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Full-Text Articles in Law
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management?, Sean L. Harrington
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management?, Sean L. Harrington
Sean L Harrington
Explores contemporary "active defense" techniques in use by private organizations and the legal, regulatory, practical, and business risks associated with each.
Hey! You! Get Off Of My Cloud: Defining And Protecting The Metes And Bounds Of Privacy, Security, And Property In Cloud Computing, Timothy D. Martin
Hey! You! Get Off Of My Cloud: Defining And Protecting The Metes And Bounds Of Privacy, Security, And Property In Cloud Computing, Timothy D. Martin
Timothy D Martin
Cloud computing is a growing force in today’s interconnected technological world. It allows people and organizations to purchase computing power and resources on an as-needed, pay-as-you-go basis. Users can employ it to satisfy modest needs, such as simple word-processing tasks, or to create large-scale enterprise applications delivered on the web. But cloud computing raises questions of functionality, security, confidentiality, ethics, enforcement, and data ownership. The lack of a clear body of law defining and regulating law enforcement’s access to electronic data and ability to prosecute related crimes creates other risks and erodes confidence in cloud computing. This paper begins with …
The Federal Response To A Tragic Teen Suicide: The Stretching Of A Statute To Punish Cyber-Harassment, The Groundbreaking Trial, Implications For Everyone, And Suggestions For The Future., John M. Ivancie
John M Ivancie Jr.
This paper revolves around the novel use of the federal Computer Fraud and Abuse Act to prosecute a Missouri woman, who, with her high-school-aged daughter, and a teenage employee created a fake MySpace.com account to get information about, and harass the daughter’s teen-aged friend. This harassment eventually led to that young girls suicide. No local law was broken by the trio’s actions, and thus, there was nothing local law-enforcement authorities could do. Federal prosecutors in California did respond and charged the mother under the Computer Fraud and Abuse Act, a Federal anti-hacking statute. The way prosecutors used the statute is …
Rights Of Access And The Shape Of The Internet , Michael J. Madison
Rights Of Access And The Shape Of The Internet , Michael J. Madison
Michael J. Madison
This Article reviews recent developments in the law of "access" to "information," that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …