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Line 241: − − − ::::Well, I've gone through the whole of section (a) of 18 § 1030 and this is what I've discovered: − − ::::'''''Subsection (1):''' having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations,…''— obviously doesn't apply in this case as wiki's shouldn't contain information that breaches this part of subsection (1) (and if they did the wiki itself would be in violation of this part of subsection (1)) − − ::::'''''Subsection (1) cont.:'''…or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;''— Again this part of the subsection obviously doesn't apply to the vandalism of wikis, unless the purpose of the "vandalism" was in fact to transmit information that could be used to the injury of the United States or the advantage of any foreign nation. − − ::::'''''Subsection (2)''''' See above post. − − ::::'''''Subsection (3):''' intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;''— Again doesn't apply to wikis, as they aren't nonpublic, or for either the exclusive use or non-exclusive use for the official business of the Government of the United States. Again the objective test applies here: is it reasonable that the average man would know that any particular computer is a)non-public or b) for the exclusive or non-eclusive use by the Government of the United States. − − ::::'''''Subsection (4):''' (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;''— Doesn't apply to Conservapedia on multiple grounds. The only way somebody can add or delete material to this site is with authorization. That authorization gives the user the right to add or delete material as he wishes. A user cannot be said to have exceeded his authorized access unless he acts or attempts to perform an act that is greater than his auhtorized access (i.e. a user that has only edit rights on Conservapedia would exceed authorized access if he deliberately made an attempt to access users IP addresses, or deliberately made a personal attempt to block other users. However, a user cannot be said to have exceeded authorised access by deleting or defacing an entire page of information, as the granting of editing rights to that person grants him the authorised access to be able to do these things {i.e. the ability to edit is granted in the authorized access, the user hasn't had to hack the site to gain the ability to delele or add information}). That such changes are undesirable are immaterial as to whether somebody has exceed authorized access, as it is the granting of full editing rights, whithin the focus of this law, that grants the user the authorization to make those changes. Vandalism of wikis also fails to fall under the protection of subsection (4) as the ''mens rea'' of subsection (4) is the intent to defraud. When used in such a manner the term defraud has a legal rather than a dictionary meaning, and the legal interpretation of fraud or defraud is applied to those acts which seek to obtain that which has monetary value and to do so in an manner deamed illegal. Vandalism isn't an attempt to defraud (i.e. the vandal isn't seeking to make monetary gain), rather it is an attempt to damage or cause harm. − − ::::'''''Subsection (5):''''' It is this subsection that probably comes closest to addressing the problem of vandalism. − − ::::'''''(A)''''' − ::::''(i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;'' − ::::''(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or'' − ::::''(iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and…'' − − ::::This would cover vandalism on Conservapedia except for two problems; − ::::i) '…intentionally causes damage……recklessly causes damage……causes damage…'— Again it is a pecularity of the law that damage is that which is considered to have incurred harm, be it physical or mental, or monetary costs. Vandalism to Conservapedia wouldn't fall into this category because it doesn't incur damage involving monetary cost to a protected computer as any such vandalism can be repaired by a volunteer, thereby incurring no cost as the volunteer isn't charging to repair the vandalism. Nor does such vandalism add more to the running costs of the site compared to a user making a legitimate edit of the same length. − ::::ii) '…without authorization…'— As discussed in subsection (4) the fact that a user has to apply to Conservapedia and be accepted as a member before he can gain editing rights means that his access to articles and his right to edit them in any way that he sees fit is authorized by the owner of the site. If the owner doesn't want a user having full editing rights there are many ways to ensure that a user doesn't have those rights, ranging from not granting those rights, restricting those rights (i.e. the user is not being able to delete or add material directly, but instead the user has to make submission for consideration for inclusion in Conservapedia), or removing those rights completely. The fact that the owner grants full editing rights means that authorization is given for the user to make full edits, whether they are helpful or unhelpful. − − ::::'''''…(B)''' by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—'' − ::::''(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;'' − ::::''(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;'' − ::::''(iii) physical injury to any person;'' − ::::''(iv) a threat to public health or safety; or'' − ::::''(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security; '' − − ::::And it is this part of the subsection that ensures that subsection (5) wouldn't apply to Conservapedia. Obviously subparagraphs (B/ii), (B/iii), (B/iv), and (B/v) wouldn't apply and that just leaves subsparagraph (B/i) (''loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;''). Any vandalism to the site in terms of editing (as opposed to a (D)DOS attack) doesn't incur monetary costs as such vandalism is easily repaired by volunteers at no cost to the site (i.e. when a user repairs vandalism to the site that user doesn't invoice the owner of the site for monetary compensation for work done). Nor does such vandalism cost the site's owner any more in costs than an legitimate entry made of the same length. − − ::::'''''Subsection (6):''' knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if—'' − ::::''(A) such trafficking affects interstate or foreign commerce; or'' − ::::''(B) such computer is used by or for the Government of the United States;''— Again this is a section that doesn't apply to Conservapedia as a) vandalism on Conservapedia isn't attempting to defraud traffics, b) Conservapedia isn't involved in commerce through www.conservapedia.com and c) isn't a computer used by or for the Government of the United States. − − ::::'''''Subsection (7):''' with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;''— Again doesn't apply to vandalism on Conservapedia as the vandalism isn't an attempt to extort money or items or goods that have a monetary value.--[[User:Ieuan|Ieuan]] 13:28, 2 March 2009 (EST)
Conservapedia talk:Commandments (view source)
Revision as of 19:02, March 2, 2009
, 19:02, March 2, 2009Ieuan, please submit proof of your legal training before wasting time with non-professional legal opinions. They are a waste of time.
:::::Interesting question, by the looks of it 18 § 1030 section (a) subsection (5) might cover harrasment of an individual(s), but only if such a harrasment caused physical damage and the harrasment didn't occur through authorized access. To be honest it looks like this is the wrong piece of legislation if you are looking to prosecute harrasment. It might be worth looking at legislation that covers harm to an individual. As to cyber-terrorism 18 § 1030 does cover it, but only in section (a) subsections (1), (3), & (5); at a federal level it seems that US Government only considers cyber-terrorism to be something that occurs against itself and its own interests. Attacks against private computers don't seem to be considered acts of cyber-terrorism, instead it seems to be considered to be attempts at theft, fraud or disruption of commerce, all of which cause monetary harm. Again I need to emphasize that is the point of view solely from 18 § 1030. It could be that other pieces of legislation are more appropriate.--[[User:Ieuan|Ieuan]] 13:28, 2 March 2009 (EST)
:::::Interesting question, by the looks of it 18 § 1030 section (a) subsection (5) might cover harrasment of an individual(s), but only if such a harrasment caused physical damage and the harrasment didn't occur through authorized access. To be honest it looks like this is the wrong piece of legislation if you are looking to prosecute harrasment. It might be worth looking at legislation that covers harm to an individual. As to cyber-terrorism 18 § 1030 does cover it, but only in section (a) subsections (1), (3), & (5); at a federal level it seems that US Government only considers cyber-terrorism to be something that occurs against itself and its own interests. Attacks against private computers don't seem to be considered acts of cyber-terrorism, instead it seems to be considered to be attempts at theft, fraud or disruption of commerce, all of which cause monetary harm. Again I need to emphasize that is the point of view solely from 18 § 1030. It could be that other pieces of legislation are more appropriate.--[[User:Ieuan|Ieuan]] 13:28, 2 March 2009 (EST)
::::::The case of the teenage girl who committed suicide in Missouri as a result of online harrassment; what laws were applied in that? Was it federal or state or both? [[User:Karajou|Karajou]] 13:34, 2 March 2009 (EST)
::::::The case of the teenage girl who committed suicide in Missouri as a result of online harrassment; what laws were applied in that? Was it federal or state or both? [[User:Karajou|Karajou]] 13:34, 2 March 2009 (EST)