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Abstract
This project sheds light on various laws and regulation related to cyber crimes and their prevention. The various facts of international crime and methods of addressing those issues by law and regulations associated with that crime. Different intellectual properties of a product have been discussed and the protection of all the rights related to the product. Various Constitutional principles related to the betterment of the society and to preserve the freedom of speech of an individual has been covered broadly in this project. The methods of protection of a product are highlighted here.
Introduction
In this world of digitization, since wireless networks proliferate, web browsers are operating in an environment that is increasingly hostile. This project scenario is based on the launching of a product namely 'widget', which is going to be sold through e-business. In order to sell the product online, a website has been made by the product team with all the intellectual property and other needful. The product team has gone through a discussion with lawyers about starting of the e-business and the laws and other issues associated with this business. Some recommendations have been given by the lawyers regarding the issues that could be faced in the future and protection of the website and the product. However, an issue has been raised by a Californian individual against sending of a defective widget and has also written a blog about this issue and a very serious claim against the product owner. The product, widget lost the popularity and business revenue starts to drop significantly. In order to fight against all these issues while keeping the product safe from German terrorist, the owner has to take some serious steps regarding laws, which are discussed below.
A brief discussion about the website and analysis of different aspects of building a website
The widget is newly made software by a US based product development team. They are planning to launch this product through e-business and in order to do so; they already have made an excellent website by which they can sell the product worldwide. According to Brown (2015), a website of a company can be a great value-adding an element to increase the sale of the products through e-commerce business and promoting the business as well. However, as e-commerce increases, the chances of risks increase along with it. Risks of being copied by another in the context of look and feel of the creation are always prevalent in case of websites. Other risks include being accused by others using their intellectual assets unauthorized. So these are some of the basic issues that have to be in mind before launching a website. In order to protect different parts of the website by different types of intellectual property rights (IP), the product team has taken decisions accordingly. The contract formation is needed to preserve all the IP rights to protect the website from being copied and theft any contents or information provided about the product (USPTO, 2019). A patent application is a series of documents known a public disclosure to protect business and product's intellectual property (USPTO, 2019). Types of the patent include Utility of widget, design, software that has been used to develop the website. There are some common clauses that come under the U.S Constitution is patent and copyright clause. Some common IP rights in the US that have to keep in mind while introducing the product in the market are Copyright which about protects the published contents of the product that has been made by an individual. The content of widget software has been fall under this copyright section. Paul & Irvine (2016) stated that Patent refers to the commercial inventions of the product.
Different inventions that are related to the product for commercial usages like advertisement and functionality related information of the product and free trials of the product. Design right protects the designing part of the product with which no one can copy the design. Design of widget is unique; hence it falls under the design right section. Trademark of a product like logos, particular words, and phrases to describe the product, signs which distinguish the product from other competitors in the market. The product protection laws of US include: Consumer Product Safety Act (CPSA) which was enacted in 1972, describe the circumstances in which a product can be banned (Consumer Product Safety Commission, 2019). Product Liability Law in the US refers to the types of liabilities that the companies have to keep in mind while designing and marketing a product. Liabilities include negligence with product quality and safety, warranty related issues, different kinds of defects and damages after a certain period (McKinley, 2016). Along with this law, consumers can raise their issues regarding any product they are facing.
Discussion of California Lawsuit regarding the product 'widget'
As per California's product liability laws, if a person or organization sells or manufactures any defective product, is strictly liable for injuries or death caused by that product. This law can be applied for three types of defects which are manufacturing defects, design defects, and warning defects. This types of cases are filed in subject-matter jurisdiction of California. The venue refers to the place where the person or the business or the organization from, against whom someone is suing. California Consumer Privacy Act of 2018 is a bill passed by the state of California Legislature (Californians for Consumer Privacy, 2019). This act is about keeping the information private of any consumer by any organization.
Maintaining the provisions of California Online Privacy Protection Act of 2003, the marketing of widget can gain success as they are claiming to hide any sort of information of a buyer and also it is a punishable offense in California (Californians for Consumer Privacy, 2019). Application of all these laws and regulations can make a better market for the widget in California. In order to meet all the expectations of a customer, the product team needs to make the product defect free and need to plan a maintenance scheme for the product that will be provided within 1 year of the product purchase. This will gain customer attraction towards their product and sell will be increased.
Description of a lawsuit for defamation
Defamation refers to the situation in which a person is blamed by someone else for a false reason. Defamation Law is the section of the law that relates to communication about the reputation of another person that might hurt the person for the untrue blame. This law is introduced to protect people's lives from ruined or significantly altered by untrue statements against them. As per views of Rolph (2016), this law can be applied against the blame that a California individual has been raised against the product. For some unfortunate reasons a defective widget has been reached to the person and the person claimed that the website and the product are fake and the owner of the website is a child pornographer. Along with that, a blog has been published also by that person. This unlawful comment and behavior lead the owner to apply the Defamation Law against the California blogger. This defamation activity is a kind of Slander in which the spoken communication from a third-party is false and it causes damage to another person's reputation. The owner and the product development team take actions against the person with Online Defamation Law. This Law has been introduced for cases like this which have been filed against defamatory behavior through the internet. Online Defamation Law describes an overview of libel (defamation) law, with a discussion of the constitutional privileges for the protection of an individual (Consumer Product Safety Commission, 2019).
The owner of the product and product team has to establish the fact that the comment that has been made by the California blogger is untrue and for that they need to collect evidence which supports their clarification. This can be done by collecting feedbacks from other buyers. The feedbacks of the buyers who have a great experience with the widget can help the product team and the owner to establish the actual fact about the widget. According to Halverson (2018), the online reviews that can be viewed from the website and the number of visitors on the website can also justify them with the truth. The blogger also has to prove the fact that he has been made against widget in order to prove himself at the time of jurisdiction.
Discussion of Constitutional rights of a person and relation to cyberspace
Due to the false allegation against widget the owner of widget and product team have to tend to file a case against the blogger and trying to stop the blogger from writing the untrue comments about the product. This situation leads the blogger to raise a claim against the owner that the owner and his team are violating the constitutional rights of the blogger. The freedom of speech that an individual has, falls under the section of constitutional rights. Principles of the constitution refer to the constitutional facts that are laid under constitutional rights. Popular sovereignty is one of the most people-related principles of the constitution in the US. In this constitution, it has been stated that the people of the US is responsible to establish the constitution. The topic of accessing pornographic content by the minors is not a new thing in cyberspace. However, regarding this situation the law of constitution that states, one cannot access the pornographic content under the age of 18. The government has nothing to do about this as there is a very important fact of the First Amendment exists in cyberspace (USPTO, 2019).
The private institutions have to take care of this fact that no children can access the pornographic material and a valid age check will be there in all the fields. Communications Decency Act (CDA) of 1996, in which the court stated the fact that many private technologies can serve the purpose, as well as a law, could be (Halverson, 2018). However, the thing that has to be focused that law and code together regulate the cyberspace. According to Waldman (2017), the good East Coast code and good West Coast code that gives parents to protect their children from accessing adult contents as well as preserving the rights of freedom for people who should not be affected by this type of regulations. This regulations of law and codes in cyberspace can justify the fact that the website of the widget is not containing any child pornography adult content as there are many points that can prove the thing.
Different issues related to protecting the product from cyber crimes and terrorism
Cybercrime is a top concern while working with an online platform like an e-business. The rate of cybercrime rises with the e-store business and consumers. This will become a serious issue when any cybercrime takes place regarding the product that a store is selling. The idea of the widget has been stolen by a German terrorist organization and they are demanding a ransom of one million dollars from the product owner. This falls under the section of international crime as well as cybercrime (Consumer Product Safety Commission, 2019). The owner of the widget has filed a case in international criminal court (ICC) under the sections of international criminal law in cyberspace. Extradition is an important factor while dealing with international crime and it comes under the section of Extradition Act 1988. The widget case has been taken care of by INTERPOL (International Criminal Police Organization) which has 188 members. Mutual assistance is another fact that is present while dealing with an international crime (Federal Register of Legislation, 2019). Mutual assistance refers to the communication between the governments of two countries where the crime has been committed. They give assistance to each other while solving the matter. Intellectual properties of widget have been violated with this international crime. Design, logo and other important properties of widget might have altered by the terrorist which cause the failure of the product in the future.
Conclusion
It can be concluded that with this project, the different aspects of the intellectual properties of a product can be understood. The widget is a product of a US-based product team and they have a website where they introduce their product criteria and functionalities. Regarding this product different issues that one can face are discussed in this project. Various laws related to the patent and copyright acts are mentioned that can help in protecting the products and maintain a safe environment. Along with the help of these laws, one can analyze the ways by which protection of products can be enhanced and security can be prolonged.
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