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The Legal Framework

The Computer Misuse Act 1990 makes it an offence to:

• Gain unauthorised access to computer programs or data

• Gain unauthorised access with criminal intent

•  Make unauthorised modifications to computer programs.

These provisions are there to deal with hackers and those who write viruses and other programs to vandalise computers.  These activities are hard to prove in a court of law.  Many corporations are very sensitive to intrusion into their computer systems with its attendant bad publicity.

The Copyright Designs and Patents Act of 1988 makes it an offence to:

• Copy software

• Run pirated software

• Transmit software along a telecommunications line, thereby creating a copy.

• Use the software for more machines than provided for on a licence.

 It is easy to copy and bootleg (sell illegally) software.  Some manufactures put in small oddities into their software to provide a fingerprint, which makes proof of pirating a lot easier.  Much pirated software comes riddled with viruses that can wreck the normal running of the computer.  The £20 saved by buying a pirate copy is more than lost in the cost and inconvenience of restoring the computer.

Piracy costs legitimate companies a great deal of money.  To produce the often superb software take many hundreds of thousands of hours of hard work.  Then a bootlegger copies the program within a few minutes onto a disc that costs less than £1.  He then makes £19 profit for each £20 made.  This is often more than the profit made by the legitimate company.  Go to www.justflight.com (who make excellent add-on software for flight and train simulators) and read their statement on piracy.

There are some areas of computer activity that are not covered in the law.  The main area of concern is the Internet, where it is quite possible to access all kinds of unpleasant material.  Often these sites are constructed in countries where it is not illegal to produce this material.  General laws have been considered by the European Union, but are not in place.  However, under other laws it is an offence to be in possession of such material, e.g. paedophilic images.

 Question 6 

ANSWER

The Data Protection Act

This is an important piece of legislation that you must know about for the examination.  Questions on it frequently occur.  

Everyone has a right to privacy.  We would feel decidedly uncomfortable if all our personal details were circulated freely, even worse if critical details such as credit rating or criminal records were false.  The growth in computerised data recording led to demands for protection as early as the early 1970’s.  The Council of Europe passed legislation on the matter in the late 1970’s and in 1984 the Data Protection Act became law.  This legislation contains:

• Eight principles on the lawful collection, storage, and use of data.

• The provision for a Data Protection Registrar whose duties include the administration of a public register of data users, investigations of complaints, and publication of guidelines to data users.

• Provision for exemptions for the act.

• Rights of data subjects.

The law on data protection was updated in 1998.

The Eight Principles state that personal data must be:

1. fairly and lawfully processed;

2. processed for limited purposes;

3. adequate, relevant, and not excessive;

4. accurate;

5. not kept longer than necessary;

6. processed in accordance with the data subject's rights

7. secure;

8. not transferred to countries without adequate protection.

The important definitions to know are:

Have a look at www.dataprotection.gov.uk for more details.

All data users unless exempt must register with the Data Registrar and must give a description of:

• those on whom the data is held;

• the purpose of the data;

• the items of data;

• the sources of the data and how it was obtained;

• the organisations with which data is shared;

• which countries the data may be transferred to.

The Exemptions from the act are:

• Payroll, pensions and account data,

• Names and addresses used for distribution purposes;

• personal, family, household, or recreational.

• Subjects don't have right of access to data held for statistical or research or back up.

• Data can be disclosed to subject's agent, or in response to urgent need to prevent injury or damage to health.

• Special categories including tax, national security, and crime prevention.

Data subjects have rights:

• compensation for unauthorised disclosure of data;

• compensation for inaccurate data;

• access to data and application to correct or erase inaccurate data;

• compensation for unauthorised access, loss, or destruction of data.

Question 7  In 2004, the Chief Constable of the Humberside Police used the Data Protection Act as a defence to explain why details of police files had been deleted about a school caretaker who sexually molested and then murdered two 10 year old girls at Soham, Cambridgeshire in 2001.  Explain whether this is a good defence.

ANSWER

Health and Safety Implications of ICT

The idea of computers was that they would free humans to work just two to three hours a day and these miracle machines would do the donkey-work.  In reality people seem to be working harder than ever trying to keep up with their computers.  Humans need to have rest, a social life otherwise they get stressed out.  There is a range of health issues that appear to be associated with computers:

Stress:

• Some companies use computers to monitor employees’ productivity

•  Many people are afraid of computers.

• Some people fear being undermined by younger “whiz kids”.

• Pagers and mobile phones make it impossible to get away from work, even when they have left the office.

• Information overload.

• Failing personal relationships, loss of appetite, addiction to work, and many other signs of stress.

Repetitive Strain Injury is nothing new.  It was known back in the Eighteenth Century as an occupational hazard of scribes, and “can be removed by no medicines.”  It affects the upper part of the body and is caused by the repeated rapid punching of keys.  The pain can be excruciating with sufferers barely able even to pour a cup of tea.

Eyestrain can occur from long hours looking at a VDU screen.

Extremely Low Frequency Radiation is thought to come from VDU screens.  It is thought to be responsible for an increase in risk of miscarriage.  More research is needed.  Safety of microwave radiation from mobile telephones is also an issue.

 Question 8

ANSWER

Health and Safety at Work Act

The Health and Safety at Work Act of 1994 places a duty on employers to ensure the safety of all their employees and to provide the necessary equipment and procedures.  It also places on employees the duty of care to themselves and others, to use the safety equipment provided and to follow the employer’s safety procedures.  In 1992, regulations were introduced to cover computers in the wake of an EEC directive.  Employers are required to:

• Do a safety analysis of workstations and their environs.

• Provide training in the use of worksheet components.

•  Ensure employees take regular breaks.

• Provide regular eye-tests and pay for glasses.

Employees are expected to:

• Use the workstations correctly according to the training and rules set out by the employer.

• Notify any problem to the employer and co-operate fully in correction of the problem.

Question 9.  Computers do not appear to be obviously dangerous machines in the same way as a circular saw or metal-working lathe.  Explain why it is necessary for the Health and Safety at Work Act to apply to computers. ANSWER

 Manufacturers are required to ensure that their products comply with the standards set out.  Screens must swivel and keyboards must be able to be moved.  Lap-top computers are not suitable for large amounts of data entry.

 Question 10  State and explain two obligations for employees of the Health and Safety at Work Act in respect of computers.

ANSWER

Employers must also bear in mind the ergonomics of working with computers.  Consideration must be given to:

• Lighting

• Furniture

• Work space

• Noise

• Hardware

• Software.

 Here is a workstation:

Question 11 From the picture, list the good features about the workstation and any bad features you can find.

ANSWER

This is workstation B:

Question 12  Discuss whether this is a good workstation.  ANSWER

Strange as it may seem, bad software is hazardous to health; it is very stressful to use.  Repeated failures, regular crashes, incomprehensible error messages, non-standard function keys can lead to feelings of inadequacy and alienation.  The interaction between computers and their human operators is a growing field of research.

Question 13 Write down three features found in good software.  ANSWER

Presentation  Computer Crime

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