• Melissa Virus Author SentencedProgrammer gets 20 months in prison and $5000 fine for unleashing  fastest virus of its time
• Smith faced up to five years in prison. He was also fined $5000 by U.S.  District Judge
• oseph Greenaway Jr., according to a cler
• n the U.S. District  Court in New Jersey.

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• Home > crack
     
   

   

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    (1) To break into a computer system. The term was coined in the mid-80s by hackers who wanted to differentiate themselves from individuals whose sole purpose is to sneak through security systems. Whereas crackers sole aim is to break into secure systems, hackers are more interested in gaining knowledge about computer systems and possibly using this knowledge for playful pranks. Although hackers still argue that there's a big difference between what they do and what crackers do, the mass media has failed to understand the distinction, so the two terms -- hack and crack -- are often used interchangeably.

  (2) To copy commercial software illegally by breaking (cracking) the various copy-protection and registration techniques being used.

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  A slang term for a computer enthusiast, i.e., a person who enjoys learning programming languages and computer systems and can often be considered an expert on the subject(s). Among professional programmers, depending on how it used, the term can be either complimentary or derogatory, although it is developing an increasingly derogatory connotation.

   

  The pejorative sense of hacker is becoming more prominent largely because the popular press has coopted the term to refer to individuals who gain unauthorized access to computer systems for the purpose of stealing and corrupting data. Hackers, themselves, maintain that the proper term for such individuals is cracker.

• According to Webster's Collegiate Dictionary, a computer virus is "a computer program usually hidden within another seemingly innocuous program that produces copies of itself and inserts them into other programs or files, and that usually performs a malicious action (such as destroying data)". Computer viruses are never naturally occurring; they are always man-made. Once created and released, however, their spread is not directly under human control.

    
   
  •  Macro viruses: A macro is a piece of code that can be embedded in a data file. A macro virus is thus a virus that exists as a macro attached to a data file. In most respects, macro viruses are like all other viruses. The main difference is that they are attached to data files (i.e., documents) rather than executable programs.   

    Document-based viruses are, and will likely continue to be, more prevalent than any other type of virus.

      
   
  •  Worms: Worms are very similar to viruses in that they are computer programs that replicate functional copies of themselves (usually to other computer systems via network connections) and often, but not always, contain some functionality that will interfere with the normal use of a computer or a program. Unlike viruses, however, worms exist as separate entities; they do not attach themselves to other files or programs. Because of their similarity to viruses, worms also are often referred to as viruses.
    
     
   
  •  Trojan horses: A Trojan horse is a program that does something undocumented which the programmer intended, but that users would not accept if they knew about it. By some definitions, a virus is a particular case of a Trojan horse, namely, one which is able to spread to other programs (i.e., it turns them into Trojans too). According to others, a virus that does not do any deliberate damage (other than merely replicating) is not a Trojan. Finally, despite the definitions, many people use the term "Trojan" to refer only to a non-replicating malicious program

• Currently there is no generic system for identification in cyberspace. It is not possible to absolutely identify an entity or to accurately tell whether an object has a specific characteristic. Digital environments have inherent differences from real space which causes this discrepancy, and when implementing an identity system for cyberspace one needs to consider more than just the architectural nature of the system - any system chosen will have social repercussions which need to be also taken into account.
• Scott Charney and Kent Alexander outline the several ways in which computers can be involved in crime. In all cases a harm is committed which would be considered a crime in the real world, except that a computer is involved in some way. The scenarios involve computers A and B. In the first case, data on computer A is stolen, erased, or damaged. In the second case, computer B is used to commit a crime: this can be either a traditional crime, or a crime involving a victim computer, "A," as in the first case. The third case is one in which a computer is not a target or source of a crime, but contains evidence that a crime was committed, or was used in planning the crime.
• The Fourth Amendment to the United States Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The plain words of the Amendment indicate that searches and seizures are subject to a "reasonableness" requirement, and that probable cause is required for a warrant to search or seize. In interpreting the amendment, courts constantly have struggled both to determine what constitutes a search subject to the warrant requirement, and to interpret "reasonableness."
• The appropriate liability rules must reconcile two competing principles. First, because the market for digital identity mechanisms is in its infancy, the selected liability rules must help create incentives that will drive towards the widespread adoption of a secure identity infrastructure. According to this goal, the liability for identity misuse should be placed on whichever party can best induce the introduction and implementation of identity architecture. Second, in order to have an efficiently operating marketplace for identity mechanisms, it is desirable for the selected liability rules to place liability on the party who is the "least cost avoider" of harm. Adopting this goal, liability for identity misuse should be placed on whoever is best able to avoid misuse of digital identity. If these two goals point towards the same party, both goals can be accomplished together. However, if these two goals suggest that different parties should bear liability, then one goal or another must be made paramount, or the goals must be balanced.
• An additional element to the default liability rule may be necessary to promote the implementation of an open standard identity architecture. If one CA or one identity system was the market standard, then most Web hosts would probably contract with this CA. However, until and unless there is one predominant identity verification mechanism, each Web host would have the incentive to contract with the cheapest available CA who would agree to indemnify the Web host for any liability for misused identity. This is close to what is happening presently in the Internet marketplace: each Web host tends to use a separate identification scheme for its own purposes. Interoperability is basically nonexistent.
• Assuming that a strict liability rule for Web hosts is adopted, and assuming further that the Web host has a contract with all trusted certificate providers, another liability issue remains: should the "identity issuer" (the CA who
• issues the identity certificate) or the "identity holder" (the user who receives and uses the identity certificate) be liable if the certificate is compromised? Until a rule for liability in this situation is determined, the marketplace for digital identity systems cannot operate efficiently, even if an identity infrastructure is implemented. Som
• State Initiatives 
   
  • See http://www.mbc.com/ds_sum.html for summaries of state digital signature legislation. 
    

    Pending Federal Initiatives 

   
  • See http://www.mbc.com/legis/congress.html for a summary of federal digital signature legislative initiatives.

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• Identity theft occurs when someone uses another person's personally identifying information, like a person's name, Social Security number, or credit card number or other financial information, without permission, to commit fraud or other crimes.

• • “Digital identity“ is the sum of all digitally 
    available information about an individual. It is 
    becoming increasingly complete and traceable, 
    driven by the exponential growth of available 
    data and the big data capabilities to process it
• •  “Digital identity“ is the sum of all digitally 
    available information about an individual. It is 
    becoming increasingly complete and traceable, 
    driven by the exponential growth of available 
    data and the big data capabilities to process it.

• Software piracy is the unauthorized   use of software. It includes the illegal duplication of copyrighted   software or the installation of copyrighted software on more
• computers   than authorized under terms of the software license agreement.   (Encarta® World English Dictionary [North American Edition]   © & (P) 2001 Microsoft Cor

• In the US, the infringer could   be fined up to $250,000 and jail terms of up to five years."  
    Retrieved from the World Wide Web, July 21, 2002, http://www.siia.net/piracy/faq/default.asp)

   
• • 
    
    
    
    2002 Addendum to the Educator's Guide to Computer Crime and Technology Misuse: Software Piracy, Yvette Kelsey, retrieved from the World Wide Web, August 4, 2002,
    http://lrs.ed.uiuc.edu/wp/privacy-2002/piracy.htm
    
    
    
    
    Anti-Piracy, Business Software Alliance, retrieved from the web on July 21, 2002
    http://www.bsa.org/usa/antipiracy/
    
    
    
    
    Anti-Piracy FAQ, SIAA-Software and Information Industry Association, retrieved from the web on July 21, 2002, http://www.siia.net/piracy/faq/default.asp
    
    
    
    
    2002 Addendum to the Educator's Guide to Computer Crime and Technology Misuse: Software Piracy,
    http://lrs.ed.uiuc.edu/wp/privacy-2002/piracy.htm
    
    
    
    
    Software Piracy and the Law, Policies, Guidelines, and Laws, Emory University 
    http://www.emory.edu/ITD/POLICY/bsa.html
    
    
    
    
    Software Policy-Protecting Intellectual Property, Microsoft, retrieved from the web on July 21, 2002 
    http://www.microsoft.com/piracy/default.asp
    
    
    
    
    Software Watchdog Wraps Up Worldwide Software Piracy "Sweep", Business Software Alliance, retrieved from the web on July 21, 2002 
    http://www.bsa.org/usa/press/newsreleases//2002-06-17.1167.phtml

• 2002 Addendum to the Educator's Guide to Computer Crime and   Technology Misuse: Software Piracy, Yvette Kelsey, retrieved   from the World Wide Web, August 4, 2002,
    http://lrs.ed.uiuc.edu/wp/privacy-2002/piracy.htm  

   

  Anti-Piracy, Business Software   Alliance, retrieved from the web on July 21, 2002
    http://www.bsa.org/usa/antipiracy/
   
    Anti-Piracy FAQ, SIAA-Software and Information Industry   Association, retrieved from the web on July 21, 2002, http://www.siia.net/piracy/faq/default.asp  

   

  2002 Addendum to the Educator's   Guide to Computer Crime and Technology Misuse: Software Piracy,
    http://lrs.ed.uiuc.edu/wp/privacy-2002/piracy.htm  

   

  Software Piracy and the Law,   Policies, Guidelines, and Laws, Emory University
    http://www.emory.edu/ITD/POLICY/bsa.html  

   

  Software Policy-Protecting Intellectual   Property, Microsoft, retrieved from the web on July 21, 2002  
    http://www.microsoft.com/piracy/default.asp

   

  Software Watchdog Wraps Up Worldwide   Software Piracy "Sweep", Business Software Alliance,   retrieved from the web on July 21, 2002
    http://www.bsa.org/usa/press/newsreleases//2002-06-17.1167.phtml

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• BSA administers anti-piracy enforcement programs in over 60 countries worldwide, helping its members protect their intellectual property and drive innovation by taking legal action against commercial end-user license infringement.

• Consumer Software Piracy

  The unauthorized use, possession, downloading, duplication, distribution, or sale of copyrighted computer software.

  Copyright infringement is a serious problem for the computer software industry. Programs can be copied easily on a personal computer, thus making detecting and prosecuting infringements of software copyrights extremely difficult. By estimates of the Software Publisher's Association, nearly 25 percent of all software in use in the United States is pirated (acquired through unlawful copying), and domestic and international losses ran to $10.9 billion in 2001 alone. The growth of computer networks, especially the Internet, presents further problems by providing the means for the almost effortless transmission of data. In the 1990s, Congress strengthened protections for software, and aggressive litigation by the computer industry targeted corporations, individuals, and counterfeiters in an effort to clamp down on this massive theft. Yet during the early 2000s, law enforcement remained difficult as software pirates turned to new technologies to share files illegally.

  The Copyright Act (17 U.S.C.A. §§ 1 et seq.) gives exclusive rights to the authors of computer software. Their work is a type of Intellectual Property, which the law treats differently from tangible property. Software companies own their copyrighted programs even after selling them to consumers

• The hacker, Andrew Auernheimer, was convicted and sentenced last month to more than three years in prison for obtaining about 120,000 e-mail addresses of iPad users from AT&T’s Web site
• and giving them to the Web site Gawker
• The case highlights a growing debate over how to define right and wrong in the digital age, what is public and proprietary online, and how far law enforcement should go in pursuing cybercrime.

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• Hacking is breaking into computer systems, frequently with intentions to alter or modify existing settings. Sometimes malicious in nature, these break-ins may cause damage or disruption to computer systems or networks. People with malevolent intent are often referred to as "crackers"--as in "cracking" into computers. 

    "Unauthorized access" entails approaching, trespassing within, communicating with, storing data in, retrieving data from, or otherwise intercepting and changing computer resources without consent. These laws relate to either or both, or any other actions that interfere with computers, systems, programs or networks. 

• Intellectual Property Theft and Supply Chain Risks

   

  Intellectual property rights violations, including theft of trade secrets, digital piracy, and trafficking counterfeit goods, also represent high cyber criminal threats, resulting in losses of billions of dollars in profits annually. These threats also pose significant risk to U.S. public health and safety via counterfeit pharmaceuticals, electrical components, aircraft parts, and automobile parts.

   

  Cyber crime that manipulates the supply chain could pose a threat to national security interests and U.S. consumers. Poorly manufactured computer chips or chips that have been salvaged and repackaged infringe on intellectual property rights and could fail at critical times, posing a serious health and safety threat to U.S. citizens. Malware could be embedded on the chips to exfiltrate information from computers and result in the theft of personally identifiable information (PII) that could then be used in future cyber crimes. As the quality of counterfeit goods increases, U.S. consumers may be challenged to tell the difference between authentic and fraudulent goods.

   

  Operation Cisco Raider is a joint initiative between the U.S. and Canada that targets the illegal distribution of counterfeit network hardware manufactured by private entities in China. The use of counterfeit network components can lead to exploitation of cyber infrastructure vulnerabilities and even network failure. Since 2006, Operation Cisco Raider has seized over 3,500 network components amounting to $3.5 million of Cisco retail products. Ten individuals have been convicted as a result of the joint initiative.

• As the subcommittee knows, we face significant challenges in our efforts to combat cyber crime. In the current technological environment, there are numerous threats to private sector networks, and the current Internet environment can make it extremely difficult to determine attribution.

   

  We are optimistic that by strengthening relationships with our domestic and international counterparts, the FBI will continue to succeed in identifying and neutralizing cyber criminals, thereby protecting U.S. businesses and critical infrastructure from grave harm.

   

  To bolster our efforts, we will continue to share information with government agencies and private industry consistent with applicable laws and policies. We will continue to engage in strategy discussions with other government agencies and the private sector to ensure that American ingenuity will lead to new solutions and better security. We will continue to build a skilled workforce to operate in this challenging environment.

   

  We look forward to working with the subcommittee and Congress as a whole to determine a successful course forward for the nation that allows us to reap the positive economic and social benefits of the Internet while minimizing the risk posed by those who would use it for nefarious purposes.

• Copyright law protects the value of creative work. When you make unauthorized copies of someone’s creative work, you are taking something of value from the owner without his or her permission.  Most likely, you’ve seen the FBI warning about unauthorized copying at the beginning of a movie DVD.  Though you may not find these messages on all compact discs or music you’ve downloaded from the Internet, the same laws apply.  Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, rental or digital transmission of copyrighted sound recordings. (Title 17, United States Code, Sections 501 and 506).
  
• governed by the copyright laws. Therefore, unauthorized uploading and unauthorized downloading are unauthorized uses governed by the copyright laws . . . ."
  Ohio v. Perry, 83 Ohio St. 3d 41, 697 N.E.2d 624 (Ohio 1998).

• The unauthorized copying of copyrighted computer programs is . . . an infringement of the copyright . . . . [U]nauthorized copies . . . are made when such games are uploaded to the BBS [Bulletin Board Service] . . . [and] when they are downloaded to make additional copies by users . . . ."
  Sega Enterprises v. MAPHIA, 857 F. Supp. 679 (N.D. Cal. 1994).

   

  "‘[C]opying,’ for the purposes of copyright law, occurs when a comput

• rmanent storage device to a computer's random access memory. In this case, copies were made when the Sega game files were uploaded to or downloaded from [the defendant’s] BBS [Bulletin Board Service]."
  Sega Enterprises. v. Sabella, 1996 U.S. Dist. LEXIS 20470 (N.D. Cal. 1996).

   

  …and Copyrighted Text:
• hich they add remarks or commentary . . . . The Plaintiffs' [Los Angeles Times and Washington Post] complaint alleges that unauthorized copying and posting of the articles on the Free Republic site constitutes copyright infringement . . . . [P]laintiffs' motion for summary adjudication with respect to fair use is granted . . . ."
  L.A. Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669 (C.D. Cal. 2000).
• n a person browses a website, and by so doing displays the [copyrighted] Handbook, a copy of the Handbook is made in the computer's random access memory (RAM), to permit viewing of the material. And in making a copy, even a temporary one, the person who browsed infringes the copyright. Additionally, a person making a printout or re-posting a copy of the Handbook on another website would infringe plaintiff's copyright."
  Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F. Supp. 2d 1290 (D. Utah 1999).

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• • high light functionality problematic on this page

• Carnegie Mellon University raises awareness about copyright law and takes appropriate action in support of enforcement as required by policy and law
• In addition, the policy prohibits the duplication of software for multiple uses, meeting the Digital Millennium Copyright Act (DMCA) requirements