Cyber Stalking Laws Enacted in California to Put an End to Cyber Bullying – Cyber Law

More innocent residents of California than ever before are experiencing the frightening situation of being harassed by a cyber-stalker. What makes this issue hard to deal with is it only happens more as the use of computer systems and the Internet from people partaking in these crimes rises higher. However, California cyber stalking laws have been put in place specifically for the protection of innocent victims that have been targeted by cyber stalkers.If you or one of the members of your family is facing frustrations associated with cyber bullies, you may well find the laws listed under Penal Code Section 646.9 of the California cyber stalking laws to be very helpful. These are laws that are in addition to the ones you will find listed in the Civil Code Section 1708.7.Penal Code Section 646.9G states that it is unlawful to carry out threats that are done verbally, in written form, or communicated electronically, such as with a cell phone or home computer system. This is one of the California cyber stalking laws that does not require a person to actually show proof that the person doing the cyber stalking has intentions of carrying out the specific threats they are sending. It simply protects victims that are receiving threats of harassment from others that are capable of carrying out the activities they have in fact threatened.In the event the guilty party is given probation for the cyber stalking activities they have been a part of, one condition they may receive is to complete counseling. However, it is solely up to the court to actually impose this specific requirement.The courts may also issue a restraining order against the defendant, which will ensure protection for the victim for up to ten full years, depending on the courts final decision. As per the California cyber stalking laws of this Penal Code, the time imposed on a restraining order is determined by different factors of the case. The key factor is the safety of the victim or family members that have been targeted in cyber stalking, the probability of the future posing further offenses, as well as the seriousness of the offense.In the event that the offense is serious enough, or the problem has been ongoing even after prior convictions, time spent with The Department of Corrections may be warranted and imposed by the courts. If this is in fact the ruling for violations of the California cyber stalking laws stated in Penal Code Section 646.9, victims are to receive a 15 day prior notice of the defendant being released from the county jail or state prison system.In the event you have been targeted by a cyber-stalker, it would be well worth your time to look into the specific California cyber stalking laws stated in this Penal Code, as there is quite a bit more valuable information that could be of great help to you.Copyright (c) 2011 Opperman Investigations Inc

Interview With Jon Praed From Internet Law Group – Cyber Law

Jon Praed is a total stud!  He spends his time tracking down hard-core spammers.  The kind that run illegal viagra, casino, porn and phishing spam.A lot of guys have made money in “grey” areas of internet marketing.  Jon explains how gradually people are being forced to choose sides and that all the aggressive stuff is slowly going away.If you want to get an overall understanding on where the internet is going long term, this is the interview to check out.  It was one of the most powerful and fascinating ones I’ve done.I think you’ll find this interview worth listening to yourself.Adrian: I’m here with Jon Praed from the Internet Law Group. Jon is a pretty interesting guy who has spent a lot of years tracking down hard-core Internet spammers and bringing them to justice. He does this on behalf of companies like Verizon and AOL and has won some pretty important lawsuits and decent-sized judgments. Jon, thanks for joining us. Could you start by telling us a bit about who you are?Jon: Thank you for having me Adrian. I’m a Midwestern boy, born and raised in Indianapolis, Indiana. I now live in the suburbs of Washington, D.C. I went to college at Northwestern with a major in political science and then graduated from Yale Law.Right out of law school, I clerked for district court judge John Tinder, who’s recently been elevated to the Seventh Circuit, and then for Indiana Supreme Court Chief Justice, Randy Shepard. After my clerkships, I was in private practice as a lawyer with Latham & Watkins in both California and Washington, D.C. I also spent two years working on Capitol Hill as chief council to a House subcommittee dealing with regulatory affairs.I’ve been doing cyber litigation work for about the past 10 years. I got into it when some ISPs reached out to Latham to take on this newfangled problem called spam. At that time, no one really understood how big it would become and what sort of a precursor it would be into the entire world of cyber crime. I was assigned to the case, quickly fell in love with it and came up with some innovative ways to service the client by marrying our ability to crunch a tremendous amount of data with our ability to bring legal services to bear on the problem.I left Latham & Watkins to start Internet Law Group where we represent any sort of corporate victim of substantial, systemic, serial cyber fraud whether it’s a counterfeiting problem with drug companies, phishers going after bank customers, or mail companies that are trying to deal with inbound or outbound spam problems. In a nutshell, we look for ways to bring strategic actions against cyber criminals and go after any sort of fraudulent Internet activity.Cyber crime over the past 10 years has really transformed from petty crime, and largely Americans who were kind of geeks gone bad, into an extremely sophisticated international criminal network. The bad guys we are chasing are extremely talented and go to great lengths to hide their activity.They also take advantage of the inefficiencies that arise from international boundaries. They’re moving their physical bodies, their computers and their connectivity to places that are difficult for us in the West to touch and extradite from. They are also moving their money to places where it is difficult for us to freeze.Adrian: What are some of the big cyber crime cases you’ve been involved with?Jon: We’ve had a number of cases that have been litigated and produced published opinions that have impacted the world of cyber crime. In 2001, we had a published decision in a case we brought for America Online against an Adult Web site called Cyber Entertainment Network in 1999.AOL had sued Cyber Entertainment Network based on the principle of negligent enablement and negligent hiring and retention. The lawsuit said that they had retained affiliates they either knew or should have known were engaged in spam to advertise their Web sites. On that basis, Cyber Entertainment Network could be held liable.We used some fairly aggressive technology to grab the data we needed and establish the fact that a large volume of the adult content spam AOL was seeing at the time was attributable to spammers advertising one of a handful of Adult Web sites controlled by Cyber Entertainment Network.Adrian: There’s been a perception that affiliate marketing isn’t legitimate. I know profoundly that it’s a vital part of Internet commerce. Where do you stand on that issue?Jon: A properly-run affiliate program can be extremely powerful, but it has to be run effectively. You have to recognise that there are opportunities for abuse and that you are effectively outsourcing your advertising. You have to do so with clear standards in mind, and you have to enforce those standards.The public injunction that was entered in the AOL versus CEN case remains the best model I’ve ever seen on how an affiliate program needs to be run. That injunction, which is public, lays out the rules that Cyber Entertainment agreed to follow in the course of the outcome of that litigation.Those simple standards are to get identity from affiliates, establish rules, have a mechanism to receive complaints from the public, investigate those complaints, report back to the public on the outcome of the investigation and terminate when necessary. If you do those things, you will have a clean affiliate program.Adrian: What’s going on in the area of phishing?Jon: The phishing problem is really integrated within the overall cyber crime problem. We’re chasing some cyber criminals who are engaged in phishing, cashing out of stolen credit cards and at the same time are merchants that are part of a nationwide and international credit card system.They’re authorised to take credit cards over the Internet. They are successfully processing cards from consumers, selling them product and getting credit cards. The path that connects their phishing activities with their merchant credit card activities is an extremely long path, and it takes a tremendous amount of data and sophistication to connect the dots.A number of reporting Web sites take in phishing-type data. We operate reportphish.org where we receive reports primarily about phish but also about spam and other types of fraudulent acts that can be reported to us. You can also register at that Web site and get a unique e-mail address that can then be used to forward your particular reports to us so they are tagged as coming from each registered user.Adrian: What are your viewpoints on filtering?Jon: The problem with the block-it, filter-it strategy that we’ve largely adopted today is that the bad guys only have to get through one time in order to win. If you block them 99 times, they’ll do it 100 times. You’re in a constant arms race in the technology space that inevitably we’re going to lose.We have also been too reliant for too long on the technology without recognising how legal process can reinforce what technology is capable of doing. We may be able to fix one component but three new exploits open up constantly. The overall spam volume on the Internet is still growing, and I don’t see that trend reversing itself for a long time.It goes well beyond spam. The number of new viruses, exploits, keystroke loggers and whatnot are simply getting larger. The criminal enterprise behind it is getting more sophisticated and adept at finding a way to monetise the data that they’re able to capture through these sorts of exploits.Adrian: You mentioned the cyber criminals are moving offshore. What are they doing?Jon: Many of the most sophisticated ones are moving to places where they are physically insulated from law enforcement. They’re looking for places where they can pay off local authorities to provide them protection from criminal enforcers and from extradition.A lot of our work comes down to tying identity to these Internet data points and then marrying that up against pre-existing laws that make these cyber crimes criminal. They’re all violating tax laws. They’re breaking money laundering laws. They’re breaking all sorts of laws on importation of goods. It’s not hard to find something illegal that they’re doing. The trick is knowing who they are.In essence, what we’re trying to do as a world view is create borders, whether they’re technical or physical, that allow us an opportunity to inspect, whether its Internet cyber packets or money transactions.You can tighten up the border and ultimately cut off the border completely. Over the next decade, we’re going to be more frequently facing a real blacklist with certain types of traffic, whether it’s flow of humans, money or information. There are going to be borders that simply aren’t porous and don’t let information through.Adrian: The concept that a country’s Internet traffic would just be blocked is almost a little bit hard to believe. Do you think it will come to that standpoint where the U.S. says, “Dominican Republic, we are shutting you off the Internet until you make sure your country is completely cleaned up, and as soon as you’re cleaned up then we’ll let you back on.”Jon: Sure.The binary decision of turning the valve completely off will happen at the margin but in between all open and all closed, you have an entire spectrum of controls that you can put in place. A lot of that is designed to simply put the cost and obligation to fix the problem on those people who are best-positioned to fix the problem.The post-9/11 world makes everyone as a consumer and as a citizen realise, “I can’t wait for my government to fix all of the problems out there.” As individuals, we have an obligation, a duty, the right and the ability to step up and fix these problems.I don’t know if it will just be a binary decision out of the cold to either fix it immediately or go dark, but there will be those pressures of isolating the problem and putting responsibility on the people who control those access points to clean up their act. It’s just like cleaning up the affiliate model.We couldn’t go after Cyber Entertainment Network until we knew that the Web sites ultimately being advertised were all in one way or another controlled by Cyber Entertainment Network. Once you make that connection, it’s relatively easy to find the ultimate owner and say, “You have a problem. You have to fix it.”Adrian: It’s hard to hear that because these are so many good people here in the Dominican Republic and some of them are just in poverty. This is the kind of stuff that pushes them down even further, but I can see why you do it too.Jon: You can view it as pushing them down, but you can also view it as empowering them. It gives them the power to control their own destiny and the obligation to do it. What we have to avoid is creating systemic mechanisms that encourage and reward races to the bottom, and I’m a little afraid that the Internet as a whole, given the power of anonymity and the ability to do things in an automated fashion, creates at some level, a race to the bottom.For example, good companies are dependent on legal mechanisms to give them the ability to invest hundreds of millions of dollars to develop a new drug, but if they can’t recoup that cost, we’re not going to get new drugs developed. Right now, they are being challenged by bad guys who are selling counterfeits, knockoffs or generics made out of countries that don’t recognise patent rights. These counterfeiters, who before had to sell their goods from the back of a truck, now have access through spam and other types of advertising to billions of eyeballs throughout the world.If you have a systemic problem that is the race to the bottom, you have to find other mechanisms that corkscrew it the other way as races to the top. You have to create jurisdictions that are defined by borders where the borders are defensible and you have to create those jurisdictions with rules that encourage races to the top.Then we defend those systems that serve as a counterweight against these races to the bottom, segregate those jurisdictions that do suffer from races to the bottom, and isolate their problems within themselves so that they are incentivised to clean themselves up to be able to rejoin the rest of the world.Adrian: That’s a fascinating idea. That concept of race to the top is one of the most profound ideas I’ve heard. Where can I learn more about that?Jon: A classmate of mine, Jack Goldsmith, wrote a book called Who Controls the Internet? It provides a refreshing and realistic perspective on how jurisdictions retain power over the dirt they control. It is refreshing to see that even the Internet is subject to those sorts of real politic notions of power and control. There are also some books being written about the economics of cyber security and cyber relationships, such as The Law & Economics of Cyber Security ,Mark Grady ed. 2005. that will drive a lot of this because a lot of these systemic problems are going to be “How can we monetise the value that’s inherent in the Internet?” The Internet may be new, but the concept of trying to build systems that encourage a race to the top and not the bottom is not new.Adrian: Back to your company, how do you specifically help a company?Jon: We use our technology to grab the data. We also have feeds from public and private sector clients that tell us about Web sites and ads. Then we spider the Web to grab all the data we need to get identity. We triage that data and look for commonalities. Then through undercover buys, informal investigative efforts and formal discovery efforts, we obtain real identity on the bad guys and those who are enabling them.It’s designed to work our way towards hard identity on who these bad guys are. We may identify their real names, their real bank accounts, and the real domains they’re using. We identify the merchant accounts that they’re using to process credit cards, and we do that generic triage work on a flat-fee basis for our clients.For example, for X dollars a month, we will acquire the data about a particular drug being advertised in spam, provide to the client our analysis of the top fingerprints that we see in that mass of data and show them a path they can take to identify the responsible persons. They can then hire us to do the additional work required to chase that to its conclusion.As part of our standard fee, we also provide access to all the other information we’ve acquired through any other work. Our clients agree that we can share data we acquire about bad guys with all our clients regardless of which client we acquire it on behalf of. Our clients recognise and agree that cyber crime is a common enemy and that they are best protected when they share information about their enemy across the space.The identity of clients remains sacrosanct. We don’t identify clients publicly except when we’re required to do so in filing lawsuits or through other means. We may tell Client X that Client Y was victimised by the same serial fraudster on the same day and approximately the same time so that Client X and Y can know that there’s someone else interested in catching this person.They then can each make the decision whether they want to join hands through us and either remain anonymous or actually identify themselves to each other and, by combining resources, come up with a strategic solution to the problem far faster than they could ever do on their own.

An Introduction To Cyber-Crime – Cyber Law

Computer crime refers to criminal activity involving a computer. The computer may be used in the commission of a crime or it may be the target. Net-crime refers to criminal use of the Internet. Cyber-crimes are essentially a combination of these two elements and can be best defined as “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly using modern telecommunication networks such as the Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”. [1]In its most simple form, cyber-crime can be defined as any illegal activity that uses a computer as its primary means of function. The U.S. Department of Justice broadens this definition to include any illegal activity that uses a computer for the storage of evidence. The term ‘cyber-crime’ can refer to offenses including criminal activity against data, infringement of content and copyright, fraud, unauthorized access, child pornography and cyber-stalking.The United Nations Manual on the Prevention and Control of Computer Related Crime includes fraud, forgery and unauthorized access in its definition of cyber-crime. Cyber-crime in effect covers a wide range of attacks on individuals and organisations alike. These crimes may include anything from an individual’s emotional or financial state to a nation’s security.There are two main categories that define the make up of cyber-crimes. Firstly those that target computer networks or devices such as viruses, malware, or denial of service attacks. The second category relate to crimes that are facilitated by computer networks or devices like cyber-stalking, fraud, identity-theft, extortion, phishing (spam) and theft of classified information.In order to highlight the scale of cyber-crime globally, the Norton Cyber-crime Report 2011 revealed 431 million adults in 24 countries had been victims’ of cyber-crime in that year. Computer based crime is escalating at an alarming rate. In the report Norton calculated the financial cost of global cyber-crime at $388 billion. This is more than the combined international market for marijuana, heroin and cocaine, estimated at $288 billion. Assuming its current growth rate continues, cyber-crime will soon surpass the entire global drug trafficking market that is estimated to be worth $411 billion annually.Cyber-crimes have expanded to include activities that cross international borders and can now be considered a global epidemic. The international legal system ensures cyber criminals are held accountable through the International Criminal Court. Law enforcement agencies are faced with unique challenges and the anonymity of the Internet only complicates the issues. There are problems with gathering evidence, cross-jurisdictional issues and miscommunication related to reporting.It is widely known that victims of Internet crimes are often reluctant to report an offence to authorities. In some cases the individual or organization may not even be aware a crime has been committed. Even though facilities for reporting incidents of cyber-crime have improved in recent years many victims remain reluctant due essentially to embarrassment.International cooperation is essential if an effective response is to be found against global cyber-crime. No nation can expect to effectively combat the issue alone. Many computer based crimes are initiated ‘off-shore’ and this presents enormous challenges to any nations law enforcement agencies. It is critical that agencies from around the world formulate actionable plans to detect, follow, arrest and prosecute cyber criminals.For example, in the past two years Australia has adopted the National Criminal Intelligence Fusion Capability, a key element of the Commonwealth Organized Crime Strategic Framework (COCSF). This body brings together expertise, data and technology across a range of government and law enforcement agencies and enables international collaboration.The problem of cyber-crime seems almost immeasurable in size. Looking at recent trends and advances in mobile technology and cloud computing we realize it is an ever-evolving and rapidly changing dynamic. There is growing evidence globally of newly formed partnerships between government and industry aimed at prevention. These partnerships create opportunities to share information and bolster law enforcement response to organized Internet-based crime.This sharing of information creates concerns in its self. It is an extremely complex and sensitive issue. A balance must be found in efficiently maximizing distribution of information and protecting it from the organized cyber-criminal element.Cyber-crime covers such a broad scope of criminal enterprise. The examples mentioned above are only a few of the thousands of variants of illegal activities commonly classed as cyber-crimes. Computers and the Internet have improved our lives in many ways, unfortunately criminals now make use of these technologies to the detriment of society.[1] Halder, D., & Jaishankar, K. (2011) Cyber crime and the Victimization of Women: Laws, Rights and Regulations. Hershey PA, USA: IGI Global. ISBN: 978-1-60960-830-9

How Massachusetts General Law 93A Affects Online Businesses – Cyber Law

Massachusetts General Law 93A, titled Regulation of Business Practices for Consumers Protection, is designed to protect those consumers who would otherwise be unaware of their legal rights. Mass. Gen. Law 93A. As it was originally drafted, 93A did not create a private right to sue, an issue which was quickly addressed by the legislature, and now both consumers and businesses can use 93A as a basis for enforcing their rights through private law suit. Unlike some other states, the Massachusetts consumer protection statute provides for an express, rather than an implied, right to sue for businesses who feel they have been victim of a deceptive or unfair act. It is often easy to spot a consumer protection issue with standard businesses, such as: bait and switch advertising, failure to disclose defects, price-fixing, faulty warranty claims and un-bargained for return/refund policies. It becomes much more difficult to determine when a consumer protection claim based upon Mass. Gen. Law 93A exists when the business involved is only involved in electronic commerce, and especially when that business is not located within the state.When evaluating a potential consumer protection claim, it is necessary to keep in mind that the required elements are different for a business and a consumer. A consumer must follow certain procedural and substantive requirements outlined in section 9 of the act. Among other elements, section 9 requires a 30 day demand letter, a showing that they are in fact a consumer, an unfair or deceptive practice, and a showing of damages.Businesses, especially online businesses, differ substantially in their required elements. Section 11 sets out the requirements for a business 93A claim, and requires that a business show:

That they are a “business” – [involved in the conduct of any trade or commerce];
That the defendant engaged in an “unfair method of competition” or the defendant’s actions were “unfair” or “deceptive;”
That these actions occurred primarily and substantially within Massachusetts (the burden is on the defendant to disprove this presumption as a defense); and
That these actions resulted in a loss to the business plaintiff of money or property, real or personal, for money damages to issue; or
That these actions “may have the effect of causing such loss of money or property.”
Mass. Gen. Law 93A
Because of the openness of the internet, and the anonymity involved, it can be extremely difficult to demonstrate that a certain method was either unfair or deceptive. More difficult, especially in the context of an online business, is demonstrating that a certain act has the effect of causing damages or loss. Since online transactions vary in amount and since the market is continually expanding, it can be extremely difficult to demonstrate actual loss, or even potential for loss. Since each element must be present before filing a claim, the prudent advocate will research the facts of the case prior to initiating a 93A claim. Without the properly pled elements, most judges will discard with the case at the first possible opportunity.In addition, online businesses present unique jurisdictional issues that may confuse the use of 93A for consumer protection purposes. In order for there to be any hope of applying 93A to an online business, the “unfair or deceptive act” must have primarily or substantially occurred within the Commonwealth of Massachusetts. When neither the deceptive/unfair act, nor the harm takes place in MA, a consumer protection claim will be barred based upon 93A, even if the victim is a Massachusetts resident or business. In the recent Massachusetts Superior Court case of Fillmore v. Leasecomm Corp., the judge dismissed a consumer protection claim brought by a Massachusetts company against a California company because the allegedly deceptive sales tactics and the unfair contracts were all consummated in California. Fillmore v. Leasecomm Corp., 18 Mass. L. Rptr. 560, 2004 WL 3091642 (Mass. Super. Ct. Nov. 15, 2004). In Fillmore, the plaintiff’s pleadings failed the ‘center of gravity’ test applied for jurisdictional purposes, and the claim was therefore dismissed. When deciding whether or not to file a consumer protection claim in Massachusetts, it is best first to look at the act, the harm and the jurisdiction. The more that occurred within Massachusetts jurisdiction, the more likely the claim will be allowed to proceed. However, Massachusetts courts do find in favor of Massachusetts companies when all the elements, including the jurisdictional ones are met. If a contract was to be performed in Massachusetts, and the damages took place in Massachusetts, then the jurisdictional element will be met and the court will find for the claimant, as the Massachusetts appeals court did in Auto Shine Car Wash Sys. v. Nice ‘n Clean Car Wash, Inc. In Auto Shine, the parties frequently met in Massachusetts, and the misrepresentation originated in Massachusetts. The court held in favor of the plaintiff for double damages, as there was a willful and knowing violation of Mass. Gen. Laws ch. 93A 58 Mass. App. Ct. 685 (Mass. Appeals Ct. 2003).Filing a consumer protection claim presents a substantially increased level of evidence and jurisdiction requirements when your client is a business. Beware of the consequences and potential wasted time you may use when filing a claim without having every element met. Simply because Massachusetts provides for an express right for businesses to file claims, doe not mean that judges will be willing to overlook even the smallest discrepancies in the pleading requirements.

What Is Internet Marketing Law? – Cyber Law

You’ve got the idea, you’ve got the drive, and you have the resources…but where do you go from there? Many Internet Marketers never consider the foundation of their business, instead choosing the “fly by the seat of your pants” approach. It doesn’t work, and many who have tried this approach fall down in flames or file for bankruptcy. Consider this: you know a little bit about building houses, so you decide to build your own. You build your two story house in 3 days, with only the knowledge you have and with as cheap as materials as possible. How long do you think that house will stand up when the window blows, or a hard rain comes? It won’t. Instead, you’ll be looking at a pile of rubble asking yourself what went wrong.What went wrong is you didn’t get the right advice from the start. A study done by the National Federation of Independent Business’ Education Foundation found that nearly 2/3 of all new businesses start in the owner’s home. That is 67%, an astounding number. Of that, only 39% are ever profitable. So what’s the secret to the other 61% that were profitable? Planning. A trusted team of advisors. Luck. And sound legal advice.Internet Marketing generally encompasses any of the following:- Affiliate Marketing
– Article Marketing
– Blogging
– Pay Per Click Ads (PPC)
– Banner Ads
– Social Media Marketing
– E-Mail MarketingIn truth, there is a lot more than just the above. Internet marketing law involves aspects of business law, internet law, advertising law, and even tax law. The types of questions that usually come about are “Is my blog legal” or “Can I buy this domain name and not get in trouble?”. The answer depends on the facts as there is still no clear cut answer. The law has been slow to catch up to technology, so with each passing day more and more questions are being asked and not being answered. So before you jump into the internet marketing business, make sure you contact a trusted advisor.

The Current State of CyberWar in the World – Cyber Law

Drama. Drama is the touchstone for reporting. We have to look well around this particular stone in order to catch a realistic impression of the virtual. We have to look around it even to understand what CyberWar is or how it is defined.When talking about cyberwar, hyperbole & metaphor are the rule rather than the exception. Cyberthis, cyberthat – you may have noticed that the virtual world is inhabited by nouns and verbs taken from the material world, and that images of cyberthings in the news tend to have dramatic pictures of physical things rather than the electrons that make up the cyberworld. Images of coins inhabit stories of purely virtual cryptocurrency, such as BitCoin. Perhaps Physics journals, where readers actually are interested in the electrons and the math of the cyberrealm, are the exception to this rule.But when we read stories of cyberwar, we see pictures of soldiers, firearms and materiel accompanying the story. When we read of the people sitting at desks and computers to figure out how to hack and not be hacked, we call them CyberWarriors and pictures of men in flak jackets and helmets accompany these stories. I wonder what CyberItem will be accompanied by pictures of tanks and bombers.Aside from the dramatic illustrations and photos, what is CyberWar? In 2010, Richard Clarke, former Special Advisor to the President on cybersecurity defined cyberwarfare as “actions by a nation-state to penetrate another nation’s computers or networks for the purposes of causing damage or disruption.” The salient point being that a nation-state must be identified as the offender. If this is true, then we have apparently been already involved in years-long cyberwars, with attacks both from and to/on China, Russia, the USA, Israel, Georgia, Ukraine, the Koreas, Syria, Iran, Estonia and more. And though countries always deny it, there have been clear indicators, tantamount to proof, that these countries have set their digital attackers on one another’s networks, computers, and data. Damage to said networks, computers, and data has ensued.So certainly, there have been cyberattacks on and by states. But is it CyberWar? Dr. Thomas Rid, Professor of Security Studies at King’s College says that there is no Cyberwar. He tends to define cyberwar in terms of physical infrastructure catastrophes – scenarios where water stops “flowing, the lights go out, trains derail, banks lose our financial records, the roads descend into chaos, elevators fail, and planes fall from the sky.” And he says it not going to happen. In fact, he has a 2013 book named, “Cyber War Will Not Take Place.”.Others are not so sanguine about the subject and possibilities. In the United States, amidst falling government spending in most areas, the Cyber Command budget is skyrocketing. It has nearly doubled year-over-year: $118 Million in 2012, $212 Million in 2013 and $447 million in 2014. That buys a lot of electrons, a lot of code, and a lot of cyberwarriors (sans flak jackets). These increases are leading to similar, albeit not as dramatic inflation of cyberbudgets in other countries.With all the cybertools at hand and those being created, won’t someone be tempted to use them? Is CyberWar inevitable, or is there a way out? It’s a question that ethicists are taking seriously. Big thinkers like Patrick Lin, Fritz Alhoff and Neil C. Rowe have coauthored several articles, such as Is It Possible to Wage a Just Cyber War? and War 2.0: Cyberweapons and Ethics to explore alternatives. There exist laws of (conventional) war and there must exist similar guidelines for cyberconflicts. Yesterday is not too soon to begin looking seriously at these issues.When we try to answer the phrase that is the title of this article, it must needs be all over the map, because the definition of cyberwar is, like this article, all over the map. It is actually and literally all over the globe. The definition of cyberwar differs from country to country and from organization to organization. An article entitled (full metaphors flying), The Wild West of Cyberwarfare attempts to seriously denote such differing ideas on the subject, its title notwithstanding. Its discussion is useful, but its conclusion is necessarily amorphous.The 302-page Tallinn Manual is the result of a three-year study by experts on the subject that attempts to set such definitions. It can be read for free. But the conclusions reached herein are not adhered to by all potential parties to cyberconflicts.Well then, what is the best answer we can give to the state of CyberWar in the world? Cyberattacks are rife, worldwide. They are carried on by multiple state actors and by stateless ones. They are carried on by state actors who pass the blame off on other states and on stateless actors over whom they claim to have no control or input, but who are nevertheless politically aligned. They are carried on by hacktivists, who seek political change through disabling or defacing sites, networks, and information. They are carried on by those with a pure profit motive. And they are carried on by ne’er-do-wells who just find joy in minor mayhem.All such attacks are increasing, although the great majority remain relatively unsophisticated acts such as Distributed Denial of Service (DDoS). However, there is little evidence that much in the way of physical infrastructure is affected. There is little evidence that people are being physically harmed through such attacks. It is unknown whether such events will actually come to pass.Dr. Rid says they won’t. Drs. Lin, Alhoff and Rowe are pointing the way to avoiding such harm. Richard Clarke and former Secretary of Defense, Leon Panetta, say it’s inevitable and we must prepare – to the tune of hundreds of millions of dollars.Albert Einstein famously said, “You cannot simultaneously prevent and prepare for war.” Let us hope that in the case of Cyber war, he was incorrect.

Hacking Expert Witness: US Charges Eight in Hacking Scheme – Cyber Law

This allegedly began in 2011, when several accounts in banks such as: Citibank, JP Morgan Chase, PayPal, the U.S. Military Defense Finance and 11 other banks had their accounts compromised. Once inside these accounts, the hackers setup a payment which was sent to several pre-paid debit cards. The pre-paid cards were then used by an accomplice (aka “cashers” or “money mules”) to make ATM withdrawals or purchases to convert the card into cash.From here, the cashers took a small cut for themselves, while sending the bulk of the money to their employer via a wire transfer.They managed to avoid detection for some time by keeping the transfers below the $10,000 threshold set by the anti-money laundering laws of the U.S. However, they routinely made payments of $9,900. A $10,000 transaction sends up a big red flag, a $9,900 transaction sends up a smaller red flag. It is these multiple $9,900 amount transfers along with a Gmail account the defendants use to talked with others about the scheme that was their downfall. In addition to the discussion about the scheme, there were many emails in this account that detailed the transfers to and from many of the banks. Currently only four (4) of the eight (8) defendants are in custody, the other four (4) remain at large. They are charged with: conspiracy to commit wire fraud, conspiracy to commit money laundering, and conspiracy to commit identity theft. If convicted, each of the defendants will face large fines, and up to 55 years in federal prison.How these eight managed to hack into these banks is still unclear, but there is another case known as the Trident Breach which used similar techniques. Hackers used a computer virus known as “ZeuS” to hack into over 400 different companies and organizations, making off with over $70,000,000 (Seventy Million Dollars). This virus helped the perpetrators gain access to the victim’s bank accounts. They would then syphon off the money and transfer it to bank accounts held by their cashers. The Trident Breach was pulled off by foreign students living in the United States, holding student visas. These cashers would then wire the money to Eastern Europe via wire services or MoneyGram. money wiring services and MoneyGram are one way streets. Once the funds have been sent, they cannot be recovered. They are gone, never to be seen again.

Cybercrime Has Become Epidemic Worldwide and Your Risk of Becoming the Next Victim Increases Daily! – Cyber Law

Identity theft, cyber bullying, and other computer crimes are at an all time high. Never have so many been at risk of becoming the next victim. A cybersecurity crime can occur any hour of the day or night on anyone’s Internet system by some unknown person either within a company, by someone halfway across the world, or even by a vindictive family member.Recently, several Hollywood celebrities have had their cellphones hacked. Their personal information, photos, text messages and emails were compromised. In the past year, several banks, insurance companies and government offices as high as the Pentagon have been hacked. Important information was stolen.According to John Jorgensen, CEO of the Sylint Group, hackers have made Florida, where several hundred-thousand elderly have retired, the second highest state of computer crime. Theft of trade secrets has increased by 100% annually, and 80% of this cybercrime is perpetrated from within the company. Trojans and computer worms infect systems and steal personal and company information.If you’re reading this, your unprotected equipment is at risk; 70% of all laptops stolen are stolen for their information value, not their physical value, and 68% of wireless networks are unprotected. Identity theft accounts for less than 20% of all cybercrime. Think you can find the perpetrator and sue? Think again. Only about 7% of cybercrime is prosecuted and law enforcement cannot protect you.The entire month of October is National Cyber Security Awareness Month. Sponsored by the Department of Homeland Security in cooperation with the National Cyber Security Alliance (NCSA) and the Multi-State Information Sharing and Analysis Center (MS-ISAC), the aim is to bring awareness of the increasing dangers of cyber crimes, not only to our national government organizations, banks and other major American corporations, but to each individual user of the Internet.The theme this year is “Our Shared Responsibility” and is meant to reflect how interconnected we are to everyone in our highly technical, modern world. Although the government’s goal is to encourage hundreds of forums on the issues in schools, colleges, universities and businesses throughout the country, each of us can do our part, either within our family unit, or even in a neighborhood forum via a potluck dinner or barbeque.Don’t think you’re not at risk! If you use a home PC, a notebook, an iPad or iPhone or any other piece of equipment that connects you to cyberspace, your files can be hacked. If you use the free wireless connections at hotels, Starbucks or any other gathering place, you’re at serious risk. Your system can be easily hacked, your identity stolen, and your financial information gathered and sold to criminals worldwide. You can become the victim of cyber bullying. Devises used by government and military officials and private detectives are also used by cyber criminals. Make it your goal right now, today, to learn all you can about protecting yourself and your family members. Discuss the problems with your children of all ages. Learn about password protection, encryption, proper erasure of files, anti-virus and anti-spy software, staying safe on social networks, and a host of other vitally important security measures. Go to the following government website at this URL and spend an hour arming yourself with knowledge. Knowledge is empowerment. Take charge of your personal and business use of cyberspace.Remember… this is “Our Shared Responsibility.”Here are a few simple things you can do to practice cybersecurity during National Cyber Security Awareness Month and throughout the year:
Download tip sheets on how to stay safe in a variety of online settings: on social networking sites, on gaming sites, on your mobile device, and distribute them within your community.
Add a signature block to your e-mail: “October is National Cyber Security Awareness Month. Stay Safe Online! Visit www.staysafeonline.org for the latest cybersecurity tips.”

Who Are Business Lawyers? – Cyber Law

When you do business you do not earn money whereas you generate money. You are responsible for the earnings of many people in a way you provide for the bread and butter of many houses. When you take responsibility for so many people you need to be linear with respect to rules and regulations. In fact you need to be adept at so many things only then can you sail smoothly.You need to be a juggler who can juggle two or three skills at a time. You need to know the tax, law, sales, marketing, purchasing, inventory etc. For all this you need to know the law. You need to be bound to law and be adept at it. Business lawyer if you appoint then he can ease much of your load and give you some relief. Business lawyer is a very broad term though.Legality is the back bone of any business. You need to take care of many aspects as a legal advisor. Let us see some of them in short1) Property acquisition–first and foremost the business property whether bought or rented must be legally viable. The appropriate documents are made by the business lawyer.2) Legal documentation-the business certification required for its running is bone by the business lawyers.3) Patent-if you require taking a patent for your product then business lawyer advices you the legal proceedings.4) International standardization certificate-lawyers help you in getting the standardization certificates.5) Contracts-job conditions and contracts between the employers and employees are done by business lawyers. Breach of contract is dealt with by them.6) Partnership deals-again chalked out by the lawyers. The clauses of partnership chalked out by them.7) HR(human resource)-rules and regulations between the employees. Rules for internal smooth working. Conditions if there is a breach in understanding.8) Authentication of the project. if any new projects are taken up by the company.9) Bankruptcy laws-these are chalked out initially itself for both company and the bankers. Clauses of understanding are drawn.10) Blue law-this law is especially observed in US and Canada to take into account religious aspects in work like holidays on Sundays and Christmas etc. If unavoidable then compensation in what form is chalked out.11) Cyber law–new law that is gaining importance. This ensures the security and privacy options of cyber sites. Also deals with the ethical and unethical hacking.12) Duress-deals with any act of injustice or compulsions from both sides employee and employer.13) Corporate law-clauses of corporate working and their requirements and fulfillment are taken care of.14) Lien-security offered by company in exchange for some services or utilities and the terms and conditions of it.15) Retirement laws-benefits a person gets on retirement, age, planning for retirement are all taken care of.It is not easy running a business. However small it is always an empire because you are the sole master who runs the show.