دانلود رایگان مقاله روش قانونی و فنی حفاظت از مالکیت معنوی شرکت

Abstract

The recent FBI v. Apple case has the potential to turn a 227-year-old statute law into a tool for government agencies to gain access to personal and corporate information. Recent events such as ‘Petraeus-gate,’ hacked nude celebrity photos in the cloud, and the use of a search and seizure warrant in the United States seeking customer email contents on an extraterritorial server raise important issues for the supposedly safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This article explores the legal and technical issues raised by these matters, with emphasis on the court decision In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation and the subsequent upholding of that decision.

5. Conclusion

This article examined some legal and technical issues pertaining to the right to privacy, with particular reference to the Microsoft and Apple cases. Recall that the impact of the judgements means all internet and cloud companies operating out of the U.S. may be required by the government to hand over content stored in other jurisdictions (nations) and firms may be compelled to decrypt devices. Of course this compulsion assumes decryption is possible and feasible, relative to the time value of the information sought. This poses a resultant risk to business viability as increased security will drive up client costs. Other businesses will go underground. There is the potential for increased cyber conflict as other nation-states copy the actions of U.S. security agencies. The technical means of preserving privacy also proved to be potentially inadequate, depending on the trade-off between ease-of-use and security. Even if users preferred data security over ease-ofuse, the legal issues raised above make any strong encryption a moot point if a user can be compelled to hand over the decryption key. Further, the effective mass-parallelization offered by quantum computing (once realized) would render such large-key encryption schemes almost instantly breakable (Rich & Gellman, 2014). Currently, quantum computer can only find the factors of small numbers, but it took less than 70 years for computing to shift tremendously in size (down) and power (up) from ENIAC to the mobile phone. To sum up, corporations and individuals can protect their privacy by using encryption for the moment. Given that the purpose of encryption is to preserve privacy, how can compliance with any court order be measured in an effective way (i.e., how can a court determine that a corporation or individual has complied with an order?). Full compliance can’t be measured without complete knowledge of the original information, prior to encryption. The Apple case is pertinent here as the FBI does have other avenues it can explore. A final thought: what if the phone in the Apple case contains nothing of relevance?