Keeping Secrets Sample Clauses

Keeping Secrets. Encryption is perhaps the ultimate way to keep secrets.1 The accepted method of security has been to limit access to information. For example, documents might be placed in a safe with a combination lock, or valuables might be locked in a drawer for which on ly a few h ave the key. The d isad van tage w ith su ch form s of security is that once access is achieved then those secrets are compromised. Encryption, on the other hand, is a method of security which scrambles information so that only parties with a particular formula can unscramble it. Therefore, even if someone were to obtain access to con fid en tia l information, that information would be incom p rehensible w ithou t the unscrambling form ula.2 Encryption offers this added level of security and accounts for its increased use world­ wide.3 However, using encryption does not com e w ith ou t p roblem s. W hat happens when the inevitable occurs and security is breached? It is this point - the legal issues arising out of breaches of encryption - which this paper will deal w ith. Som e of the issues canvassed will be how liability can be determ ined, w hether some stand ard of care shou ld apply to parties making use of encryption and how the law can keep up to date with developments in technology. Problems with Existing Legal Discussion So far, legal d iscu ssion abou t encryption technology has been fairly narrow , focu ssin ▇ ▇ ▇▇▇▇▇ on the privacy implications of encryption.4 Debate has centred around issues such as w hether authorities should have the rig h t to in sp ect en cry p ▇▇▇ m a terial5 and the constantly increasing uses for encryption.6 Th ere has been v ery little legal com m en tary or g ov ern m en t regulation which deals directly with the con seq u en ces of en cry p tio n failin g. H ow ever, en cry p tio n is becoming so central to our current use of technology that this absence of 42 COMPUTERS & LAW d iscussion is a cause for concern. En cry p tion tech n o log y p resen ts situations which the existing law has never had to face.

Keeping Secrets. The Member and the Company shall keep confidential information regarding the other party's business (including, for the avoidance of doubt, the contents of the Service provided by the Company to the Member) that is known or obtained through this Usage Agreement strictly confidential. For the avoidance of doubt, the Member shall not use such information for any purpose other than the purpose of this Usage Agreement, or disclose or leak such information to any third party, without the prior written consent of the other party.