...Ethical Management of IT The Fourth Amendment of the Constitution protects us against “unreasonable search and seizures” without proper cause (Freeman 2). This was established to ensure that our privacy was upheld and that agents of the government could not infringe on those rights. However, what happens when the government uses information illegally obtained by an individual outside the jurisdiction of the United States? In these cases we’ve seen that the U.S. government is able to use information illegally obtained by international hackers in order to prosecute U.S. citizens. This essay will review the case of a unanimous white-hat hacker from Turkey using a Trojan horse to find individuals with child pornography on their personal computers. In early 2000, an anonymous Turkish citizen was able to utilize a Trojan horse to identify users that frequent and download child pornography (Freeman 3). The anonymous user was then able to report his findings to the authorities and allow them to further research the allegation in order to prosecute the individual. This led to the arrest and prosecution of Bradley Steiger to 17-years in prison on child pornography charges. The anonymous user was able to garner the same results a year later when he presented evidence to the authorities against William Jarrett of Virginia (Freeman 3). William Jarrett filed an action against the District Court asking for a reversal of the conviction based on the illegal methods used by hacker to...
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...This essay discuss the Privacy Act of 1974, the Information Privacy Law, Electronic Communications Privacy Act, and other laws and provisions designed to protect an individual’s privacy. In this essay I will also discuss the importance on trust and integrity in the work environment. As communication technology expands, and the possibility of accessing that technology has grow increasingly less challenging to gain, it has become more difficult to protect personal information and the use of an individual’s personal information. Whether this information is used for business, consensus, personal, educational, or even fraudulent reasons, the Individual’s right to control his or her personal information held by others has grown into an enormous concern for most people over the age of eighteen. Additionally, considering the average age for acceptance to most internet social forums and email accounts is thirteen years old, the concern for personal information security can begin even before puberty. In this essay I will also discuss how Legislation and Law makers are have and are continuing to attempt to protect information privacy as new technologies and new institutional procedures arise. This essay will talk about but not go into great detail about how the information privacy is covered in the American Constitution, the provisions for this law, and the conditions of disclosure for this law. Because the Privacy act of 1974 does not cover in great depth email and communications traffic...
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...The Children’s Internet Protection Act (CIPA) is a federal law which was passed by Congress to allocate the offensive content over the Internet. The Children's Internet Protection Act (CIPA) requires that K-12 schools and libraries in the United States use Internet filters and implement other measures to protect children from harmful online content as a condition for the receipt of certain federal funding. It was signed into law on December 21, 2000 and was found to be constitutional by the United States Supreme Court on June 23, 2003. CIPA obligates the schools and all public libraries to require filters on their computers to stop minors from accessing sites that are not appropriate. (Federal Communications Commission, n.d.) The (CIPA) was passed in December 2000. The main purpose of the CIPA is for the protection of children from obscene, child pornography and other dangers of the internet. CIPA does not precisely state what kind of filtering systems to use. This is the third law that Congress has passed to allocate concerns about the children’s access to the inappropriate Internet sites and it is the only one “that the U.S. Supreme Court found constitutionally defensible.” (Minnesota House of Representatives House Research, 2004) Our kids face online predators and other inappropriate things in chat rooms, online games, pictures of teens drinking, drugs, sexual messages, and even false information about them written online before they are eighteen. (Covenant Eyes, 2012)...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...This is FRESH AIR. I'm Terry Gross. The digital world that we've come to rely on - the Internet, social networks, GPS's, street maps - also creates opportunities to collect information about us, track our movements and invade our privacy. Add to that brain scans that might reveal criminal tendencies and new developments in genetic medicine and biotechnology, and you have a lot of potential challenges to basic constitutional principles that our founding father couldn't possibly have imagined. My guest, Jeffrey Rosen has put together a new book that explores those challenges. Along with Benjamin Wittes, he co-edited "Constitution 3.0: Freedom and Technological Change." It's a publication of the Brookings Institution's Project on Technology and the Constitution, which Rosen directs. He's also a law professor at George Washington University and legal editor for The New Republic. His new book is a collection of essays in which a diverse group of legal scholars imagine plausible technological developments in or near the year 2025 that would stress current constitutional law, and they propose possible solutions. Jeffrey Rosen, welcome back to FRESH AIR. So what are the particular parts of the Constitution that you think really come into play here with new technologies? , the relevant constitutional text is the Fourth Amendment, which says the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated...
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...more but those list above are a few main points. The opposite of communism is capitalism, which is where private owners, rather than the state, control a country's trade and industry for profit. The United States of America is not communist but capitalist because America does not share land between citizens, does not force the disabled to work, and Americans can communicate how they please and ship their goods wherever. The United States of America allows citizens to own private property, unlike communist nations that Marx describes in his essay. In a communist nation, the nation will have an “abolition of property in land and application of all rents of land to public purposes,” according to Marx. This means that there will be no private property but just public land which the people work. America does allow citizens to own land, and then use it for private purposes. There are private property rights in the Constitution, the fourth Amendment, regarding that individuals may hold and exercise their property, even if it is against the government itself. In a capitalist nation, the people are allowed free enterprise which Americans can do and communists cannot. Therefore, since the Constitution cannot be changed, America is not a communist nation but a capitalist nation. Although America is popular for it’s equality and freedom, not all Americans have “equal liability of all to labour” (Marx, 1848). This means Americans are not required to work because they might be handicapped...
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...The Patriot Act: Agree or Disagree Amanda Collier ENG/215 August 27, 2012 Bruce Massis The Patriot Act: Agree or Disagree President George W. Bush signed into law on October 26, 2001 The USA PATRIOT Act. The title of the Act is a letter acronym: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (PUBLIC LAW 107–56—OCT. 26, 2001) This Act was written to prevent and punish terrorist acts here in the United States as well as around the world, to help law officers, and to strengthen U.S. measures. Three essays have been studied on this subject, (U.S. Patriot Act – Damian Coles, and The Patriot Act: Wise beyond Its Years – John Ashcroft, and Cassady Pitt - U.S. Patriot Act and Racial profiling: Are there consequences of discrimination?) to come up with this critical argument essay. There are advantages and disadvantages of the Patriot Act. Although The Bill of Rights gives us privacy that could be invaded, is effectual for our country because this helps law enforcement have more resources and more freedom to help. Here are two disadvantages of the Patriot Act to be discussed. First racial profiling and, second America’s right to privacy under the Bill of Rights. When someone is considered a criminal or terrorist just because of how they dress, look, or the religion they practice, this is racial profiling. Racial profiling was a problem in the United States even before 9/11 and the Patriot act...
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...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...
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...Thesis Statement With the recent school shootings happening and evidence of the perpetrators posting comments online thru social media, the government should be focusing on applying laws requiring companies to use artificial intelligence agents to help identify persons of interest and allow local law enforcement, along with the companies, to monitor these agents. Annotated Bibliography Dulek, R., Motes, W., & Hilton, C. (1997), Executive Perceptions of Superior and Subordinate Information Control: Practice versus Ethics. Journal of Business Ethics Vol. 16, pgs.1175-1184 This entry examines the ethical practices of leaders in a business and their employees involving information control within a business. Specifically it examines whether these executives know if control is being performed and if they deem it ethical. The statement “…executives are generally drawn to those command activities they deem to be "proper and right." but shy away from those that are iniquitous.” R. Dulek has authored six books and publishes more than forty journal articles. He is currently...
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...national security? Are the seizures, wiretaps, and physical searches that are required to have probable cause sometimes overlooked? In several cases, outlined in this essay, our government has performed unpatriotic acts in the name of “national security” and has repeatedly challenged the very foundation of our constitutional freedoms. Fundamentalist groups and terrorists within them have been around for decades. Our government has the ability to monitor them, both here and abroad, and determine if there will be another threat against our Nation. Where is the balance between civil rights and national security? On October 26, 2001, President George W. Bush signed into law the Patriot Act with an overwhelming majority from Congress. The law was intended, in Bush’s words, to “enhance the penalties that will fall on terrorists or anyone who helps them.” ("George W. Bush Signs The Patriot Act", n.d. http://www.history.com/this-day-in-history/george-w-bush-signs-the-patriot-act). The bill broadly expanded law enforcements ability to investigate and perform surveillance and altered more than 15 different statues that had been in place since the early 1970’s. This law was enacted in great haste and does not provide a check and balances approach to safeguard the American citizens’ civil liberties. The Fourth Amendment of the Constitution protects the right of the people to be secure in their own persons, houses, papers, and effects against unreasonable search and seizure. This includes...
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...debated whether some whistleblowers should be classified as heros or villans and if whistleblowing acts should be considered helpful or harmful. The whistleblower I will be talking about in this essay is Edward Snowden and how he released information about the NSA's spying program. In my opinion I believe Edward Snowden did way more harm than good to America by releasing secure information held by the NSA. A whistleblower is a person who exposes wrongful information that goes on in a organization. Mainly, whistleblowers reach out to parties that can publicize this new found information. These parties include the media, hotlines, members of politics, managers of organizations, other rival businesses and other sources. In most cases the information revealed by the whistleblower goes against a law and harms the public in one way or another. Edward Snowden is a former CIA technical assistant who has claimed responsibility for leaking headline-making information about the National Security Agency's (NSA) surveillance program. He revealed that the NSA has records of majority of calls made in America, including those who are making and receiving the calls phone number, conversations between people in emails, on Twitter, Facebook etc. They also have huge amounts of data on the internet including history in web searches and websites. There are many reasons why Edward Snowden’s actions were...
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...Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30 A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance...
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...important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...Copyright © 2013 by McGraw-Hill Education. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-180360-1 MHID: 0-07-180360-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-180359-5, MHID: 0-07180359-9. E-book conversion by Codemantra Version 1.0 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative please visit the Contact Us page at www.mhprofessional.com. Trademarks: McGraw-Hill Education, the McGraw-Hill Education logo, 5 Steps to a 5 and related trade dress are trademarks or registered trademarks of McGraw-Hill Education and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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