The Official (ISC)2 CISSP CBK Reference. Aaron Kraus
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the users are unable to get patches and updates. This leaves the users of bootleg software at risk when compromises are found in the software. While the vendors patch their legitimate versions, the unlicensed versions don't get the updates. It is somewhat ironic that by illegally using unlicensed software, individuals are more likely to be targeted by other illegal actors. The effect of this was seen most clearly in the rapid distribution of the WannaCry malware in China, where estimates suggest that 70 percent of computer users in China are running unlicensed software, and state media acknowledged that more than 40,000 institutions were affected by the attack.
Patents
A patent is a government-issued license or grant of property rights to an inventor that prohibits another party from making, using, importing, or selling the invention for a set period of time. In the United States, patents are issued by the United States Patent and Trademark Office (USPTO) and are usually valid for 15 or 20 years. To qualify for a patent, an invention must be new, useful, and nonobvious. Patents issued by the USPTO are only valid in the United States and its territories; inventors must file patent applications in all countries where they want to be protected under national patent law. There is a European Patent Office (EPO), Eurasian Patent Organization (EAPO), and African Regional Intellectual Property Organization (ARIPO), among others. As a CISSP, you should familiarize yourself with the local IP laws in your jurisdiction.
United States patent law is codified in 35 U.S.C. and 37 C.F.R. and enforced by the U.S. legal system (not the USPTO). For international violations of a U.S. patent, a patent holder may pursue action by the U.S. International Trade Commission (ITC) instead of or in addition to the court system; the ITC can issue exclusion or cease and desist orders to restrict the infringed product from entering the United States. The most robust remedy for international infringement of a U.S. patent may only be achieved through the courts.
Trademarks
According to the USPTO, a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” A service mark is a similar legal grant that identifies and distinguishes the source of a service rather than goods. The term trademark is commonly used to refer to both trademarks and service marks. Think of the brand name Coca-Cola as a popular trademark; the word Coca-Cola distinguishes that specific brand from Pepsi or any other brand of cola/soda/pop. In addition to 35 U.S.C., trademarks are protected under the Trademark Law Treaty Implementation Act (U.S. Public Law 105-330). Unlike patents, a trademark does not expire after a set period of time. Instead, trademark rights last as long as the mark is used in commerce, which can be as long as forever.
Copyrights
A copyright is a legal protection granted to the authors of “original works of authorship” that may include books, movies, songs, poetry, artistic creations, and computer software, among other categories. Copyrights created by an individual are protected for the life of the author plus 70 years. Copyright law in the United States was last generally revised by the Copyright Act of 1976 and codified in 17 U.S.C. The U.S. Copyright Office handles registration, recording, and transferring of copyrights, although an original work does not need to be registered to receive copyright protections.
Trade Secrets
A trade secret is a proprietary formula, process, practice, or combination of information that a company has exclusive rights to. Using an earlier example, the recipe that Coca-Cola has maintained since 1886 is a trade secret because it is proprietary and has economic value to the company only because of its secrecy. In the United States, trade secret laws are generally left up to the states, although most states have adopted the Uniform Trade Secrets Act (UTSA), which was last amended in 1985. In addition, the Economic Espionage Act of 1996 (discussed earlier in this chapter) and the Defend Trade Secrets Act (DTSA) of 2016 both establish the theft or misappropriation of trade secrets as a federal crime.
Import/Export Controls
Many countries closely regulate the movement of technology through their borders. This might be done to protect local industries from external competition, limit the exportation of sensitive technologies (like encryption), or meet other policy goals of a particular nation. As a CISSP, you should be aware of the implications of any import/export controls in which your organization operates or to which your company's employees may travel.
NOTE The United States, European Union, and other jurisdictions sometimes issue sanctions (government edicts that prohibit doing business with a given person, group, organization, or country) against particular countries or particular entities. These sanctions come and go much more frequently than import/export laws and can pose challenges for security teams that operate in or do business with sanctioned entities. As a CISSP, you should be aware of sanctions that impact your organization and help ensure your organization's IT systems meet relevant legal requirements.
One of the most well-known regulations that establishes import/export controls is the U.S. International Traffic in Arms Regulations (ITAR). ITAR regulates the export of defense articles and defense services to keep those sensitive materials out of the hands of foreign nationals. ITAR applies to both government agencies and contractors or subcontractors who handle regulated materials outlined in the United States Munitions List (USML). Regulated products and technical data include satellites, aircraft, spacecraft, missiles, and much more. Merely sending an email containing ITAR-controlled data (like a blueprint or 3D design file) is considered an export under ITAR. As such, it's important that your organization maintains proper security controls to restrict the flow of ITAR data to legitimate people and locations.
The European Union also places restrictions on dual-use technology. ECPA No. 428/2009 of May 5, 2009, requires member states to participate in the control of exports, transfer, brokering, and transit of dual-use items. In 2017, these regulations were updated to reflect controls over cyber weapons.
A number of countries have adopted laws or regulations that require security reviews to be conducted or, in some cases, denied companies the authority to import products to their countries altogether. In 2016, China passed a broad cybersecurity law that requires information technology vendors to submit their products to the Ministry of State Security for technical analysis. The law allows the ministry to demand source code for inspection as part of the review process. Similar expectations have been placed on software products by Russia and other nations. In 2017, the U.S. government, citing security concerns, singled out Kaspersky Labs, legislating that the company's products would not be allowed on any U.S. government computer system.
Transborder Data Flow
The concept of transborder data flow is closely related to the previously discussed topic of import/export controls. More specifically, this concept focuses on requirements around restricting certain data to or from specific geographic locations or jurisdictions. The ITAR discussed in the previous section is a great example of a legislation that restricts the flow of data. Under ITAR, data must remain within the United States; otherwise, it is considered an export (which may or may not be permitted). Further, ITAR specifically prohibits regulated data from being sent to Iran, Syria, North Korea, and other specified countries. ITAR requirements are particularly noteworthy for public cloud infrastructures that have a global footprint. Many cloud providers have developed the concept of “GovCloud” or similar regionalized cloud offerings to support ITAR and other import/export requirements that restrict transborder data flow.
Many jurisdictions require that certain types of data must be processed inside their borders. This trend has been increasing in recent years, on the assumption that the information, by default, will be more secure, will be available to governments on legal request, and will have the economic benefit of inducing operators of data processing centers to locate facilities within their countries. More than 34 countries have