Laws

 Types of law

1. Criminal

    + Beyond a reasonable doubt can be difficult to meet this burden of proof in computer-related crimes.

    + Penalties: Financial,Jail-time,death

        + Felonies: More serious of the two.

    Often penalty results in incarceration of at least a year .

        + Misdemeanors: Normally the less serious of the two with fives or jail-time of less than one year.

    + The goal of criminal penalties is :

        + Punishment

        + Deterrence

2. Civil (Tort)

    + Preponderance of evidence

    + Damages

        + Compensatory: Paid for the actual damage which was suffered by a victim,including attorney fees,loss of profits,medical costs,investigative costs etc.

        + Punitive: Designed as a punishment for the offender.

        + Statutory: an amount stipulated within the law rather than calculated based on the degree of harm to the plaintiff.Often,statutory damages are awarded for acts in which it is difficult to determine the value of the harm to the victim.

    + Liability, Due care,Due Diligence,Prudent Person Rule are all pertinent to civil law as well as administrative law.

3. Regulatory

    + Defines standards of performances and regulates conduct for specific industries. 

        + Banking (Basel 11)

        + Energy (EPACT) of 2005

        + Health care (HIPAA)

    + Burden of Proof is "more likely than not".

    + Penalties consist of financial or imprisonment.

4. Intellectual Property

    + Intellectual Property Law

        + Protecting products of the mind.

        + Company must take steps to protect resources covered by these laws or these laws may not protect them.

    + Main international organization run by the UN is the World Intellectual Property Organization (WIPO)

    + Licensing is the most prevalent violation,followed by plagiarism,piracy and corporate espionage.