COMPUTER SECURITY
The development of information technology and e-commerce has presented exciting business opportunities. However, the increasing sophistication of the systems and applications available to end users has created significant legal challenges to individuals, companies, the legislature, and legal advisers. The technology necessary to access the Internet has also enabled innovative illegal activities. You'll be aware that these include the breach of computer security and unauthorised access to a computer commonly known as hacking. There's also the distribution of illegally obtained content from databases, as well as virus writing or virus spreading achieved by attacks on insecure servers which lack adequate protection. In the UK, the Computer Misuse Act deals with such illegal use, and also the publication and distribution of material that may be used to aid hacking. Unfortunately, unless you have adequate security systems in place, your business is at risk.
CYBERCRIME
There are cybercrimes that may affect you personally, such as credit card fraud online, commonly known as credit card scams, and identity (ID) theft, when financial benefit is obtained by deception using stolen personal information. In the USA, fraudsters, as they're known, who use a stolen identity to commit new crimes, may be charged with what's known in the States as aggravated ID theft. The Council of Europe Cybercrime Treaty, also signed by US and Japan, has the aim of international co-operation and mutual assistance in policing.
Orther cybercrime may impact on your business. There's cyberfraud, such as pharming, where users are moved to fake, non-genuine sites, when they try to link to their bona fide bank website. Then there's phishing, when a fraudster, by misrepresentation, gets Internet users to disclose personal information in reply to spam email sent unsolicited to a large number of people. Internet users can also be tricked into money laundering activities which aid the transfer of illegal or stolen money.
DATA PROTECTION
The way you collect, store, and distribute information that constitutes personal data on identifiable individuals is now subject to Data Protection legislation. If, for example, you ask potential customers to supply their address details via the web in the process of requesting further information concerning your business, you should also provide the data subject with information about the purpose of collecting the data, the period for which it will be stored, and who will be in receipt of such data. If your web page contains data relating to specific employees, remember that this will be information readily available internationally and nationally. You must have the consent of the individuals concerned allowing you to make such information available. That consent must be informed and freely given. Care must be taken in the management of personal web servers and server software and clear guidelines given to staff about your Internet policy in order to avoid falling foul of the law, for example the Defamation Act. Finally, in addition to ensuring that you don't infringe regulations, you need to consider how to future-proof contracts you enter into, by considering potential and unknown developments which may affect your business.
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ENVIRONMENTAL LAW
International environmental law is a fast-developing area affected by scientific discovery and opinion. It encompasses, that is, includes, both international treaties (or conventions) incorporated into national law, and international customary law (general practice accepted as law). These constitute the law that nation states are obliged to follow or otherwise suffer sanctions from the international legal community. There is also international diplomacy and non-binding instruments which create guiding principles, such as the 1972 Stockholm Declaration and the 1992 Rio Declaration.
The main principles framed in international environmental law are:
· polluter pays principle – the cost of damage is carried by the party responsible;
· precautionary principle – to act carefully where knowledge is not certain;
· sustainable development principle – to act in the best interest of future generations;
· environment impact assessment principle – to use rational planning before carrying out changes to the environment and to consider the costs of ecological effects;
· common but differentiated responsibility principle – for countries to have shared but different responsibilities for the environment.