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  [essays and dissertation][Law][Intellectual Property Law]E-commerce and Intellectual Properrty:Spyware and Cookies论文



论文编号: org200806160940437174
论文属性: assignment guidelines
论文语言:English
论文国家:U.K.
登出日期: 2008-06-16  
字数: 4000
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价格: 免费论文
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关键词搜索:E-commerce   Intellectual Properrty   Spyware   Cookies   
 
of the spyware is replicated at the point of removal. Since the software is designed to remain hidden to the user, the software often does not appear on the affected computer’s uninstall programme. In cases where the software does appear on the uninstall programme, removal may result in damage to other legitimate software programmes and inadequate removal may mean that software can re-install itself. Technical response to spyware include software that checks for and removes spyware, however this is not foolproof since certain spyware can effectively evade detection by anti-spyware software.


Spyware could even include digital wallets. Digital wallets hold personal information about the computer user. The software is designed to make e-commerce more user-friendly and more efficient. Examples include ‘Gator’ and ‘OfferCompanion’ and the Microsoft .Net Passport service.  Under the Passport system, data is transferred between Microsoft and its affiliates in the system and the resultant information is retained in a central database. Project Liberty is a similar system to Passport, however the user can exercise greater control since the user can elect which companies are allowed to contact them. Under the Passport system there is no such option. Spam can then be sent by Microsoft and the affiliate companies to the passport registered user.


American legislation
The American legislative response has been to 英语论文网 【http://www.51lunwen.org】tackle the problem at source, at both the federal and state level.  Legislative attempts include the SPYBLOCK Act,  The Computer Software Privacy and Control Act, the Internet Spyware (I-Spy) Prevention Act of 2004, the Securely Protect Yourself Against Cyber Trespass Act  and the Spyware Control and Privacy Protection Act 2001. The 2001 Act imposes an obligation upon manufacturers of software products to notify consumers of the products’ capability, the type of information that could be collected and how to disable the product. It is also illegal for the program to transmit information back to the manufacturer unless the user has enabled this function and has given access to the information. Exceptions to this prohibition apply in the case of ensuring the legality of software use, the provision of technical support and legal monitoring of employees.


The Internet Spyware (I-Spy) Prevention Act of 2004 will create criminal penalties for unauthorised loading of software onto a computer and in respect of the transmission of personal data for illegal purposes.


The Securely Protect Yourself Against Cyber Trespass Act  would require the express consent of the user to spyware in response to a clear and conspicuous request for such consent or through an affirmative request for such transmission.  The law would introduce a notice requirement that personally identifiable information [PII] will 本文来自:英语论文网 【http://www.51lunwen.org】

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