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==Law in Cayman Islands== ...tiality obligations, in parallel to the civil remedies available at common law. ...

...elf, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensat ...

...s version published in September 2002. During this seven-year period, case law related to electronic evidence has developed significantly. Of particular n ...tory effect, confers no rights or remedies, and does not have the force of law or a U.S. Department of Justice directive. See United States v. Caceres, 44 ...

...been delegated authority to review requests to use video surveillance for law enforcement purposes when there is a constitutionally protected expectation ...ertain provisions of the Federal electronic surveillance statutes. See the Criminal Resource Manual at 32 for additional discussion of video surveillance warra ...

...mputer Systems Protections Act — 1991 Ga. Session Law - Quotes the session law repealing the former §§ 16-9-90 to 16-9-95 and adding the current language. Computer Crime Prevention Law — Ill. Rev. Stat., ch. 38, §§ 16D-1 to -7<br> ...

==Law in Panama== ...tration process and the supervision of providers of data storage services. Law 51 and Decree 40 provide for enforcement through the General Directorate of ...

...ecision also called into question the ability of any state to adopt such a law: "[T]he Internet . . . must be marked off as a national preserve to protect ...r. 2003). The court’s questions concerned the scope of an amendment to the law that made it applicable not just to pornography websites but also to newsgr ...

==Law in British Virgin Islands== ...VI and accordingly, a BVI Court will recognise and subscribe to the Common law duties of confidentiality and privacy. In essence, a person's details will ...

...derstand the legal issues that arise when they seek electronic evidence in criminal investigations.<br> ...nual reflects that division: Chapters 1 and 2 address the Fourth Amendment law of search and seizure, and Chapters 3 and 4 focus on the statutory issues, ...

...S states (see partial list below). The first state to pass a credit freeze law was California, with a bill sponsored by Debra Bowen in 2003. In late 2007, ...he [[Federal Trade Commission]]. This form of identity theft occurs when a criminal opens credit in another individual's name. In the credit origination proces ...

The law prohibits unauthorized obtaining of "information from any protected compute * [http://www.law.cornell.edu/uscode/18/1030.html Cornell Law posting of US Code 18 § 1030] ...

==Common Law Rule== At common law, one who “repeats” the statements of another is just as responsible for the ...

...substance from public international law, conflict of laws, constitutional law and the powers of the Executive (government) and Legislature branches of go ...the states to legislate against many types of crime, the federal criminal law must have an appropriate jurisdictional basis to avoid constitutional chall ...

* Criminal record ...is is one reason that multiple pieces of evidence are usually presented at criminal trials. It has been shown that, in 1990, 87% of the population of the Unite ...

...y that property or contracts are, as it is a domain covering many areas of law and regulation. Some leading topics include [[intellectual property]], [[p ...sdictional code, legal practitioners are generally left with a conflict of law issue. ...

'''Searching & Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations''' ...lters, or prevents authorized access to those communications is subject to criminal penalties. ...

The '''Computer Fraud and Abuse Act''' is a law passed by the United States Congress in 1984 intended to reduce cracking of ...nvolving any (not just $5,000) damage to a government computer involved in criminal justice or the military; ...

...that vary with the community and from one nation to another. Under current law, the legal question of whether speech is obscene is determined partly by re ...patently offensive way, sexual conduct specifically defined by applicable law; ...

...r section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91-508, is liable to the United States Government for a civil penalty of no (B) the date any judgment becomes final in any criminal action under section 5322 in connection with the same transaction with resp ...

...ax records held by a third party tax preparer because of state and federal law governing tax record privacy. No. 09SA69 (Co. Dec. 14, 2009) An analogy cou ...nment officer or employee, in connection with the investigation . . . of a criminal offense to search for or seize any work product materials possessed by a pe ...

...ean Union. It is an important component of EU [[privacy]] and human rights law. The right to [[privacy]] is a highly developed area of law in Europe. All the member states of the European Union (EU) are also signat ...

...w No. 108-187, was S.877 of the 108th United States Congress), signed into law by President of the United States George W. Bush on December 16, 2003, esta ...is key regarding the CAN-SPAM legislation." In January 2004, the month the law went into effect, less than 1% of spam complied with the CAN-SPAM Act of 20 ...

...urisdiction]]. Fraud is a crime, and also a [[Civil law (common law)|civil law]] violation. Defrauding people or entities of money or valuables is a commo Types of criminal fraud include: ...

...r electronic communications. Title II of ECPA created a new chapter of the criminal code dealing with access to stored communications and transaction records, ...e communication and regulates real-time electronic surveillance in federal criminal investigations. See [[Privacy: Wiretap Act | main article on Wiretap Act]]. ...

...r electronic communications. Title II of ECPA created a new chapter of the criminal code dealing with access to stored communications and transaction records, ...e communication and regulates real-time electronic surveillance in federal criminal investigations. See main article on Wiretap Act. 18 U.S.C. §§ 2510-2522 was ...

# It must be prepared by an applicant identified as a law enforcement or investigative officer. The application must be in writing, s ...ates that each affiant swears to the entire affidavit. If a State or local law enforcement officer is the affiant in a Federal electronic surveillance aff ...

...about each other. Issues have also been raised that privacy can encourage criminal activity as it makes it easier for criminals to hide their unlawful activit ...other information categories that often receive special treatment in state law.<br> ...

...d to disclose electronic communications pursuant to a civil--as opposed to criminal--discovery subpoena"). ...cords or other information sought, are relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d); see also In re United States for an Or ...

* Criminal identity theft (posing as another person when apprehended for a crime) === Criminal identity theft === ...

...''Sarbanes–Oxley''', '''SarBox''' or '''SOX''', is a United States federal law enacted on July 30, 2002. It is named after sponsors U.S. Senator Paul Sarb ...mmission (SEC) to implement rulings on requirements to comply with the new law. Harvey Pitt, the 26th chairman of the United States Securities and Exchang ...

:::'''(ii)''' the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United Stat :'''(10)''' the term "conviction" shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, a ...

...d. The Court declined to exercise supplemental jurisdiction over the state law claim in the interest of comity. ...purposes of the Stored Communications Act. The court further held that the law excepted from liability defendants’ accessing of those cookies as a party t ...

...banners may establish the network owner's common authority to consent to a law enforcement search. ...o real-time interception pursuant to 18 U.S.C. § 2511(2)(c) (monitoring by law enforcement agency) or § 2511(2)(d) (provider monitoring). ...

...ing a customer's ZIP code is illegal in California, where the state's 1971 law prohibits merchants from requesting or requiring a card-holder's "personal Application fraud happens when a criminal uses stolen or fake documents to open an account in another person's name. ...

==Law in Canada== ...ts under other legislation, federal anti-spam legislation, identity theft/ criminal code etc.) that govern the protection of personal information in the privat ...

# Marczeski v. Law, 122 F.Supp.2d 315, 327 (D. Conn. 2000) (individual who created private “ch ...nc. v. Keynetics, Inc., 422 F. Supp. 2d 523 (D. Md. 2006) (state anti-spam law); Doe v. MySpace, 528 F.3d 413 (5th Cir. 2008). (negligence and gross negli ...

...re ideas, and are protected as such; protection of inventions under patent law does not require that the invention be represented in a physical embodiment ...e and arrangement of words, musical notes, colors and shapes. So copyright law protects the owner of property rights against those who copy or otherwise t ...

...r 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended [[Title 17 ...mances and Phonograms Treaties Implementation Act]], amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phon ...

...otected computer.”18 U.S.C. § 1030. While the CFAA is primarily a criminal law intended to reduce the instances of malicious interferences with computer s There are seven types of criminal activity enumerated in the CFAA: obtaining national security information, c ...

...d. This chapter explains how the electronic surveillance statutes apply to criminal investigations involving computers and also discusses how to obtain cell-si ...Act of 1986. Failure to comply with these statutes may result in civil and criminal liability, and in the case of Title III, may also result in suppression of ...

...HIPAA defines numerous offenses relating to health care and sets civil and criminal penalties for them. It also creates several programs to control fraud and ...0 days upon request. They also must disclose PHI when required to do so by law, such as reporting suspected child abuse to state child welfare agencies.<b ...

...") is an [[Act of Congress|Act of the U.S. Congress]] that was signed into law by [[George W. Bush|President George W. Bush]] on October 26, 2001. The tit ...ired (to) Intercept (and) Obstruct Terrorism ''Act of 2001''.<ref>[[Public Law]] {{USPL|107|56}}</ref> ...

...de Comm’n May 24, 2001). The FTC ruled that Amazon did not violate federal law prohibiting unfair and deceptive trade practices. The FTC launched the inve ...Ohio 2002); File No. 022-3028 (Fed. Trade Comm’n 2001). In its sixth COPPA law enforcement action, the FTC brought suit against The Ohio Art Company, make ...

...n the US are incorporated under corporate administration friendly Delaware law, and because the US's wealth has been increasingly securitized into various ...chael Jensen's "The Separation of Ownership and Control" (1983, Journal of Law and Economics) firmly established agency theory as a way of understanding c ...

...ause will not exist if the agent can only point to a "bare suspicion" that criminal evidence will be found in the place searched. See Brinegar v. United States ...___, 2009 WL 2151348 (9th Cir. July 21, 2009), the Ninth Circuit held that law enforcement is not necessarily entitled to examine a computer that may cont ...

...h as a briefcase or file cabinet. The Fourth Amendment generally prohibits law enforcement from accessing and viewing information stored in a computer if ...ledger contains some information that falls within the scope of a warrant, law enforcement may seize the entire ledger, rather than individual responsive ...

...fsky v. Gilmore, 167 F.3d 191 (4th Cir. 1999). The court upheld a Virginia law restricting state employees from accessing “sexually explicit” material on ...nst educators at his school, was not a “true threat” under First Amendment law. The court nonetheless upheld the student’s suspension by the school distri ...

Try to think like a criminal; how would you circumvent technology controls utilized? Or, what would happ ...bilities, otherwise known as the means, the motive, and the opportunity in law enforcement circles, is an employee or third party with access to the centr ...

Although the primary concern of this manual is obtaining computer records in criminal investigations, prosecutors must also bear in mind the admissibility of tha ...equently, the Fourth Circuit's reasoning in Washington likely remains good law. ...