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“Unconstitutional laws still on books cause confusion in NJ”
From AP/Newsday.com: Numerous state laws that have been struck down as unconstitutional are still on the books in New Jersey, a situation some experts say could be rectified if the laws were just removed. Others say it’s not that easy. Some of the laws are simply outdated, such as one that limits the amount of […]
May 2007 / 1 min.
Laws for Bloggers
Laws apply to bloggers too. Resources that help make rights and responsibilities clear are always helpful, and this article is a useful compendium of twelve of the more important issues to bear in mind when blogging. While the Internet still retains some of the “wild wild west” feel, increasingly Internet activity, and particular blogging, is […]
May 2007 / 2 min.
AACS
In an attempt to capture some of the current AACS (Advanced Access Content System, copy-restriction technology for new-format DVDs) controversy, here is some background information. The whole controversy started when someone managed to figure out what the 16-digit hexadecimal key is that currently encrypts new-format DVDs. Although knowledge of this rather simple number doesn’t in-itself […]
May 2007 / 1 min.
Done with Civil Procedure, on to Criminal Law
As my Civil Procedure exam is now over, I am now focusing on updating my Criminal Law materials on Notes from Law School.
May 2007 / 1 min.
Notes from Law School
I’ve begun to slowly add my notes, discussions, and reference materials from some of my law school classes, as an aid to my own study process and preparation for finals. Do not use for legal advice, consult an attorney for your specific situation, do your own studying, etc., etc.! See: Notes from Law School
April 2007 / 1 min.
Judge Upholds Award of Attorneys’ Fees Against RIAA
So far, the RIAA has sued over 18,000 individuals for allegedly sharing music over the Internet. But the industry uses slapdash investigative methods to find its targets, and so innocent people as well as guilty ones can find themselves entangled in an expensive and draining process. One recent victim was a woman who didn’t even […]
April 2007 / 3 min.
18 U.S.C. SS 2709. Counterintelligence access to telephone toll and transactional records (Part VII)
Interestingly, “remote computing services” are not mentioned in this section. Instead, only “wire or electronic communication service provider[s]” must provide “subscriber information and toll billing records information, or electronic communication transaction records” upon proper certification by the Federal Bureau of Investigation.
April 2007 / 1 min.
18 U.S.C. SS 2703. Required disclosure of customer communications or records (Part VI)
As in 18 U.S.C. SS 2702, both electronic communication services and remote computing services are explicitly addressed in parts (a) and (b), respectively. Part (a) provides the greatest level of protection against governmental access, as it requires “a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court with […]
April 2007 / 2 min.
18 U.S.C. SS 2702. Voluntary disclosure of customer communications or records (Part V)
In contrast to Section 2701, Section 2702 does clearly include prohibitions on disclosure of the “contents” of a “communication” held by both electronic communications services and remote computing services. 18 U.S.C. SS 2702(a)(1) and (a)(2). Exceptions on voluntary disclosure – such as in cases of emergency, statutory authorization, and some other situations – apply equally […]
April 2007 / 1 min.
18 U.S.C. SS 2701. Unlawful access to stored communications (Part IV)
A plain-meaning interpretation of 18 U.S.C. SS 2701 (“Unlawful access to stored communications”) suggests that it applies only to “electronic communication services” and not to “remote computing services,” since the offense is defined with the following elements: intentional, access, without authorization, to a facility through which an electronic communication service is provided. Alternate grounds for […]
April 2007 / 1 min.