Trespassing In Cyberspace Essay Example for Free

Trespassing In Cyberspace Essay Introduction This paper will focus on one of the most contentious issues in cyberlaw, such as trespassing in cyberspace. While the issue of trespass as a sort of offense against a person or against property is carefully regulated in the majority of jurisdiction, the question whether trespass as a phenomenon can actually exist in cyberspace is a subject of heated debate. Thus, in-depth analysis of this question will help to understand its significance in the broader context of cyberlaw. Definition Under common law, trespass happens when a person intermeddles or performs unauthorized of another person’s property (Quilter, 2002). Pending the consensus among scholars concerning a clear-cut definition of trespass in cyberspace, courts and researchers often have to apply reasoning by analogy to analyze such cyberlaw cases: ‘The concept of trespass in cyberspace depends heavily on a conception of a web site or mail server as ‘property’ from which, like land, the owner ought to have the right to exclude others’ (Merges, Menell Lemley, 2006, p.928). One of the concepts that is most widely applied to cyberspace trespass cases is the concept of trespass to chattels, chattels being is defined as tangible property (not to be confused with real property and intellectual property). Trespass to chattels is a tort action under certain circumstances: ‘The tort of trespass to chattels traditionally requires proof not just that the defendant ‘intermeddled’ with a chattel, but that the defendants use actually caused injury to the chattel or injured the owner by depriving it of the benefit of using the chattel’ (Merges, Menell Lemley, 2006, p.923) However, the latter thesis is a contentious one, and further discussion of this issue will happen in the ‘Notable Cases’ section. The scholars argued that there are many concepts than need careful legal reconsiderations in the Information Age before any analogies with real property or chattels can be brought into the discussions. These concepts include, but not limited to, the notion of Intent, Entry, Property, and Permission (Adida et. al., 1998). Yet the idea of applying the doctrine of trespass to chattels to cyberspace turned out to be surprisingly appealing to judges: ‘Notwithstanding scholars’ early suggestions of its inappropriateness, courts have rushed to resurrect the late, largely unlamented, tort of trespass to chattels, and apply it to the new cyberspace arena’ (Cranor Wildman, 2003, p.13). At present, most scholars agree that the doctrine can be applied to such issues as spam and spidering when actual orb potential harm has been caused to a plaintiff. Legal Basis The foundational document that governs electronic transactions is Computer Fraud and Abuse Act of 1984 (CFAA). Computer Fraud and Abuse Act such issues with data integrity as in the situation when an offender breaks authorization rules instituted by an organization with a view to gaining access to protected information, such as information contained in a financial record of a financial institution, or of a card issuer. It also established penalties for acts or attempts to encroach on secret governmental information. However, the applicability of this Act can be made possible by proving that data and information resources can be regarded as chattels. Nowadays, it is an accepted fact in the legal practice, which was established by a series of legal precedents. Notable Cases In Thrifty-Tel v. Bezenek, it was established that electronic signals can be regarded as property due to the fact they are physical and tangible in nature. The analogy used in the case was the comparison of electronic signals to real property not chattels. Trespass to chattels first appeared in the case CompuServe v. CyberPromotions, which was a span case (Quilter, 2002). In United States v. Seidlitz, confidential software was illegally obtained by an employee by tapping into the work session of a previous worker. In this case, federal law was applied only because of an accompanying circumstance. Several  telephone calls the employee made to accomplish his aim were made across state lines.  Otherwise this employee would have had to be prosecuted under one state’s wire fraud legislation (Adida et. al., 1998). In United States v. Langevin, ex-worker of the Federal Reserve Board committed a similar offence. Being a financial analyst at the time when the offence was perpetrated, he tried to access the file containing protected data on money supply. Again, the applicability of federal legislation was made possible solely because of telephone calls made in the manner similar to the previous case (Adida et. al., 1998).    Another notable case, Intel v. Hamidi, was won by the defendant as the California Supreme Court ruled that Ken Hamidi did not commit an act of trespassing Intel’s computers by sending messages to its employees. After being fired from Intel in 1995, Ken Hamidi sent six emails to thousands of Intel’s employees with bitter criticism of the company’s policies and employee treatment. These messages did not result in physical damage on the company’s computer systems or failure of its networks or computer services. However, Intel decided to press charges against Mr.Hamidi accusing him of trespass. Intel claimed that workers were distracted and distressed as a result of disappointing emails, which further led to loss of productivity: ‘Intels position represents a further extension of the trespass to chattels tort, fictionally recharacterizing the allegedly injurious effect of a communications contents on recipients as an impairment to the device which transmitted the message’ (Epstein, 2004, p.15). Yet the court sided with the defendant on the grounds that no actual harm has been caused to Intel’s computer system: ‘The California courts have rejected trespass to chattels claims in the absence of evidence of actual harm to the chattel in question the computer server†¦ because the trespass to chattels tort†¦may not, in California, be proved without evidence of an injury to the plaintiffs personal property or legal interest therein.’ (Merges, Menell Lemley, 2006, pp.925-926). The significance of this case lies not only in the perceived victory for those who endorse cyberspace rights and fair labor relations. The case established a standard for legal reasoning in the cases of the like nature: ‘The decision noted that calling distressing content of a message a ‘trespass’ on the computer was as wrong as claiming that ‘the personal distress caused by reading an unpleasant letter would be an injury to the recipients mailbox, or the loss of privacy caused by an intrusive telephone call would be an injury to the recipients telephone equipment’’ (Electronic Frontier Foundation, 2003, para.3). The case eBay, Inc. v. Bidders Edge, Inc. is important for the discussion because it expanded the concept of trespass to chattels to spidering. Spidering is widely used by search engines to track information on Web serves. Bidder’s Edge was an auction aggregator that collected information from different auction sites, put it together in its own data bank, and then offered the information on demand as a to consumers looking for a certain item. eBay pressed charges against this company on the basis of trespass to chattels because of the company’s spider activity. The evidence of real harm resulting from Bidder’s Edge’s spidering was not allowed in the court, but the presence of potential harm was sufficient to rule that Bidder’s Edge was trespassing eBay’s information resources (Quilter, 2002). Other cases decided on the same grounds as are TicketMaster v. Tickets.com92 and Register.com v. Verio (Quilter, 2002). Impact While there is little discussion as to the benefits of application of trespass theory to spam emails, the issue is not that clear when it comes to spidering. It is widely believed that all the recent cases concerning trespass in cyberspace had far-reaching implications. Some scholars believe that the application of trespass to chattels doctrine to spidering may be detrimental to the development of e-commerce services: ‘While the promise of ecommerce is to improve consumer information and lower transaction costs, under a trespass theory many of those benefits will disappear’ (Merges, Menell Lemley, 2006, p.924). From the customer’s perspective, eBay’s victory was hardly beneficial for those seeking quality service: ‘AuctionWatch [a website run by Bidder’s Edge] was a better product for consumers than eBay, since it covered more auctions. However, eBay succeeded in shutting it down using the trespass to chattels tort. Any type of innovative aggregation product is subject to the same problem’ (Cranor Wildman, 2003, p.21). However, arguing against the doctrine of trespass in cyberspace from the position of customer’s satisfaction is not the most effective stance. In any legal case, there is a variety of stakeholders involved. The purpose of legal settling is to satisfy the demands of a plaintiff (if they have reasonable grounds) on the basis of existing laws and regulations. Companies operating in cyberspace merit protection just like customers do. Conclusion Despite the ongoing debate on the applicability of the concept of trespass to cyberspace offences, legal practice has already legitimized the relevance of certain common law doctrines (i.e. trespass to chattels) to such cases. Following the analogy with trespass to property such as land or personal possessions, courts have decided a series of exemplary cases based on the reasoning that electronic signals are physical and tangible enough to be regarded as property. References Cranor, Lorrie F., Steven S. Wildman. Rethinking Rights and Regulations: Institutional Responses to New Communications Technologies. Cambridge, MA: MIT Press, 2003. Epstein, Richard A. Cases and Materials on Torts, 8th ed. Rockville, MD: Aspen Publishers, 2004. Merges, Robert P., Menell, Peter S., Mark A. Lemley. Intellectual Property in the Technological Age, 4th ed. Rockville, MD: Aspen Publishers, 2006. Adida, Benjamin, Chang, Enoch, Fletcher, Lauren B., Hong, Michelle, Sandon, Lydia, Page, Kristina. ‘The Future of Trespass and Property in Cyberspace.’ 10 December 1998. June 19, 2007. http://cyber.law.harvard.edu/courses/ltac98/final.html Electronic Frontier Foundation. ‘California Supreme Court Sides With Email Pamphleteer: Intel v. Hamidi Decision Protects Internet Speech.’ June 30, 2003. June 19, 2007. http://www.eff.org/spam/Intel_v_Hamidi/20030630_eff_hamidi_pr.php Quilter, Laura. The Continuing Evolution of Cyberspace Trespass to Chattels. 2002. June 19, 2007. www.law.berkeley.edu/institutes/bclt/pubs/annrev/exmplrs/final/lqfin.pdf

Love Your Enemies :: English Literature Essays

Love Your Enemies Jesus said, â€Å"You have heard that it was said, ‘An eye for an eye a tooth for a tooth.’ But now I tell you: do not take revenge on someone who wrongs you. If anyone slaps you on the right cheek, let them slap your left cheek too†¦ love your enemies and pray for those who persecute you.† Is it possible to follow this teaching of Jesus today? The answer is yes, conveying this teaching is possible. There are still some people who do live in this way. One person who lived this way was Mohandas Gandhi. Gandhi was a man of peace from India. By no means did Gandhi resort to violence. Gandhi showed that the powerless had power. He never fought back instead he would sit and pray. Gandhi always wanted equality and peace among everyone. If someone were harm in any way, he would have never turned and hurt them. Instead he would have prayed or just ambled away. Although with his courageous words and actions he was a very powerful person he still could not control the decisions and actions of others. Gandhi once said,†I have no strength, save what God gives me. I have no authority over my country men, save the purely moral." Like many of our brave and peaceful leaders Gandhi was also assassinated. He died on January 30, 1948. Everyone should be more like Gandhi. Everyone should be kind and peaceful and then the world may be an easier place to live in. It’s not an easy way to live because you often act or even speak before you act. Several people often do things without thinking. It’s human nature. For example if person ‘A’ were to clout person ‘B’, person ‘B’ would automatically strike back. This is unquestionably not what Jesus would do. There is only very few people who would actually just turn the other cheek or walk away. Instead everyone else would probably do the same or even worse than what the other person did. Another way we can follow this philosophy is by, as Jesus said, â€Å"Do unto others as you would have done unto you.† Think about this, no one would want someone to harm them, emotionally or physically, and the other person probably feels the same way. Verbal abuse, talking about others, judging others also part of this. This damages others, and it’s hard not to do this because everybody does it but just because everybody does doesn’t make it right.

Cat in the Rain Essay

Cat in the Rain is a short story about an American couple on vacation to Italy. They are in their first year of marriage. The husband has a dismissive attitude towards the wife and the wife always wants more. In the story the couple has a lot of selfishness going on in their relationship. The husband ignores his wife’s needs and the wife and the wife is not satisfied with her husband. The theme of this story has a lot to do with loneliness in the couples’ relationship. In this story the American couple is trapped in their hotel room with nothing to do because of the raining weather. The husband wants to read and ignore his wife. So the wife is looking out the window and sees a cat crouched from the rain. She wants to go downstairs and get the cat. She tells her husband about it and he shrugs it off. The wife goes down herself and the story talks a lot about how she likes the inn keeper. I find that this part of the story most affected me when the husband ignored his wife’s wants and needs. She really wanted that cat because it was something for her to do and feel good about. Her husband obviously doesn’t satisfy her which makes her feel lonely and the cat would keep her company. The wife in this story wants to feel appreciated and loved like any other woman would. Being married for their first year is beginning to be hard for them. Hemingway tries to tell about a first marriage of a couple he once knew and how hard it is for some to always keep that happiness. Couples always have disagreements but should never feel alone. A husband should not ignore his wife’s needs and in this story that is what he does instead of trying to satisfy his wife. Close to the ending of this story the wife was not able to find the cat. She came back in the hotel room very sad. She tries to tell her husband but he does not listen. She starts complaining about what she wants to change about herself. She wants â€Å"her hair to be long so she can brush it† and she wants a cat. The husband can only say that he likes things the way they are. He tells her to shut up. He does not care what the wife’s needs are or what she wants. He does not want to listen and he just wants to read which is what he wishes she would do. This part of the story really interested me because I could not get as to why the husband doesn’t respond to what she asks for. The wife desperately wants attention and he is not giving it to her. The story of the American couple explains a lot about how the wife tries to get attention from the husband. Hemingway talks about a cat but behind that cat this story means more. The lack of attention her husband gives her may make her feel that she is restricted on expressing herself and keeps most of her feelings inside. The cat stays compact to stay dry outside, which is how the wife feels she has to be with her husband to make him happy. She hides herself constantly from him. In this story it relates to her as American wife and never tells her name. This kind of says that she is nothing but an American wife which is exactly how she feels. Hemingway had a unique way of telling the story but the way he told it had a lot of meaning to it. He showed the couples loneliness in a different way.

The Character of Richard III as Shakespeare Presents Him...

The Character of Richard III as Shakespeare Presents Him to Us Shakespeare presents Richard to us in a very negative way. Richard is portrayed as an evil person who is attracted to the power that the throne could bring him and would take whatever risk is necessary. Driven by his need for power he manipulates and murders his way to the throne. Richard shows himself as a manipulator right from the start of the play. He tricks Clarence and makes him think that he has nothing to do with his arrest. But whats the matter Clarence? May I know? Clarence is the first person that Richard manipulates in a long line of victims. Richard also successfully manipulates Anne. He manages to get her to marry†¦show more content†¦Richard after Buckingham has walked of calls him back and accepts the throne. How far I am from the desire of this. Richard with the help of Buckingham does brilliantly here to change the minds of the on looking mayor and citizens. Richard also cleverly manipulates the Lord Mayor. He does this by pretending that Hastingsposes a threat to everybodys safety. Look back, defend thee, here are enemies! However his attempts to manipulate people are not always successful. Towards the end of the play Richard seems to have lost his touch. Prince Edward realises that Richard is not telling the truth. God keep me f rom such false friends, but they were none. This is also true when Richard tries to persuade Queen Elizabeth to help him marry her daughter. But how long fairly shall her sweet life last?......As long as hell and Richard likes of it. Richard has failed to convince the Queen but he is not aware of this. He also fails to manipulate Lord Stanley. Richard kidnaps his son hoping that will be enough to secure his loyalty, however it was not and he had to face him in battle. My lord he doth deny to come. Richard even though he threw the throne away had to be very clever to get to the position in the first place. It took great judgment of time and carefully crafted plans to succeed. The way that Richard managesShow MoreRelatedWilliam Shakespeare s King Richard IIi1258 Words   |  6 PagesRichard: What have you done to me! Shakespeare: My historical tragedy â€Å"King Richard III† is just my dramatic presentation of your exploits in your bloody pursuit of the throne. Pacino: My postmodernist docudrama â€Å"Looking for Richard† is my modern interpretation of Richard III. My attempt to establish connections that enhance our understandings and interpretations of our respective contexts, ideas and values, primarily involving the representation of the human condition through the character of RichardRead More Shakespeare on Machiavelli: The Prince in Richard III Essay1491 Words   |  6 PagesShakespeare on Machiavelli:   The Prince in Richard III   Ã‚  Ã‚   According to many, Shakespeare intentionally portrays Richard III in ways that would have the world hail him as the ultimate Machiavel.   This build up only serves to further the dramatic irony when Richard falls from his throne.   The nature of Richards character is key to discovering the commentary Shakespeare is delivering on the nature of tyrants.   By setting up Richard to be seen as the ultimate Machiavel, only to have himRead MoreEssay about Discrimination Exposed in The Tempest1119 Words   |  5 Pagesthe representations of characters such as Caliban, Prospero etc.   During Shakespeares time social classification was much more rigid than today and some members of society were considered superior to other members. Shakespeare attempts to provide an example of this rigid social structure. Shakespeare illustrates how superior men differentiated themselves from lesser beings on the basis of race, financial status, and gender. Through the characteriza tion of Prospero, Shakespeare provides an example ofRead More The Evil King in Shakespeares Richard III Essay1888 Words   |  8 PagesShakespeares Richard III Richard is an actor, a fully evil actor, who through his mastery of the stage has come to appreciate his skill. Richard Moulton, in his Shakespeare as a Dramatic Thinker, proclaims Richards wonder at his own command of the stage: Richard has become an artist in evil: the natural emotions attending crime-whether of passionate longing, or horror and remorse-have given place to artistic appreciation of masterpieces (40). And Robert Weimann, comparing Richard GloucesterRead MoreEssay about Richard as an Anti-hero1000 Words   |  4 Pages Richard as an Anti-hero: To what extent does Richard embody this archetype? In William Shakespeare’s play, Richard III, Richard is portrayed as physically deformed and psychologically affected. It is believed that his inner soul is a reflection of his physical deformities. Richard is considered as the protagonist of this play, however this is highly contradictive. A protagonist is the hero of the story who exhibits characteristics of courage and perseverance, and is admired for their brave deedsRead MoreKing Richard Iii and Looking for Richard Essay2197 Words   |  9 PagesThe texts King Richard III and Looking for Richard both accept the centrality of power and the yearning for it, as a central plot driver and an assumed part of the human condition. However, each presents a different perspective as to the nature of power; its origins and morality. Discuss this statement with close, detailed reference to both texts set for study. Power is defined as the possession of control or command over people and events. In Shakespeare’s play ‘King Richard III’, the centralityRead MoreEssay on Construction of Characters2044 Words   |  9 Pagesconstruction of characters and other logistics behind the text itself, but also aspects of the society which gave birth to it. It is an impossibility to effectively or accurately transform a text to meet the requirements placed on it by contemporary values while concurrently retaining representations of the â€Å"parent† society, without fully understanding the driving mechanics behind the social order (or disorder) from which the context is derived. Although at first glance the Makellan/Locraine’s Richard III seemsRead MoreEssay on Richard III as a Successful Politician2410 Words   |  10 PagesRichard III as a Successful Politician Shakespeares Richard III is set in England after the War of the Roses. Richard, the megalomanic eponymous character, is desperate for the throne of England. He tells us that he seeks the crown to compensate for his deformity (he was a hunchback from birth). Richard has his own brother killed and later has former allies and those who still stood in his way killed also. When Richard eventually gainsRead MoreA Midsummer Nights Dream And Richard II Vs Othello Essay1379 Words   |  6 PagesThis paper will examine the treatment of women in William Shakespeare’s one or two plays: A Midsummer Night’s Dream and Richard II vs Othello. In Midsummer Night’s Dream, we encounter four main female characters who come from three different backgrounds. It is a play that shows a good picture of woman’s lack of freedom. It is a story of several couples about of which there is a fairy king, Oberon, who proves his dominion over the queen of the fairies. There was a conflict between Oberon and TitaniaRead More Portrayal of Utopia in The Tempest Essay example1652 Words   |  7 PagesPortrayal of Utopia in The Tempest      Ã‚  Ã‚  Ã‚   In The Tempest, Shakespeare allows the audience to appreciate the possibilities of utopian society and whatever this may posses.   Being the good, and bad so that they can see that problems can arise in such a society. The Tempest can be thus seen as a window into the dimensions of utopian societies. While his characters take on the role of the leaders of the utopian societies, Shakespeare uses his creation to portray the social questions and beliefs of