The existing laws deal with those items related to right to privacy and information acts in relation to communications. The fact there are many actions, which take place on computers not governed by existing laws raises the question is it against the law to steal data from someone's computer without permission.
The reality is many otherwise honest companies with whom people do business on the computer are dishonest in one critical area, which is the use of cookies to gather information. Yet can this or should this be defined as illegal since there really is not a body of legislation related to computer problems. It seems morality and ethics ought to limit the immoral and unethical behaviors, which cause computer problems but this is a very unrealistic view!
Stealing information from someone's office or home is illegal and can lead one to a jail sentence, but what about information stolen from a computer, is this legal? Some say yes, because a definite law forbidding it does not exist, others say it does not matter whether it is legal or not because, there is no way to know the names of the spies. This is a true statement to a degree, but there have been both "white hat" and "black hat" hackers accused and convicted of such crimes.
The recognition of the absence of appropriate laws to prevent illegal actions on the computer is something law schools are preparing law students for in the fight against spyware attacks on computers. The right to privacy act does not cover the act of placing spyware on someone else's computer, which is capable of damaging the computer and preventing the computer from working properly. spyware, which harms the hard drive in computers, is illegal based on moral, ethical standards but this is not sufficient to prevent it from happening.
Destroying someone's hard drive or any part of a computer is damaging or destroying the property of another. A person cannot come into your home and steal your computer, nor can the person take a sledge-hammer and smash your computer and yet the same person can place a piece of spyware into your computer and permanently destroy it completely or in part. The only action you can take is to buy a new computer.
There are more laws needed and law students and professors will continue to raise questions related to computer legislation for dealing with spyware and other forms of computer abuse. The government is beginning to act by writing laws, when their efforts bring success, the seemingly endless battle with spyware will improve. Meanwhile, those who own and use computers must depend upon honest companies to provide anti-spyware to fight the battle against spies for us.
What Are Legal Issues
Choosing to buy a franchise rather than starting your own business can have a lot of advantages, and the franchisor running certain things can certainly simplify your operation. On the other hand, it can also be considerably more complicated in some ways, one of which is the tangle of legal issues that is particular to buying a franchise. Many sources strongly recommend that you acquire a franchise lawyer when you are thinking about buying a franchise to help you mine through these legal issues.
One of the most important documents you will have to figure out is the UFOC (uniform franchise operating circular) which the franchisor is required to create by the Federal Trade Commission. This UFOC discloses a number of things about the franchisor and the business they are selling you, including what they do, their business experience, the fees you can expect to pay, what kind of investment you will have to make, and whether or not they have been involved in any lawsuits. Reading this document can tell you a great deal about a franchisor, and understanding it will help you decide whether buying their franchise is right for you.
Another document that you need to pay close attention to and may need a lawyer to help you understand is the franchise/legal agreement, which will spell out your and the franchisor's rights and obligations. This will tell you things like how long the franchise agreement is for, how you can use their trademark, and what can cause the agreement to be terminated.
As you are reviewing these documents, make sure to pay close attention to how much control the franchisor has over the operation of your business, which can certainly vary based on the industry and company. If you are unwilling to cede a lot of control, make sure to select a franchisor that fits that need, and make sure you understand what the franchisor is offering in their documents in terms of how much control they will have in managing your business, because if you run into conflicts with them about the operation of the business later, you want to be sure you knew what you were getting into.
You should be suspicious of any franchisor who does not want you to understand these legal documents. If they try to dissuade you from getting a franchise attorney or from reading them thoroughly, you might reconsider whether or not you want to do business with them. A good franchisor will have nothing to hide in these documents, and will want you to read and understand them completely.
Understanding the UFOC and franchise agreement of a franchisor is not enough, however. You will need to do a lot more research and homework before deciding to buy a franchise. Some other things you might do to help you figure out if you are getting a good franchise are to talk to current franchisees and to avoid anything that seems too good to be true. Being smart about buying your franchise can help you avoid big pitfalls, legal and otherwise.
Both Andres Berger & Blair Cavagrotti are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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