COSC3325						3/24/2005

	Summary of Computer-related Federal Laws(II)

	2. Federal laws for Privacy and Access to Information (Continued)

	G. Privacy Protection Act of 1980.
	   (Section 2000aa, Title 42, United States Code)

	   1. Unlawful search or seizure of Work Product Materials
	      Notwithstanding any other law, unlawful for government officer
	      or employee, in connection with the investigation or prosecution
	      of a criminal offense, to search for or seize any work product
	      materials possessed by a person reasonably believed to have a
	      purpose to disseminate to the public a newspaper, book, broadcast,
	      or other similar form of public communication, in or affecting
	      interstate or foreign commerce.
	      Two exceptions:
		a. there is probable cause to believe that the person posses-
		   sing such materials has committed or is committing the
		   criminal offense to which the materials relate.
		b. there is reason to believe that the immediate seizure of
		   such materials is necessary to prevent the deaths of, 
		   serious bodily injury to, a human being.
	   2. Other documents
	      Notwithstanding any other law, unlawful for a government
	      officer or employee, in connection with the investigation or
	      prosecution of a criminal offense, to search for or seize docu-
	      mentary materials, other than work product materials, possessed
	      by a person in connection with a purpose to disseminate to
	      the public, in or affecting interstate or foreign commerce.
	      4 exceptions:
	  	a. the same as (a) above
		b. the same as (b) above.
		c. there is a reason to believe that the giving of notice
		   would result in the destruction, alteration, or conceal-
		   ment of such materials, or
		d. such materials have not been produced in response to 
		   to a court order and (all appellate remedies have been
		   exhausted or there is a reason to believe that the delay
		   in an investigation or trial would threaten the interests
		   of justice).
	
	H. Cable Communications Policy Act of 1984.
	
	   1.  Provides the overall framework for the regulation of the commu-
	       nications industry in the U.S.
	   2.  It does:
	     a. establish a national policy concerning cable communications,
	     b. establish franchise procedurs and standards which encourage
	     	the growth and development of cable systems and which assure
		that cable systems are responsive to the needs and interests
		of the local community,
	     c. establish guidelines for the exercise of Federal, State,
		and local authority with respect to the regulation of
		cable systems,
	     d. assure that cable communications provide diversity of info
		sources and services,
	     e. establish the orderly process for franchise renewal which
		protects cable operators against unfair denial of renewal
		where the operator's past performance and proposal for future
		performance meet the standards established by this Act, and
	     f. promote competition in cable communications and minimize
		unnecessary regulation that would impose an undue economic
		burden on cable systems.
	   3.A landlord cannot deny the tenants access to the cable service.
	   4.To address the concerns of subscriber's privacy, the Act
	     mandates:
	        At the time of entering into an initial agreement to
		provide any cable service and at least once a year thereafter,
		a cable operator shall provide notice in the form of a 
		separate, written statement to inform the subscriber of
		(a) The nature of personally identifiable info collected or
		    to be collected and the nature of the use of such info,
		(b) The nature, frequency, and purpose of any disclosure,
		    including the types of persons to whom the disclosure
		    may be made,
		(c) The period during which such info will be maintained,
		(d) The times and place at which the subscriber may have
		    access to such info, and
		(e) The limitations provided by this section w.r.t. the
		    collection and disclosure of info by a cable operator
		    and the right of the subscriber... to enforce such
		    limitations.

	I. Electronic Communications Privacy Act of 1986.

	   1. Before this Act, the Government was not allowed to intercept
	      phone conversation without a court warrant.
	      Before this Act, the limitations referred only to wire and oral
	      communication that could be heard by the human ear.
	   2. Developments in telecommunications in the 1970's and 1980's 
	      coupled with the 1982 divestiture of AT&T left then-current
	      laws inadequate.
	   3. Amended the Omnibus Crime Control and Safe Streets Act to protect
	      the security and privacy of personal and businees communications
	      of practically all kinds in the US.
	   4. Modeled after the 1978 Right to Financial Privacy Act regarding
	      interception of communications and surveillance.
	      It covers electronic communication and electronic communications
	      systems.

	J. Computer Security Act of 1987.
	   (Sectoins 271-278h, Title 15, United States Code)
	
	   1. To provide minimum security practices for federal computer 
	      systems in protecting sensitive information
	   2. Assigned to the National Bureau of Standards the "Responsibility
	      of developing standards and guidelines needed to assure cost-
	      effective security and privacy of sensitive information" in
	      government's computer systems.
	   3. Sensitive information includes
		...any information, the loss, misuse, or unauthorized access
		to or modification of which could adversely affect the national
		interest or the conduct of Federal programs, or the privacy to
		whichindividuals are entitled under section 552a of Title 5,
		United States Code (The Privacy Act of 1974)
	   4. Established a Computer System Security and Privacy Advisory 
	      Board within the Department of Commerce whose duties include:
		a. to identify emerging managerial, technical, administrative,
		   and physical safeguard issues relatie to computer systems
		   security and privacy;
		b. to advise the Bureau of Standards and the Secretary of
		   Commerce on security and Privacy issues pertaining to
	  	   federal computer systems; and
		c. to report its finding to the Secretary of Commerce,
		   the Director of the Office of Management and Budget, 
		   the Director of the National Security Agency, and the
		   appropriate committees of the Congress.
	   5. Federal agencies are required to specify computers with sensitive
	      information and devise a security plan for them.	

L. Child Online Protection Act (1998)

Title I: Protection From Material That Is Harmful to Minors 
Title II: Children's Online Privacy Protection 
Child Online Protection Act - Title I: Protection From Material That Is Harmful 
to Minors - Amends the Communications Act of 1934 to make it unlawful for anyone 
who, with knowledge of the character of the material, in interstate or foreign 
commerce by means of the World Wide Web, makes any communication for commercial 
purposes that is available to minors (persons under age 17) and that includes 
any material that is harmful to minors. Provides additional penalties for each 
violation. Makes such prohibition inapplicable to telecommunications carriers 
and other Internet service providers. Makes it an affirmative defense that such 
person: (1) requires the use of a credit card, debit account, adult access code, 
or adult personal identification number; (2) accepts a digital certificate that 
verifies age; or (3) uses other reasonable age verification measures. 
Prohibits a person making such a communication from disclosing any information 
collected for purposes of restricting access to such communication to 
individuals 17 years of age or older without the prior written consent of: (1) 
the individual concerned if such individual is an adult; or (2) the individual's 
parent or guardian, if such individual is under 17 years old. Requires the 
person making such communication to take necessary actions to prevent 
unauthorized access to such information. Provides exceptions with respect to 
disclosure that is: (1) necessary to make the communication or to conduct a 
legitimate business activity related to making the communication; or (2) made 
pursuant to a court order authorizing such disclosure. 
Requires a provider of interactive computer service, at the time of entering 
into an agreement with a customer, to notify such customer that parental control 
protections are commercially available that may assist the customer in limiting 
access to material that is harmful to minors. 
Establishes the Commission on Online Child Protection to study and report to the 
Congress on methods to help reduce access by minors to Internet material that is 
harmful to such minors. Terminates the Commission 30 days after its report. 
Title II: Children's Online Privacy Protection - Makes it unlawful for an 
operator of a website or online service directed to children under age 13, or 
any operator that has actual knowledge that it is collecting personal 
information from a child, to collect personal information from a child in a 
manner that violates regulations prescribed under this title. Protects such 
operator from liability for disclosures of such information to the child's 
parent. Directs the Federal Trade Commission (FTC) to promulgate regulations 
implementing such requirements. Outlines conditions under which verifiable 
parental consent shall not be required. 
Allows an operator to satisfy such regulatory requirements by following a set of 
self-regulatory guidelines issued by representatives of marketing or online 
industries or other approved individuals. Directs the FTC to provide incentives 
for such self-regulation. Requires expedited FTC response to requests from 
operators as to whether their self-regulatory guidelines are sufficient to 
satisfy the regulatory requirements. 
Authorizes the States to enforce such regulations by bringing actions on behalf 
of residents. Requires the appropriate State attorney general to first notify 
the FTC of such action. Authorizes the FTC to intervene in any such action. 
Provides for enforcement of this Act through the Federal Trade Commission Act. 
Directs the FTC to review and report to the Congress on the implementation of 
this title. 


M. Online Privacy Protection Act (2000)

  
  To require the Federal Trade Commission to prescribe regulations to protect 
  the privacy of personal information collected from and about individuals who 
  are not covered by the Children's Online Privacy Protection Act of 1998 on the 
  Internet, to provide greater individual control over the collection and use of 
  that information, and for other purposes. 

Online Privacy Protection Act of 2000 - Makes it unlawful for an operator of a 
Web site or online service to collect, use, or disclose personal information 
concerning an individual (age 13 and above) in a manner that violates 
regulations to be prescribed by the Federal Trade Commission (FTC) requiring 
such operators to protect the confidentiality, security, and integrity of 
personal information it collects from such individuals. Requires such 
regulations to require such operators to provide a process for such individuals 
to consent to or limit the disclosure of such information.
Directs the FTC to provide incentives for efforts of self-regulation by 
operators to implement appropriate protections for such information.
Authorizes the States to enforce such regulations by bringing actions on behalf 
of residents, requiring the State attorney general to first notify the FTC of 
such action. Authorizes the FTC to intervene in any such action.
Provides for enforcement of this Act through the Federal Trade Commission Act. 

3. Copyright Protection

	A. Copyright Act of 1976
	   
	   1. Provides protection to authored work against copying.
	      Originally, the Act protected authored work including:
		literary works,
		musical works, including any accompanying words,
		dramatic works, including any accompanying music,
		pantomimes and choreographic works,
		pictorial, graphic, and sculptural works,
		motion pictures and other audiovisual works, and
		architectural works.
	   2. The Computer Software Protection Act of 1980 specifically
	      included computer software among the wroks protected.
	   3. The wrok is protected from the moment of its creation, not from
	      the moment of its registratoin. Such work no longer has to be
	      registered. All that is needed to protect a computer program
	      under the Act is a standard notice that consists of the copy-
	      right symbol, the date of cration, and the name of the author,
	      or the copyright holder.
	   4. Copyright protects the form of expression rather than the 
	      subject matter of the work.
	      For example, a manual on how to use a machine can be copyrighted,
	      but not the machine itself as it is not a form of expression.
	      Moreover, another person may author a different manual which
	      also describes how to use the same machine. If the form is 
	      different, it does not infringe on the copyright.
	   5. The copyright holder has the exclusive right to copy, 
	      print, record, sell, license, and otherwise distribute the
	      work. 
	   6. Authored copying without the author's permission:
		If the owner of a copy of a computer program makes
		or authorizes the making of another copy or adaptation
		of that computer program provided: 
		a. that such a new copy or adaptation is crated as an
		   essential step in the utilization of the computer
		   program in conjunction with a machine and that it is used
		   in no other manner, or
		b. that such new copy or adaptation is for archival purpose
		   only and that all archival copies are destroyed in the event
		   that continued possession of the computer program should
	 	   cease to be rightful.
	   7. It does not prohibit other developers from authoring a diffe-
	      rent program that achieves the same effects. To have such 
	      protection, the author has to obtain a patent for the program.
	   8. The courts have accepted that the "Look and feel" of the software
	      are protected under this Act.

	B. Semiconductor Chip Protection Act of 1984.
	   (Chapter 9, Title 17, United States Code)

	   1. To deter the unfair competing of firms which avoid the
	      tremendous research and development costs involved in micro-
	      chip design.
	   2. The circuits underlying the chips frequently do not have
	      the novelty and unobviousness required by patent law and were
	      considered too utilitarian to be covered by copyright.
	   3. The materials from which microchips are made are relatively
	      cheap. So are the metal, wires, and plastic from which
	      the computer is built.
	      The intellectual effort that is put into the design of the
	      chip is the main determinant of its cost.
	   4. Protection of the rights to this design guarantees a free
	      market of computer chips without fear, on the owner's part,
	      of unauthorized copying of the structure of he chip.

	C. Computer Software Rental Amendment Act of 1990.

	   1. Prohibits the rental of computer programs for the purpose
	      of direct or indirect commercial advantage without autho-
	      rization by the owner of the copyright of the program.
	   2. Special needs of educational institutions and nonprofit
	      libraries.
	      The transfer of possession of a lawfully made copy of a
	      computer program by a nonprofit educational institution
	      or to faculty, staff, and students does not constitute
	      rental, lease, or lending for dierct or indirect commercial
	      purpose.
	      Nonprofit libraries are permitted to lend a computer program
	      for nonprofit purposes provided each copy of the program is
	      affixed a warning. The copyright warning should be according
	      to the prescription of the Register of Copyrights.
	   3. The last permission (to Libraries) is risky.
	      Borrowers of software may easily make illegal copies in their
	      homes. Of course, the success of its implementation depends
	      on the individuals borrowing the programs.
	   4. Therefore, the statute leaves the door open for reconside-
	      ration, after consultation with copyright owners and lib-
	      rarians.
	      The Act was in effect until 9/30/1997.
	      the Registr of Copyrights, after consultation with represen-
	      tatives of copyright owners and librarians, shall submit to the
	      Congress a report about the continuation of this Act.

D. Patent	
	   Website: WWW.USPTO.GOV   
	   1. US Laws 
		US Constitution, Article 1, Section 8
		"Congress shall have power ... to promote the science and
		 useful arts, by securing for limited times to authors and
		 inventors the exclusive right to their respective writings and 
		 discoveries"
	   	The first patent law was enacted in 1790. The patent laws underwent a 
		a general revision in 1953 and codied into Title 35, US Code.
		Additionally, on 11/29/1999, Congress enacted the American Inventors
		Protection Act of 1999(AIPA), which further revised the patent laws.

	      The patent law specifies the subject matter for which a patent may be
	      obtained and the conditions for patenability. The law establishes
	      The United States Patent and Trademark Office to administer the law
	      relating to the granting of patents and contains various other provisions
	      relating to patents. 
	   
	   2. Treaties
	      Paris Convention for the Protection of Industrial Property adhered by 140 countries.
	      It provides that each county guarantees to the citizens of other countries
	      the same rights in the patents and trademark matters that it gives to
	      its own citizens.
	      It also provides for the right of priority in the case of patents, trademarks
	      and industrial design (design patents). This right means that, on
	      the basis of a regular first application filed in any member countries,
	      the applicant may, within a certain time period, apply for protection
	      in all other member countries. These later applications will then be
	      regarded as if they had been filed on the same day as the first application.
	      Thus, these later applications will have priority over application
	      for the same invention that may have been filed during the same time period
	      by other persons. Moreover, these later applications will not be 
	      invalidated, on the basis of the first application, by any acts 
	      accomplished in the interval, such as publication or exploitation
	      of the invention, the sale of copies of the design or use of the trademark.   

	      Patent Cooperation Treaty of 1978 adhered to by some 90 countries
	      facilitates the filing of applications of patent on the same invention
	      in member countries by providing, among others, for centralized filing
	      procedures and standardized application format.
	      Under the US law, in many cases of inventions made in the United
	      States,  it is necessary to obtain a license from the Director of 
	      USPTO before applying for a patent in a foreign cuntry. 

	   3. Differences among copyright, patent and trademark
	      a. Patent
	      A patent for an invention is a property right to the inventor, issued by the United 
	      States Patent and trademark Office. Generally, the term of a new 
	      patent is 20 years (except 14 years for Design Patent) from the date 
	      on which an application for the patent was files in the United States or
	      in special cases from the date an earlier related application was files.
	      US patent grants are only effective in the US, US Territories, and US 
	      Possessions. Under certain circumstances, patent term extensions or 
	      adjustments are available.
	      The right conferred by a patent grant is "the rights to exclude others from
	      making, using, offering for sale, or selling" the invention in the United States or
	      "importing" the invention into the United States. What is granted is not
	      the right to make, use, offer for sale or import, but the right to exclude
	      others from making, using, offering for sale, selling or importing.	
	      Once a grant is issued, the patentee must enforce the patent without the
	      aid of the USPTO.
	      There are three types of patents:
	      Utility patents may be granted to anyone who invents or discovers any new and
	      useful process, machine, article of manufacture or compositions of matters
	      or any new useful improvement thereof. (Primary patent)
	      Design patent may be granted to anyone who invents a new, original, and ornamental design
	      for an article of manufacture.	
	      Plant patent may be granted to anyone who invents or discovers and asexually reproduces any
	      distinct and new variety of plants.
	      b. Trademark or Servicemark
	      A trademark is a word, name, symbol or device that is used in trade
	      with goods to indicate the source of goods and distinguish them from the goods of others.
	      A servicemark is the same as a trademark except that it identifies and distinguishes
	      the source of a service rather than a product.
	      Trademark rights may be used to prevent others from using a confusingly 
	      similar mark, but not to prevent others from making the same goods or
	      from selling the same goods or services under a clearly different mark.
	      Trademarks used in interstate or in foreign commerce may be registered with
	      the USPTO. 
	      c. Copyright
	      Copyright is a form of protection provided to the authors of 
	      "original Works of authorship" including literary, dramatic, musical, 
	      artistic, and certain other intellectual works such as computer
	      programming, both published and unpublished.
	      The 1976 Copyright Act generally gives the owner of copyright the exclusive right
	      to reproduce the copyrighted work, to prepare derivative works, to distribute
	      copies or phonorecords of copyrighted works, to perform copyrighted work publicly,
	      or to display copyrighted work publicly.
	      The copyright protects the "Form of Expressions" rather than the subject matter
	      of the writing. 
	      For example, a description of a machine can be copyrighted.
	      But this will only prevent others from copying the description.
	      It will not prevent others from writing a description of their own
	      or from making and using the machine. Copyright is registered with
	      the Copyright Office of the Lbrary of Congress. 
	      
	   4. Subject matter
	      The patent law specifies the general field of subject matter that can be patented
	      and the conditions under which a patent may be obtained.
	      Any person who invents or discovers 
		any new and useful process
		any new and useful machine
		any new and useful manufacture
		any new and useful composition of matter, or
		any new and useful improvement thereof
	      can obatain a patent, subject to the conditions and requirements of the law
	      The word "process" is defined by law as a process, act, or method,
	      and primarily includes industrial or technical processes.
	      The word "manufacture" refers to articles that are made, and includes all
	      manufactured articles.
	      The term "composition of matter" relates to chemical compositions and may
	      includemixtures of ingredients as well as new chemical compounds.
	      These classes of subject matter taken together include practically everything
	      that is made by man and processes for making the products.

	      Exceptions:
		a. The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utolization
	           of special nuclear material or atomic energy for atomic weapons.
	        b. Limits of subject matter that can be patented:
		     mathematical formulas
		     laws of nature
		     physical phenomena
		     abstract ideas 
		   All for lack of usefulness.

	   5. Required conditions:
		Useful
		Novel
		Non-obvious
	
		Useful: refers to the condition that the subject matter has a 
		useful purpose and also includes operativeness, that is, a machine
		that will not operate to perform the intended purpose would not be called
		useful and therefore would not be patented.
		Novel: New and innovative as an invention cannot be patented
		  a. if the invention was known or used by others in this country
		     or patented or described in a printed publication in this or 
		     a foreign country before the invention thereof by the applicant
		     for the patent, or
		  b. if the invention was patented or described in a printed publication
		     in this or a foreign country or in public use or on sale in this country
		     more than one year prior to the application for patent in the United States.
		Non-obvious: Sufficiently different from most similar inventions.
		For example, the substitution of one color for another or changes in
		sizes are not ordinarily patentable.
		
  	   6. Nature of patent and Patent rights
	      The patent is issued in the name of the United States under the seal of the
	      United States Patent and Trademark Office, and is either signed by the Director
	      of the USPTO or is electronically written thereon and attested by an Office offficial.
	      The patent contains a grant to the patentee, and a printed copy of the specification
	      and drawing is annexed to the patent and forms a part of it.
	      The grant confers "The right to exclude others from making, using,
	      offering for sale, or selling the invention throughout the United States or
	      importing the invention into the United States" and its territories and possessions
	      for which the term is generally 20 years from the date of the application
	      filed in the United States or if the application contains a specific reference to
	      an earlier filed application, from the date of the earliest such 
	      application and subject to the payment of maintenance fees as provided by law.
	      The patent does not provide the right to make, use, offer for sale, or sell
	      or import the inventionbut only grants the exclusive nature of the right.
	      Any person is ordinarily free to make, use, offer for sale, or sell
	      or import anything he/she pleases, and a grant from the government is
	      not necessary.
	      The patent only grants the right to exclude others from just doing that.
	      Since the patent does not grant rights to do those things, the patentee's own 
	      right to do so depends on the rights of others and whatever general laws might
	      be applicable.
	      A patentee, merely because he/she has received a patent for an invention, is
	      not thereby authorized to do those things if doing so would violate any
	      law.
	      An inventor of a new automobile who has obtained a patent thereon would
	      not be entitled to use the patented automobile in violation of the laws of a state 
	      requiring a license, nor may a patentee sell an article, the sale of which may be forbidden by a law, merely
	      because a patent has been obtained.
	      The term (20 years for utility and plant patents, 14 years for design patent)
	      can be extended or adjusted for certain pharmaceuticals and for certain
	      circumstances as provided by law.
	      A maintenance fee is due for all utility patents 3 1/2, 7 1/2 and 11 1/2
	      years after the original grant was issued when the application was
	      filed after 12/12/1980.

	   7. Design Patent: Non-functional or non-structural
	      a. To any person who has invented any new and non-obvious ornamental design
	         for an article of manufacture.
	         This patent only protects the appearance of an article but not its structural or functional
	         feature.
	      b. Normally, a term of 14 years and no maintenance fee required.

	   8. Plant Patent.
	      a. To anyone who has invented and discovered and asexually reproduced any
	         distinct  and new variety of plant, including cultivated sports, mutants,
	         hybrids, and newly found seedlings, other than a tuber-propagated 
	         plant or a plant found in an uncultivated state.
	      b. Asesually propagated plants are those that are reproduced by means  other than
	         from seeds, such as by the rooting of cuttings, by layering, budding, grafting,
	         inarching, etc.
	      c. As for Tuber-propagated plants for which a patent cannot be obtained,
	         the term "Tuber" is used  in its narrow horticultural sense as meaning a short, 
	         thickened portion of an underground branch. Examples of these
	         tuber-propagated plants include the Irish potato and Jerusalem artichoke.
	      d. Term is 20 years and no maintenance fee required.


	   9. Some US Code Titles:

		Title-5: Government Organiation and Employees
				Section552: Freedom of Information Act of 1966
				            Freedom of Information Reform Act of 1986
				            Electronic Freedom of Information Act of 1996
		Title-12:Banks and Banking	
				Right to Financial Privacy Act of 1978
		Title-15:Commerce and Trade	
				Fair Credit reporting Act of 1970
				Computer Security Act of 1987
		Title-17:Copyright
				Copyright Act of 1976
				Computer Software Protection Act of 1980
				Semiconductor Chip Protection Act of 1984
				Digital Millennium Copyright Act of 1998
		Title-18:Crimes and Criminal Procedure
				Computer Fraud and Abuse Act of 1986
				National Information Infrastructure Protection Act of 1996
		Title-35:Patent
				American Inventors Protection Act of 1999.