The Computer Fraud And Abuse Act

not transferred to countries outside European economic area unless country has adequate protection for the individual

When considering the facts of the Margolin’s lawsuit with the rules of jurisdiction, first one must understand when personal jurisdiction and subject matter jurisdiction would be applicable. As stated in the textbook, “Personal Jurisdiction is a court 's power to render a decision affecting the rights of the specific persons before the court. Generally, a court 's power to exercise in personam jurisdiction extends only over a specific geographic region.” (Kubasek, pg.42, 2009). Before a court can decide to implement control over a person, they require a minimum contact within the district in which the court is over. In this case, the minimum contact was established over the internet when Margolin inputted information over the internet that completed the business transaction. Since the contact is through the internet, and not within boundaries of the state of California or Florida, the court can exercise personal jurisdiction Margolin’s lawsuit over Funny Face and Novelty Now (Kubasek, 2009).

A. According to the Communications Decency Act(CDA), cyberspace has many of the problems conterversise among crime, advertising,gaming,copyright,gambling

In 2006 AOL, inadvertently, made public personal information, of some 650,000 of its members. “The members filed suit with California federal district court, on behalf of themselves and a putative nationwide class of AOL members, alleging violations of federal electronic privacy law, 18 U.S.C. § 2702(a). A subclass of AOL members who are California residents also alleged various violations of California law, including the California Consumers Legal Remedies Act, California Civil Code § 1770.” (Doe 1 v AOL LLC, 2009)

In 1890, the United States Congress passed the first Anti-Trust Law, called the Sherman Act, in an attempt to combat anti trusts and as a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade.” (The Antitrust Laws). Twenty four years later in 1914, Congress passed two more Anti-Trust Laws: the Federal Trade Commission Act, which created the Federal Trade Commission whose aim is to protect American consumers, and the Clayton act, which fills in any loopholes in the Sherman Act. Ultimately, these three Anti Trust Acts regulate three core problems within the market: restricting the creation of cartels, restricting the “mergers and acquisitions of organizations which could substantially lessen competition”, and prohibit the creation of monopolies in the market (“The Antitrust Laws”).

On appeal, the Ninth Circuit agreed, deciding en banc a narrow interpretation was proper because “the plain language of the CFAA “target[s] the unauthorized procurement or alteration of information, not its misuse or misappropriation.” Id. at 863. The court also noted if Congress intended the statute to apply to

January 30th changes were made to the crimes act (2000) to help stop one punch violence in Sydney’s CBD after a senseless act of violence took the life of a Sydney teen. The changes that were made, gives a harsher jail sentence if a life is taken, and if the attacker if intoxicated at the time there is a minimum sentence of eight years, this is only the second time in recent history a minimum sentence has been put in place. More transport out of the CBD was also put into place after the amendment was passed, to give a safe option home after a night out. Places that sell alcohol have also been effected by having to stop people from purchasing alcohol after a certain time.

In 1984, the CFAA began as a criminal statute to protect classified information in government computer systems. The statute, initially, was restricted to “federal interest computers,” which included only computers of governmental and financial institutions. Throughout the years, Congress progressively expanded its reach, both in terms of who may file suit and what computers are protected. In 1994, Congress added, for the first time, a private right of action to allow “[a]ny person who suffers damage or loss by reason of a violation of [the statute]” to “maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.” Further amendments in 1996 extended the range of the CFAA from “federal interest computers” to “protected computers” used in interstate commerce.

This case shows that Shaffer filed a shareholder’s derivative suit in Delaware state court against Heitner and 28 corporate officers for violating their duties while in Oregon resulting in corporate liability for lots of damages in an antitrust suit, plus a fine in criminal actions. In demand, he filed motion for possession of Delaware property of the defendants. Heither didn’t sign residency in Delaware and owned one share of Greyhound stock. Heither filed for motion legal possession of Greyhound’s stock owned by 21 of the corporate officers in order to keep quasi-in-rem jurisdiction. Delaware’s statute allowed assets in the state to be seized by the court to keep personal ownership. Shaffer challenged the court’s jurisdiction on obtaining

I read the article What Makes cyber crime laws so difficult to enforces by Deb Shinder of the Tech Republic . The article talks about why it is so hard to control cyber crime and enforce laws that will help prevent and protect people from cyber crime. The article starts about talking about how at first when the internet got mainstream it was not regulated at all, but over the coming years we have passed law that regulate things that you can do on the internet. Even though we have these laws that are not working in protecting people against cyber crime, it even states in the article that “It can be frustrating for the victims of such crimes, when the perpetrators are never brought to justice”. The article goes into different subdivision on what they believe is causing the laws to not be effective. It split into judicial issues, Anonymity and identity, Nature of the evidence.

What would happen if we did not have the Cybersecurity Act? If we did not have cybersecurity protection then hackers would easily be able to get important information that we need to protect ourselves, and the country, if there were to be very important information leaked to either cyber-criminals, terrorists or hackers then multiple people or America itself may be in trouble. Many businesses, trade groups, government officials, and civil liberty groups will be protected by the Cybersecurity Act, also it gives people, the government, and money more privacy then they have already. The overall goal of CISA (Cybersecurity Information Sharing Act) is to improve information sharing in the hopes of preventing cyber-attacks

President Bill Clinton created the Telecommunications Act of 1996 to promote fair competition in the United States telecommunications market. President Clinton’s goal was to establish an open market so that any business can compete in the telecommunications field. Since the creation of the Telecommunications Act, there has been a bevy of radio and television mergers. One can safely say that with all the recent mergers, some companies have become monopolies in their respective fields. The Telecommunications Act primary focus is to help businesses compete against other businesses so that the consumer can reap the benefits of lower prices for services, a wider selection of services from different companies, more jobs, and a better

To support his position, Garrett points to the decisions of two federal courts of appeals that have held “in the context of non-prosecution agreements [that] the government is prevented by due process considerations from unilaterally determining that a defendant is in breach and nullifying the agreement.”37 This sort of judicial review, however, does not offer sufficient safeguards for companies, nor is it constitutionally required when it matters

“This legislation grew out of the fact that by 1998 roughly ten million American children had access to the Internet, and at the same time, studies indicated that children were unable to understand the potential effect of revealing their personal information online and parent failed to monitor their children’s use of the Internet.” (Koby)

-Within this writing assignment, I will discuss the four major categories of computer crimes. I will explain the most common forms of digital crime and why cyber terrorism is the greatest threat. I will also discuss the roles of the U.S. government, court systems, and law enforcement agencies in combating computer crime. First, we will define the four major categories of computer crimes.