1) Decide what the District Court should conclude on each of the three claims against Toca, Computer Fraud and Abuse Act prohibits anyone from intentionally damaging a computer without authorization while, prohibits unauthorized users from causing damage recklessly, and from causing damage and loss negligently (Zetter, 2014). However, the defendant has access to the computer without authorization which in this case, Toca’s accusation to Becker is similar. Thus, in this act, intruders are held accountable for any damage they cause intentionally by trespassing on a computer, even if they did not intend to cause that damage. 2) The appellate court should affirm Phillips’ conviction. The appellate court should affirm based on grounds of online …show more content…
Myspace contract required registrants to provide accurate information concerning themselves when opening an account and to refrain from using information obtained from Myspace services to harass other people. The prosecution would turn out into a criminal matter. 5) Under what laws should this defendant be prosecuted and what penalties should he face? Cyber stalking laws normally classify cyber stalking as a misdemeanor offense. However, a main issue in any cyber stalking case has been proving identity since, most people do not use their real identities while communicating on the internet (Followill, 2015). In this case, the defendant is known which should help the prosecution pursue charges more speedily. Cyber stalking can result in penalties beyond jail time. Thus, if the harassment is proven to be damaging, it could result in a conviction that requires a defendant to register as a sex offender (Followill, 2015). Numerous employers and renters will not accept or hire someone who is registered as a sex
The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.
b. What did the Court decide with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415? In your answer, explain how the Court applied the relevant law cited the relevant facts and law cited in the judgment (include, for example, what rules applied).
Whether the circuit court erred in denying Loftin’s motion for judgment of acquittal for insufficient evidence. the evidence legally insufficient to support Appellant’s conviction?
5) Decide whether or not jurisdiction is proper based on purposeful availment in the forum state and whether the court of appeals should appeal or reverse the district’s court ruling.
Before delving into the main points, the definition of stalking must be outlined. According to Patricia Tjaden and Nancy Thoennes, in their study of the National Violence Against Women Survey, “Stalking generally refers to harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a per son 's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person 's property. These actions may or
26) Defendant attempted to have Plaintiff put on unpaid leave, but the OAH denied the request.
1. What must a party establish to prevail on a motion for summary judgment? (3 points)
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Sayer, the cybercrime which was committed was cyberstalking and identity theft. The first count, Sayer was charged with was cyberstalking, which is U.S. law § 2261A(2)(A) (Find Law). The law defines cyberstalking as the intent to harm, harass, or intimidate by using an electronic device. In this case, Shawn Sayer used several computers to harass his ex-girlfriend and intimidated her by having strangers come to her home asking for sex. Jane Doe claimed that she only told relatives of her name change and move, therefore Sayer used the internet to locate her new address to harass her. Secondly, Sayer stole his ex-girlfriend’s virtual identity. He created numerous fake profiles and online ads under the impression of being Jane
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
Q2 The second matter that you wanted me to comment on is one with regard to a judge of the District Court by the name of Judge Tardy.
No, cyberbullying is a very serious crime. A person who is a cyberbully can be sentanced to time in juvy or put under house arrest and restricted from contact to others through the internet.
victimization is most likely when individuals are placed in high risk situations, are in close proximity to motivated offenders, appear to be attractive targets to criminals, and lack a capable guardian (Cohen and Felson 1979; Lauritsen et al. 1992; Miethe and Meier 1994). Some researchers insist that cyberstalking is different from off line stalking because the offender can target and harass or exploit their victims in unique and many different ways without have to come in any form of psychical contact with their victim or target according to Bocij. Both offenses, however, produce
-The technical definition of computer crimes is an act performed by a knowledgeable computer user, sometimes referred to as a hacker that illegally browse or steals a company 's or individual 's private information, but in general terms, it is the unauthorized use of a computer for personal gain, as in the illegal transfer of funds or to alter the data or property of others (Computer Crime, 2016). There are four major categories of computer crimes, first we will discuss using the computer as a target. When using the computer as a target, they must do two things: intrusion meaning to gain access to the computer and deny the owner of the computer access to the service and data. Intrusion is when the individual alters the data. To use the computer as a target, the hacker must alter the password and/or login and by doing this he is denying the owner access to the data. If a hacker makes a copy of data they are denying the owner rights to privacy of his or her data. The hacker will use that information to intrude upon another computer. One popular method that can be used to deny service is to