NetSecLaw: Dedicated to events, news and trends in technology law. XML Feed

30.9.04

New Law to Help FBI Pursue Film Pirates from Clyde

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."

Patent Office Rejects Microsoft's FAT Patent: All Claims of Reynolds '517 Patent Ruled Invalid

Patent Office Rejects Microsoft's FAT Patent: All Claims of Reynolds '517 Patent Ruled Invalid

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

Want to participate in a 1984+20 Blog project? Get your login here.

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.

Sony V Universal (AKA Betamax) 1984

NY Judge Strikes Down PATRIOT Act Provisions. More from ZDnet

Willful Infringement is a documentary about (un)fair Use

Copyright terms and public domain: A reference chart

Harvard OpenLaw

The UCLA Online Institute for Cyberspace Law and Policy

US Copyright Office DMCA Summary
The Anti-DMCA Web Site

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

DRM Presentation

EFF USENIX Security Presentation on E-Voting and Security Research

Geneva Declaration on the Future of the World Intellectual Property Organization

23.9.04

Cryptography and Free Speech

Bernstein V United States

Bernstein V USDoJ

Eventually the Government Backed off of EAR and ITAR rendering the case moot.

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

Total Information Awareness

Improving Our View of the World: Police and Augmented Reality Technology

Police Futurists International: The Impact of Video Monitoring Technology on Police Field Operations

Free EFF Cyberlaw Course: Cyberspace Law for Non-Lawyers

Domestic Security Enhancement Act of 2003 (DSEA)

PATRIOT II from Brian

21.9.04

OOPS?

Linux group rebuffs Hollywood piracy charge

20.9.04

Creative Commons License Tested by "The Wired CD: Rip. Sample. Mash. Share."

19.9.04

Extortion Online

Technology can help fight the growing cyberextortion threat, but experts say not enough companies are prepared

Tech Groups Want Induce Hearings

18.9.04

UT Dallas Backs off its 802.11 device ban

College backs off WIFI Ban is a follow up to a previous post (9.9.04).

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

Final Gramm-Leach-Bliley Safeguards Rule

FAQ for Gramm-Leach-Bliley Act

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.

Maryland court rejects e-voting safeguards

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

Chicago Mayor Unveils Plan for Monitoring Citizens

UK Law May Undermine Digital Copyrights from Tim

9.9.04

P2P jail bill moves forward

I found an interesting article at Slashdot pertaining to UT Dallas and its policy toward wireless APs. I included it because of the links it contains, particularly the FCC's PDF. The way I read it, it was stating the FCC is the only body having the power to regulate RF matters, not the University.

8.9.04

ACLU on the PATRIOT Act from DAN

Spam Laws State by State from Cthulu

Stupid Email Disclaimers from Tim

The Right of Privacy

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

The Zimmerman Case

Computers, Privacy & the Constitution, Professor Eben Moglen, Columbia Law School, Fall 2002

The Electronic Privacy Information Center is a Clearinghouse for Privacy Information

Privacy.org has a decent news feed on privacy issues

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

Links from Dan: Jurisdiction in CyberSpace
French Law Challenge Tests E-Jurisdiction

The Guide to Wacky Court Cases from TimR

Should the DMCA Prevail: Analysis of the Constitutionality of the Digital Millennium Copyright Act

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

Maybe Outsourcing Isn't Such a Good Idea?

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

NIST Guide 800-66: An Introductory Resource Guide (to) Implementing the Health Insurance Portability and Accountability (HIPAA) Security Rule from Dave