Section 814 — Deterrence and prevention of cyberterrorism: This section strengthens penalties associated with violations in the CFAA, including doubling the maximum prison sentence from 10 to 20 years.
Section 815 — Additional defense to civil actions relating to preserving records in response to government requests: This amendment absolves an organization from civil penalties associated with violations of the ECPA if the organization is responding to “a request of a governmental entity.”
Section 816 — Development and support for cybersecurity forensic capabilities: This section requires the U.S. Attorney General to establish regional computer forensic laboratories to support forensic examinations on seized or intercepted computer evidence. Section 816 also requires these laboratories to provide forensic analysis training and education to federal, state, and local law enforcement personnel and prosecutors. This section also includes open-ended language authorizing these forensic labs “to carry out such other activities as the U.S. Attorney General considers appropriate.”
U.S. Homeland Security Act of 2002
The Homeland Security Act was enacted in 2002, building off the Patriot Act's response to the September 11, 2001, terrorist attacks in the United States. The Homeland Security Act sparked the largest U.S. government reorganization since the creation of the Department of Defense in 1947. Under the Homeland Security Act, dozens of government agencies, offices, and services were consolidated into the newly created U.S. Department of Homeland Security (DHS). With the creation of the DHS, a new cabinet-level position, Secretary of Homeland Security, was also created. Title X of the Homeland Security Act identifies several standards, tactics, and controls that should be used to secure U.S. federal government information. Title X and its subsections establish the authorities, responsibilities, and functions associated with information security.
U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
The U.S. Controlling the Assault of Non-Solicit Pornography and Marketing Act was signed into law in 2003. This law established the United States' first national standards for sending commercial emails in response to the growing number of complaints over spam (unwanted) emails. The law requires companies to allow email recipients to unsubscribe or opt out from future emails and establishes a variety of requirements around email content and sending behavior. CAN-SPAM designates the Federal Trade Commission (FTC) as responsible for enforcing the provisions within the Act.
U.S. Intelligence Reform and Terrorism Prevention Act of 2004
The Intelligence Reform and Terrorism Prevention Act of 2004 established the National Counterterrorism Center (NCTC) and the position of the Director of National Intelligence (DNI). Under this law, the Department of Homeland Security and other U.S. government agencies are required to share intelligence information to help prevent terrorist acts against the United States. This act also established the Privacy and Civil Liberties Oversight Board with the intent of protecting the privacy and civil liberties of U.S. citizens.
The Council of Europe's Convention on Cybercrime of 2001
The Convention on Cybercrime, also known as the Budapest Convention, is the first international treaty established to address cybercrime. The treaty was first signed in 2001 and became effective in 2004, and has since been signed by more than 65 nations (the United States ratified the treaty in 2006). The treaty aims to increase cooperation among nations and establish more consistent national laws related to preventing and prosecuting cybercrime.
The Computer Misuse Act 1990 (U.K.)
The Computer Misuse Act came into effect in the United Kingdom in 1990 and introduced five offenses related to cybercrime:
Unauthorized access to computer material
Unauthorized access with intent to commit or facilitate commission of further offenses
Unauthorized acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
Unauthorized acts causing, or creating risk of, serious damage
Making, supplying, or obtaining articles for use in other offenses
Information Technology Act of 2000 (India)
The Information Technology Act was passed by the Indian Parliament in 2000 and amended in 2008. The act established legal recognition of electronic documents and digital signatures, while it also established definitions and penalties for cybercrimes such as data theft, identity theft, child pornography, and cyber terrorism.
Cybercrime Act 2001 (Australia)
The Cybercrime Act 2001 was Australia's response to the September 11, 2001, terror attacks in the United States. The Cybercrime Act 2001 defined serious computer offenses such as unauthorized access, unauthorized modification, and unauthorized impairment of electronic communication, and also established penalties for such crimes.
Licensing and Intellectual Property Requirements
Despite the growing list of cybercrime laws that exist today, it's still fairly difficult to legally define and prosecute computer crimes. As a result, many prosecutors fall back on traditional criminal law concepts such as theft and fraud. No matter what organization you work for, there is a good chance that you have some sort of IP that needs to be protected against theft and fraud. IP may include software, data, multimedia content like music and movies, algorithms, drawings, and so much more. As a CISSP, it is your job to protect all forms of IP.
There are various organizations around the world that establish and protect IP rights; among them are the World Trade Organization (WTO), World Customs Organization (WCO), and the World Intellectual Property Organization (WIPO).
There are numerous intellectual property laws and regulations in the United States, and they fit into five categories:
Licensing
Patents
Trademarks
Copyrights
Trade secrets
Licensing
Legal protections over intellectual property allow creators and inventors to profit from their work. Unfortunately, the ease with which information can be duplicated and transmitted has made it easier for people to copy information in violation of the legitimate owner's rights.
From an economic perspective, the effect is tremendous. By 2022, the global trade in counterfeited and pirated products, both physical and online, will grow to between 1.9 and 2.8 trillion dollars. Estimates by the Business Software Alliance (BSA) suggest that more than 40 percent of the software in use worldwide is not properly licensed.
Counterfeit goods also present significant economic as well as physical risks. A $460 billion–a–year industry, counterfeiting has been simplified by the e-commerce platforms and expedited international shipping, which has accompanied the lowering of trade barriers. The secondary impacts of illegal use of intellectual property are equally surprising. One estimate suggests that 23 percent of all bandwidth is consumed by activities that infringe on intellectual property.
While emerging technologies present opportunities for improving licensing methods, lack of enforcement remains one of the largest hurdles. With more applications transitioning to a cloud-enabled model, ensuring legal software licensing goes hand in hand with software as a service.
The use of unlicensed software increases the risk of software vulnerabilities,