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Cyber Crime and Jurisdiction By Zach Archer COCS 380
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Road map Cyber crimes What is jurisdiction How the internet affects jurisdiction What are some cases
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What is a cyber crime Cyber crime encompasses any criminal act dealing with computers and networks Spam Fraud Piracy Cyber terrorism Drug trafficking
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Video http://www.youtube.com/watch?v=ZHmF iueQm5A http://www.youtube.com/watch?v=ZHmF iueQm5A
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Some stats Top crime Non-delivery Identity theft Credit card and auction fraud
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Cyber crimes and you Download music anyone? $2,500 or more is a federal crime 5 years in jail and $250,000 in fines RIAA (Recording Industry Association) Watchdogs of millions users
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Who investigates domestic computer crimes FBI The U.S. Secret Service U.S. Immigration and Customs Enforcement U.S. Postal Inspection Service The Bureau of Alcohol, Tobacco, Firearms and Explosives
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Main FBI Objective The FBI’s exclusive jurisdiction is over internet harassment Cyber bullying Stalking
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FBI also deals with The FBI also shares jurisdiction of many other crimes such as…. Hacking Password trafficking Child pornography Internet Bomb Threats Trafficking of explosive or firearms over the internet
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What is jurisdiction Jurisdiction is the right, power, or authority to administer justice by hearing and determining controversies Subject matter jurisdiction Personal jurisdiction Domestic jurisdiction
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The Problem now The problem we as a country are having now is where does this jurisdiction fall when crimes over the internet happen? What court will hear the case
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Some Cases and Outcomes Zippo Manufacturing v. Zippo.com John Wagner v. Glenda Miskin Calder v. Jones Tamburo v. Dworkin
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Zippo Manufacturing v. Zippo.com Zippo lighters wanted to have website Zippo.com offered access to USENET and based in California Zippo.com said the courts had no jurisdiction Three prong test
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John Wagner v. Glenda Miskin Wagner professor at University of North Dakota and Miskin a student Violation of stalking and harassing Miskin said no jurisdiction
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Calder v. Jones Actress Shirley Jones was slandered by the National enquirer Calder editor said no jurisdiction First amendment
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Tamburo v. Dworkin Tamburo operated a dog-breeding software that pulled info from the web No jurisdiction Court dismissed case
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Closing thoughts What a cyber crime is What jurisdiction is How it is a problem Some ways it has played out already
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References Gil, Paul. “How Do Music Pirates Get Caught”. about.com. New York Times Company. (nd). Web. 26 Feb. 2012 “Cyber Crime”. Webopedia. IT Business Edge. (n.d). Web. 26 Feb. 2012. “Jurisdiction”. Dictionary.com. Dictionary.com. (n.d). Web. 26 Feb. 2012. “Recently U.S. Cases Involving Internet Jurisdiction Over Non-resident Defendants”. DWW.com. E-Tips. (n.d). Web. 26 Feb. 2012 Walker, James. “Different Types of Cyber Crime”. EHow.com. Demand Media. (n.d). Web. 26 Feb. 2012 “The Law”. RIAA.com. RIAA. (n.d). Web. 28 Feb. 2012. “Web Crime Complaints Drop YOY, Up in Decade”. Marketingcharts.com. Watershed Publishing. (n.d). Web. 28 Feb. 2012
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