 Posted: Mon 21:31, 12 Aug 2013 Post subject: Computer Fraud Opinion is Classic Kozinski Legal P |
|
| Computer Fraud Opinion is Classic Kozinski Legal Pad,shop isabel marant sneakers
"Minds have wandered since the beginning of time and the computer gives employees new ways to procrastinate,isabel marant outlet store, by gchatting with friends, playing games, shopping or watching sports highlights. Such activities are routinely prohibited by many computer-use policies, although employees are seldom disciplined for occasional use of work computers for personal purposes. Nevertheless,Isabel Marant Sneakers Sale, under the broad interpretation of the CFAA,giuseppe zanotti outlet, such minor dalliances would become federal crimes. "Ubiquitous,discount Soccer Shoes, seldom-prosecuted crimes invite arbitrary and discriminatory enforcement,giuseppe zanotti sneakers," he says. "Suppose an employee spends six hours tending his FarmVille stable on his work computer,discount soccer cleats," he explains in a footnote. "The employee has full access to his computer and the Internet,giuseppe zanotti sandals, but the company has a policy that work computers may be used only for business purposes. The employer should be able to fire the employee,Isabel Marant Sneakers, but that's quite different from having him arrested as a federal criminal. Given that the employee deprives his company of six hours of work a day,isabel marant sneakers sale, an aggressive prosecutor might claim that he's defrauding the company, and thereby violating section 1030(a)(4)." The judge also takes us back to the infamous MySpace bullying case. "The government assures us that,cheap giuseppe zanotti, whatever the scope of the CFAA, it won't prosecute minor violations. But we shouldn't have to live at the mercy of our local prosecutor. And it's not clear we can trust the government when a tempting target comes along. Take the case of the mom who posed as a 17-year-old boy and cyber-bullied her daughter's classmate,isabel marant sneakers, he said referring to the Lori Drew prosecution tossed by a district judge. "The Justice Department prosecuted her . for violating MySpace's terms of service,discount soccer cleats online, which prohibited lying about identifying information,Isabel Marant Shoes On Sale, including age. Lying on social media websites is common: People shave years off their age, add inches to their height and drop pounds from their weight. The difference between puffery and prosecution may depend on whether you happen to be someone an AUSA has reason to go after." The majority opinion points out that in the Internet Age,giuseppe zanotti pumps, we are all using websites without fully understanding their terms of use. Our access to those remote computers is governed by a series of private agreements and policies that most people are only dimly aware of and virtually no one reads or understands." And a little sidenote for appellate geeks. Kozinski opinion follows the trail "blazed" by LVRC Holdings LLC v. Brekka, the circuit controlling case written by none other than Judge Sandra Ikuta. 相关的主题文章： http://bbs.gdmmfdc.com/forum.php?mod=viewthread&tid=168813&extra= http://ejax.cc/bbs/viewthread.php?tid=138730&extra= http://bbs.suikong.com/forum.php?mod=viewthread&tid=158900 http://www.q8mool.com/vb/showthread.php/110150-Mulberry-2011-advertisements-both-spring-and-summer-spun1?p=328134#post328134 http://adjia.com/ http://www.chinaphyto.com/cpp/Review.asp?NewsID=635 http://86jujia.com/2013/forum.php?mod=viewthread&tid=204891 http://211.154.164.219:8082/home.php?h=76982&app=blog&id=976111&user_id=76982 http://www.di1wang.com.cp-24.webhostbox.net/luotimeinvxue.info1/forum.php?mod=viewthread&tid=151119&extra= http://train.khsoft.gr.jp/mt/archives/2013/03/3-4.html#comments |
|
