Term Paper 1
Instructions:
Research the following laws that relate to computer crime. Write a 8-12 page paper discussing the role they play in computer crime.
Be sure to research and document cases to support each law.
Submission Instructions:
Be sure to research and document cases to support each law and your discussion.
1) Health Insurance Portability and Accountability Act (HIPAA)
2) Sarbanes-Oxley Act of 2002 (Sarbox)
3) Children's Online Privacy Protection Act of 1998 (COPPA)
4) California Database Security Breach Act of 2003
5) The Computer Security Act
6) The Privacy Act of 1974
7) Uniform Electronic Transactions Act
8) Electronic Signatures in Global and National Commerce Act
9) Uniform Computer Information Transactions Act
Submit your Term Paper in a Word file for grading.
Specific Instructions for the Term Paper:
- Include a title page for your own paper. This includes the "Running Head" in the page header, the title of your paper, and your name. If you don't know how to edit a header in Word, Google for instructions on how to edit a header in the version of Word you are using and follow the instructions. Also add the university and class info as well as the date authoring the paper.
- Write a 150-250 word abstract for your the paper (on p. 2 of the Term Paper). The abstract should be a brief summary of your paper.
- Next you need a Table of contents page.
- Next you will start the paper. The 8-12 page starts counting from this page. All prior pages are pages for "metadata" information about the paper – and not part of the body of the paper.
- For each major section of the paper, you will need to add sub-headings. You may need as many subheading as needed, but each section must have a minimum of three sub-headings. Be sure to be descriptive in your sub-heading names, so that the content following the subheading is informative.
- More info on the body of the paper: Write the introductory paragraphs of your term paper (following the table of contents page) underneath the title of your paper. The introductory paragraphs should be at least one page long. These paragraphs should provide the reader with an overview of what you are covering. Your full 8-12 page term paper is due at the end of Week 4. In addition to the 8-12 pages of the paper itself, you must include a title page (abstract and table of contents pages) and a references page. Your title page must include the title of your paper, the date, the name of this course, your name, and your instructor's name, as well as the university info and the date paper was written.
- Your paper must be on the topic of this assignment in computer forensics. Remember to explain the types of software you would use to complete the case. You may use the cases noted in the book for guidance or may use one of your own.
- The last section of your paper is the list of references in APA Style format. Name the header "References" then list the references in alphabetical order of the authors' last name. Include a minimum of 6-10 outside sources cited and referenced in the paper. Your references page must be written in APA citation style.
- Rename your Term Paper to ISSC621_LastnameFirstname_TermPaper1.doc(x) (e.g., ISSC621_JohnSmith_TermPaper1.docx) and submit it to the Assignments area in the classroom.
NOTE: I WILL NOT ACCEPT A PAPER WITH AN ORIGINALITY REPORT OVER 10% OR OVER 1% FROM A SINGLE SOURCE. THIS WILL RESULT IN A GRADE OF 0.
NOTE: This assignment has the classroom TII (TurnItIn) feature turned on. This means that once your assignment has been submitted to this area, it will automatically be submitted to Turnitin.com database to generate an Originality Report with an Originality Index. It takes anywhere from a minute to 24 hours (or longer) for this report to be generated and returned to the classroom assignment area. Check often to see if the report has been generated.
The acceptable criteria for the Originality Index in this course is a maximum of 10%. Which means 10% of the submitted paper has been matched with sources in the database and hence is not original to the student's work. A 0% match index is ideal and should be aimed for. In addition to the 10% maximum overall match allowance, each of your cited sources should not exceed 1%. The bibliography section of your paper is excluded from the match index by your professor after the report has been generated by filtering this portion in the report. However, each cited source must not exceed 1%.
A report exceeding 10% Match Index will get a grade of 0. Any individual source of more than 1% match will reduce the paper grade by the difference of the match and 1%. So for example, a paper with overall match index of say 5% (which is acceptable for the overall match criteria of 10% max) with an individual source matched at say 4% (which is not acceptable for an individual source criteria of 1% max) will result in a 3 point reduction from the paper score of 12 points. You will have the opportunity to rework your paper and resubmit one for a new report generation. Please refer to Week 1 Announcement regarding Turnitin Originality Report for more details.
Computer Crime 1
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Computer Crime 4
Computer Crime Laws
NAME
University
6 March 2022
Abstract
Cyberspace alongside networks have developed a means if communicating freely and knowledge sharing. The continuously developing technology have led to the growth of cyber-crime plus the information safety of one that is transmitting via the cyberspace might be compromised. Increment in cybercriminals have led to the governments alongside various agencies to formulate regulations to ensure the information stays safe (Pagallo and Quattrocolo, 2018). The paper provides varying regulations as well as means that have gotten designed to offer users with a secure environment for networking. There are several implemented laws that should address the cyber-crime, however, the legislations that are meant to be addressed include:
Health Insurance Portability and Accountability Act (HIPAA)
Sarbanes-Oxley Act of 2002 (Sarbox)
Children’s Online Privacy Protection Act of 1998 (COPPA)
California Database Security Breach Act of 2003
The Computer Security Act
The Privacy Act of 1974
Uniform Electronic Transactions Act
Electronic Signatures in Global and National Commerce Act
Uniform Computer Information Transactions Act
Table of contents
Abstract ……………………………………………………………………………………….…. 2
Table of contents …………………………………………………………………………………………………………… 3
Laws on Computer Crimes …………………………………………………………..…….… 4-10
References ……………………………………………………… ………………………………11
Health Insurance Portability and Accountability Act (HIPAA)
This is a legislation that has been developed with an aim of providing security to the medical as well as user information security. In addition, the regulation had been categorized into various titles though the one with relevance in this case is the Title II the Administrative Simplification. This rule of privacy tends to safeguard every health information that is individually identifiable that is either transmitted or held by an entity that is covered or their business accomplices, within any media or form, may it be oral, paper, or electronic. This information has been identified by the privacy rule as health information that is protected. This legislation still offers guidance in relation to operating with the confidential information of numerous users that agencies, healthcare givers plus insurance work with to ensure that the safety, management in addition to storage of the data that is sensitive. HIPAA regulations are known for covering the business associates, care givers, health plans in addition to any group, institution, or a person. (Holt, 2018).
Basically, the cyberwar that has been in operation for various years is one that has really surprised this legislation as they only target the user’s data that is stored or one that has been inappropriately managed. Loss of data for the information with high sensitivity might cause harm to the users through loss of their personal identity or getting coerced through use of their individual health situations that gets revealed via the information that has been stolen. HIPAA tends to provide legislations that are to be adhered to in reducing the associated impact. For example, in managing threats one refers to the 164.308 (a)(1)(ii)(A) in relation to analysis of risks. With the management of risks there is 164.308 (a)(1)(ii)(B). Lastly there is the protection from any software that is malicious legislation which is 164.308 (a)(5)(ii)(B). These are legislations that offer the agency with appropriate tools for protecting as well as evaluating any weaknesses that are on their own systems. This is inclusive of computer systems, employees, and the consumers. The Security Management Process (SMP) plus the Incident Procedures (IP) are of great significance to computer crimes, they are available on 164.308 (a)(6) and 164.308 (a)(1) respectively.
Sarbanes-Oxley Act of 2002 (SOX)
This regulation is one that has been a huge enhancement when it comes to the public organizations in addition to their own internal controls in the management of data. It is responsible for setting a high bar for the financial organizations with an objective of protecting the investors alongside the financial information that is within reports with the accuracy that is of utmost importance. Various guidelines such as COSO, OATBNL, ITIL plus COBIT tend to be where the converging point of information technology. They happen to be done IT controls series that is supposed to be implemented to enable the making of a SOX certification in relation to information technology. With the financial systems being known for their dependence on the computer systems, their own management plus security are to be audited to follow the federal regulations (Broeders, 2021).
The Information System Audit alongside Controls Association formulated COBIT to offer the guidelines that help the information system in following the law. Additionally, it is utilized in following SOX. These framework focuses on analyzing, researching as well as developing methods that are effective to ensure the demands are catered for both from the users and the customer end. Because the dependability on the economic as well as financial sector becomes more dependent daily on the computer systems, the framework such as COBIT are known for operating together with the current technology in providing the institutions with the necessary implementation to have the tasks completed which gives the customers as well as the users the necessary security to have the business trusted.
Children’s Online Privacy Protection Act of 1998 (COPPA)
COPPA regulation is one that has been of utmost success when it comes to providing the web browsing security for the children who are below 13 years at the absence of any consent from their parents. This safeguarding level when it comes to the personal data if children, is a representation of a key step forward in comparison to the practices related to privacy that have been adopted before the enacting of COPPA. This is a legislation that has its focus on protecting the minors which involves parents monitoring the web activities of their children. For the websites to comply, hey are not able to have children below the age of 13 years who are not able to sign up to the services, in addition, the websites are not able to recollect the data that is from the said children unless if they are in possession of an adult consent that is verifiable (Hildebrandt, 2020).
The legislation offers a security sense for the parents, however, on the present-day internet, any single person can access the type of information they desire. This act has made it mandatory that whenever a child signs up for any website, they are supposed to indicate their age to enable the website to identify that it is a child below the age of 13. However, what happens when a child puts the wrong age to achieve access into the website? For this reason, there happens to be parental controls and lots of different methods that are used in controlling the web browsing. With the adoption of COPPA, this is just the start of what will become a method of restricting web access into the content that is not wanted. The online privacy which websites should follow are quite demanding in that for several websites, they prefer closing their site for the children so that they can remain in compliance with the implemented regulations.
California Database Security Breach Act of 2003
The regulation is known for stating that any database security breach whenever it occurs, the authority in charge of where the data was stored should notify the people whose data has been stolen. Organizations are supposed to have any personal information breach disclosed to the affected parties. This might be done through electronic notice or via writing. This is a regulation that fails to offer security; however, it offers information to the public regarding their data. Since the users currently are in a position of having different methods to keep track of their data, this legislation enables the businesses and users to become more alert after their data has been stolen. It is basically a device that is utilized in keeping track of the identity theft as well as providing the users with information regarding the businesses that get to store their personal information (Holt, 2018).
The Computer Security Act
This is a legislation that was basically implemented in order the offer guidance to the computer systems of the federal security. It has been formulated purposefully to enhance the security as well as the privacy of the information that is sensitive within the federal computer systems. It advances the security related to privacy and information that is sensitive alongside stabilizing the minimum necessities that are considered acceptable for these security practices. An addition is the assets creation for the users as well as training so that they can be aware of the usage plus security strategies that every agency gets to implement. The plans regarding the computer’s security happens to be a segment of the Act legislations to maximize a security sequence that is effective into maximizing their own security attempts. Educating plus training provided to the users tends to be a major contribution for all users as they are currently aware of various probable threats in addition to solutions that are aimed at minimizing weaknesses on their systems till, they get to be completely handled. (Broeders, 2021).
The Privacy Act of 1974
This is an act that is known to be responsible for regulating any of the information across the given federal agencies. This is used in basically protecting the way information gets to be collected as well as the way in which this gathered data gets to be utilized. This act of privacy is only considered to be applicable to the records that tend to be situated within a given system of records. In addition, this is a legislation that also comprises of a segment whereby it provides the users with overall rights to be able to see the information that the agency has been able to gather as well as focus their attempts on the information practices that are fair (Jain and Gupta, 2020). It is also known for formulating procedures for the people to be able to due the government whenever it fails to follow this regulation. It is also a legislature that is responsible for regulating the way people share the information belonging to another person across the various government agencies alongside creating several exemptions for the agencies of law enforcement. This is mainly since they are supposed to collect as well as transfer personal data from various agencies in order to ensure they strive towards resolving their cases that are open or any ongoing investigations. It safeguards the information belonging to users at the same time safeguarding them from the government through developing a single database that has every gathered information regarding the users on a single place. After adopting this legislation, every single agency is supposed to maintain as well as manage their unique database that has the personal information of their customers without having to share it with other agencies.
Uniform Electronic Transactions Act (UETA)
This is a legislation that is mainly designed with an aim of forcing the agencies to work towards maintaining the paper records that are at hand. These agencies, more so the banks are supposed to store all the documents they have on paper as well as electrically that have already been developed, generated, conveyed, communicated as well as either received or have been stored at a particular point of time. In addition, it places emphasis on the electronic signature’s validity, that are also supposed to get stored. In addition, the agencies are supposed to maintain their own storage locations to ensure the data is kept secure. This regulation is key to the users as well as agencies as they are now needed to store the data for various years, the users plus the agencies are able to benefit from this legislation through making use of this information for any misunderstanding or altercations during the time when the document was created as well as signed. The electronic data have ended up overwhelming the world, however, the paper information continues to be as crucial as well as valid on a similar level with the electronics (Paul and Aithal, 2018).
Electronic Signatures in Global and National Commerce Act (ESIGN)
This is a law that was mainly passed shortly after UETA. It basically worked towards ensuring that through the federal agencies, the electronic signature got to have legal as well as valid properties same thing the written signature. This is perceived to be a law that tends to provide a person with the entitlement to utilize signatures that are electronic in addition to ensuring that these same signatures are 100 percent legal. However, it is also known for making sure that people always reserve the right to utilize a given paper signature. This ESIGN legislature is one that is considered to have been a huge step across the technology, in addition it strives towards pushing the electronic transactions into what people use in present time. With the current ongoing technology, all courtesy of the ESIGN regulations, it has made it possible that people can with a lot of ease create signatures through use of numeric codes an example of four-digit pin, digital signatures in addition to biometrics that are mainly utilized in making online purchases as well as at the stores with the credit cards that are used (Holt, 2018).
Uniform Computer Information Transactions Act (UCITA)
UCITA is basically considered to be the known legislation that is known for incorporating the software industries that are said to be in conjunction with commerce. This regulation has made it possible for the software makers who are having a legal capability not to be held accountable for any mistakes that might be found within the software. In addition, it permits the creators of the software to design without any restrictions their own usage license, which is mostly identified as the End User License Agreement. It is also used in providing the sellers with full jurisdiction of the said software as well as unifying this legislature into a particular Act that tend to have jurisdiction all over since it is possible to have the software distributed across the cyberspace. Technology is known for enabling the dissemination as well as the creation of computer information products at the absence of huge capital investment. This legislation is one that had formulated a base for distribution of software since the year 1999, as of the present times, it is evident that this law acts as the foundation for regulations that are newer and ones that are also used in interacting and regulating the software’s license (Pagallo and Quattrocolo, 2018).
References
Broeders, D. (2021). Private active cyber defense and (international) cyber security—pushing the line?. Journal of Cybersecurity, 7(1), tyab010. https://academic.oup.com/cybersecurity/article-abstract/7/1/tyab010/6199903
Hildebrandt, M. (2020). Law for computer scientists and other folk. Oxford University Press. https://books.google.com/books?hl=en&lr=&id=vqXaDwAAQBAJ&oi=fnd&pg=PP1&dq=Computer+Crime+laws+regulations+and+legislation&ots=E-GYYWndCl&sig=4Ua804hulivSJA9DyOHI6sP1zSQ
Holt, T. J. (2018). Regulating cybercrime through law enforcement and industry mechanisms. The ANNALS of the American Academy of Political and Social Science, 679(1), 140-157. https://journals.sagepub.com/doi/abs/10.1177/0002716218783679
Jain, A., & Gupta, N. (2020). Cyber crime. National Journal of Cyber Security Law, 2(2). https://www.nci.tmu.ac.in/conference_proceeding/NCI26.pdf
Paul, P., & Aithal, P. S. (2018). Cyber crime: challenges, issues, recommendation and suggestion in Indian context. International Journal of Advanced Trends in Engineering and Technology.(IJATET), 3(1), 59-62. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3122318
Pagallo, U., & Quattrocolo, S. (2018). The impact of AI on criminal law, and its two fold procedures. In Research Handbook on the Law of Artificial Intelligence. Edward Elgar Publishing. https://www.elgaronline.com/view/edcoll/9781786439048/9781786439048.00026.xml
