New Law to Help FBI Pursue Film Pirates from Clyde
30.9.04
INDUCE Act Vote Delayed Until Next Week Due to Lawmaker Reports of Stiff Consumer Oppostion Orrin Hatch, Chair of the Judiciary Committee stated in response that "If I have to, I will lock all of the key parties in a room until they come out with an acceptable bill."
Windows Without Curtains. Computer Privacy and Academic Freedom: A professor discovers the intricacies of electronic property rights when her computer becomes part of a police investigation. What rights do faculty have to work stored on a university's hard drive? By Martha McCaughey
The worst thing you can do to a computer is make it a "personal computer"... especially when it is owned by your employer. The sheer naivety of the author is amazing. Someone please make this person take a law class. We do need an Electronic Bill of Rights... but we aren't going to get one unless we demand it.
29.9.04
Deliberate Indifference
As defined by the 'Lectric Law Library, deliberate indifference is the conscious or reckless disregard of the consequences of one's acts or omissions.
Read "Deliberate Indifference: The Standard For Municipal And Supervisory Liability" by Michael Callahan, from the Temple of the Screaming Electron's law section.
Post created per Dave's prompting on the subject. Thanks.
27.9.04
Echelon's Counterparts
A few other countries have, or will soon have, systems like Echelon and Carnivore. Also links to United States other intrusive programs and a lot more reading.
http://archive.aclu.org/echelonwatch/networks.html
-Dan
26.9.04
23.9.04
More Research Databases from Dan
22.9.04
ChoicePoint AutotrackXP Allows You to "Search Billions of Records from Your Computer." "Whether you're investigating fraud, conducting criminal and civil investigations, locating witnesses, finding missing children or locating and verifying assets, AutoTrackXP can deliver comprehensive information right to your desktop."
Center for Democracy and Technology: Wiretap Project
PATRIOT II from Brian
21.9.04
20.9.04
19.9.04
18.9.04
17.9.04
State Of The Union: Opposing the Patriot Act from Clyde
16.9.04
Computer Technician Sells Access to Credit Database - Theft of Credit Reports Called Largest in History - When is His Firm, Teledata, Going to Be Held Liable?
15.9.04
1984- 20 Years Later - How far have we come?
Judge Dismisses Privacy Lawsuit Against Northwest Airlines in EPIC V. Northwest Airlines
Northwest violated a published privacy statement in sharing Customer Data with federal researchers. The customer data was not subpoenaed and was freely shared upon request. The most interesting element of the court's findings: the EPCA Only Applies to ISPs and Tellecommunication Carriers. The courst decision states: "We find that Northwest’s privacy policy did not unambiguously preclude it from sharing data with the federal government; that, even if it did, such a promise would be unenforceable as against public policy". Here is an article from Out-Law which has a a free eponymously title magazine.
13.9.04
Furdlog is dedicated to Intellectual Policy, Technology and Cultural issues (link from Brian)
12.9.04
Privacy
The US Constitution may not mention privacy explicitly but the United States is a Signatory of the United Nations Universal Declaration of Human Rights
Article 12 States that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
10.9.04
9.9.04
8.9.04
ACLU on the PATRIOT Act from DAN
Spam Laws State by State from Cthulu
Stupid Email Disclaimers from Tim
Harvard Law Review - "Developments in the Law: The Law of Cyberspace" from Jim
Digital Investigation: The International Journal of Digital Forensics and Incident Response. Get Your Free Issue While You Can! Tim lent me a copy last week and I have to say it is well written and accurate.
"Federal and state law enforcement officials in Virginia have launched a statewide task force aimed at battling computer crime. Members of the Virginia Cyber-Crime Strike Force will investigate and prosecute computer-related crimes, including child pornography, identity theft and hacking." from James
Computers, Privacy & the Constitution, Professor Eben Moglen, Columbia Law School, Fall 2002
7.9.04
Virginia Computer Crimes Act
§ 18.2-152.1. Short title. - This article shall be known and may be cited as the "Virginia Computer Crimes Act."
§ 18.2-152.2. Definitions. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.2
§ 18.2-152.3. Computer fraud. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.3
§ 18.2-152.4. Computer trespass; penalty. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.4
§ 18.2-152.5. Computer invasion of privacy. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.5
§ 18.2-152.6. Theft of computer services. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.6
§ 18.2-152.7. Personal trespass by computer. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.7
§ 18.2-152.8. Property capable of embezzlement. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.8
§ 18.2-152.9. Limitation of prosecution. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.9
§ 18.2-152.10. Venue for prosecution. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.10
§ 18.2-152.11. Article not exclusive. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.11
§ 18.2-152.12. Civil relief; damages. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.12
§ 18.2-152.13. Severability. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.13
§ 18.2-152.14. Computer as instrument of forgery. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.14
§ 18.2-152.15. Encryption used in criminal activity http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.15
§ 18.2-152.16. . http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.16 (Repealed by Acts 2004).
§ 19.2-386.17. Forfeitures for computer crimes. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-386.17
Thanks to Dave for the Links!
Operation Web Snare DoJ Press Release from Dave
3.9.04
Time Warner broadband suit advances - A state appeals court has breathed life back into Time Warner's challenge of an Ohio city law requiring new homes and offices to connect to a municipally owned Net infrastructure.
Anti Innovation
The U.S. Copyright Office has drafted a new version of the Induce Act that it believes will ban networks like Kazaa and Morpheus while not putting hardware such as portable hard drives and MP3 players on the wrong side of the law. Link from Brian
2.9.04
The Constitution of the United States of America link from Brian
The RSS Site Feed for NetSecLAw is available at: http://netseclaw.blogspot.com/rss/netseclaw.xml
1.9.04
War, Peace, or Stalemate: Wargames, Wardialing, Wardriving, and the Emerging Market for Hacker Ethics THE VIRGINIA JOURNAL OF LAW & TECHNOLOGY SUMMER 2004 UNIVERSITY OF VIRGINIAVOL. 9, NO. 7
The Guide to Wacky Court Cases from TimR
Chilling Effects: A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, and George Washington School of Law clinics.
Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate their favorite movie stars, or criticize businesses. But we've noticed that not everyone feels the same way. Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users. Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.
Regulating Cyberspace -- A Case Study In SPAM by Professor Lydia Loren of Northwestern School of Law of Lewis & Clark College
Brian sent in this Case Law Browser from Phillip Snizer
Internet Jurisdiction
Bangoura v. The Washington Post, Ontario Superior Court of Justice, No. 03-CV-247461CM1, 2004. In a decision by the Ontario Superior Court of Justice, it was found that a United Nations (UN) official can sue The Washington Post for libel even though the case does not involve any Canadian interests. As these case decided on purily jusisdictional issues, the nexus is made to attach these rulings to a mulitude of cases. Link from Dave
California Senate Bill 1279 would extend applicability of Civil Code Sections 1798.29 and 1798.82 - 1798.84 ( Notice of Security Breach) to increase corporate responsibility in cases where the personal information of customers was compromised. The bill expands on a law passed last year that requires companies to notify customers when their computerized information is accessed by an unauthorized party. The new bill would extend consumer protections to other data types such as stored voice mail messages. Link from Dave