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== Details == ;Aspects of the search: * "Advanced technical crime" -- The deployment of the SS was a bit peculiar; but they were the only fed. agents trained in what they were looking for. ;Civil rights concerns * Part of the prosecution that was particularly troubling: at one point in the invest., it felt that they were keeping the prosecution going b/c they'd spent so much time bringing it along. There was no will from victims to keep it going, and not necc. any other desire, but the prosecutors for their own reason wanted conclusion. *: Suggestion: ''employ economists to remind people of sunk costs'' ;Three levels of problem * Occlusion of different agendas and sets of laws *: Compare pre-computer to post-computer laws for identical crimes. * Problems with prosecution as it happens today *: Motivations for initiating/closing cases * The nature of CFAA as it's been employed *: Failure of proportionality === Legal elements === There are 7 planks to [http://www.law.cornell.edu/uscode/text/18/1030 18 U.S.C. § 1030] # Knowingly accessing a computer without access or exceeding access, and obtaining security, foreign relations, atomic info #: rarely used, as it is substantively overlapped by other ares # Intentionally accessing a computer without access or exceeding access, and in so doing obtaining "information," financial records, or U.S. government info. #: the biggest and most frequently used for access-and-downloading type offenses # Accessing without authorization (not "exceeding") a US government owned or controlled computer # Equivalent to the statute on [http://www.law.cornell.edu/uscode/text/18/1343 wire fraud], but replacing "wire" with "computer" and tweaking the details #: Overlap with WFA, rather irrelevant in current environs # Computer damage #: three separate crimes ("damage" = impairment to integrity and availability of data; "loss" = reasonable cost of responding to offense, including costs of damage assessment) #:: knowingly cause transmission of program and intentionally cause damage #:: intentionally access a computer and as a result recklessly cause damage #:: intentionally access a computer and as a result cause damage and "loss" # Password Trafficking # Extortion through use of computer
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