Cyber Law - Important Points You Should Always Keep In Mind

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Having practice internet law for well over 10 years, I've come to realize I'm not getting any younger. Fortunately, the passage of time has also brought at least some wisdom when it comes to understanding where many sites go wrong from a legal perspective. In this article, let's take a look at a few of the common ones in the hope that you don't run afoul of them.

Images and Content

Oh, the mighty temptation. The web has made everything so easy, perhaps too easy in many circumstances. The fact that you can highlight something, copy it and then paste it onto your site does not mean you should. Most people know about copyright if only because they received a nasty letter for downloading their favorite music for free. Well, it is a nasty area and one you can really get into trouble with. If you use someone's image without permission, then the statutory damages under the law can be as high as $70,000 an image. Since nobody copies just one image, the numbers can grow quickly. There are plenty of free content sites out there, so don't make this mistake.

Email Agreements

Nothing drives me nuts more than email agreements. This is the digital version of the handshake agreement in the brick n' mortar world. Two parties negotiate out a deal by passing emails back and forth or instant messaging. They then go into business together. Something changes with the search engines, product or whatever and suddenly they have very differing views on how things should work. A dispute arises. Guess what? The terms you discussed via email or chatting don't mean anything. Instead, you end up in court with a 60 year old judge who can barely turn on his computer deciding how to distribute the content of your site. It usually ends in tears, so don't make this mistake. Get everything in a contract up front. If the other party doesn't want to put it in writing, that should tell you something!

Burning Bridges

I have to admit I have never seen a field where more people burn bridges than the online business industry. While it can sometimes become a legal issue, it is mostly a practical one. Are you nuts? Why do this? There is an old saying that you should be nice to the people you pass when climbing up the business ladder because you'll be seeing them again when you are on your way back down. A lot of people are learning this now given the horrors of the Great Recession. Just because you are on the web, you shouldn't go with a scorched earth policy. Leaving people with a bad impression can come back to haunt you in the future...a future where you might just need a break or a job.

The internet has created an entirely new medium for business. All and all, the digital revolution has been pretty amazing. You should partake of it. Just make sure you don't leave yourself open to legal or practical problems.

Richard A. Chapo is an internet law attorney with SanDiegoBusinessLawFirm.com.

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Cyber Crimes and the Law

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Defining Cyber crime is not so simple and perhaps that is why there has not been a single definition that is collectively approved by all the law enforcing bodies. However, the below mentioned definition is a commonly accepted and generally used definition by Various US law enforcing bodies:

"A criminal offense in which the computer is involved as an object of crime or as a tool for committing an offense's material component."

If you find yourself under criminal investigation for cyber crime then you should definitely seek legal advice. It is always better to have some knowledge about the law and crime that you are dealing with in order to save yourself from any unjust or undeserving sentences. Further, it will help you in avoiding any activity that may break the cyber law and put you in trouble.

Some of the most common and well defined internet crimes are:

Child pornography: Online predators targeting children are in the top hit list of FBI. Child pornography is considered a very serious crime and even the possession of one such picture can land you in prison for five years. According to 18 U.S.C 110, Sexual Exploitation and Other Abuse of Children, the punishment for such a crime can be up-to 15 years in federal prison.
Cyber stalking: Like the stalking in the real world, people can also stalk others over internet. Cyber stalking falls under the category of harassment and is a punishable offence.
Scams and fraud: Fraud is actually a very broad term and covers a lot of different actions and activities. Basically, these crimes are dishonest acts which are done in order to gain monetary benefits.
Trademark violations: Like it sounds, the trademark violations are those crimes where the registered trademark of one business is used by some other third party over the internet, with or without intent.
Copyright violations: Copyright violations are perhaps the most common online activity. Copying content from any other source on the internet and using it for personal purpose without citing and linking to the source is considered as copyright violation.
Computer and network hacking: These are the cyber crimes which are related to computer as well as network dealings. Such crimes include hacking, website defacing, creating and distributing computer viruses maliciously etc.
Credit card hacking: Credit card hacking also falls under fraud cases but it is now a very common crime therefore we would point it out separately. The credit card information of users is retrieved and hacked by unauthorized personals who intend to use it for personals gains.
Bank account hacking: Just like credit card hacking, the bank card hacking also involves access of bank account information of users. This information is then usually used for transferring funds to other accounts.

The first law against cyber crime was enacted in 1984 and was called "The Computer Fraud and Abuse Act". CFAA is the most important computer statute in US as all the other statutes concerned with above problems come by modifying the CFAA.

Further, in 1986 "Electronic Communication Privacy Act" was enacted which actually was an amended version of wiretap law. According to this law, intercepting, using, accessing or disclosing of transmitted or stored electronic communications without authorization is illegal.

Now that you know something about cyber crime and law you can avoid situations where you can be accused of cyber crime. Further, if you have any doubt or confusion then you can ask legal questions to cyber law attorneys over internet for free and clear all your doubts. It is always better to be informed than make mistake and then regret.

Legaladvice dot com is a platform that abridge the gap between common person looking for free law advice and the legal industry experts who can offer legal suggestions to them. Ask legal questions from the best attorneys in your area based on specialty or by location

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Cyber Detectives: Who You Gonna Call?

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As a cyber detective agency, we often tell people that we are the last person you ever want to call.

You remember the old joke. "You know you are having a bad day when Mike Wallace from 60 minutes shows up on your door step"...

Unfortunately, the same is true in our business but thankfully, most people do not need to hire a detective until the internet turns very ugly on them. To best illustrate, let me just give you a couple of examples of how badly the internet has gone for some and then the courses of action to help fix it.

In one recent case, a US Corporation was being blackmailed for over $1 Million dollars by a group that had adverse information and was threatening to expose it worldwide, with the push of a button. Quite frankly, there are not many companies around who don't have some type of information, including trade secrets, that would be devastating if openly exposed on the internet.

In another case, a client was attacked by an antagonist putting up a defamatory site aimed at destroying a private cancer center and diverting business. The attacks were totally unfair and were substantially hampering getting further clients. For something as serious as cancer treatment, any potential client of the center's is going to research their reputation online and come across this very negative (and untrue) information. Obviously, the center must somehow respond and defend their reputation.

To further date myself, this is like an old rerun of the movie Ghostbusters: "Who you going to call when the internet turns nasty?" A cyber detective, that is who.

Frankly, for most clients, they are really distraught by the time they stumble their way into an internet detective agency because they have not been able to make any headway anywhere else.

What a competent detective can do for you is to first, really help you understand realistic options. These options may range all the way from identifying the attacker, to establishing a chain of evidence for litigation support, to developing a case that is then suitable for local law enforcement to then take action.

To accomplish these objectives, the high-tech investigators must maintain a set of skills and software tools that are just not available to the average person, company, lawyer, or even local law enforcement. When people attack online, they typically do not "sign their name" to the information. So, even though the victim may "KNOW" who is doing the attacks, they frequently cannot prove it. This is a role where a good, licensed private detective can help you, especially one with extensive cyber training.

Are you the victim of a cyber attack? If so, check out the Cyber Detective services at http://www.reputationdefenseonline.com/

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E-Commerce And Cyber Crime - Part 5

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E-business security is not any detached process. It is an ongoing as well as comprehensive process of adding, removing and managing action layers that are based upon holistic risk management strategies. In military as well as other organizations, this concept is referred to as "defense in depth," a popular mark that does not sufficiently capture the concept of a "from-the inside-out" cyber defense.

Nowadays the organizations are providing greater access to their systems to the normal people as well as the outer systems. So the danger is immense now. For getting safe from that danger, an organization needs to integrate a cyber defense system encompassing all the interconnectedness points from the inside out. In order to avoid escalating e-crime risks, the organizations need to avoid one dimensional, under informed behavior and rather develop a holistic strategy in case of cyber defense. There are some steps that are taken by the leading organizations. These are as follows:

1. Establish security policies that are focused, clear and integrated.
2. Alert the employees properly and provide them with technical training.
3. Hire capable as well as trained workers and support them in building and maintaining an integrated response to attacks.
4. Inspire awareness about the electronic risks and threats throughout the organization.
5. Pursue the e-crime perpetrators against the organization to the fullest extent of law.

Such a system offers a lot of benefits in deterring attacks and in diminishing the intrusion effects. If properly implemented as well as communicated, an enterprise wide cyber defense system can help an organization in case of preventing liability on behalf of the client management, avoiding regulatory action or potential lawsuits, recovering lost revenue, maintaining or restoring its reputation as well as integrity. Thus preparedness can become a strategic advantage in a business environment that is increasingly dependent on the security as well as reliability of the computer networks.

An ideal enterprise wide cyber defense includes integrated strategies which is established in the form of policies, procedures, philosophies, practices etc. and is implemented through defined action plans. These strategies should encompass legal, technical and business strategies. These strategies should be implemented in such a way that considers customers, employees, suppliers, third party relationships and other key stakeholders. Thus, instead of a "wrap around" capability which encompasses all the systems as well as processes, a strong cyber defense system is an integral part of those processes and systems.

When creating a cyber defense system, organization leaders should consider very carefully what they can lose.

Assets of new economy business encompass a wide variety of intangibles that can be removed very easily in a virtual setting. In order to understand the implications of potential losses and have the ability to defend against them, organization leaders need to learn how to define "assets" in the widest possible way. Once the organization knows what they need to protect, they need to develop a specific strategy to implement an enterprise wide defense program. Such a strategy should encompass response procedures as well as standards that are integrated into daily business.

http://www.criminalattorneyin.net/ is the resource for your ultimate criminal law solution.

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Cyber Stalking and Cyber Bullying - Don't Let It Happen to You

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I am on the lam. Running for my life. I feel like pinching myself because it is surreal. Is this really happening? How can it be that my life has been so disrupted by one person?

What is worse, is that this is the second time in 15 years that I have had to do this. Sell everything I own. Change my name. Leave town. Start my life over from square one. New friends, new loves, new work, new everything. This just doesn't happen to people. Why can't I stop it?

I am writing this article because I want other victims out there to know how far these kinds of games can be taken, and what to do from the very start. Because at the very start I didn't take this serious enough and it spun out of control so fast and so horrendously.

Cyber stalking and cyber bullying are on the rise. And if you get on the other side of a really sick and sadistic person, as I did 15 years ago, your life can become a nightmare of epic proportion. Cyber stalking and cyber bullying usually flip back and forth between online and offline harassment. Take care if you think somebody is victimizing you online. Online abuse can become offline abuse very quickly, and the opposite is true as well.

I have made so many mistakes throughout the course of my ordeal. If you think that you are a victim of a cyberstalker or cyberbully perpetrator, please read the following and take the necessary action.

Don't ignore the first signs of stalking, bullying and harassment.

This was my biggest mistake. The minute I began having trouble with these people I should have slapped a restraining order on them. Even though I could not prove they were doing anything, a restraining order would have shown them that I was not going to put up with their stuff, and also if I were to get evidence, the consequences would have been more harsh for them. Nobody wants a criminal record, and so it's a good idea to let them know you mean business.

Don't think that they will stop. They will not stop until you stop them.

This has taken a long time for me to learn. I put up with vandalism, harassment and degradation of my character for 3 years before my first time moving, thinking the perpetrators would have moved on to attempting to have a life of their own, and I was wrong.

Then, after 5 or 6 years of thinking the ordeal was over, I allowed myself to be vulnerable to it yet again, and that is why I am in the position I am in today.

This personality type will not stop for anybody or anything. They are mentally disordered, do not forget that. They do not think like you and I or anybody operating within the realms of normal behavior.

If your trouble continues, move and do it fast.

If a restraining order doesn't work and you cannot stop them, move immediately, quietly, and do not tell anybody when or where you are going. Get a P.O. Box at least 2 zip codes away from where you are living. Do not forward mail through the U.S. Post Office. Contact the people you receive mail from and give them the P.O. Box.

Also, these days there is virtual mail. There are a lot of services out there, so pick one that suits you, and don't tell anybody that you are doing it. I made the mistake of thinking that the people working at the service would not give out my information. I gave the address out to one of the perpetrators and the service was compromised. So if you sign up for virtual mail, keep in mind they are not as solid as the U.S. Post Office, and can be compromised. Keep the information to yourself.

Don't give your cell phone number to anybody.

If your stalker/bully is clever like mine, she will infiltrate your social circle somehow to find out where you are. There is a product on the market which allows these types to install software onto their computer, put your cell phone number in, and then your perp will have access to your phone conversations and text messages. More frightening, they can track your movements through the GPS feature on your phone. They do not need access to your cell phone to do this. They can't access your email, but any access to private conversation, texting or your whereabouts is heinous and violating.

Get a land line or VOIP through the computer, change your cell phone number and use the cell for emergencies only. Sorry. It's terrible to have to give up that cell, but if you are in serious trouble, you just have to do it.

Computer security.

When going through your emails, do not click on any links from anybody who you are not familiar with. There is a way for perpetrators to send an email with a link that if clicked will install a software on your computer, without your knowledge, that will give them access to your emails. Be very careful with this, it is all too easy to absent-mindedly click on a link that can cause you a lot of cost and trouble.

Visit http://www.thejoythieves.com/stalker-personality-type/ to find out about the cyberstalker/bully personality type and what they are capable of.

Written by Connie Brill. Find out more at http://www.thejoythieves.com/

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Do You Need An Internet Bodyguard To Protect You From A Cyber Bully?

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By now we have all heard of cyber bullies and cyber stalkers. These are the people that lurk in the shadows of the Internet and use their anonymity to lash out at innocent people. they will stalk, harass, and defame good honest people and their families. But if you have a cyber bullies are there also cyber bodyguards that can come to your defense?

The answer is yes! There are cyber investigators that specialize in locating and identifying trouble makers online. They do this by tracing the cyber bully's email address back to the sender to get a name and address on them. They can even take an anonymous post on Craigslist or Facebook and identify the author of that too.

Some of these online bodyguards will also consult with you on how to counter existing defamatory comments and blogs posts. They can show you how to neutralize the false negative information and emphasize the true positive information about you. This is accomplished through something called search engine optimization. A method used to manipulate the search engines to show positive information you on the top search engine results and force the false negative comments to lower search engine ranking places.

An Internet bodyguard will work in the same way that a real life body guard will work. They will assess the threat to you. Identify the persons making that threat. Remove you from the threatening situation, neutralize the persons making the threat. But an Internet bodyguard can also repair the damage the stalker has created by creating positive true Internet content about you.

The next step may be to help prepare a civil case to litigate against your stalker. A private investigator that specialized in cyber body guarding can also run a background check on the cyber bully. Determine their worth. Document all the offences and help your attorney prepare a case against them. It could just be for a restraining order or it may be to recover financial damages.

So while we may hear a lot about Internet Cyber bullies it's good to know there are good guys out there working hard to protect the victims of cyber stalkers. Not only to locate and identify the stalker but also repair the online damage and assist you in documenting and preparing litigation. A stalker my be able to hide but they can't run forever. They will be caught sooner or later.

Copyright (c) 2011 Opperman Investigations Inc

Ed Opperman is President of Opperman Investigations Inc.If you need help with a cyber stalking investigation visit http://www.emailrevealer.com/

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Cyber Law and Privacy - Is The Game Going to Change Once Again?

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On your personal computer are many things, private things, and things which are no one else's business. Bank account numbers, private emails, and all sorts of things. Likewise, when you go online to search various things - that's your business, perhaps you are planning on going to a movie, out to dinner, or shopping for a gift. It's really none of anyone else's business. Unfortunately, authorities would have you believe that it is their business.

Well, that's a scary thought really, especially in the wake of the tabloid scandal listening in on voice mails of the families of murder victims in England. Let's discuss all this for a moment shall we?

There was an interesting article on SlashDot (News for Geeks Recently) titled "Law Enforcement Still Wants Mandatory ISP Log Retention" posted by Soulskill on July 12, 2011 who cites Schwit1 from CNET, which stated;

"Law enforcement representatives are planning to endorse a proposed federal law that would require ISPs to store logs about their customers for 18-months, and a board member of the National Sheriffs' Association says ISPs do not store customer records long enough. 'The limited data retention time and lack of uniformity among retention from company to company significantly hinders law enforcement's ability to identify predators when they come across child pornography'. They want any stored logs available to be used to prosecute any type of crime."

Okay so, I want to collect and prosecute the bad guys and evil-doers as much as anyone else. I have no use for drug dealers, child molesters, murderers, or anyone else that would create heinous crimes against humanity for that matter. However, I also know that in our Constitution our personal belongings are not to be searched or seized without our permission. And no government official, or police are allowed to enter your home and look at your personal belongings, personal journal, or anything else that you own.

So then, why is it okay to command ISPs, and cloud computing companies to save data and information that is personal, even when you've deleted it, or don't wish that information to be collected? Yes, I don't doubt that it could help solve crimes, and it would be nice to solve crimes, I really believe that. But certainly not at the expense of personal freedom, this is the United States of America still. And if the National Sheriff's Association is able to lobby such a law into existence, one could ask exactly how they are helping the American people or protecting them?

After all, The National Sheriff's Association is supposed to be protecting people, and protecting their rights, and they are even swear to uphold the law and constitution, so may I ask why they are lobbying to take away rights from citizens and go against the law of the land? I find this fascinating. I also find it quite troubling, and if you love freedom and liberty you to understand. Indeed I hope you will please consider all this and think on it.

Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 24,000 articles by July 24, 2011 is going to be difficult because all the letters on his keyboard are now worn off now..

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