"In recent years, federal prosecutors in Los Angeles have earned a reputation for being particularly aggressive in pursuing cases against both former boyfriends and hackers selling unauthorized sexually explicit videos to websites. One notable case was the successful prosecution of Hunter Moore, who ran a now-defunct website that specialized in posting revenge porn videos that were stolen from people’s computers and posted without their permission.
The decision to drop the charges against Mr. Elam may illustrate the difficulties in pursuing such cases because they require a jury not to hold the victim partly responsible for creating the sexually explicit images in the first place and either sharing them with a former partner or storing them on a cellphone."
See NY Times
Articles at: www.nytimes.com/2016/03/31/business/dealbook/cravath-law-firm-discloses-a-data-attack.html, and www.wsj.com/articles/hackers-breach-cravath-swaine-other-big-law-firms-1459293504.
"NEW laws will allow authorities to collect and monitor Australians' internet records, including their web-browsing history, social media activity and emails. But the laws, which will specifically target suspected cyber criminals, do not go as far as separate proposed laws designed to retain every Australian internet user's internet history for two years in the name of national security. Under the laws passed yesterday, Australian state and federal police will have the power to compel telcos and internet service providers to retain the internet records of people suspected of cyber-based crimes, including fraud and child pornography. Only those records made after the request will be retained, but law enforcement agencies will be prevented from seeing the information until they have secured a warrant."
The problem is that most people simply don’t buy the claim that illegally downloading a song or video from the Internet really is like stealing a car. According to a range of empirical studies, including one conducted by me and my social psychologist collaborator, Matthew Kugler, lay observers draw a sharp moral distinction between file sharing and genuine theft, even when the value of the property is the same."
See NY Times opinion article from U.S. law school professor.
Please look at the relevant chapters of the textbook (chapter 11 and part of chapter 3) as well as the following materials.
Australian law - Spam Act 2003 (Cth)
US law - CAN-SPAM Act
EU directive - Directive on privacy and electronic communications (Article 13)
Australian Communications and Media Authority (ACMA)
Internet industry Spam Code of Practice
How effective are these laws?
Australian law - Criminal Code 1995 (Cth), Criminal Code 1899 (Qld)
Scale of cybercrime - Symantec report
Australian Federal Police
Cost - here and here
Is cybercrime underreported? Australian Institute of Criminology
Australian government - Scamwatch
Anti Phishing Working Group
Domain-based Message Authentication, Reporting & Conformance
What is the best way to respond to phishing - raising awareness, enacting legislation or cutting off scam emails before they arrive?
They send their lawyers. Or they just wait. But Tzvetkoff, incredibly, has used his position from inside a US jail to, first, free himself, and then go on the offensive against the very people who are chasing him.
The Queensland internet entrepreneur, 28, was mysteriously bailed from a US federal prison last August. He has rolled to save his neck.
US federal prosecutors are using Tzvetkoff's unique inside knowledge of how big online gambling companies shift money out of the US in exchange for a sweet deal."
See Courier Mail front page story
"ASSOCIATES of former internet high-flyer Daniel Tzvetkoff have been charged after a flurry of arrests in the US over illegal online gaming following his release last year from a New York prison.
US judges have sealed the files on Mr Tzvetkoff's criminal case, after he was secretly released from prison -- without a bail hearing -- on charges he was involved in a $500 million money-laundering scheme for illegal online poker sites.
Secrecy now surrounds the former Gold Coast-based entrepreneur's movements, with prosecutors refusing to disclose if they are going ahead with the charges that carry a 24-year jail term."NY Times
Co-founder and CEO More information"
Net fraud accused back online
A TEENAGE Brisbane student accused of using the internet to defraud Queensland's biggest bank of $2 million has today had his ban on using the internet lifted.
Brisbane Magistrate Noel Nunan this morning varied bail conditions for Philip Heggie, 18, so he could use the internet to continue his university studies.
Heggie, a University of Queensland business student, made a brief appearance in the Brisbane Magistrate's Court to answer charges of fraud, attempted fraud and uttering a forged document.
--- A class member asks the following regarding the above story:
Given the level of sophistication required to perpetrate these alleged activities, has the Court (in its most recent decision concerning bail conditions) paid sufficient heed to the possibility of the accused undertaking similar acts? How meaningful are either of the different sets of bail conditions prescribed by the court, given that cyber crimes can be undertaken anonymously?
Read a summary of the report here. And this is how The Australian reported the story.
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Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening. You may wish to have a look a...
This website has some useful links and references: http://www.epiphanysolutions.co.uk/article-index/rights-and-laws-of-the-internet/