Chapter 4:

Commentary On Legal
Frameworks and
Enforcement

1
 Objectives

Understand and identify the Federal

Legislation and commercial crime ethical issues
regarding how the use of information
technologies in business affects and laws of
the employment, individuality, working
conditions,
To understand the copyright act, privacy
act, ecommerce act, and solutions to
societal problems.
Describe the provisions of the legal frame work
and Computer Misuse Act(CMA)

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 Ten Commandments of Computer Ethics
From the Computer Ethics Institute
 Thou shalt not:
Use a computer to harm other people
Interfere with other people's computer work
Snoop around in other people's computer files
Use a computer to steal
Use a computer to bear false witness
Copy or use proprietary software (without paying)
Use other people's computer resources without authorization or
proper compensation
Appropriate other people's intellectual output
Thou shalt Think about the social consequences of the program
you are writing or the system you are designing
Thou shalt Always use a computer in ways that ensure
4 consideration and respect for fellow humans
Management of Information Security, 3rd ed.
 Computer Misuse Act
People also started getting worried about viruses,
which had started to appear in 1986.
In response, the government introduced the
Computer Misuse Act in 1990.
Under the CMA there are three main offences:
Unauthorised access to computer programs or
data
Unauthorised access with further criminal intent
Unauthorised modification of computer material
(programs or data).
However
Unauthorised access can be difficult to detect
The first people to be prosecuted (in 1997) were
caught when boasting about their crime!
 Computer Misuse Act( cont’d)
The CMA therefore protects us against:
 Hacking
 Theft and Fraud
 “Logic Bombs”
 “Denial of Service” attacks
 Viruses could commit offences at different levels
depending on the payload:
Some display harmless messages
Some are deliberately malicious
Some are unintentionally dangerous
 Canadian Laws
Two key Canadian (federal) privacy laws:
 The Privacy Act - imposes obligations on federal government
departments and agencies to respect privacy rights by limiting the
collection, use and disclosure of personal information.
 Personal Information Protection and Electronic Document Act
(PIPEDA) - sets out ground rules for how private sector
organizations may collect, use or disclose personal information in
the course of commercial activities.

Figure 12-1: Export

restrictions
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Source: Course Technology/Cengage
Management of Information Security, 3rd ed. Learning
 U.S. Laws of Copyright Law
Copyright Law
Extends protection to intellectual property, including
words published in electronic formats
Proper acknowledgement must be provided to the
author and/or copyright holder of such works
 Including a description of the location of source materials,
using a recognized form of citation
‘Fair use’ allows material to be quoted so long as the
purpose is educational and not for profit, and the
usage is not excessive
Freedom of Information Act of 1966
All Federal agencies are required to disclose records
requested in writing by any person
Applies only to Federal agencies and does not create
a right of access to records held by Congress, the
13 courts, or by state or local government agencies
Management of Information Security, 3rd ed.
 Federal Legislation: privacy act

 The purpose of the Privacy Act is to balance

the government's need to maintain information about
individuals with the rights of individuals to be protected
against unwarranted invasions of their privacy stemming
from federal agencies' collection, maintenance, use, and
disclosure of personal information.
 The Ethiopian civil code is the major
secondary legislation that regulates the right
to privacy under what it refers to as 'rights of personality'.
 At a more general level, it provides that every physical person

shall enjoy the rights of personality recognized under

the Ethiopian constitution.

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 Federal Legislation: Of Charter Of Rights And
Freedoms
 The Canadian Charter of Rights and Freedoms of 1982 is part of
Canada's Constitution.
 The Charter protects every Canadian's right to be treated equally
under the law.
 The Charter guarantees broad equality rights and other
fundamental rights such as the freedom of expression, freedom of
assembly and freedom of religion.
What is the Canadian Charter of Rights and Freedoms?
 The Canadian Charter of Rights and Freedoms sets out those rights
and freedoms that Canadians believe are necessary in a free and
democratic society.
 The Charter is one part of the Canadian constitution.
 The Constitution is a set of laws containing the basic rules about
how our country operates. For example, it states the powers of the
federal, and provincial and territorial governments in Canada. 16
How does the Charter work with other
Canadian laws?
 The Constitution is the supreme law of Canada; all other laws
must be consistent with the rules set out in it. If they are not, they
may not be valid. Since the Charter is part of the Constitution, it
is the most important law we have in Canada.
 However, the rights and freedoms in the Charter are not absolute.
They can be limited to protect other rights or important national
values.
For example, freedom of expression may be limited by laws
against hate propaganda or child pornography. Section 1 of the Charter
says that Charter rights can be limited by law so long as those limits
can be shown to be reasonable in a free and democratic society.
Who does the Charter protect and what rights are protected?
 Any person in Canada – whether they are a Canadian citizen, a
permanent resident or a newcomer – has the rights and freedoms
contained in the Charter.
 There are some exceptions. For example, the Charter gives some
rights only to Canadian citizens – such as the right to vote and the
right “to enter, remain in and leave Canada”.
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 Federal legislation: copyright act

The Copyright Act of 1976 is a United States

copyright law and remains the primary basis of
copyright law in the United States, as amended by
several later enacted copyright provisions.
What did the Copyright Act do?
The right to create derivative works of the
original work, the right to distribute copies and
photo records of the work to the public by sale,
lease, or rental, the right to perform the work
publicly (if the work is a literary, musical,
dramatic, choreographic, pantomime, motion
picture, or other audiovisual work).
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 Federal of legislation: Amendments to copyright act to
incorporate electronic retransmissions
COPYRIGHT AMENDMENT ACT 2000: The object of this Act is to
amend the Copyright Act 1968 so as to:
(a)ensure the efficient operation of relevant industries in the online
environment by:
 promoting the creation of copyright material and the exploitation
of new online technologies by allowing financial rewards for
creators and investors; and
 providing a practical enforcement regime for copyright owners;
and
 promoting access to copyright material online;
(b)promote certainty for communication and information technology
industries that are investing in and providing online access to
copyright material; and
(c)provide reasonable access and certainty for end users of copyright
material online; and
(d)ensure that cultural and educational institutions can access, and
promote
19 access to, copyright material in the online environment on
reasonable terms, including having regard to the benefits of public
 Industrial Design Act
What is Industrial Design Act?
 An industrial design right is an intellectual property right that
protects the visual design of objects that are not purely
utilitarian.
 It consists of the creation of a shape, configuration or
composition of pattern or color, or combination of pattern and
color in three-dimensional form containing aesthetic value. An
industrial design can be a two- or three-dimensional pattern
used to produce a product, industrial commodity or handicraft.
 Its to qualify for registration, the national laws of most member
states of WIPO (World Intellectual Property Organization)require
the design to be novel.
(1) The Minister shall cause to be kept a register called the
Register of Industrial Designs, which shall contain the prescribed
information and statements in respect of designs that are
registered under this Act.
(2) The Register of Industrial Designs is evidence of its contents,
and a copy of an entry in the Register is evidence of the
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particulars of the entry if the copy is certified as a true copy by the
4.2. Ontario Legislation: Electronic commerce
act
 Ontario's legislation removing legal barriers to the use of
electronic communications is the Electronic Commerce Act, 2000
(ECA).
 The ECA allows a legal signature requirement to be satisfied by
an electronic signature. In other words, there are no standards of
reliability or security for e-signatures in the statute.
 This Act aims to facilitate domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges
and storage of information through the utilization of electronic,
optical and similar medium, mode, instrumentality and technology
to recognize the authenticity and reliability of electronic data
messages or electronic documents related to such activities and to
promote the universal use of electronic transactions in the
government and by the general public.

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 4.3. The guardians: RCMP commercial crime:
Computer investigations and support section
 Guardian” is the only RCMP patrol vessel in lower Fraser River
areas and commercial break and enter has occurred in their
neighborhood.
 The Royal Canadian Mounted Police is the federal and
national police service of Canada. Federal operations include:
enforcing federal laws including commercial crime. In 2019 the
Guardian made public, that RCMP planned to use deadly force
against Police.
 The RCMP (Royal Canadian Mounted Police) Commercial Crime Program's
mission is to detect and prevent threats to the Canadian economy and to help ensure
the integrity of Canadian institutions.
 The RCMP has 27 Commercial Crime Sections strategically located across the
country.
 These units are staffed with dedicated experienced investigators and employees who
are often supported by subject matter experts in different fields such as forensic
accounting and criminal law.
 Commercial Crime Sections have developed strong partnerships with other law
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enforcement and government agencies, which have resulted in many successful
 Cont’d…
 The best way to combat economic crime is through prevention.
 Public awareness is an important tool in preventing the victimization of Canadians. The
RCMP Commercial Crime Program, in partnership with the public and private sectors, is
committed to educating the public on ways to protect themselves from economic crimes.
Commercial Crime and Major Fraud
 This group is involved in detecting and deterring criminal activity within the business
and securities community at the local or international level.
 This includes issues related to fraudulent telemarketing and identity theft/fraud.
 Security Fraud Information Centre
 The Security Fraud Information Centre provides a criminal record
vetting service to the federal regulators of financial institutions and
provincial securities commissions in order to assist them in controlling
white-collar crimes within their industries.
 Federal Statute Enforcement
 On behalf of various federal government departments, the Commercial
Crime Sections have accepted primary responsibility for enforcing the
provisions of some 11 federal statutes and 23 federal programs.
 Major investigative work is done within the Government of Canada on
fraud, breach of trust and corruption.
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 Cont’d…
Other agencies
The Commercial Crime Program has developed strategic
partnerships with the financial and banking communities,
computer professionals, credit card manufacturers,
government agencies and departments, and law
enforcement agencies, both nationally and internationally.
Key partners, include: Public Safety Canada, the
Department of Justice, the Bank of Canada and other
federal departments and agencies, provincial and municipal
police forces, such as the Ontario Provincial Police and
Toronto Police Service, the Canadian Association of Internet
Providers, the Cross Border Crime Forum, the National Mass
Marketing Crime Prevention Forum, the U.S. Secret Service,
the Federal Trade Commission, the FBI, Interpol
International and other nations’ finding criminal
persons and standards for examination of evidence,
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and many others.
 Law Enforcement Authority

Striking the Balance:

 Government investigative authority subject to
appropriate limits and controls in the form of
procedural laws will increase privacy and public
safety, but
 Uncontrolled government authority may
diminish privacy and hinder economic
development.

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 Cont’d…
Ways to limit law enforcement
authorities:
• Define specific predicate crimes/classes of
crime
• Require law enforcement to demonstrate factual
basis to independent judicial officer
• Limit the breadth and scope, the location, or the
duration
• Offer only as “last resort”
• Prior approval or subsequent review by senior
official or politically accountable body

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 Cont’d…
Penalizing abuse:
 Administrative discipline of officer involved
 Inability to use evidence in examination
(“suppression”)
 Civil liability for officer involved
 Criminal sanction of officer involved

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 Chapter 4: Assignment
Group1
1. What is the Ethiopian Charter of Rights and Freedoms?
2. Write the detail of the guardians : Ethiopian commercial crime
in Ethiopia?
3. Write the detail in Federal of legislation: Amendments to
copyright act to incorporate electronic retransmissions in
Ethiopian:
4. What is Federal legislation of Industrial Design Act in
Ethiopia?

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 Ch4-Assignment
1. What is the Ethiopian Charter of Rights and Freedoms?
2. Write the detail of the guardians : Ethiopian commercial
crime in Ethiopia?
3. Write the detail in Federal of legislation: Amendments to
copyright act to incorporate electronic retransmissions in
Ethiopian:
4. What is Federal legislation of Industrial Design Act in
Ethiopia?

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 Thank You All!!

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