Computer right
The computer right is the branch of law connected with legal relationship and the offenses connected with computers and work in the computer network the Internet.
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The computer right is considered as science, as a subject matter and as actually the system of legal regulation of the relations in the computer sphere, i.e. the industry of Russian law.
The computer right as one of the industries of Russian law represents the system of the rules of law governing the relations in the computer sphere. It is one of the youngest industries in the system of Russian law.
Legal aspects of work on a computer
Work on a computer is a work with the programs, files, documents and databases which are stored in computer memory. Improper handling with them or with the computer can lead to their loss or to nonserviceability of a computer.
Information in a computer - in personal or office computers and also on network servers purchases the increasing value and its loss or modification can bring significant material damage.
Unauthorized access and destruction of information by someone else's machines according to the Russian laws and international law is serious offenses. Be attentive during the work on others computers.
Serious offenses are
- the abuse of regulations of operation of a computer which entailed essential harm;
- distribution of malware;
- an illegal information access, protected by the law.
Copyright and Internet
Information on a computer and also programs and databases for a computer according to the Russian laws and international law is a subject of copyright and intellectual property items.
The same copyright, as on normal literary, scientific and works of art extends to e-books, the websites, databases and the computer programs.
The author - the person which creative activity creates the work. Copyright is fixed by the sign ã (the Copyright – the right of copies) with indication of a surname (alias) and year of establishment. Examples: ã VAK, 1991 or ã V.A. Kaymin, 2004.
The websites in the Internet are subjects of copyright as any hypertext is the program for client computers, and the websites are the databases representing set of hypertexts on network servers.
For collections and the websites copyright belongs to their originators whose creative activity creates the collection, at strict observance of the rights of authors of the works included in the collection or posted on the website
Copyright
Copyright of literary and electronic works:
- the right addressed to – should be present at the work a name (alias) of the author;
- the right to changes – only the author can make changes to the work;
- property rights – the work - the intellectual property of the author.
For registration of copyright it is necessary to have not less than two copies of the finished work and the publication on the Internet of the complete name and summary of the work, sign of the copyright ã, a name of the author and date of creation.
Exception - the office works, the websites, programs and databases created by the order or the labor agreement. The property rights to office works belong to customers if other is not stipulated by agreements.
Commercial use of programs and databases for a computer, e-books and textbooks for the purpose of income generation is possible only at signing of the contracts with pravobladatel - to authors and publishers.
Data protection in a computer
According to acts of the Russian Federation any owner of information - the citizen, the organization and public institution - have the right to the protection belonging to it by the right of information.
Under the Civil Code of the Russian Federation "not only things, money, securities and other property", but also "information, results of intellectual activity (intellectual property)" belong to objects of the civil rights.
Under the Criminal Code the Russian Federation "Illegal access to computer information" is subject to the civil or administrative responsibility, up to criminal liability when drawing major damage.
Data protection in a computer can be created at technological, organizational and legal level like protection of the material values belonging to citizens and the organizations.
At technological level data protection in a computer will be organized first of all by access restriction to the third parties. The simplest solution - authentication of users by their registration and introduction of passwords.
Computer vandalism
Vandalism — deliberate and senseless destruction of cultural and material values. The persons making similar actions are called vandals.
Open forums and encyclopedias have a number of serious merits and demerits. Among which the most negative is the computer vandalism - deliberate destruction of scientific and training materials by malicious anonymous authors.
The computer vandalism is gross violation of copyright and the Act of the Russian Federation "About Media" as in Russia censorship in general and in education in particular is prohibited.
The censors-moderators destroying scientific materials of educational character are subject to admnistrtivny punishments up to dismissal on staff reduction.
Anonymous changes and vandalism
The model of Wikipedia allows to edit to anyone (???), it is also necessary on big group of loyal editors in overcoming the problems caused by doubtful editors. The possibility of adding of low-quality information is inherent to model of editing Wikipedia.
Possibility of anonymous editing and benefit, and harm. Vandalism in Wikipedia — obviously harmful adding, removal or change of contents made intentionally for the purpose of to compromise reliability and authoritativeness of the encyclopedia.
Generally the vandalism is shown in replacement of contents of qualitative articles by curses, graffiti or other contents which does not have relations to article subject at all.
Information security
The information security is a security of the vital information resources and systems from external and internal encroachments and threats for citizens, the organizations and state bodies.
For citizens the information security is expressed in security of their personal computers, their personal information in information systems and computer networks and also results of their intellectual activity.
In the Constitution of Russia are affirmed the rights of citizens to freedom of speech, the mystery of correspondence and freedom of dissemination of information and also the information request right from the state and public organizations.
For the organizations - security from external encroachments of the service information, corporate information systems and computer network and also the intellectual property belonging to them.
For the state - protection against external and internal threats of national information resources and the state information systems and also telecommunication infrastructure, the organizations and services.
The main threats for the personal information stored in a computer and received via the Internet are computer epidemics, spam and computer vandalism today.
Computer offenses
Computer offenses are qualified as criminal actions with intention and essential material damage, to the put citizens, the organizations or the state.
In all developed countries of the world deliberate computer hacking and distribution of computer viruses it is equated to the international crimes that attracts a forced extradition of offenders.
The leading countries of Europe, America and Asia in 2001 adopted the Convention on cyber crime - cross-border computer crime which was ratified today by more than 40 states of the world.
According to the Convention on cyber crime the participating countries undertake to identify computer offenders on requests of the international organizations and to transfer them to the country to which the damage is caused.
Are penal according to the Convention:
- crimes against data in a computer,
- criminal use of a computer,
- illegal contents of information.
Crimes with data in a computer:
- illegal access,
- illegal interception,
- intervention in functioning of a computer,
- illegal use of computer data.
Criminal use of a computer - forgery using a computer and fraud using a computer with intentions of illegal obtaining benefit for or the other person.
- VAK, prof., dock. computer. sciences 12:26 p.m., on July 27 2009 (UTC)
Computer pornwebsites
Illegal contents: the crimes connected with a child pornography and the offenses connected with copyright violations and the neighboring rights.
The child pornography according to the Convention on cybercrimes is a criminal offense in the USA, Germany, France, Great Britain and in all developed countries of Europe, Asia and America.
In the Russian Federation illegal illegal distribution of a pornography is punished under the Criminal Code by imprisonment up to 2 years, and distribution of a child pornography - imprisonment up to 8 years. Punishable are considered as criminal:
- production of a child pornography for distribution,
- distribution of a child pornography to the Internet,
- providing a child pornography in computer networks,
- acquisition of a child pornography for or others,
- ownership of the child pornography which is in a computer.
Information right
The information right as science is the system of scientific knowledge of the information right as a branch of law, its subject, methods, the principles of legal regulation of the information relations, the history of development, its main institutes, the comparative and legal analysis of rules of law and the public relations in the information sphere of foreign countries. And this science is at the initial stage of the formation.
The information right as a subject matter is the system of knowledge of the information right obligatory to studying in the relevant educational institutions, first of all legal.
The information right as one of the industries of Russian law represents the system of the rules of law governing the relations in the information sphere. It is one of the youngest industries in the system of Russian law.
Informatization of society
Informatization of Society is a saturation of society and public institutes information — about news, events, goods services, exhibitions, fairs, the markets, etc. Informatization of society in HH1 in connection with development of the international computer network the Internet more and more often is understood a century as saturation of society by information using information and communication technologies on the basis of a global computer network the Internet.
Processes of informatization are a consequence of information technology development and transformation technology, a product - the focused production method in post-industrial. Informatizations are the cornerstone cybernetic methods and management tools and also tools of information and communication technologies.
In activities of authorities for development and implementation of state policy in the field of development of information society in Russia it is possible to select several stages. On the first (1991 — 1994) bases in the field of informatization formed.
The second stage (1994 — 1998) was characterized by priority inversion from informatization to development of information policy. The third stage which lasts and until now — a stage of formation of policy with the sphere of creation of information society. In 2002 the Government of the Russian Federation adopted the FTP "Electronic Russia 2002 — 2010" which gave a powerful spur to development of information society in Russian regions.
The constitution of the Russian Federation - the Fundamental Law of the Russian Federation - declares freedom of speech, freedom of assembly and freedom of information exchange - a paper and electronic form, including via the Internet.
Censorship - as restriction of freedom of speech is banned in the Russian Federation. Exceptions of freedom of speech and printing are regulated by the Act of the Russian Federation "About State Secrets".
The act of the Russian Federation "About a State Secret" prohibits disclosure of information on the Armed Forces of the Russian Federation, internal affairs of the Russian Federation, bodies of state security, foreign affairs of the Russian Federation and foreign trade of the Russian Federation.
Education informatization
Informatization of education in HH1 is based a century on a complete computerization of all schools and universities and connection them to the Internet and also creation of network of informational educational portals.
Creation of the high school and school websites and also educational websites and portals for pupils and teachers created a wide basis of informatization of the higher and secondary education.
Development of education and implementation of innovations - one of the strategic problems of the Russian state and society aimed at the development of economy and prosperity of the country.
The act of the Russian Federation "About a State Secret" strictly forbids censorship in the field of education, ecology and health care which can lead to negative effects in development of society.
The act of the Russian Federation "About Media" strictly forbids censorship in media as paper, and in electronic by administrative punishments and dismissals of people, leading and organizing to the censor.
Negative factors in informatization of education are computer vandalism at open forums and in the open encyclopedias connected with publications of innovations in ICT and problem solving USE on average education.
- VAK, prof., dock. computer. sciences 5:17 a.m., on July 28 2009 (UTC)
You See Also
- Intellectual property (patents)
- Copyright on the Internet
- All-Russian Intellectual Property Organization (ARIPO)
- Stop Online Piracy Act (SOPA, the Act against Internet piracy)
- Licensing of software
- The pirated software in Russia and the world (Unlicensed software)
- Information
- Information science
- Logic in information science
- Information security
- Internet technologies
- Technologies of Distance Learning
- International academy of informatization
Literature
- Baturin Yu. M. Problems of the computer right. M, 1991.
- Bachilo I. L. Information right. M.: The higher education, Yurayt-Izdat, 2009. ISBN 978-5-9692-0462-1.
- Gorodov O.A. Information right. M.: Avenue, 2009. ISBN 978-5-392-00411-9.
- Akopov G.L. Information right. M.: Phoenix, 2008. ISBN 978-5-222-14177-9.
- Kaymin VA. Information science A benefit to examinations. M, RIOR, 2008.
Internet links
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