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CC 201-001 Week 2, Class 3

by: Jennifer Gintovt

CC 201-001 Week 2, Class 3 CC 201-001

Jennifer Gintovt
GPA 3.361

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About this Document

Here are my personal notes from week 2 class 2 lecture. Material covered in this note set includes: -United States v. Lori Drew -United States v. Collins -United States v. Neil Scott Kramer
Introduction to Cyber Criminology
Adam Ghazi-Tehrani
Class Notes
Cybercrime, crime, court cases, supreme court
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This 4 page Class Notes was uploaded by Jennifer Gintovt on Thursday September 22, 2016. The Class Notes belongs to CC 201-001 at University of Alabama - Tuscaloosa taught by Adam Ghazi-Tehrani in Fall 2016. Since its upload, it has received 19 views. For similar materials see Introduction to Cyber Criminology in Cyber Criminology at University of Alabama - Tuscaloosa.


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Date Created: 09/22/16
Cybercrime 201- Three Big Cases United States v. Lori Drew (2008) • Victim: Megan Meier • Summer 2006 o Drew became concerned that Meier was spreading false statements about her daughter o Lori Drew, daughter Sarah Drew, and Lori’s employee Ashley Grills create fake Myspace account of a 16-year-old boy under alias Josh Evans o Plan was to use account to discover what Meier’s was saying about Sarah Drew o Begin to use account to contact Meier’s § When Meier's wasn’t acting the way they thought she would, they begin to flirt with her o In October messages change § “Josh” doesn’t want to be friends anymore because “he’s heard that Meagan was mean to her friends” § Meier’s responses are shared with others online § “Josh” essentially tells her to kill herself § Meier’s hangs herself 20 minutes after last message The Case: • State of Missouri announces that they will not charge Lori Drew because there isn’t enough evidence • The Federal government decides to charge Lori Drew due to the fact that the communications moved across state lines (Myspace servers are located in California) Federal Case: • First count alleged that Drew and her co-conspirators agreed to violate the CFAA by intentionally accessing a computer used in interstate commerce “without authorization” and in “excess of authorized use” • Counts 2-4 allege that Drew violated CFAA by accessing MySpace servers to obtain information regarding Meier in breach of the MySpace Terms of Service EFF: • International non-profit digital rights group • Provides funds for legal defense in court, presents amicus curiae (friend of the court) briefs, defends individuals and new technologies from what it considers abusive legal threats, and works to expose government malfeasance • Say that it was not unauthorized access, and would create a bad precedent Verdict: • Jury was deadlock on count one for conspiracy but unanimously found Drew not guilty of counts 2-4 • Drew found guilty of a misdemeanor violation of CFFA Acquittal: • Drew files a motion for acquittal • Found not guilty because not all three conditions were met o Accessed a computer without authorization o Access has to involve interstate of foreign communication o Obtained information § The first one was not met • Many courts had already found that any computer that provides a web-based application accessible through the internet would satisfy the interstate communication requirement of the second element • Found that the third element is met whenever a person using a computer contacts and internet website and reads any part of that site • But in terms of #1… o Just because she misusing the terms of service is too broad The Aftermath: • Missouri o New legislation that includes penalties for cyberbullying via computers o More than 20 other states have enacted similar legislation o School boards must adopt these policies to address cyberbullying United States v. Collins et. Al. (2011) • Operation payback 1.0 o Response to a Bollywood movie studio o Several Bollywood companies launch DDOS attacks on piracy websites o Anonymous launches operation payback by launching a DDOS attack on the company that’s attacking the piracy websites o Find out someone has already hacked Aiplex, so they launch attacks on copyright organizations • Operation payback 2.0 o WikiLeaks came under intense pressure to stop publishing secret U.S. diplomatic cables o Credit card companies block users from making donations to WikiLeaks o Anonymous begins to attack credit card companies/banks § Do this using the Low Orbit Ion Cannon The case: • 14 people charged under CFAA for planning and participating in the DDOS (known as the PayPal 14) • lawyer argued that the 13 acts that were committed were civil disobedience o claimed that acts were free speech Leniency request: • Founder of EBay o Believes they should be facing misdemeanor charges instead of felony charges Verdict: • Court found defendants guilty of misdemeanor offenses and fined them $86,000 in total o $6,615 per defendant United States V. Neil Scott Kramer • 15-year-old female in Missouri accidentally texts a 39 year old male in Louisiana • Kramer replies and begins regular conversations with the girl o Girl reveals to Kramer that she’s only 15 • Kramer meets with girl • Kramer gave the female illegal narcotics and engages in sexual intercourse, does the same thing the second day, and the third day he takes her to a bar • The girl goes to the bathroom and texts the police • Kramer gets arrested o Charged with transporting a minor across state lines in order to engage in illegal sexual activity o State looks into a harsher sentence because of the use of his cellphone § State argues that the cellphone falls under the definition of a computer under U.S. Law Verdict: • Court conclude that Kramer’s phone did constitute a “computer” and applied a two level enhancement • Goes from a 140-month sentence to a 168-month sentence The Appeal; • Calls into question whether a cellphone constituted a computer • Court argues 3 main points o The phone may include copyrighted Motorola and third-party software o The phone keeps track of network connection time § Logical and arithmetic operations o The phone stores sets of characters that are available to a user when typing a message § Storage functions • Court ends up affirming Kramer’s sentence –phone is an electronic or other high-speed data processing device Precedent: • Because of these three cases we now have o Determined terms of service cannot criminalize behavior (Drew 2008) § Improved cyberbullying laws o Ruled that DDOS attacks are not free speech (Collins 2011) o Shown cellphones are computers in the eyes of the court (Kramer 2011)


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