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...cceptable security practices for such systems. It requires the creation of computer security plans, and the appropriate training of system users or owners wher * Requires establishment of security policies for Federal computer systems that contain sensitive information. ...

...de to the Emerging Legal Issues 14 ( Joseph F. Ruh, Jr., ed., The Computer Law Association 1996). ...

...ines "message" means the digital representation of information (generally, computer-based information), "document" means information inscribed on a tangible me ...

...ting UCC2B consisted of both members from NCCUSL and members of [[American Law Institute]] (ALI). At certain stage of the process, ALI has withdrawn from ...final "as read" UCITA document is what is actually passed and signed into law by each state governor. The passage record typically indicates each versio ...

...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 ...

...is a term used in Title 18, Section 1030 of the United States Code, (the [[Computer Fraud and Abuse Act]]) which prohibits a number of different kinds of condu <blockquote>a computer—<br/> ...

Alabama Computer Crime Act — Ala. Code §§ 13A-8-100 to 13A-8-103 Colo. Rev. Stat. tit. 18, art. 5.5 — Computer crime<br> ...

...n enjoining enforcement of a state statute, criminalizing dissemination by computer of material “harmful to a minor.” ...e, prohibiting dissemination of “sexually explicit” materials to minors by computer. ...

...' is a California law regulating the privacy of personal information. The law was introduced by California State Senator Peace on February 12, 2002, and [[Category:Computer law]] ...

...er might keep a list of who owes him money in a file stored in his desktop computer at home, or a money laundering operation might retain false financial recor ...e in criminal cases. The purpose of this publication is to provide Federal law enforcement agents and prosecutors with systematic guidance that can help t ...

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

# [[Copyright Non-Preemptable Common Law Claims]] # [[Uniform Computer Information Transactions Act]] ...

...ted by copyright law and (ii) where the particular work to which the state law claim is being applied falls within the type of works protected by the Copy ...he copyright rule of preemption that allows an individual to bring a state law misappropriation claim for “hot news.” National Basketball Ass’n v. Motorol ...

==Break down of the law== ...law requires a record to be in writing, an electronic record satisfies the law.'' ...

...M.J. 57 (CAAF 2006) (finding REOP in emails defendant sent from her office computer and in emails stored on government server); Quon v. Arch Wireless, 445 F. S ...ndercover federal agents looked over his shoulder, when he did not own the computer he used, and when he knew that the system administrator could monitor his a ...

...substance from public international law, conflict of laws, constitutional law and the powers of the Executive (government) and Legislature branches of go ...sdictional basis to avoid constitutional challenge. The subsections of the Computer Fraud and Abuse Act reflect different jurisdictional bases.[[FN20]] ...

...f patent or copyright law may be protectable as a trade secret under state law. ...iring employees to sign confidentiality agreements, MAI Sys. Corp. v. Peak Computer, 991 F.2d 511, 521 (9th Cir. 1993), and keeping secret documents under lock ...

==Computer Fraud and Abuse Act== ...hes anyone who not just commits or attempts to commit an offense under the Computer Fraud and Abuse Act but also those who conspire to do so.<br> ...

...or intermeddling with a chattel in the possession of another.” The common law form of trespass requires actual harm with intent to harm and physical cont ...thout authorization interfered with plaintiff's possessory interest in the computer system; and (2) defendant's unauthorized use proximately resulted in damage ...

:'''(1)''' having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such :'''(2)''' intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--<b ...

...that collects, uses or discloses personal information. To comply with the law businesses must, inter alia: disclose the purpose of the data collection an ...ility for educating and assisting organizations in relation to the privacy law. The legislation establishes the National Privacy Principles (the “NPPs”) a ...

...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. ...

...he Secretary of Commerce of standards and guidelines pertaining to Federal computer systems; (5) designate executive agents for information technology acquisit ...ive such standards when compliance would adversely affect the mission of a computer operator or cause a major adverse financial impact on such operator which i ...

...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; ...

#[[5 Ways to Make Your Law Office More Profitable | 5 Ways to Make Your Law Office More Profitable]] ...ment in Law Firms | Avoid the Run-Around: Smarter Facilities Management in Law Firms]] ...

...tors must consider two issues when asking whether a government search of a computer requires a warrant. First, does the search violate a reasonable expectation ...om using search warrants to obtain computers or electronic media. A sample computer search warrant appears in Appendix F. ...

===Computer Fraud and Abuse Act=== ...munication.” 18 U.S.C. § 1030(a)(2)(C), (g). The CFAA targets attacks on computer systems that cause damage or destruction to electronic data. See ''Int'l Ai ...

...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 ...

...ing, National Security and the “Adverse Inference” Problem, 22 SANTA CLARA COMPUTER & HIGH TECH. L.J. 757, 764-766 (2006); Susan Freiwald, Uncertain Privacy: C ===Computer Fraud and Abuse Act=== ...

...in connection therewith, subpart A, of this part or any provision of state law that supersedes any provision of subpart B, and in connection therewith, su (2) Examples. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors, except that an error of l ...

...in connection therewith, subpart A, of this part or any provision of state law that supersedes any provision of subpart B, and in connection therewith, su (2) Examples. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors, except that an error of l ...

...t filed against defendant for allegedly using banner ads that impersonated computer error messages that tricked users into visiting defendant’s website). ===Federal Law=== ...

...group's interest is to keep the information private. One of the goals of [[computer security]] is [[confidentiality]]. [[Identity theft]], for example, is a se ...other information categories that often receive special treatment in state law.<br> ...

...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 ...

==Law in Canada== * The organization is instructed to refrain from doing so by a law enforcement agency that is investigating the theft, loss or unauthorized ac ...

...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 ...g identity and legitimacy online, and the simplicity with which [[cracker (computer security)|cracker]]s can divert browsers to dishonest sites and steal credi ...

...action claims under the Wiretap Act, the Stored Communications Act and the Computer Fraud and Abuse Act. Pharmatrak sold a service to pharmaceutical companies ...g or disclosing information gained from unauthorized access to a protected computer in violation of the CFAA. Defendant did not immediately surrender his lapto ...

...ated Virginia Computer Crimes Act's prohibition against use of computer or computer network without authority and with the intent to convert the property of an ...al jurisdiction over company and president. West's Ann.Md.Code, Commercial Law, § 14-3001. MaryCLE, LLC v. First Choice Internet, Inc., 166 Md. App. 481, ...

...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 ...

...rs shall abide by and comply with any and all copyright laws pertaining to computer software and by any software license agreements that are legally applicable ...ftware installation or use on Company Electronic Communications Systems to law enforcement officials or other third parties without any prior notice to th ...

...cing Warner & Co. v. Eli Lilly & Co., 265 U.S. 526 (1924) (applying common law concept of contributory infringement). ...ena, 839 F. Supp. 1552 (M.D. Fla. 1993). Defendant operated a subscription computer bulletin board service that distributed unauthorized copies of copyrighted ...

...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). ...

...d States District Court or Court of Appeals judge, a wiretap order permits law enforcement to intercept communications for up to thirty days. 18 U.S.C. §§ ...cations if it is configured such that keystrokes are not recorded when the computer's modem is in use). ...

...music, paintings and sculptures, films and technology-based works such as computer programs and electronic databases. In most European languages other than En ...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 of federal trademark law and would “create a species of mutant copyright law that limits the public’s federal right to copy and use." Id. at 2048 (inter ...d at providing travel and lodging arrangements for travelers to the Comdex computer convention run by Key3Media, infringed Key3Media’s registered trademark COM ...

...okseller providing forum for others to submit book reviews is “interactive computer service” provider (“ICS provider”)); # Marczeski v. Law, 122 F.Supp.2d 315, 327 (D. Conn. 2000) (individual who created private “ch ...

==Computer Fraud and Abuse Act== ...es of malicious interferences with computer systems and to address federal computer offenses, an amendment in 1994 allows civil actions to brought under the st ...

===Pre-Anti-Cybersquatting Consumer Protection Act case law=== ...ng others' trademarks; and defendant had been using the domain name in its computer business since 1994. ...

...Discoveries.” In order to foster development of creative works, copyright law provides a limited grant of exclusive rights. This Copyright law protects only creative works, not facts. See, e.g., Feist Publ’ns, Inc. v. ...

...Gates Rubber Co. v. Bando Chem. Indus., 9 F.3d 823, 832 (10th Cir. 1993); Computer Assoc. Int’l, Inc. v. Altai, Inc., 982 F.2d 693, 701 (2d Cir. 1992) (requir ...d in Canada constituted an act of direct infringement under U.S. copyright law. The court concluded that the potential infringement at issue did not occur ...

...he devastating effects that Zeus (or other software like Zeus) can do to a computer and the user. For example, the article stated that programs like Zeus can ...mbers etc. into IT equipment located in public places ([[Shoulder surfing (computer security)|shoulder surfing]]) ...

...are revealed. However, the case was mooted on appeal by changes to the NSL law. A 2007 case under the revised law, Doe v. Gonzales, 500 F. Supp. 2d 379 (S.D.N.Y. 2007), held: ...

...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 In the past, carders used computer programs called "generators" to produce a sequence of credit card numbers, ...

...App. 3d 71, 76 (1989) (statute runs from date of “publication”). At common law, a statement is “published” each time the statement is distributed or utter ...t make a pre-litigation demand for correction. Here, the court held that a computer bulletin board was not a periodical and therefore the retraction statute di ...

...urt, including hearsay and the foundation to establish the authenticity of computer records. Many courts have categorically determined that computer records are admissible under Federal Rule of Evidence 803(6), the hearsay e ...

...rime cases, agents may want to monitor a hacker as he breaks into a victim computer system or set up a "cloned" email account to monitor a suspect sending or r ...ents (much like a letter inside an envelope). The Pen/Trap statute permits law enforcement to obtain the addressing information of Internet communications ...

...s or services. This case was distinguished in Nissan Motor Corp. v. Nissan Computer Corp., 2002 U.S. Dist. LEXIS 6365 (C.D. Cal. 2002) on other grounds. See su ...No. 1:01 CV 3359 TWT (N.D. Ga. Mar. 31, 2003). Federal trademark dilution law does not provide a cause of action for a tarnishment claim arising from the ...

# It must be prepared by an applicant identified as a law enforcement or investigative officer. The application must be in writing, s ...display paging devices or fax machines, but also includes electronic mail, computer transmissions, and, in some cases, satellite transmissions. It does not inc ...

...statute when, on occasion, it would stifle the very creativity which that law is designed to foster.” Campbell, 510 U.S. at 577 (internal quotation marks ...he already owned the CD by placing his copy of the commercial CD into his computer’s CD-ROM drive for several seconds or by purchasing the CD from one of defe ...

;Absolute non-discrimination: Columbia Law School professor Tim Wu: "Network neutrality is best defined as a network d ;First come first served: According to Imprint Magazine, Cardozo Law School professor Susan P. Crawford "believes that a neutral Internet must f ...

...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 # Computer Xpress v. Jackson, 93 Cal. App. 4th 993 (2001). The court ruled that critic ...

...overy solutions. A function may also be considered critical if dictated by law. * Hacker (computer security)|Cyber attack ...

...nforceable where the EULA was “prominently displayed on the program user’s computer screen before the software could be installed,” and the user was required t ...rnet Gateway, Inc., 334 F. Supp. 2d 1164 (E.D. Mo. 2004). The court held a computer game's click-wrap EULA and TOU were enforceable and not unconscionable. The ...

...") 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> ...

...om using search warrants to obtain computers or electronic media. A sample computer search warrant appears in Appendix F. ...strategy should be chosen after considering the many possible roles of the computer in the offense: ...

...tors must consider two issues when asking whether a government search of a computer requires a warrant. First, does the search violate a reasonable expectation ...ohibits law enforcement from accessing and viewing information stored in a computer if it would be prohibited from opening a closed container and examining its ...

...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 * '''''Technical Safeguards''''' – controlling access to computer systems and enabling covered entities to protect communications containing ...