Are We Able to Completely Stop Software Piracy?

July 31st, 2009

Software piracy is the illegal reproduction and distribution of software applications, whether for business or personal use.

While you may know that copying and/or distributing copyrighted software illegally is considered piracy, you may not be aware that even possession of software that has been illegally copied is piracy. There are actually many distinct types of software piracy, and familiarity with them can protect you from any connection, even if unintentional, to intellectual property theft.

Types of Software Piracy

End-User piracy: When users copy software without appropriate licensing for each copy. This includes both casual copying and distribution between individuals, and companies who do not strictly monitor the number of software licenses they install and do not acquire enough licenses to cover their software installations. It also consists of unlicensed PCs caused by customers who have the misperception that their Volume License covers the full Windows desktop operating system, which it does not; Volume Licensing provides only for Windows desktop upgrades.

Pre-installed Software: When a computer manufacturer takes one copy of software and illegally installs it on more than one computer. Consumers should be on the lookout for proper license documentation when purchasing a new PC, to ensure they’re getting what they paid for.

Internet Piracy: When unauthorized copies are downloaded over the Internet. If downloads are made available on the Internet, make sure that the publisher has authorized this distribution.

Counterfeiting: When illegal copies of software are made and distributed in packaging that reproduces the manufacturer’s packaging. Counterfeit registration cards with unauthorized serial numbers are often included in these packages.

Online Auction Piracy: takes several forms, such as:

Software resold in violation of the original terms of sale, NFR (Not for Resale), or OEM software that is never authorized for resale by a third party.

Online distributors offering special deals with the software publisher, liquidated inventories, or acquisition through bankruptcy sales. These types of phrases are used to fool consumers into believing that they are getting genuine product that wouldn’t otherwise be discounted.

Don’t be fooled

If the price of the software is too good to be true, the chances are it’s illegal or unlicensed. In addition, pirated software packaging can look very similar to the genuine product. In order to be certain about the authenticity of your products, buy from familiar, reputable resellers.

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Public Records Questions and Answers | ArticlesBase.com

July 30th, 2009

Are articles of incorporation public history and how can i grasp a copy for a company?
i want to find out where a publicly traded company, idwd, is incorporated and how to recieve a copy of articles of incorporation.thanks Yes you are able to get this information. First you must figure out which state this company…

Looking for public access annals for indiana?
A friend of mine has a boyfriend that is REALLY wierd kind of creepy at times. I inevitability a public access site for regular or any kind offender look up for Indiana. Any help would be great! wut…

the request for information i asked roughly speaking public store, i can access the from other states why not tn.?
i have accessed records on ancestors in other states and not had any problems but the ones in TN i cant. Not existing sure what you are looking for but try searchsystems. It has pretty good links to all…

What current public history would display a person’s current location/address/place of residence.?
There’s a deadbeat mom out there I am trying to locate! Why don’t you try www.zabasearch.com. Put in as much information as you have on her and she will pop up.

A roomy public corporation customarily uses registrars & verbs agents to allege files of the stockholders?
True or False.A large public corporation normally uses registrars and transfer agents to argue records of the stockholders. True. Check out the website of almost any public company, and it will list the transfer agent

is church’s federal tariff exempt ego public narrative?
A church does not have a federal “exempt” ID. A church does not have to apply to the IRS for have 501(c)(3) status. Some churches do apply to bring that status from the IRS, but it is not necessary.http://spofga.org/ten_commandments/2006/feb/church_info.phphttp://hushmoney.org/501c3-facts.htmA church…

Are lawsuits public history?
Can I find out if someone has a pending lawsuit, legally? Like is the document record at the county or something so I could look it up? Thanks. Yes. If your county has a web site, look to see…

Would it be appropriate policy to net public the HR chronicles of individuals we work near?
If salaries are made public, shouldn’t other parts of the HR file be public since they affect salaries?Performance evaluations, total set off taken, overtime worked, education, training, etc.Inspired by the question: Would it be good policy to sort public the salaries…

Has Cindy McCain released her import tax files to the public that her spouse is applying to work for?
This would not matter if her spouses finances were not a part of her finances and vice versa.Has she released them? If not, what are the McCains hiding?G-man (below) Does this have it in mind that they never purchased a single…

Does anyone know how to find detailed information on associates through public store online?
I want to find a long lost family member and i dont want to have to foot to do so. But why do you have to pay for them? there public documentation aren’t they? There are different levels of “public”…

I requirement public court documentation within Bay County FL?
Contact the Hall or records in Bay county FL by phone and just ask them for what you involve..Naturally you have to pay for it. But they can mail or fax it fund to you.

Are marital documentation surrounded by Australia public?
Is there ANY way to see someone marriage license online if they get married in Australia, and to get a copy of the photo. I would give anything to see who he married…thank you Yes they are public surrounded by…

Public archives - where on earth can I find info in the order of forgotten money to be exact due to me?
My Mother received a post card from an accountant who says she specializes in identifying & recovering nearly forfeited funds. Of course she doesn’t know where on earth this money is at but wants to know where she can look to…

Can you truly receive public paperwork FREE online? adjectives claim to be free but ALL of them charge for the info.?
Sounds like you did your homework and found the good old bait a switch to be the norm.

How do i get hold of access to Illinois public court documents?
I AM LOOKING FOR MY MOMS BIRTH MOM, I AM HOPING TO GET THEM IN TOUCH, THEY HAVENT SEEN EACH OTHER IN 48 YRS. MY MOMS BIRTHDAY IS COMING AND I AM JUST TRYING TO FIND HER. ALL I KNOW IS…

Does drunk within a public place charge = Criminal story?
In Ontario Canada, if someone was detained for 4 hours by police and fined $200.00 for being drunk in a public place, Do you answer yes or no on an imigration canada document asking if you own ever been…

where on earth do you find public bridal store?
My roomate just got engaged to her Bf who is within the airforce. He is stationed at lackland airforce base in texas. She just get back from her trip visiting him and is leaving again 5 days subsequently. She told…

Does the public enjoy access to divorce store contained by California?
Are there websites where this information can be found for free? Anyone?I need information on how and where on earth to obtain these records. Most of the local newspapers hold records of divorces. You can go to the library and…

How to use public history?
There is a farm house that my family used to live in and we basically loved the house,yet we had to move due to issues. It was torn down shortly after we moved out. I am freshly curious about the house…

I want to know if my boyfriend is really divorced. Does the public hold access to divorce chronicles within Calif?
I don’t know the exact date of his divorce. Where do I go to obtain information of his divorce record? Are near any free websites that I can use? Does anyone know the process?Thanx yes. type in the county you…

Hi I REALLY want to find out what happen to my grandmother who can assist me to find public files on files
Hello, I really want to know what happened to my Grandmother.ID ASK MY DAD BUT HE IS AN ASS.HER NAME IS PHYLLIS CLARK MARRIED name PHYLLIS DOWNES. born in victoria. apparantly she be institutionlised in a Mental Home? so i was…

How do I find free public annals?
So I can find out more about my dad. there is only going to be fixed public data available - most information about individuals isn;t published in journalists or posted online just anywhere - are you talking about kinfolk tree…

Is in attendance a freee public store site for criminal collection for?
the united kindom..? No all personal criminal records contained by the UK are kept private to protect a serving prisoners, families identities.

Where can i find public collection? what should i do?
My boyfriend was on his way to see me yesterday. and i got silly at him because it took him over 3 hours to be on his way and he lied to me about something so i got silly at him…

I get caught urinating contained by public (in the uk) will I own a criminal transcription and how will I be punished?
also, I’m 17 You will receive a lb40 fine and yes it will be on your record.

Do reporters enjoy to post public history?
The newspaper here recently was quoted to right to be heard we have to post public records theres nothing we can do going on for it. it feels like bs I stupidly commited a first offense misdemener (retail theft) and if…

Are police history available to be view by the public?
Is it possible to view the police records of a crime that took place a while ago? If you were not involved surrounded by the incident? How far back are records able to be reviewed. I am not sure how…

Are police annals available to be view by the public?
Is it possible to view the police records of a crime that took place a while ago? If you were not involved surrounded by the incident? How far back are records able to be reviewed. For free, check out http://www.crimcheck.com…

Got a ticket for “Drunk contained by public” does this affect points on my driving transcription?
No, driving record is only affected by driving related offenses. 9 years ruling enforcement

Is an arrest copy public scholarship?
My sister got arrested and her name is on this local newspaper site showing her street address and what she did. can anything be done to remove it online? There is no protection for population who are arrested even if…

Can I draw from something removed to be precise a situation of public narrative surrounded by California?
That depends on what it is, and if it is accurate.If the information is incorrect, there are ways to get it removed.

Public files? for free?
The question is, Does anyone know of an actual “free” public records website. Because I am trying to find out about a divorce, and every site I own seen it’s like: this amount for two years or blah blah blah….

More Public Records Questions Please visit : RunAsk.com

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Best Employment Background Check | ArticlesBase.com

July 29th, 2009

Searching for a job? Then, opportunities are, you will be hired soon. Many people are unaware of a background check done on the applicant by the workers before they take them in. There are also a few people who have heard of the above but do not what it is all about. If you are one of either type then you should know many more of the facts.

Being prepared for a background check prior to getting employed can assure you of the work that you desire. Also, neither you nor your possible employer will get a surprise from the pre employment check done on your background information. Prepare yourself for such a check by following the below mentioned points.

Credit report is an important area to have you informed before the pre-employment research. The credit card companies give a different sort of report to the potential employer. It is named an employment report. It usually has a history of your payment and your credit habits. This helps the company draw conclusions regarding the potential employee. But the report does not name your date of birth and also your credit score. It will not have an impact on the score as it is not taken as an inquiry into your credit data. Before the employer gets a copy, make sure you acquire one before the background search. This will help you know whether there are any disagreements or an identity thievery and thus notify the agency before hand and must be in a position to discuss it with the company.

Yet one more search you should make is that of your court criminal records before the showing by the employer. If there is a record of your being caught in the past or having had court lawsuits, ensure that the entries are correct. Time to time, these records are updated incorrectly. Originally, if the point against you was of criminal base, but subsequently brought down to a misdemeanor, or from a misdemeanor to violation, make sure that it has been updated consequently. If the employer thinks you have a case unended in court against you while conducting the pre-employment background search, you might not get the business.

Entries on driving, mainly for the jobs which are basically based on driving, are absolutely important when the applicant is undergoing a screen test for pre-employment. Do catch hold of a copy of your driving record from the DMV so as to make sure that there are no pending cases that you are not aware of or have missed your mind. A few interviewers ask you whether you have had a traffic violation. Response carefully, keeping in mind that even minor violations, as the employer might not employ you if you response in negation and they have proof if otherwise.

Eventually, view your profiles on social networking websites. Some employers check your profiles in these sites such as Myspace, MessengerFinder, Bebo etc. Make sure that there is no offensive content in your profile which might cause a unwanted impression.

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Law Firm Wins the Right Verdict in Online Marketing

July 28th, 2009

The Web Success Team has just launched Krupnick and Chapman Law, a direct response website with an fresh new approach to the legal profession. The firm specializes exclusively in personal injury accidents involving automobiles, motorcycles and pedestrians. One of the principles, Neil Krupnick, told us his needs were three-fold:

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Is the Congolese Government Manipulating the ICC for political Motives? | ArticlesBase.com

July 27th, 2009

The failure in the arrest of Bosco Ntaganda to date highlights the lack of seriousness in strengthening arrest warrants issued by the ICC. If the ICC finds that the case of Ntaganda reached an impasse in cooperation with the Congolese State, it should refer the case to the UN Security Council  to find solutions, in accordance with Article 87, paragraph 7 Treaty of Rome

Mrs. McCain is asking for American leadership. Such leadership is critical. However, her piece does not ask for American leadership in helping to find an end to the conflict. In fact, it seems to pass such efforts off to others. The World Food Program does incredible work, and must be supported. However, Mrs. McCain’s call to address the humanitarian situation in eastern Congo without addressing the presence of war in the region is worrisome. America’s support to civilians in eastern Congo must go beyond food aid; it must include protecting civilians from indiscriminate killings, and women and girls from sexual violence. It must work to end impunity and to address the root causes of decades of violence. Mrs. McCain’s piece draws crucial attention to the situation in eastern Congo, but those who are pushed to action by her words must work toward stopping the violence as well as stopping starvation.
 
 
Is the Congolese Government Manipulating the ICC for political Motives?

After the establishment of the ICC in 2002, many people had the hope that the ICC will inaugurate a new period of international responsibility for serious violations of human rights, ensuring that perpetrators are brought to justice. It is for the same reason that some founders of the ICC anticipated that by ending impunity the ICC will deter future attrocités. This promise created hope for many people, including our organization, The Mobilization for Justice and Peace in the Congo which struggles to promote justice and peace in the DRC, fighting impunity rigorously.
 
With a sense of disappointment to the Congolese people, the Congolese government has preferred to integrate Bosco Ntaganda into the Congolese Armed Forces instead of arresting him on the pretext of preserving national security and the process of national peace. In the words of the Congolese Minister of Justice, January-Emmanuel Luzolo: “In the legal practice of a State, there are times when the demands of peace outweigh the traditional needs of justice.” Of course, it is clear that the Congolese government has decided to play politics, to stifle justice and prevent the development of democracy and the rule of law.

This decision is not in the interest of the Congolese people. The Congolese Government borrowed the premise once used by the criticism of the arrest of Thomas Lubanga which the Congolese Government itself had rejected. The assumption that the arrest and extradition of  Thomas Lubanga to the ICC would create more conflicts and hamper the peace process and national reconciliation. The evidence speaks for itself, the case of Thomas Lubanga has become a classic example which proves that the arrest of Bosco Ntaganda will not affect the peace process as the Congolese Government has claimed. Moreover, the moment is more propitious for such a request that the time of the arrest of Thomas Lubanga, a time that was more confrontational and more dangerous. Nevertheless, the prediction of criticism has never materialized.
 
If the Congolese government continues to maintain this position, is it not time for the International Criminal Court or the UN Security Council, to take other precautions to allow justice to complete its course?  IS the ICC still working to arrest  Ntaganda or  is it using other provisions in its power to honor its decision?
  
It is important for the ICC to do everything to preserve its credibility

The Canadian non-governmental organization “The International Center for Human Rights and Democratic Development” once warned that if some states are able to use the ICC for their political motives, or if some people are beyond the scope of the ICC because of their position within a State, the Court will lose credibility, human rights will continue to be violated and democratic development will be stifled. (1)
 
It is unfortunate that today the case of the alleged war criminal and criminal against humanity, Bosco Ntaganda, becomes a case that this prediction of this organization of human rights takes place under the eyes of the world and highlights how the credibility of this noble ICC is now tested, and that itself has  to defend its credibility, its merits and its essence.

On 29 April 2008, the Trial Chamber of the ICC unsealed an arrest warrant against Mr. Bosco Ntaganda, former Deputy Chief of the General Staff of the Patriotic Forces for the Liberation of Congo ( FPLC) in Ituri, and the current Chief of Staff of the Congrès National pour la Défense du peuple (CNDP) armed group in North Kivu in the DRC. The arrest warrant listed three war crimes: 1) the recruitment of children under fifteen, 2) the conscription of children under fifteen years, and 3) the use of children under fifteen years to participate actively in hostilities. But also, the crimes committed in North Kivu are not yet registered and it is time that the Prosecutor of the Court brings to light the horrific acts perpetrated under his orders in Kiwanja, for example, where 150 civilians were massacred.

In fact, it appears that after the lifting of sealed arrest warrant against Bosco Ntaganda on April 29, 2008, the International Criminal Court as an institution which oversees combating  impunity, has done nothing as next step to give value to its arrest warrant and prove to the Congolese Government and to the indicted war criminal that its decision is not an act of an inconsistent judgment. Are there no mechanisms for recourse if they  have met the lack of cooperation from the Congolese State?
 
The involvement of the Security Council of the UN seems to be inevitable if the warrant issued against Ntaganda was to be executed.

It is quite inconceivable that the ICC has forgotten that in the event of deadlock in Article 17, paragraph 3 of the Negotiated Relationship Agreement between the ICC and the UN, may be referred by the Registrar of the ICC in order to involve the UN Security Council, through its intremise Secretary General, in seeking resolutions. Here is the Article 17 of this Agreement:
 
“When a matter has been referred by the Security Council, the Court finds, in accordance with Article 87, paragraph 5 (b) and paragraph 7 of the Statute, a State refuses to cooperate with it, it shall inform the Security Council or to refer the matter, as appropriate, and the Registrar shall notify the Security Council through the Secretary-General, the decision of the Court and the relevant information about the case. The Security Council, by ‘Under-Secretary-General, shall inform the Court, through its Registrar, any action it takes in this case “(2)
 
If the ICC finds that the case of  Ntaganda reached an impasse in cooperation with the Congolese State, it should refer the case to the Security Council of the United Nations to find solutions, in accordance with Article 87, paragraph 7 Treaty of Rome:

“If a State Party fails to comply with a request for cooperation contrary to the provisions of this Statute and prevents the exercise of the functions and powers under this Statute, the Court may make and referer to the Assembly of States Parties or the Security Council when the person who has entered. “(3)

The failure of MONUC to take action against an indicted war criminal is in contradiction with its mission in Congo because peace and justice go hand in hand.

The silence of the UN seems to imply its complicity in this life of impunity in the Congo! If this is not true, why the Security Council does not authorize the ICC to use the 17,000 MONUC troops to stop Ntaganda Bosco?

Above all, it should be noted that Article 8 of the Negotiated Relationship Agreement between the ICC and the United Nations provides that these two institutions should consult, cooperate and even exchange of staff and services. Article 8.2 (b) clearly states that the UN and the ICC agreed to cooperate in the temporary exchange of staff when appropriate, without the latter losing its rights to ancieneté or her pension rights . This means that it is legal and acceptable that the UN staff in Congo to work in strengthening the arrest warrant of the ICC.

The role of the United Nations as a guarantor of international security seems to turn into complacency for war criminals and violators of human rights in Congo.

It is sad to note that the UN Mission in Congo, the largest in the world, MONUC, which has among its staff: 16.601 soldiers, 737 Military Observers, 1093 policiens and 965 civilian specialists in human rights and humanitarian affairs without including its local staff and voluntary, with an annual budget of 1243 million U.S. dollars; remained infertile in deterring attrocités perpetrated on the civilian population and its inability to arrest  the alleged war criminal, Bosco Ntaganda. The role of the United Nations as a guarantor of international security seems to turn into complacency of criminals and violators of human rights.

On 30 January 2009, MONUC expressed openly during a press conference at the military joint DRC-Rwanda, it will  not participate in a military operation in which Bosco Ntaganda, an alleged war criminal and criminal against humanity, plays any role. (4). Disappointing today, the credible source alleged that MONUC participated in a joint operation (MONUC-FARDC) with Ndaganda as a co-coordinator, according to BBC. (5)
 
In Congo, as elsewhere, the ICC as an international instrument in the fight against impunity and to prevent atrocities could quickly lose its value if it does not take concrete steps to begin enforcing its own issued arrest warrants.
 
No doubt today, some people see the failure in the arrest of Bosco Ntaganda as a lack of political will of the UN Security Council, an outright complicity complacent and guilty of a refusal to play its impartial role in the defense of justice and the eradication of impunity, cause of affliction ravaging the lives and perpetuates human rights abuses in the Congo in particular and Africa in general. The International Criminal Court  is also being tested to prove its validity to the World, effectiveness, consistency and impartiality in the exercise of its prerogatives. The world is waiting patiently and carefully watching  the actions of these two institutions in ensuring  that justice is done in the Congo and that war criminals Bosco  Ntaganda and Laurent Nkundabatware and others are arrested and tranferréd to the Hague to answer for their heinous acts.

It is imperative for the first permanent international court to keep some impeccable impartiality to prevent or minimize the risk of getting trapped by the same perpetrators of human rights violations the Court has been established to hold responsible. Why Bosco Ntaganda, the notorious war criminal and a crime against humanity today remains free while his three colleagues, Mathieu Ngudjolo Chui, Germain Katanga and Thomas Lubanga are behind bars? His state of freedom, is it not a sign of lack of seriousness in strengthening the decisions of the Internatinal Criminal Court and the lack of commitment of the UN Security Council to supervise the decisions of its beloved instituti its vowed to create and vowed  to help achieve its mission? Is it an irony when the founding state, the Security Council of the United Nations, saying that the commitment made in Rome to end àl’impunité is not negotiable!. Is it an irony when these founding states and the UN Security Council say that the commitment taken in Rome to put an end to impunity is not negotiable! 
  
 

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Understanding Cyberstalking | ArticlesBase.com

July 26th, 2009

Cyberstalking is a fairly new term now commonly used to refer to the online version of stalking someone. It is an undesirable product brought about by the effectiveness of the Web into connecting people online. It is a particularly serious subject that still requires careful study and may pose a challenge to law enforcement authorities in terms of prevention and prosecution.

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7 Tips on How to Protect Yourself Against an eBay Thief and Other eBay Schemes

July 25th, 2009

1. Be aware of eBay “phishers”. They will send you emails hoping that you will take the bait. They are looking for type of personal or credit card information that they can use for their own personal use. The more spam emails they send, the better their chances are of getting what they want. It’s a numbers game.

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Legal Outsourcing Attorneys | ArticlesBase.com

July 24th, 2009

Many project ‘India’, as the ‘next big thing’ in the Legal Industry. India with its huge resources pool and highly qualified professionals is an excellent location for outsourcing legal services. LPO services, which stand for ‘legal process outsourcing’ in India is taking the industry buy storm. The most obvious advantages to practicing outsourcing of legal activities in India are the availability of highly professionals’ lawyers and attorneys in India, willing to work as a minuscule cost compared to any lawyer or attorney in the west. A huge interest has been generated in the legal world to practice LPO in India.

India has been attracting lot of attention in the legal industry. Types of outsourcing like Litigation Support, Contract Management, and Intellectual Property Outsourcing along with Paralegal support, is practiced in India. You can bring your legal costs as down as 50% by outsourcing to India.

With money getting increasingly difficult to earn keep and manage hiring legal outsourcing attorneys seems practical. The attorneys help you in finding the best professionals at the lowest cost as possible. What does this translate into? Profit for your company and recognition for your outsourcing skills and abilities. LPO is a huge market all over the world and India is keen to cash in the opportunity. The government too is lending to the industry making the deal sweeter. A slew of Legal reforms are on cards. Moreover Indian Lawyers have obtained recognition as being on of the most qualified in the legal department.

Indian lawyers are among the most competent in the world and as more firms are realizing this, they are outsourcing to India. Legal business is in its prime in India, and this is the time and opportunity that many investors are keen to cash in. So come to India for your legal needs. You won’t regret it!

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Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files | ArticlesBase.com

July 23rd, 2009

The federal Eastern District Court of Missouri recently issued a ruling that could broaden the remedies available to Hawaii employers for damage caused to computers by departing employees.

Specifically, in Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing, & Consulting, the Court interpreted the Computer Fraud and Abuse Act (“CFAA”) to permit a federal remedy for employers whose former employees delete and/or steal company information from laptop computers.

In that case, two managers left the plaintiff company and, according to the plaintiff, failed to return their laptop computers when requested and copied or downloaded confidential and trade secret information.  The files on the computer containing such information were then deleted prior to the laptop computers being returned.  The plaintiff filed a complaint alleging several causes of action, including a claim under CFAA.

The Court rejected the defendants’ argument in a motion to dismiss that the plaintiff was prohibited from asserting a claim under CFAA.  The CFAA permits a cause of action for any person who suffers damage or loss by a violation of the act, so long as the damage sustained during a one-year period totals at least $5,000 in value.  

The CFAA defines damage as “any impairment to the integrity or availability of data, a program, a system or information.”  The CFAA defines loss as “any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.” 

The Court found that the plaintiff sufficiently alleged facts to satisfy both the “damage” and “loss” test.  The Court found that the company sufficiently pled loss with its allegations that defendants deleted information, requiring forensic analysis and other remedial measures to retrieve and analyze defendants’ computers and restore the data.  The Court’s ruling did not require, as other case law on the issue suggested, that the subject information must be destroyed on the employer’s network computer as opposed to a laptop computer.

The Court’s interpretation of CFAA is more in line with Hawaii criminal statutory law addressing criminal computer-related activity.  For instance, HRS § 708-892 states that a person has committed the crime of “Computer Damage in the First Degree” where:

(a)   The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or

(b)   The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage.

Under the statute, the damage must:  “Result in a loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals.”  Also, computer damage in the first degree is a class B felony.

The Hawaii penal code explicitly permits the conviction of a person that causes damage to not only a computer network, but also a company-issued computer.  Generally, in most garden-variety cases where a former employee has been found to have deleted/destroyed computer files, the cost to engage a computer forensics professional to assess and restore or attempt to restore lost data will exceed $5,000 under the Hawaii criminal statute and CFAA.

Thus, a Hawaii employer could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either its network or company-owned computers.

 

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Cyber-Bullying Goes Federal & MySpace Fakery Could Be a Crime

July 22nd, 2009

In a highly unusual use of a federal law in which legal experts describe as “creative” and “aggressive,” a St. Louis, Missouri woman has been indicted in what may be the country’s first case of cyber-bullying. Federal prosecutors say Lori Drew, 49, and others created an account on the social networking site MySpace pretending to be a 16-year-old boy to fool her neighbor, 13-year-old Megan Meier.

According to prosecutors, Drew used the MySpace account to establish a relationship with Meier, acting for weeks to be a boy interested in forming a romantic relationship her. A short time later, Drew suddenly ended the relationship, taunting Meier and telling her the world would be better off without her. Consequently, a distraught Meier committed suicide by hanging herself.

Drew is Arrested and Charged with a Crime

The federal indictment, which was delivered in Los Angeles after state prosecutors in Missouri declined to bring charges, is unprecedented, and legal commentators believe it may seriously stretch the federal statute on which it was based. The indictment charged that in violation of MySpace terms of service, “Drew and co-conspirators knowingly and agreed with each other to intentionally access a computer … to further a tortious act, namely, intentional infliction of emotion distress.” According to the prosecution, Drew violated MySpace’s terms by using a fictitious name, among other things, and thus had no authority to access the MySpace service.

“This adult woman allegedly used the Internet to target a young teenage girl, with horrendous ramifications,” said United States Attorney Thomas O’Brien. “Any adult who uses the Internet or a social-gathering website to harass or bully another person, particularly a young girl, must realize their actions can have serious consequences.”

The Unprecedented Charges may Create a New Realm of Cases

The case presents a new wrinkle in the interpretation of federal law. Legal experts warned that such an interpretation could criminalize routine behavior on the internet. After all, people regularly create accounts or post information under aliases for many legitimate reasons, including avoiding spam and a desire to maintain their privacy online.

This new interpretation also gives a business contract the force of a law: violations of a web site’s terms of service could now lead to criminal sanctions, instead of just civil lawsuits or ejection from a site.

“I think the danger of applying a statute in this way is that it could have unintended consequences,” said John Palfrey, a Harvard law professor. “An application of a general statute like this might result in chilling a great deal of online speech and other freedom.” Drew is scheduled to be arraigned in St. Louis but the trial will be held in Los Angeles were MySpace is headquartered. If convicted of the charges, Drew faces up to 20 years in prison.

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