notice to ISP of
infringement copyright infringement
Court reviews case and sends ISP complies, takes down infringing
notification to ISP content
ISP notifies user within 5 working days User can counter-notice alleged
infringement, and if ruled in favor, ISP
Can counter-petition the claim must restore content in 2 weeks
Benefit: Petition for takedown more likely Problem: Incentive for ISP to take down
to be substantiated and accurate, less faster, more work for ISP, censorship
work for ISP, censorship less likely more likely
7. Strengths Weaknesses
protection of individual expression by dependency on the courts makes
limiting rights holders and ISPs from process slow and less efficient
regulating or censoring internet users
limited incentive for ISPs to
well balanced: rights of rights holders, cooperate with takedowns or
pass along notifications
ISPs, internet users
burden on copyright holders to
explicit limitation of ISP from actively involve courts, requires financial
patrolling its users, ensuring greater resources
privacy protection and less disruption
to internet, ISPs creators do not feel the system
adequately protects their
judicial review component keeps Chile interests, time lost through
in compliance with its commitments to judicial review results in
its Constitution and the ACHR related significant losses in illegal
downloads where large quantity
to individual rights and rights to due can be pirated in a very short
process amount of time
8. US Critique of Chile’s ISP Policy
Priority Watch List for failure to comply with FTA
IIPA: Chile’s policy on ISP liability, “notice plus notice” architecture is
“ineffective”
does not act a deterrent because there is no threat of real consequences if
the ISP does not comply with forwarding the notice
inadequate for dealing with P2P file sharing
“actual knowledge” is dependent on a court order and does not establish
voluntary cooperation between rights holders and ISPs
IIPA: Chile’s policy is too lenient on ISPs and users and does not
establish an effective system to fight piracy
9. Recommendations
Retain provision of judicial review prior to notification of copyright infringement
must be retained in the policy
Maintain protections guaranteed by Constitution related to individual rights & due process
Lead the way for other Latin American countries that will adopt ISP liability provisions and
subject to the same constraints of the American Convention on Human RIghts
Create stronger legal incentives or penalties for ISPs to comply with the
infringement notification requirement
Elect a body to be charged with enforcing compliance with sending notices, such as the
Department of Intellectual Property Rights
incentivize ISPs to participate and ensure a faster, more efficient process
Execute stronger enforcement of Intellectual Property Rights
Increase education about intellectual property protection among the population
10. Implications for Foreign Relations
Consequence:
Souring relations with the US
Continued presence on Priority Watch List
Potential reputation as bad trading partner
Opportunities:
International leader in ISP liability regulation
More flexible IP regime facilitates trade relations with other countries
with different regimes
Stance in Trans Pacific Partnership trade agreement negotiations,
which would include a significantly more stringent chapter on ISP
liability provisions