Cybercrime

Barts et al vs. anthropic PBC

AI training was not illegal, but pirating of copyrighted books is

Harper & Row vs. nation enterprises

publishing stolen, unpublished copyrighted work is not fair use

campbell vs. acuff- rose music

commerical parody can count as fair use

fourth estate public benefit corp vs. wallstreet.com

copyright owner may not file for infringement until copyright offically registers

cox communication vs. sony music

ISP are not automatically liable for users illegally downloading music

Warner chappell music vs. nealy

copyright owners can recover monetary damaged for infringement that occured more than three years before lawsuit

Daubert vs. Merrell dow pharmecuticals

judges act as gatekeepers to ensure scientific expert is both reliable and relevant

US. vs. DOE

cannot avoid producing documents by claiming fifth amedment (bc it does not apply to egally required documents)

people vs. sneed

police can compel a suspect to unlock their smartphone w code if they have wrrant

DC applelate court case : brown

FBI violated citizen right by forcing him to open phone in custody without evidence

US vs. SCARFO

standard search warrant, keylogger legal

Traditional CD network

1. centralized servers

2. vulnerable to ddos and single failures

3. limited visibility

4. cost based on useage

5. single point of failure - total outages

6. simple set up/ integratioin

blockchain base cd network

1. decentralized p2p network

2. stronger security via p2p and cryptograpy

3. transparency

4. fewer middle managment potlentially lower to resource sharing

5. overall ystem reslient to p2p node fialures

6. complex set up

5th amendment

right to avoid self incrimination

4th amendment

no unreasonable searches and seizures, must have warrant

supervisory control data azquistion system

manage critical infrastructure, connected to internet, prone to hack

denial service attacks

cause damage by limiting access to resources

forgone conclusion doctrine

if state has evidence it is not against 5th amendment right

federal law prohibits…

state courts from prosecuting copyright infringement

what branch investigates the most cases for piracy

FBIT

US vs. alkabaz

Sexualy explicit violent stories are not a threat if there is no intent

cyber bullying must fall under these categories

1. causes fear or harm

2. affect emntal/physcial health

3. interferes w academics

4. interferes w ability to participate

name 3 of 5 evidentary issues judges consider

1. authenticity

2. relevance

3. hearsay

4. best evidence

5. potential prejudice

subgroup: hacktivists

promote cause, expose wrongdoing, usually in protest

subgroup: cyber terrorists

destruction motivated, want to cause fear,

forgone conclusion doctrine

if feds have evidence it isnt against 5th amendment right to compell you to open it

which laws guide judges’ decisions about whether to allow specific electronic evidence to be admitted into a trial.

federal rule of evidence

contributory liability

provider intended for their server to be used for infrignement

piracy

unauthorized use, distribution, or reselling of copyrighted materal

intelecctual property theft

unathorized use, selling, or distributin of government protected ideas