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×A federal appeals court on Friday overturned the conviction of a prominent computer hacker whose imprisonment had highlighted a growing debate over whether the government is overreaching in its campaign against cybercrime.. The U.S. Court of Appeals for the 3rd Circuit ruled that the Justice Department improperly put Andrew Auernheimer on trial in New Jersey, even though his alleged hacking took place elsewhere. The link for this article located at Washington Post is no longer available. . The appellate court ruled that the proceedings against Andrew Auernheimer were improperly managed by the Justice Department.. Computer Hacking, Cybercrime Legal Issues, Appeals Court Ruling. . Dave Wreski
A federal appeals court on Friday upheld the National Security Agency. That The link for this article located at Wired is no longer available. . Federal Appeals Court affirms NSA's secret relationship with Google, impacting privacy and surveillance laws.. NSASurveillance, GooglePrivacy, LegalPrecedent. . Dave Wreski
In a decision hailed by free-speech advocates, the Delaware Supreme Court on Wednesday reversed a lower court decision requiring an Internet service provider to disclose the identity of an anonymous blogger who targeted a local elected official. . In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town councilman Patrick Cahill to make a stronger case that he and his wife, Julia, had been defamed before ordering Comcast Cable Communications to disclose the identities of four anonymous posters to a blog site operated by Independent Newspapers Inc., publisher of the Delaware State News. In a series of obscenity-laced tirades, the bloggers, among other things, pointed to Cahill's "obvious mental deterioration," and made several sexual references about him and his wife, including using the name "Gahill" to suggest that Cahill, who has publicly feuded with Smyrna Mayor Mark Schaeffer, is homosexual. In June, the lower court judge ruled that the Cahills had established a "good faith basis" for contending that they were victims of defamation and affirmed a previous order for Comcast to disclose the bloggers' identities. One of the bloggers, referred to in court papers only as John Doe No. 1 and his blog name, "Proud Citizen," challenged the ruling, arguing that the Cahills should have been required to establish a prima facie case of defamation before seeking disclosure of the defendants' identities. The link for this article located at Slashdot is no longer available. . In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town coun. decision, hailed, free-speech, advocates, delaware, supreme, court, wednesday, reversed. . LinuxSecurity.com Team
In a historic first, a California court has fined an Internet marketing company $2 million for sending millions of unsolicited junk e-mails. The case was brought against PW Marketing, a Los Angeles-based Internet advertising company owned by Paul Willis and . . . . In a historic first, a California court has fined an Internet marketing company $2 million for sending millions of unsolicited junk e-mails. The case was brought against PW Marketing, a Los Angeles-based Internet advertising company owned by Paul Willis and Claudia Griffin. The court found the company liable for sending a large quantity of spam that sold a $39 "how to" book for spammers and provided extensive lists of e-mail addresses. California expects the ruling to set a precedent for further aggressive antispam legal action. But regardless of this high-profile case, California's legal efforts "ultimately will not change the volume of spam," says Yankee Group analyst J. P. Gownder. . In a historic first, a California court has fined an Internet marketing company $2 million for sendi. historic, first, california, court, fined, internet, marketing, company, million, sendi. . LinuxSecurity.com Team
This inconclusive ending of the Bernstein case is a consequence of the government's policy in cases where there are first amendment challenges to restrictions on the publication of software to claim that they have no intention of enforcing the law as . . . . This inconclusive ending of the Bernstein case is a consequence of the government's policy in cases where there are first amendment challenges to restrictions on the publication of software to claim that they have no intention of enforcing the law as it is written and thus getting the cases dismissed as moot. The end result is that, though Bernstein had originally won in both the District Court and the 9th Circuit and I lost my later-filed case involving much the same issues---Junger v. Daley---in the federal District Court for the Northern District of Ohio, it is the 6th Circuit Court of Appeal's decision reversing the District Court's decision in Junger v. Daley that is the leading case holding that computer programs are speech that is protected by the First Amendment. In the Bernstein case, when the government amended the regulations forbidding the publication of computer programs, the 9th Circuit Court of Appeals withdrew its earlier opinion in Bernstein's favor and remanded the case to the district court, where the government claimed that they would not enforce the restrictions on cryptography against Dan Bernstein. In my case, on the other hand, the 6th Circuit Court of Appeals reversed the District Court's holding that the First Amendment does protect those who would publish software and then remanded the case to the District Court for further proceedings. At that point, rather than risking our victory in the 6th Circuit, we settled my case, even though the new regulations were---and are---constitutionally questionable. Although my case is now the leading case holding that publishing software is protected by the First Amendment, I do not believe that we would have had our success without the efforts of Dan Bernstein and his lawyers from theElectronic Freedom Foundation. The link for this article located at IP is no longer available. . The Morgan case remains open-ended, raising concerns about federal regulations on digital content distribution and free speech matters.. Bernstein Case,Cryptography Policy,First Amendment Rights,Software Publishing,Legal Precedent. . LinuxSecurity.com Team
In a ruling that marks a victory for privacy proponents, a federal appeals panel is allowing a group of Web surfers to sue a company that gathered certain data about them without their consent. . .. In a ruling that marks a victory for privacy proponents, a federal appeals panel is allowing a group of Web surfers to sue a company that gathered certain data about them without their consent . The decision, handed down Friday by the First Circuit U.S. Court of Appeals, clears the way for some pharmaceutical Web site users to pursue a class-action case against the operators of Boston-based Pharmatrak. The lawsuit alleges that the now-defunct Web traffic analysis company violated the Electronic Communications Privacy Act (ECPA) by intercepting communications without permission. The ruling is significant, because the appeals panel attempted to address some muddy legal issues related to online data collection. These questions include what, in the online world, constitutes protected "content" for the purposes of intercepting communications--a technique commonly used by law enforcement agencies. The link for this article located at ZDNet is no longer available. . A national court division permits internet users to file lawsuits regarding unapproved data gathering, a success for privacy defenders.. Data Collection Lawsuit, Online Privacy, Consent Laws. . LinuxSecurity.com Team
Attempts to reduce unsolicited emails may be helped by a federal court ruling that junk faxes can be restricted by law. A federal appeals court said on Friday that a law restricting junk faxes was constitutional, setting a precedent that favours legal attempts to restrict unsolicited email. . . .. Attempts to reduce unsolicited emails may be helped by a federal court ruling that junk faxes can be restricted by law. A federal appeals court said on Friday that a law restricting junk faxes was constitutional, setting a precedent that favours legal attempts to restrict unsolicited email. The Eighth Circuit Court of Appeals reversed a lower court's ruling, concluding that a 1991 federal law banning unsolicited fax advertising did not violate the First Amendment's guarantee of freedom of expression. Congress' goal of "restricting unsolicited fax advertisements in order to prevent the cost shifting and interference such unwanted advertising places on the recipient" was reasonable, a three-judge panel ruled. The link for this article located at zdnet is no longer available. . The recent federal court decision regarding unsolicited faxes could pave the way for more stringent regulations on unwanted email communications.. Spam Regulation, Email Restrictions, Legal Precedent. . LinuxSecurity.com Team
A federal judge has ruled that law enforcement officials went too far when they tried to use evidence gathered by a known hacker to convict someone of possessing child pornography. The decision, handed down earlier this month, is believed to be the first to say that hacking into an Internet-connected home PC without a warrant violates the Fourth Amendment, which prohibits unreasonable searches and seizures. . .. A federal judge has ruled that law enforcement officials went too far when they tried to use evidence gathered by a known hacker to convict someone of possessing child pornography. The decision, handed down earlier this month, is believed to be the first to say that hacking into an Internet-connected home PC without a warrant violates the Fourth Amendment, which prohibits unreasonable searches and seizures . "This makes it clear that law enforcement needs a search warrant to do this," said Orin Kerr, an associate professor at George Washington University Law School. Kerr said the ruling was the first of its kind. The Virginia judge suppressed evidence of child porn possession after the defendant's lawyers argued the evidence had been illegally obtained by a hacker whose methods had received approval from law enforcement officials. The decision came out of a case in which a hacker uploaded a file to a child porn newsgroup that made it possible to track who downloaded files from the service. The uploaded file contained the SubSeven virus, which the hacker used to remotely search people's computers for porn. The hacker then played the role of a cybervigilante, sending anonymous tips to law enforcement officials alerting them to child porn files the hacker had found on people's PCs. In one case, the hacker tipped off officials in Alabama about a doctor in that state who had downloaded files from the newsgroup. The doctor was eventually sentenced to 17 years in prison. The hacker later contacted the same officials about a Virginia man who the hacker suspected was involved with child porn. The Alabama officials told the FBI of the hacker's suspicions. The bureau, through the Alabama officials, encouraged the hacker to send more information. Based on that further data, U.S. attorneys and state prosecutors filed numerous charges against the Virginia man, William Adderson Jarrett, related to creating and receiving child porn. Jarrett pleaded guilty. However, his attorneys also argued that the FBI had violated Jarrett's Fourth Amendment rights when they retrieved the information, via the hacker, without a warrant. The judge agreed with that assertion, ruling that the evidence could not be used in court because the FBI had approved of hacking as a means of obtaining it, a move that violates protections against unreasonable search and seizure. "By requesting that (the hacker) send the information," the judge's ruling said, "the FBI indicated its approval of whatever methods (the hacker) had used to obtain the information." The decision put Jarrett's guilty plea on hold. Although U.S. prosecutors are likely to appeal the ruling, the case could be a cautionary tale for agencies that try to use hackers as an arm of law enforcement without first obtaining a warrant. The ruling also could open the door for other defendants to use similar arguments in their cases. The link for this article located at News.com is no longer available. . A court decision declares that police breached Fourth Amendment protections by utilizing hacked information without obtaining a warrant.. Fourth Amendment, cyber law, hacker evidence, legal ruling. . LinuxSecurity.com Team
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