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Issues: 1. An employee is designing a marketing campaign for a small business. They show you the layout of the campaign that includes video downloaded from YouTube and Vimeo. Since this will be used for commercial purposes, what do you say to the employee? 2. The leadership of a median sized computer supply company tells you that he is concerned that someone is trying to steal company secrets. Therefor, he has started monitoring all employee email. What do you say? 3. A software developer has designed a new software product that will have a major impact on the market. He designed this software on his own time but within the company’s premises and using their hardware. What issues does this present? 4. While working on a consulting contract for a large medical complex, you notice that many of the staff are taking pictures of patients and other staff that they later upload to their facebook. What issues does this present? To successfully complete this task work through the resources: 1. 2. Chapter 8 - Federal Government Information Security and Privacy Regulations =69821&chunkid=&rowid=557&refid=ZOSQK Legal Issues in Information Security, Second Edition by Joanna Lyn Grama Jones and Bartlett Publishers (c) . 49592&chunkid=&rowid=678&refid=ZOSQK Digital Media Law, Second Edition by Ashley Packard Blackwell (c)

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The issues presented in this scenario encompass a range of legal, ethical, and security considerations related to intellectual property rights, employee surveillance, proprietary software development, and patient privacy. Addressing these issues appropriately requires understanding relevant laws, company policies, and ethical standards to mitigate risks and ensure compliance with legal requirements.

Use of Copyrighted Material in Marketing Campaigns

The first issue involves the employee using videos from YouTube and Vimeo in a commercial marketing campaign. These videos are typically protected by copyright laws, and using them without proper licensing or permission could result in copyright infringement lawsuits. Under U.S. copyright law, images and videos are protected and require appropriate authorization for commercial use (U.S. Copyright Office, 2020). Even if the videos are publicly accessible, this does not imply they are free for commercial purposes. Therefore, I would advise the employee to either seek permission from the copyright holders or use royalty-free or licensed content explicitly marked for commercial use (Blackwell, 2014). It is essential to educate staff about intellectual property rights to avoid legal liabilities that could harm the company's reputation and incur financial penalties.

Employee Monitoring and Privacy Rights

The second issue concerns the company's monitoring of employee emails. While employers have the right to protect their business interests, blanket monitoring can raise privacy concerns and legal questions about employee rights. Under the Federal Government Information Security and Privacy Regulations, employers must balance security measures with respecting employee privacy, informing employees about monitoring practices, and ensuring they are compliant with relevant laws such as the Electronic Communications Privacy Act (Jones & Bartlett, 2022). I would recommend transparent policies that clearly communicate the scope and purpose of monitoring, as well as implementing limited and justified surveillance to prevent abuse. Overly intrusive monitoring can erode trust and violate privacy expectations, potentially leading to legal disputes or regulatory actions.

Ownership of Software Developed on Company Premises

The third issue involves a software developer creating a product on his own time using company hardware and premises. Generally, laws and company policies dictate that intellectual property created using company resources or during work hours may belong to the employer, even if developed outside regular working hours (Jones & Bartlett, 2022). Developing software on company equipment can imply ownership rights by the employer, especially if the software has a significant market impact. It is vital for organizations to have clear policies on intellectual property rights, including stipulations about software developed outside working hours using company resources. In this case, the company might have claim over the software unless there is a contractual agreement stating otherwise (Blackwell, 2014).

Photographing Patients and Privacy Concerns

The final issue relates to staff taking photos of patients and staff, then uploading them to Facebook. This practice raises serious privacy and confidentiality concerns, particularly under healthcare regulations such as the Health Insurance Portability and Accountability Act (HIPAA). HIPAA mandates that protected health information (PHI) must be safeguarded against unauthorized disclosure (U.S. Department of Health and Human Services, 2020). Sharing images of patients on social media without explicit consent constitutes a violation of patient privacy rights and exposes the medical facility to legal liabilities and reputational damage. Staff should be strictly prohibited from photographing patients without explicit consent and educated about confidentiality obligations. Implementing strict policies, along with monitoring and enforcing adherence, is essential to ensure compliance and protect patient rights.

Conclusion

In summary, these issues highlight the importance of understanding intellectual property rights, respecting employee privacy, establishing clear policies on proprietary software, and safeguarding patient confidentiality. Companies must stay informed about federal regulations and best practices in information security and privacy to minimize legal risks and maintain ethical standards. Proactive training, transparent policies, and compliance measures are critical components of effective risk management in today’s digital workplace environment.

References

• Blackwell, A. P. (2014). Digital Media Law. Blackwell Publishing.
• Jones, J. L., & Bartlett, P. (2022). Legal Issues in Information Security, Second Edition. Jones and Bartlett Publishers.
• U.S. Department of Health and Human Services. (2020). HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
• U.S. Copyright Office. (2020). Copyright Law of the United States. https://copyright.gov/title17/
• Additional references could include scholarly articles on copyright law, privacy rights, employee surveillance, intellectual property, and healthcare regulations.