CC 301 Class Notes.docx - CC 301 1/15 How to write a case...

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CC 301 1/15 How to write a case brief Four essential elements 1. Facts – name of case and parties, what happened factually and procedurally and the judgement 2. Issues – what is the dispute 3. Holding – applied rule of law 4. Rationale – reasons for the holding Rule – what rule is spoken about in case? - court must announce specific controlling principle of law that applies to the issue in the case Abstract – general legal principle that will be applied to all future cases involving this issue, using this case as precedent, it is important to understand what factual circumstances the rule applies Application – how does rule of law apply Majority opinion reasoning – paraphrased paragraph of how laws and policies are applied in this case Issue Holding Majority opinion Rules Application Concurring opinion Dissenting opinion Cannot compel someone to unlock phone with thumb print or facial recognition
CC 301 CFAA Came out in 1984, at this time research, financial institutes and government/military only to have computers 1991 – WWW launched Before this, Law Enforcement depended on mail and wire fraud statutes to fight computer crimes, relied on interstate commerce to combat these crimes - launched to protect government computers, only protected against harm against computers from unauthorized access but offered no remedy *loop hole – authorized person causes damage, unauthorized person gives authorized person tools to cause damage - criminal offense to knowingly access a computer without authorization or have authorized access for unauthorized purposes - unauthorized use of a computer when such conduct modifies, destroys, discloses or prevents the authorized use of a computer operated on behave of U.S. government - it’s an offense to attempt to commit or be a party to conspiracy to commit such an offense - U.S. Secret Service has authority to investigate under this Act - Increase the penalty for subsequent offenses 1986 – expanded CFAA - Expanded statute scope by modifying existing crimes, adding new offenses, changing intent requirements and adding definitions - Removed accidental access or use of legitimately obtained information - Added key terms and expand definition of “federal interest computer” - Interstate in nature – automatically violates CFAA - Property theft by computer - Trafficking in accessing passwords - Not allowed to use illegally obtained information - Changed from “knowingly” to “intentionally” – knows wrongness of act - Remove criminal liability for exceeding authorized access to a federal computer in one’s own department or agency 1994 amendment - Compensation for damages, replace what was lost and nothing more - Injunction – equitable - Computer used in interstate in commerce, not only federal computer
CC 301 - Causes damage exceeding $1,000 - Misdemeanor to transmit reckless destructive software 1996 - NIIPA - Bridge confidentiality - unauthorized access to files resulting in transmission of classified government information , also prohibited extraction of info from financial institutions 1/22/2019

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