Concerns Of TechFite Company Legal Constraints And Liability Assessment

Length: 4 pages Sources: 3 Type: Assessment Paper: #93882495 Related Topics: Business, Communication, Ethics, Operations Published November 04, 2022
Excerpt from Assessment :

TechFite is a consulting and advising internet organization that aids in helping other businesses with ways to be more profitable in digitizing their online ventures. The company has had a good reputation over time; however, its application division has caught the eyes of the media for being reported to undertake some disturbing business practices. (Editor, 2018) Recently, TechFite had business ventures with Orange Leaf Software LLC to be hired for consultation services. However, before disclosing any technical details, the applicant division executive executed a non-disclosure agreement with Orange Leaf organization. During the pre-consultation process, Orange Leaf's chief technology officer completed a questionnaire that included their organization's technical information. However, for their reasons, Orange Leaf did not employ the TechFite Application Division. But months later, Orange Leaf was surprised that their competitors were launching similar products to theirs. This was a similar scenario with CTO for Union City Electronic Ventures.

The specific laws that the TechFite organization breached

Therefore, this violated laws since organizations must protect their client's confidentiality at all costs, even if they decline to conduct business. Thus TechFite organization was liable for breaching the Computer Fraud and Abuse Act (CFAA). This Act has been enacted to address legal and illegal access to federal and financial information technology systems to reduce computer system cracking and gaining unauthorized penetration to obtain information illegally (Johnson, 2015). Thus there are claims that the organization utilized a common hacking program called Metasploit to compromise the security system of both Orange Leaf and COT for Union City Electronics Ventures that were used in interstate commerce by their competitors. The TechFite organization has a Business Intelligent (BI) unit, which gathers publicly available information about the organizations they have worked with to benefit their marketing scheme. It is a legal operation and common in an organization offering such activities. However, they failed to safeguard some of the vital details of the clients who refused to conduct business with them.

In addition, Electronic Communication Privacy Act (ECPA) was breached. The Act prohibits interceptions, disclosure, or electronic and oral communication. It is illegal to manufacture, distribute or possess a device whose primary use is the surreptitious interception of such communication (Gregg,…scanning activities into IP addresses of other internet-based organizations. However, the major concern was on Sarah Miller, the senior analyst, yet she had the most traffic in scanning other organization networks. Jack Hudson, a junior worker, took instructions from Miller; he was found to be penetrating other internet organization networks and gathering intelligence by surveilling the company trash.

What is more of concern is Jack Hudson was a member of Competitive Intelligence Professionals, who are expected to be practicing a high dignity code of ethics against illegal penetration of other organization networks. Therefore, for TechFit to redeem itself, they need to fix its systems in that administrative privileges are only granted to executive officers who can handle them. Besides, they should uninstall all the Metasploit tools from their system and educate their employees on work ethics.

In conclusion, TechFite had committed the crime of breaching other organizations' internet networks without their consent. Despite having employees expected to be professionally ethical, they have failed to perform their duties diligently. Therefore to redeem itself, they need to employ disaster recovery to maintain high integrity and…

Sources Used in Documents:

References


Editor, I. (2018). Insight Public Sector | IPS. Retrieved 18 June 2022, from https://www.insight.com/en_US/content-and-resources/brands/hewlett-packard-enterprise/hpe-secure-compute-lifecycle-whitepaper-ac-hpe0001.html.


Gregg, M. (2006). Hack the Stack. https://doi.org/10.1016/b978-1-59749-109-9.x5000-x


Johnson, L. (2015). Security Controls Evaluation, Testing, and Assessment Handbook. https://doi.org/10.1016/c2013-0-13416-2


Kenton, W., Johnson, J., & Eichler, R. (2022). Sarbanes-Oxley (SOX) Act of 2002 Definition. Investopedia. Retrieved 18 June 2022, from https://www.investopedia.com/terms/s/sarbanesoxleyact.asp#:~:text=The%20Sarbanes%2DOxley%20Act%20of,tough%20new%20penalties%20on%20lawbreakers.


ONLINE, U. (2022). Business Continuity vs. Disaster Recovery: 5 Key Differences | UCF Online. UCF Online. Retrieved 18 June 2022, from https://www.ucf.edu/online/leadership-management/news/business-continuity-vs-disaster-recovery/.


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