| Overview: Legal Aspects of Security in the Digital Marketplace | p. 1 |
| What is the digital marketplace? | p. 2 |
| What are the sources of the legal rights addressed in this book? | p. 2 |
| What is the purpose of this book? | p. 3 |
| Who should read this book? | p. 4 |
| How is the book organized? | p. 5 |
| Basic lessons | p. 6 |
| Managing Electronic Records and Evidence | p. 9 |
| Records as evidence | p. 11 |
| Consequences of disclosure | p. 15 |
| Placing records in context | p. 19 |
| Know what records you possess | p. 21 |
| Know where the records are and who has access to them | p. 23 |
| Understand what kind of story your records tell | p. 25 |
| Implement policies and practices to manage those records | p. 28 |
| General legal protection for electronic records | p. 31 |
| Financial, health, and medical records | p. 32 |
| Mandatory records | p. 34 |
| Public records | p. 34 |
| Other electronic records | p. 35 |
| International aspects | p. 36 |
| Electronic records management checklist | p. 39 |
| Sample topics for electronic records policies and practices manual | p. 41 |
| HIPPA records compliance | p. 43 |
| Gramm-Leach-Bliley Act financial security guidelines action plan | p. 45 |
| Preventing Unauthorized Access | p. 47 |
| Different forms of unauthorized access | p. 48 |
| Criminal penalties | p. 48 |
| Criminal penalties against unauthorized system access | p. 48 |
| Criminal penalties against unauthorized data access | p. 51 |
| Criminal penalties against unauthorized access code use | p. 52 |
| Criminal penalties for network sabotage | p. 53 |
| Data theft | p. 54 |
| Civil or private law claims | p. 54 |
| Economic or business tort claims | p. 55 |
| Interference with property rights | p. 57 |
| Controlling access to protect trade secrets | p. 59 |
| Unsolicited commercial e-mail: The spam problem | p. 61 |
| The "zombie" network problem | p. 63 |
| Access in an environment of outsourcing IT functions | p. 65 |
| Unauthorized access in the pervasive computing environment | p. 67 |
| Access by government authorities | p. 68 |
| Mandatory access | p. 71 |
| Computer system access guidelines | p. 75 |
| Sharing liability between contractors and clients | p. 77 |
| Minimizing potential liability associated with commercial e-mail | p. 79 |
| Managing unauthorized access events | p. 80 |
| Insurance as a means of limiting legal risk | p. 82 |
| Legal aspects of access security testing and disclosures | p. 84 |
| Preventing System Misuse | p. 87 |
| Liabilities caused by employees | p. 88 |
| Employer liability to employees | p. 88 |
| Employee liability to employers | p. 89 |
| Liability associated with other classes of system operators and users | p. 92 |
| Harassment | p. 94 |
| Defamation | p. 95 |
| Financial disclosures | p. 97 |
| Personal data | p. 98 |
| Intellectual property | p. 98 |
| Trade secrets | p. 101 |
| Export Controls | p. 103 |
| Antitrust and competition law | p. 104 |
| Acceptable use standards | p. 105 |
| Monitoring of employees | p. 108 |
| Due diligence in hiring, training, and termination | p. 111 |
| Contractors and business partners | p. 112 |
| Customer use | p. 112 |
| Deliberate misuse versus inadvertent conduct | p. 113 |
| Insurance | p. 114 |
| Acceptable use standards | p. 115 |
| Guidelines for system monitoring by employers | p. 118 |
| Tips for monitoring by ISPs and other on-line service providers | p. 120 |
| Coordinating acceptable use standards with contractors and business partners | p. 122 |
| Protecting Data | p. 125 |
| Information privacy | p. 125 |
| General privacy laws | p. 126 |
| Internet and electronic privacy laws | p. 129 |
| Special categories of protected information | p. 131 |
| Contract law | p. 132 |
| Consumer protection rules | p. 133 |
| Tort law protection | p. 133 |
| Civil liberties | p. 135 |
| Privacy and location tracking | p. 135 |
| Privacy practices | p. 136 |
| Privacy practices and procedures for personal information | p. 139 |
| Protecting Intellectual Property: Digital Rights Management | p. 141 |
| Managing licensed products | p. 141 |
| Work-for-hire | p. 142 |
| Copyright piracy | p. 143 |
| Regulating copyright circumvention technologies | p. 144 |
| Open-source content | p. 146 |
| Peer-to-peer content sharing | p. 147 |
| Linking, framing, and cached content | p. 149 |
| Domain name management | p. 152 |
| Metatags, keywords, and Web search systems | p. 154 |
| Property rights claims | p. 156 |
| Business method patents | p. 157 |
| Trade secrets | p. 159 |
| Managing copyrighted material | p. 160 |
| Trademark management strategies | p. 162 |
| Managing trade secrets and other proprietary material | p. 164 |
| Preserving E-Commerce Transaction Integrity | p. 165 |
| Key elements of electronic contracts | p. 166 |
| Digital signatures | p. 168 |
| Certification authorities | p. 170 |
| Payment processing | p. 172 |
| Transaction documentation | p. 174 |
| Transaction security | p. 174 |
| UCITA | p. 175 |
| Notices and click-through agreements | p. 178 |
| Taxation | p. 179 |
| Contraband and illegal products | p. 181 |
| Dispute resolution | p. 182 |
| Creating enforceable commercial contracts | p. 185 |
| Documenting e-commerce transactions | p. 188 |
| Legal guidelines for use of electronic signatures | p. 190 |
| Legal checklist for certification authorities | p. 192 |
| On-Line Exchanges, Auctions, and Outsourcing | p. 195 |
| Managing trade secrets in commercial exchanges | p. 196 |
| Antitrust and competition law for trading exchanges | p. 197 |
| Auction fraud | p. 203 |
| Auctioning regulated products | p. 205 |
| Intellectual property in on-line auctions | p. 208 |
| Property rights for information | p. 210 |
| Rights and duties of a provider of outsourced services | p. 211 |
| Legal guidelines for on-line auctions | p. 214 |
| Legal principles for on-line commercial exchanges | p. 216 |
| Managing legal compliance for outsourced services | p. 217 |
| Conclusion: Future Trends and Challenges | p. 219 |
| The ubiquitous network | p. 219 |
| Diversity of content and applications | p. 221 |
| Distributed computing | p. 222 |
| Open-source content | p. 222 |
| On-line communities for collaborative commerce | p. 223 |
| Increasing regulation and multijurisdictional compliance | p. 224 |
| Self-defense in the digital marketplace | p. 225 |
| Security as a management issue | p. 226 |
| Security as a competitive advantage | p. 227 |
| Final thoughts | p. 227 |
| Selected Bibliography | p. 229 |
| About the Author | p. 239 |
| Index | p. 241 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
