 Wysłany: Czw 3:04, 22 Sie 2013 Temat postu: Computer Fraud Opinion is Classic Kozinski Legal P |
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"Minds have wandered since the beginning of time and the computer gives employees new ways to procrastinate,Parajumpers Jackets, by gchatting with friends, playing games,jordans shoes, shopping or watching sports highlights. Such activities are routinely prohibited by many computer-use policies,duvetica shop, although employees are seldom disciplined for occasional use of work computers for personal purposes. Nevertheless, under the broad interpretation of the CFAA,cheap Soccer Shoes sale, such minor dalliances would become federal crimes. "Ubiquitous,duvetica italia outlet, seldom-prosecuted crimes invite arbitrary and discriminatory enforcement," he says. "Suppose an employee spends six hours tending his FarmVille stable on his work computer,Discount 2013 Nike Soccer Shoes online sale," he explains in a footnote. "The employee has full access to his computer and the Internet, 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,giuseppe zanotti boots, 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, an aggressive prosecutor might claim that he's defrauding the company,cheap Soccer Shoes, and thereby violating section 1030(a)(4)." The judge also takes us back to the infamous MySpace bullying case. "The government assures us that, whatever the scope of the CFAA,Cheap Soccer Cleats, 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,discount soccer shoes sale, 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,Buy soccer shoes, which prohibited lying about identifying information,discount nike soccer shoes, including age. Lying on social media websites is common: People shave years off their age,http://jordansshoesforsale.blogspot.com/, 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, 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,cheap nike soccer cleats, the circuit controlling case written by none other than Judge Sandra Ikuta. 相关的主题文章： http://bbs.examda.com/ http://www.028club.com/forum.php?mod=viewthread&tid=454474 http://home.leshantv.net/space.php?uid=877640&do=blog&id=1792429 http://bbs.36ji.iyouqu.com/ http://www.gzqsx.cn/bbs/viewthread.php?tid=281409&extra= http://www.mycharitypage.com/user_blog_comments.php?blogentry_id=1017544 http://bcaweb.bai.ne.jp/betu/cgi-bin/aska.cgi http://www.matsue-yado.com/otoku/clip.cgi http://www.feedblitz.com/f/f.fbz?AddNewUserDirect http://bbs.pvpw.com/thread-171783-1-1.html |
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