Legal norms relating to information. Data protection
The successes of scientific and technical progress at the presentthe stage of development of society testify to the global achievements of mankind in the field of information technology. One of the greatest discoveries in this field is, undoubtedly, the emergence and development of the Internet, whose resources and capabilities are constantly growing.
The positive and negative aspects of the development of information technologies in society
The positive role of information developmentsociety is indisputable and hardly needs clarification, but we should not forget that any achievement of scientific and technological progress, as a rule, has both positive and negative sides. Also a separate issue is the legal norms relating to information.
As for the information society, it is importantnote that the development and improvement of the communication system between individuals not only optimizes the process of obtaining data, but also creates new communication schemes. At the same time, certain personal boundaries are violated. The problem arises of preserving privacy in the conditions of the formation and development of the information society based on legal norms related to information.
The phenomenon of mass culture and access to information "power"
In this context, the fact is also importantthe development of the so-called mass culture - the socio-culturological aspect itself is ambiguous. Based on O. Toffler's industrial theory, it can be noted that the spread of mass culture in the western society of the 20th century was due, on the one hand, to factors such as the development of urbanization, general literacy, the spread of the media, and on the other - the growth of psychological discomfort and tension, related to the intensification of most types of labor activity, as well as the spread of consumer values in society.
Thus, mass culture comes out with a neworganizational level, acquiring new knowledge, having new information, gaining more access to the resources and opportunities of society. Actually, the broad masses get access to those resources that used to be the privilege of representatives of the elite of society. Accordingly, mastering resources of this kind, mass culture receives a new power, while one of the most important conditions of this authority is the possession of current information, as well as information protection.
Mobility and accessibility
It should be noted that the scale and mobilityThe information that the mass consumer currently owns (and potentially can own) is extremely high. At the same time, information protection is not sufficient in modern conditions. It is important to consider that the availability of such information can not always be used with good intentions. Unfortunately, the socio-moral culture of the modern information consumer is far from perfect. In this regard, the issue is not only about the possibility of obtaining data, but also about their specific limitations and privacy, especially in cases where access to infringes the individual's right to privacy and the legal standards relating to information become necessary.
The problem of data privacy in modern society
One of the conditions for maintaining privacy in theinformation space is the intellectual property - the rights fixed by the law for the results of intellectual activity and the formation of the means of information protection.
According to Article 1228 of the Civil Code of the Russian Federation,the author of the result of intellectual activity is a citizen whose creative work created such a result. Legislation on intellectual property, based on legal norms relating to information, establishes the monopoly right of authors to use the results of intellectual, creative activity at their discretion, and also allow or prohibit their use to others.
Copyright category
Intellectual property also includesyourself adjacent to copyright. Among them - the rights of performers of the work, producers of phonograms, cable or broadcasting organizations, publishers, database manufacturers, patents for inventions, various industrial designs, utility models, brand names, trade marks, service marks.
Actual question
At the moment, the problem is acuteinformation piracy due to the fact that data protection, subject to the development of modern information technology, can not be fully provided. The issue is complicated not only by the development of various kinds of software that provides ample opportunities for network robbery. Separate complexity is the lack of clear criteria defining the law on information protection. Among the types of illegal use of software can be identified as illegal as the acquisition and production of information products. The law on the protection of information both regards both as an infringement of copyrights.
Illegal acquisition
- Softlifting ("Silent theft") - the acquisition of one licensed copy of the software and its installation on several computers in violation of the terms of the license agreement.
- Unlimited client access - acquisition by an organization of a licensesoftware for installation on one or more computers (or for installation on a server for a limited number of corporate network clients), but the actual installation on the server of the company and the opening of access to it by more users than specified in the license agreement.
Distribution of software
- Internet Piracy - laying out commercial software productsin the Internet (thus, any user of the World Wide Web has the ability to download or copy this software), as well as opening access to counterfeit software (or its sale through the global network).
- Forgery or manufacture of counterfeit products - is provided by replicating an illegal copy of the licensed software (this copy is issued for licensed and authorized).
- Illegal copying of software to external media (disks, memory cards) for later distribution (or sale), but in this case a copy is not issued for the original.
- Copying and selling software in parts for their subsequent implementation, along with hardware (or bundled with other programs).
- Sale of personal computers with unlicensed software installed.
- Use of non-commercial software for commercial purposes. The security itself is acquired with educationallicense or with a license with limited commercial use (violation of the license conditions). On this security, addressed to educational institutions, as a rule, special discounts are provided.
- Factory piracy - sale of unaccounted surplus and "destroyed"circulations of the plant's products. This type of piracy occurs when the plant produces a greater number of copies of the product than it had the right (or in the event of non-destruction of the leftovers of the consignment of goods). Such unaccounted-for products are then illegally sold.
Legal basis for technical protection of data
Technical protection of information is based on the following normative acts:
- "Protection of unauthorized access to information." Definitions and terms. " The decision of the Chairman of the State Technical Committee of Russia (30.03.1992).
- "Automated systems. Information security technologies for unauthorized access. Classification of the automated system and requirements for information protection. "Decision of the Chairman of the State Technical Commission of Russia (30.03.1992).
- "Means of computer facilities. Firewalls. Protection against unauthorized access. Indicators of security against unauthorized access to information. "Decision of the Chairman of the State Technical Commission of Russia (25.07.1997).
- "Information security systemunauthorized access. Software information security tools. Classification of the level of control over the absence of undeclared capabilities ". Decision of the Chairman of the State Technical Commission of Russia (04.06.1999).
It should be remembered that the technical protection of information at the moment is a weakly formalized task. In other words, the latter has no formal solution today.
The specifics of the difficulties in organizing technical protection
- The presence of a large number of factors that influence the construction of effective information protection.
- Difficulties in establishing accurate input data.
- Difficulties in mathematical methods for obtaining optimal results on a set of source data.
The problem of determining the concept of intellectual property
Legal provisionsinformation, as well as intellectual property rights cannot adequately enforce them. In addition to elementary fraud, there are certain situations where the solution to the problem of preserving this right in full is simply not possible due to its ambiguity.
So, for example, one of the problematic momentsdefining the legal norms of information protection, is the ethics of reverse software development (program modification, obtaining keys, use and export algorithms, and other sensitive information).
