CYBER TORTS AND CRIMES
MIDTERM(1)
What is Tort?
• It is a civil wrong not arising from a breach of
contract.
• It is a breach of a legal duty that proximately
causes harm or injury to another.
What is an Intentional Tort?
• A wrongful act knowingly committed.
• An intentional tort requires ‘intent’.
• The tortfeasor (one who commits a tort) must intend
to commit an act, the consequences of which interfere
with the personal on business interests of another in a
way not permitted by law.
• A harmful or evil motive is not required.
• Ex : Forcefully pushing another person - even done in
jest and without evil motive - is an intentional tort (if
injury results), because the object of a strong push can
ordinarily be expected to go flying.
Kinds of Intentional Torts
1.
Against persons and business relationships, includes :–
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1.
Assault and battery ‫االعتداء والضرب‬
False imprisonment ‫السجن بالخطأ‬
Defamation ‫القذف‬
Invasion of the right to privacy ‫التعدي على حقوق الخصوصية‬
Misrepresentation ‫التحريف‬
Wrongful interference ‫التدخل غير المشروع‬
Against property, includes :–
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Trespass to land ‫االعتداء على األراضي‬
Trespass to personal property ‫االعتداء على الممتلكات الشخصية‬
Conversion ‫التحويل‬
What is Cyber Tort?
• It is a tort committed in cyberspace.
• Ex : Online forums allow anyone - customers,
employees - to complain about a business firm.
• The complaint could concern the firm’s personnel,
policies, practices, or products, and it might have an
impact on the business of the firm. This is possible
regardless of whether the complaint is justified and
whether it is true.
• In the example, if the statement is not true, it may
constitute ‘defamation’.
What is Defamation?
• It is any published or publicly spoken false statement
that causes injury to another’s good name, reputation,
or character. Like other torts, it is governed by law.
• The complainant must show that a statement was
false, was not subject to privilege, was communicated
to a third person, and resulted in damage to the
complainant.
• Ex : Newspapers, magazines, and television and radio
stations may be held liable for defamatory remarks
that they disseminate, even if those remarks are
prepared or created by others.
Liability of Internet Service Providers
• An Internet Service Provide (ISP) or ‘interactive
computer service provider’ is not liable for defamatory
remarks.
• An ISP provides access to the internet through a local
phone number and may provide other services,
including access to databases available only to the ISP’s
subscribers.
• Should a defamatory remark is posted in the internet,
the ISP can disclose the identities of the persons
responsible for the messages but only upon an order of
a court.
What is a Crime?
•
It is a wrong against society proclaimed in a statute and, if committed,
punishable by society through fines and/or imprisonment - and, in some
cases, death. Because crimes are offenses against society as a whole, they
are prosecuted by a public official not by victims.
• Classifications of Crimes
1.
Felonies ‫الجنايات‬: These are serious crimes punishable by death or by
imprisonment in a penitentiary for one year or longer.
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2.
Ex : murder; homicide; kidnapping ‫التعذيب والقتل واالختطاف‬
Misdemeanors ‫الجنح‬: These are crimes punishable by a fine or by
incarceration (imprisonment) for up to one year. If confined, the guilty
party goes to a local jail instead of a penitentiary. Any crime that is not a
felony is considered a misdemeanor.
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Ex : disorderly conduct and trespass are common misdemeanors
Categories of Criminal Acts
Violent crime ‫جرائم عنيفة‬- causes others to suffer harm or death
1.
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Ex : murder, rape, robbery ‫ سرقة‬،‫ اغتصاب‬،‫قتل‬/‫تعذيب‬
Property crime ‫ جرائم الملكية‬- the goal of the offender is some form of economic
gain or the damage to property.
2.
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3.
Ex : larceny (theft) and forgery ‫السرقة والتزوير‬
Public order crime - contrary to public values and morals
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Ex : public drunkenness, gambling, illegal drug use
White collar crime ‫جريمة الطوق االبيض‬- an illegal act or series of acts committed by
an individual or business entity, using some no-violent means to obtain a
personal or business advantage; usually committed in the course of a legitimate
occupation.
4.
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5.
Ex : embezzlement ‫ ;االختالس‬mail and wire fraud
Computer crime - any act that is directed against computers and computer parts,
that uses computers as instruments of crime, or that involves computers and
constitutes abuse.
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Ex : all crimes involving computer use or abuse, including financial crimes (embezzlement),
the theft of computer equipment, the theft of goods or services with the aid of computers,
and destructive programming (such as viruses).
What is a Cyber crime?
•
It is a crime that occurs online, in the virtual community of the internet,
as opposed to the physical world.
Types of Cyber Crimes
1.
2.
3.
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5.
Cyber Stalking ‫ المطاردة االلكترونية‬- online harassment in the form of
written communications (e-mail messages) and telephones (internet
connections).
Cyber Theft - accessing a computer online, without authority, to obtain
classified, restricted, or protected data, or attempts to do so.
Gambling in Cyber Space - gambling in an online environment.
Hacking Activities - using a computer to break into another computer.
Cyber Terrorism - targeting a computer to inflict a serious impact, such
as the corruption of a program to sabotage a business.
INTELLECTUAL PROPERTY TRADEMARKS, CYBER MARKS, AND
TRADE SECRETS
What is Trademark?
• It is a distinctive mark, motto, device, or
implement that a manufacturer stamps, prints, or
otherwise affixes to the goods it produces so that
they may be identified on the market and their
origins made known.
• Once a trademark is established, the owner is
entitled to its exclusive use.
• Trademarks apply to products :
• Ex :XEROX for a copier, KODAK for photographic
products; hp for Hewlitt Packard products
What is Trade Name?
• It is used to indicate part or all of a business’s name
and that is directly related to the business’s reputation
and goodwill. Some trade names are also used as a
trademark.
• Ex : Coca-Cola is both a trademark and a trade name.
• To be protected, words used in a trade name must be
unusual and fancifully used.
• Ex : Safeway is a trade name of foodstore chain.
What is Cyber Mark?
•
A trademark in cyber space.
Issues of Concern related to cyber mark
1.
Domain Name - the right of a mark’s owner to use the trademark as part of a domain
name (internet address).
2.
Cyber Squatting - an act that occurs when a person registers a domain name that is the
same as, or confusingly similar to, the trademark of another and offers to sell the domain
name back to the trademark owner.
3.
Meta Tags - words inserted into a web site’s key words field to increase the site’s
appearance in search engine results.
4.
Trademark Dilution - occurs when a trademark is used, without authorization, in a way that
diminishes the distinctive quality of the mark.
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5.
Ex :a complaint was field by the maker of “Candyland” children’s game and owner of the
“Candyland” trademark because another party used “Candyland.com” as the URL for an adult site.
The use of licensing as a way to avoid liability for infringing on another’s intellectual
property rights. A License is an agreement to permit the use of a mark for certain
purposes. A Licensee (the party obtaining the license) might be allowed to use the mark of
the Licensor (the party issuing the license) as part of the name of its company, or as part of
its domain name, without using the mark on any products or services.
What is Trade Secret?
• It is information or a process that gives a business an
advantage over competitors who do not know the
information or process. Included in trade secret are :1. Customer lists
2. Plans
3. Research and Development
4. Pricing Information
5. Marketing Techniques
6. Production Techniques
7. Anything that makes an individual company unique
and have value to a competitor