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This Week
 Privacy and Identity: Spam? Final comments
 IP: Markets, Technologies, etc.
 Move towards Computer Reliability and Misuse

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˜
 Discssi

 Dou have been asked, by a Government official, to create
a database containing personal data.

 What will your 3 most important questions about this

database be?


     
  

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!e s
 I
 i


 ‰Ministers claim the [Giant database] will only be used in terrorist cases, but there is
now a long list of cases, from the arrest of Walter Wolfgang for heckling at a Labour
conference to the freezing of Icelandic assets, where anti-terrorism law has been used for
purposes for which it was not intended.‰
 ‰ ur experience of the Regulation of Investigatory Powers Act suggests these powers
will soon be used to spy on people's children, pets and binsµ. (BBC News, 15 ctober
2008).

r
    
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Ide i
C ds
 ´ has an Information Commissioner
 independent authority set up to promote access to official information and
to protect personal information
 Two main aims: (1) To ensure that public information is available to all,
unless there are good reasons for non-disclosure; (2) To ensure that personal
information is protected
 Information Commissioner expressed concerns over
Identity cards
 The creation of this detailed data trail of individuals· activities is particularly
worrying and cannot be viewed in isolation of other activities [..] such as
CCTV surveillance (with automatic facial recognition), use of automatic
number plate recognition [..] and the proposals to introduce satellite
tracking of vehicles for road use charging purposes.

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Ide i
C ds
 Identity Cards Act 2006
 Personal information
 (a) his full name;
 (b) other names by which he is or has been known;
 (c) his date of birth;
 (d) his place of birth;
 (e) his gender;
 (f) the address of his principal place of residence in the ´nited ingdom;
 (g) the address of every other place in the ´nited ingdom or elsewhere where he has a
place of residence.
 þ  
 Identifying information
 (a) a photograph of his head and shoulders (showing the features of the face);
 (b) his signature;
 (c) his fingerprints;
 (d)    
 '            
 
 !

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Ide i
C ds
 Identity Cards Act 2006
 For the purposes of this Act something is necessary in the public
interest if, and only if, it is³
 (a) in the interests of national security;
 (b) for the purposes of the prevention or detection of crime;
 (c) for the purposes of the enforcement of immigration controls;
 (d) for the purposes of the enforcement of prohibitions on unauthorised
working or employment; or
 (e) for the purpose of securing the efficient and effective provision of
public services.
 6
    "  

 27 May 2010, Identity Cards scrapped within 100 days m
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!e s
 I
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 6istorically: Jackal Passport Scam
 Easy to get a false identity (Forysth·s Day of the Jackal, 1971)
 Finding a baby who died very shortly after being born, buy copy
of birth certificate, use to apply for a passport
 Birth and death records not linked
 Technique reportedly used by GB and IRA
 2003, ´ Government implementing database to link birth and death
records at the ffice of National Statistics ( NS)
 2006, ´ Passport Service linked to NS
 2009, supposedly impossible to do this?
 Detection?
http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/newzealand/8004279
/New-Zealand-MP-obtains-passport-in-Day-of-the-Jackal-stunt.html
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ü e s 
  N i
 ID C d (US)

 For
 Current ID cards are second-rate
 Would reduce illegal entry to ´.S.
 Would prevent illegal aliens from working
 Would reduce crime
 ther democratic countries have national ID cards
 Against
 No card positively guarantees identification
 No biometric-based system is 100% accurate
 No evidence it will reduce crime
 Makes government data mining simpler
 Make law-abiding people more vulnerable to fraud and indiscretions
p
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 ¢ #$ " 

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e ! ivc
Risks
 ´S National ID Card System

 The system could allow access to your:

 Medical information.
 Tax records.
 Citizenship.
 Credit history.
 Much more«

        

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D  Vii
 Data mining (h processing?)
 Searching for patterns or relationships in one or more databases
 Generate new information through inferences from old
 Consider e.g. Supermarket loyalty cards; Amazon Recommender
 Natural Language Processing (NLP) for % 
  %about people, places and other things
 ¢  &information collected for one purpose used for
another purpose
 Suppose airline passengers were profiled using the books they had
purchased ««
 "       

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T
 I
 i
 ü  eess

 Proposed by Information Awareness ffice of ´.S. Defense Advanced Research
Projects Agency (DARPA)
 Goal: identify terrorists
 Means: capture ´   µ and look for   ' 

  
 Financial, medical, communication, travel, and other records examined
 Criticisms
 Large security and privacy risks
 Increase risk of identity theft
 No ability for citizens to check data reliability (c/w DPA subject access
exemption)
 May hurt competitiveness of ´.S. companies
 Identity theft introduces noise into database
 False positives could unfairly target millions of Americans
 nowing about TIA will change people·s behavior
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is C ie d Sec i

 ´ : Anti-terrorism, Crime and Security Act 2001

 Powers to stop and search
 Powers to retain communications data
 Powers to seize finances
 A person who aids, abets, counsels or procures, or incites, a
person who is not a ´nited ingdom person to do a relevant
act outside the ´nited ingdom is guilty of an offence
 !      

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is C ie d Sec i

 What if your name turned up on a ´Watch Listµ?

 Terrorist watch list screening involves comparisons based on personal-
identifying information such as names and dates of birth.
 Potential to generate misidentifications³   

   %
         .
 Terrorist Screening Center data indicate that about    
  
   sent to the center between December
2003 and January 2006 for further research   
  
´S Government Accountability ffice

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U i
he is W chi Y

 ´S Federal Government Databases
 Purpose:
 Determine eligibility for jobs and programs.
 Reduce waste.
 Detect fraud.
 Law enforcement.
 Regulations:
 ´S Privacy Act of 1974.
 ´S Computer Matching and Privacy Protection Act of 1988.


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ec i ! ivc
 Edc i

Tech


d V ke s
 Education
 Must include awareness of:
 6ow the technology works.
 6ow the technology is being used.
 The risks brought on by the technology.
 6ow to limit unwanted use of personal information.
 Applicable laws and regulations.


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!
ec i ! ivc
 Edc i

Tech


d V ke s
 Technology
 Enhance privacy using:
 Cookie disablers.
 pt-in/opt-out options.
 Anonymous Web services.
 P3P (Platform for Privacy Preferences).
 ¶Good· passwords.
 Audit trails.

     
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!
ec i ! ivc
 Edc i

Tech


d V ke s
 Market Response
 Markets can protect your privacy by:
 ´sing    third parties.
 Adhering to established

 .
 Purchasing consumer information      .
 Developing and selling privacy-enhancing technologies and services.


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! ivc
d C

ih 
 TalkTalk (ISP) suggested it would take legal action if the Digital
Economy Bill became law. [have now requested a judicial review]
 This Digital Economy Act 2010 contains provisions for illegal file
sharers to be denied access to the Internet.
 A third warning (3 strikes and you·re out) to those 
 of
illegally downloading content will be followed by denial of
internet access. [NB: not
 ]
 
 
 
  
   

 
 
 
  
 


    

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ÔÔ
Ô
ÔÔÔ 
 Ô Ô Ô 
 With internet access considered by some to be human right,
should    breaches of copyright outweigh this right? rë
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ih 
 In Ireland, five companies ² EMI, Sony Music Entertainment,
´niversal Music, Warner Music and WEA International ²
took action against ISP ´PC to enforce the ´three strikesµ
rule.
 6igh Court ruled that disconnecting illegal file-sharers from
the Internet is legally unenforceable there; attempts could
breach E´ laws.

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Rece exes
 h
i  
es

 «..
 "()#'*' + ¢ ¢
&Google's Wi-Fi collection of user e-mails,
passwords and Web browsing activity was a ‰significant breach‰ of ´ Laws -
but the IC is not fining the company.
 ¢ 
  : Server breached at ´niversity of North
Florida, 107,000 current and prospective students notified.
 ,-- 

    %
 & List contains names and
addresses; breach of data protection (*). þ 
   6 . &data on 79,000 past employees on
stolen hard disk.
 þ( / (
  þ: 3.3m
records of borrowers stolen during data breach.

(*) more on data breaches next week.

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Rece exes
 h
i  
es

 «..
 #   & f 1,007 reported data breaches in the ´
since 2007, National 6ealth Service (N6S) reported 305.
 . 
  & Top 10 apps (inc. FarmVille, FrontierVille,
Texas 6oldEm Poker, Gift Creator, Quiz Creator, and Best Friends Gifts) pass
user IDs to advertising and internet tracking companies.
 . !  & ´ ·s Ministry of Defence tells military
personnel not to use Facebook Places ² which registers and reports location via
GPS - to avoid risk to personal safety.

 #$!   
 þ#  &Can claim

compensation for ´damage and distressµ under the DPA 1998, but apparently
only for provable harm rather than the E´·s ´moral damageµ

 ¢
   !   

 
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ss he W
d
 http://www.forrester.com/cloudprivacyheatmap

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Tech



 Problems from New Technologies That Affect Intellectual

Property wners
 6igh-quality copying.
 6igh-quality formats.
 Smaller file size (MP3 vs WAV).
 6igh-quantity distribution.
 Faster networks.
 File streaming.
 Ease of use.
 Reduced cost.
 Most technologies built-in to modern computers

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C

i Vsic V
vies
S
  e d

ks
 Music
 Improved technology allows for easy, fast, cheap, and ubiquitous
copying of music on the Web.
 Entrepreneurs create businesses to facilitate storing and sharing
of music files. Many individuals set up free sites for music
sharing, too.
 The Recording Industry Association of America (RIAA)
continues to fight unauthorized copying of music.
 ´MP3 spoofingµ


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C

i Vsic V
vies
S
  e d

ks
 Movies and TV Programs
 ´SB TV cards and Freewire-type services
 Improved digital technologies and greater bandwidth on the
Net also allows for copying and transferring of movies and TV
programs.
 Businesses such as RecordTV.com and Scour provided free
services to facilitate copying of broadcast intellectual material.
 The Motion Picture Association of America (MPAA) and other
entertainment companies continue to fight unauthorized
copying of their intellectual property.


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C

i Vsic V
vies
S
  e d

ks
 Software
 Improved digital technologies contribute to unauthorized
(commercial and non-commercial) copying of software.
 Individuals and whole businesses, here and overseas, continue to
produce, transport, and sell (or give away) copies of software,
manuals and supporting material.
 Software Information Industry Association (SIIA) as well as
other software industry organizations and companies battle
software piracy in the ´.S. and abroad.
 Source code confidential?


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C

i Vsic V
vies
S
  e d

ks
 Books
 Improved technology allows for simple, quick, and cheap
copying of books.
 Counterfeiters of textbooks, novels, and other printed matter,
profit by not paying publishers and/or authors for their
intellectual property.
 Electronic books use encryption to reduce copying, but some e-
book protection schemes have been cracked.

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C

i Vsic V
vies
S
  e d

ks
 The Napster Case (´S)
 Benefits of Napster (aside from being free):
 Share music with other users (P2P technology); obtain
individual songs from a CD; sample songs on a CD; access
more songs; access commercially unavailable songs; and enjoy
other features that made Napster popular.
 What did Napster do?
 Provide technology enabling users to share lists of songs over
its servers.
 Argued similarities with search engines
 Court case:
 Sued for copyright infringement

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i Vsic V
vies
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  e d

ks
 The Napster Case (´S)
 Legal Issues:
 Was copying and distributing music through Napster within the fair-use
(fair dealing) guidelines? If not, was Napster responsible for user actions?
 The Court Decision:
 Napster was guilty of encouraging and assisting copyright infringement.
 rdered to remove song titles provided by record companies from
listings.
 Result:
 Napster shut down. Relaunched as a subscription music service.

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 ´ Patent ffice
 The 'State Street Bank' Case in the ´S
 ´S patent no. 5193056, owned by Signature Financial Group, concerns the running of
an investment structure. It allows smaller companies to pool funds, and take advantage
of economies of scale and preferable tax provisions for partnerships. The main
advantage of the system is to   
     
using an apportionment system running in the pool.
 State Street Bank and Trust Company 
       
#¢
    %     
  . Although the lower court in Massachusetts found in
favour of State Street, this verdict was overturned in the Court of Appeals Federal
Circuit (CAFC). * (.(  
    
   
  #¢ 0   
  0         
   . It also stated that there was actually   
 %
 # ¢ #¢
   
    

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 ´ Patent ffice
 What happened in Europe?
 The same patent was applied for at the European Patent ffice (EP ), and was
considered by the EP on several occasions. The final examination report
indicated that  
  . The applicant chose not to prosecute the
application further by attending a Board of Appeal, and withdrew the application.
 The basis of the examiners report of this case was that it
       %  
  
  
  0 1(E´). The precedent set in the S 6EI case
stated that normal interactions between a program and a computer could not amount to
a technical contribution, and that what was necessary was to show that a new machine
was created. In this case it clearly had not been.

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 ´ Patent ffice
 Would not have been patentable under the (failed) E´ under Directive on the
Patentability of Computer Implemented Inventions:   
 
      ; where the sole
contribution of an application is in an excluded area, such as business methods, it
would not have been granted.
 The directive would have made it more difficult to obtain protection for software-
related inventions
 Further reading:
http://www.europarl.europa.eu/meetdocs/committees/juri/20020619/SoftwarePatent.pub.pdf

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 Patent frenzy?
 John eogh was issued the innovation patent for a ‰

  ‰ under a patent system introduced in May 2001 in
Australia. (New Scientist)
 Audi spent £5m on a series of television ads claiming it filed ,---  

  ¢in seeking to create the best car. (Guardian)
 Apple agreed to pay Creative Technology ;r-- to settle five outstanding
patent lawsuits and allow Apple to use Creative·s technology in its iPod. (Times)
 ´A system, method and computer-readable medium support the use of a single
operator that allows a comparison of two variables to determine if the two
variables point to the same location in memory.µ (" , Microsoft)
 ´A method comprising:
 monitoring a user's media content experience by at least monitoring one or more habits
associated with the user's experience of the media content;
 producing metadata associated with the user's monitored habit(s);
 associating produced metadata with media content experienced by the user;
 and using the metadata to update a playlist that is associated with the userµ
Processing playlists, Microsoft

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e

 AllofMP3.com
 Based in Russia
 ffered tracks at a small proportion of the price of e.g. iTunes
 Believed operating legally in Russia (though visitors could buy from all over the
world:
 ¶The availability over the Internet of the ALL FMP3.com materials is authorized by the
license # LS-3€-05-03 of the Russian Multimedia and Internet Society (R MS) and license
# 006/3M-05 of the Rightholders Federation for Collective Copyright Management of
Works ´sed Interactively (FAIR). In accordance to the licenses' terms MediaServices
[parent company] pays license fees for all materials downloaded from the site subject to the
Law of the Russian Federation
 Possible loophole in Russian law enabling distribution without seeking permission.
 Concerns were potentially affecting Russia·s entry into the World Trade
rganization
 Record labels sued for #¢;r ; lawsuit filed in New Dork ²
AllofMP3.com did not operate in New Dork and companies welcomed to sue in
Russia ....
 Closed by Russian Government in 2007?

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e

 The Recording Industry 2006 Piracy Report (www.ifpi.org)

 More than one in three of all music discs purchased around the world is thought
to be an illegal copy.
 It is estimated that some 37 per cent of all CDs purchased (legally or otherwise)
in 2005 were pirate ² 1.2 billion pirate CDs in total.
 Pirate CD sales outnumbered legitimate sales in 2005 in a total of 30 markets.
 IFPI estimates that the global traffic of pirate product was worth ´S$4.5 billion
in 2005 based on pirate prices.
 IFPI estimates that almost 20 billion songs were illegally downloaded in 2005.
 Record company revenues from digital music tripled in 2005 to ´S$1.1 billion
and have continued to grow strongly in 2006.
 Mobile music piracy is emerging as a threat to the legitimate industry. Mobile
phones can be used to obtain free music, for example by means of Bluetooth
transfers that enable files to be transferred from phone-to-phone and memory
card swapping.

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 Creative Commons

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 Creative Commons

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Rese ch Tsks
1. .
2. Try CreativeCommons.org and compare license agreements as
they are generated for different jurisdictions. Agree in your
groups which countries you will review ² e.g. verseas
students: 6ome vs ´ . 6ow much difference, and what law is
referred to where?
E.g. Contracts (Privity) Act 1982, New Zealand:
http://creativecommons.org/licenses/by/3.0/nz/legalcode
3. .

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I eec  !
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 Creative Commons
 Copyright - have to contact owners. Protection vs ´se.

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 Creative Commons
 Dou must not:
 impose any terms on the use to be made of the Work, the Derivative
Work or the Work as incorporated in a Collective Work that alter or
restrict the terms of this Licence or any rights granted under it or has the
effect or intent of restricting the ability to exercise those rights;
 impose any digital rights management technology on the Work or the
Work as incorporated in a Collective Work that alters or restricts the
terms of this Licence or any rights granted under it or has the effect or
intent of restricting the ability to exercise those rights;
 sublicense the Work;
 [þ
  ] subject the Work to any derogatory treatment as
defined in the (
  !  r.

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S
  e Licesi
 (

2  : Specht and others v Netscape & A L
 SmartDownload: easier for its users to download files from the Internet
 Plaintiffs alleged that the defendant invaded their privacy by secretly
disseminating personal information when the plaintiff used the software
supplied by the defendant.
 Court examined claim that plantiff should seek arbitration as per license
agreement
 Plaintiffs clicked ´Downloadµ to obtain the software and download the
software on to the hard drives of their computers.
 No reference to license terms appeared at the ‰Download‰ box, and visitors
are not required to view a license or indicate agreement.
 The language does not indicate that a user must agree to the license terms before
downloading and using the software.

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  e Licesi
 (

2  : Specht and others v Netscape & A L
 If plaintiffs did not agree to the license, they cannot be bound by its
conditions.
 The Second Circuit held that under these circumstances, plaintiffs were not
bound by the terms of the license agreement because  
        
00      
          Said the
court:
 A consumer's clicking on a download button does not communicate assent to
contractual terms if the offer did not make clear to the consumer that clicking on
the download button would signify assent to those terms « (citations omitted).
California's common law is clear that ‰an offeree, regardless of apparent
manifestation of his consent, is not bound by inconspicuous contractual provisions
of which he is unaware, contained in a document whose contractual nature is not
obvious.‰ (citations omitted).

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S
 i
s (˜

d d d)

 Technology, Markets and Management, and Regulations and
Enforcement
 Technological Solutions:
 Expiration date encoded.
 6ardware dongle required.
 Copy-protection schemes.
 ´Activationµ features.
 Encryption schemes; digital-rights management (DRM).

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S
 i
s (˜

d d d)

 Technology, Markets and Management, and Regulations and
Enforcement (cont·d)
 Markets and Management:
 Subscribe to services.
 Collect fees from users and large organizations.
 Meter usage of intellectual property on a network.
 ffer discounts to educational users.
 Educate the public about the value of intellectual property belonging to
creators and publishers.

 % & 
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S
 i
s (˜

d d d)

 Technology, Markets and Management, and Regulations
and Enforcement (cont·d)
 Regulations and Enforcement:
 The Digital Millennium Copyright Act (DMCA) and other laws.
 Identify abusers and shut them down in high-publicity raids.
 Monitor abuses.
 Enforce current laws and punish abusers.

      

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S
 i
s (˜

d d d)

 Restrictions and Bans on Technology
 In the past, lawsuits have delayed, restricted, or banned the
release of new technologies, including:
 CD-recording devices.
 Digital Audio Tape (DAT) systems.
 DVD recorders.
 DVD players.
 MP3 players.


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S
 i
s (˜

d d d)

 Restrictions and Bans on Technology (cont·d)
 In an attempt to reduce or prevent unauthorized copying and
distribution of intellectual property, some governments have
levied taxes on:
 Audio tapes.
 CD recorders.
 Personal computers.
 Printers.
 Scanners.

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S
 i
s (˜

d d d)

 Restrictions and Bans on Technology (cont·d)
 Digital rights management (DRM), combined with laws such as the DMCA,
can result in heavy fines and imprisonment for violators.
 The legal and monetary consequences can be applied to both pirates of
intellectual works as well as to scientists and researchers of technology.

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S
 i
s (˜

d d d)

 The law vs. Fair ´se (fair dealing) and Free Speech
 Controlling ´sage:
 Some of our use of digital movies, books, and music is ð
  by DRM
and copy-protection schemes.
 Circumventing this control may violate certain laws.
 Fair ´se/Dealing
 Prohibiting the use of circumvention tools may block exercise of Fair
´se/Dealing rights.
 Free Speech
 Prohibiting the sharing of information about circumvention of DRM or
copy-protection schemes may violate freedom of speech.


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S
 i
s (˜

d d d)

 The Future of Copyright
 Challenges to the principles of copyright:
 Methods to circumvent copy-protection schemes.
 ! ''
3!!    
 The view among some people that if copying is easy, or if cheap online
access is absent, then it is okay to copy.
 Challenges to Fair ´se:
 Technological (DRM) and legal restrictions.
 Conflicting outcomes (e.g. reverse engineering) in the courts.
 Non-traditional uses (e.g. online teaching materials) or blurring of the
guidelines associated with Fair ´se.

 
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53°°°     -
 

£ ee-Seech Isses
 Intellectual Property Protection or Violation of Free
Speech?
 Copyright:
 ´nauthorized posting of copyrighted documents for the purpose of
criticizing an organization.
 Trademark:
   that infringe upon trademark claims.
 Trade Secrets:
 Posting internal documents to expose unfair business practices.


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U£ ee S
  e
 Free Software (or pen Source) Means Free From Copyright
Restrictions
 The notion of free software was created by Richard Stallman.
 Examples:
 GN´ project.
 Emacs.
 ´Freeµ compilers and utilities.
 Linux.
 Many others.

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 Free Software Foundation - http://www.fsf.org/

 Free software is a matter of the users' freedom to run, copy, distribute,
study, change and improve the software. More precisely, it refers to four
kinds of freedom, for the users of the software:
 The freedom to run the program, for any purpose (freedom 0).
 The freedom to study how the program works, and adapt it to your needs (freedom
1). Access to the source code is a precondition for this.
 The freedom to redistribute copies so you can help your neighbor (freedom 2).
 The freedom to improve the program, and release your improvements to the public,
so that the whole community benefits (freedom 3). Access to the source code is a
precondition for this.
 (
  is a general method for making a program or other work free, and
requiring all modified and extended versions of the program to be free as
well.
 Free - freedom,  

 Enforcement reverts to Copyright, as per Creative Commons.

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I eec  !
e

 pen Source vs Proprietary

 Innovation?
 Service and support?
 ´pdates?
 Fixes?
 wnership and responsibility?
 Safety critical?
 Version control?

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Chees
 Cybersquatting; visual similarity of IDNs
 Software piracy
 ´Photoshoppingµ
 Really Simple Syndication
 eBooks - anti-copying technology causing problems for disabled
users
 «
 http://www.out-law.com/page-1

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S
  e Deve
e
 In groups:
 Dou are creating some software for business purposes that uses a
database and will be available on DVD, provided in a box with a
printed manual, and for online download with a web-version of
the manual.

 What IP laws might protect which elements of this product?

°°°     ë
 

Isses £
S
  e Deve
e s

 ¢
(
! ¢ 
 Copyrights:
 Protect the expression of an idea in a fixed and tangible form.
 Are cheap, easy to obtain, and last a long time.
 Allow fair-use of the intellectual property.
 Patents:
 Protect new, non-obvious, and useful processes.
 Technical effect (´ /E´)?
 Are expensive, difficult to obtain, and last for short periods of time.
 Allow licensing to other developers.


 "  # 

0°°°     „



? he hih c
s s
 I!R
 

   & Apple to appeal a $625.5million
judgment made on 1st ctober 2010 in favour of Mirror
Worlds LLC for infringing 3 patents.

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p
  p
 


  °
 
 "


Rese ch Tsks
1. .
2. .
3. Guilty or innocent? (´Valuesµ, Case 172)
1. 3 reasons why he should be extradited to the ´S to face charges
2. 3 reasons why he should not be extradited to the ´S to face charges

°°°     „-
Ñ
  
 


˜
VcKi

 BBC News 30 July 2008
 he calmly detailed just how easy it was to access extremely sensitive
information in those systems.
 ‰I found out that  #¢  
 ,‰ said Mr Mc innon in
that BBC interview. ‰And having realised this, "  

    4  

.‰
 ´sing     , Mr Mc innon probed dozens
of ´S military and government networks. 6e found   
  
  
  ¢  

  
 In July 2005, Mark Summers, another official representing the ´S
government, told a London court that Mr Mc innon's hacking was
‰intentional and calculated to influence and affect the ´S government by
intimidation and coercion‰.

°°°     „r


˜
VcKi

 BBC News 30 July 2008
 The ´S government alleges that between February 2001 and March 2002,
the 40-year-old computer enthusiast from north London hacked into dozens
of ´S Army, Navy, Air Force, and Department of Defense computers, as well
as 16 Nasa computers.
 It says his hacking caused some ;
-----   to government
systems.
 What's more, they allege that //$      
#¢¢     
¢
  rr--r       

 .
 The ´S government also says //$ 
  ---#¢ 
  . 6is goal, they claim,
was to access classified information.

°°°     „


˜
VcKi

 BBC News 30 July 2008
 6e thought he would be tried in Britain, and that he might get,
at the most, three to four years in prison.
 Then, later that year (2002), the ´nited States decided to indict
him with charges that could mean 

-  #¢

 . It has never been entirely clear why it took ´S officials
until 2005 to begin extradition proceedings.
 Gary Mc innon's been fighting extradition ever since, on the
grounds that        
 .

°°°     „„


˜
VcKi

 12 August 2009, the Guardian:
 When the ´ makes an extradition request, the ´S courts must be satisfied
there is information demonstrating 
 to issue an arrest
warrant. Probable cause has been defined as: ‰   
!  
 
     
 
       ‰ (´nited
States v 6oyos, 892 F.2d 1387, 1392 (9th Cir. 1989)).
 When the ´S makes a request, ´ courts must be satisfied that there are
reasonable grounds for suspicion to issue an arrest warrant. Ñ 
   has been defined (by Lord Devlin) in the following terms:
‰circumstances of the case « such that     

 
 5   
  

      ‰.

°°°     „m


˜
VcKi

 21 July 2010, the Guardian:
 Gary Mc innon may avoid ´S extradition, David Cameron
suggests
 Might serve sentence in ´ prison?

°°°     „†


˜
VcKi

 Computer Weekly, 16 July 2009
 «. calls into question the forensic evidence supplied by the ´S to link Mc innon to
hacked ´S military systems. It casts doubt on claims that Mc innon's activities
damaged thousands of ´S military computers.
 DPP used the review to support its decision (26/2) not to prosecute Mc innon in
the ´ . It concluded that there was not enough evidence. Gaps include:
 Proof identifying each of the computers hacked
 An image of each computer
 A forensic report of each computer, linking access and file modifications to Mc innon
 Evidence to prove that accusations made against Mc innon were not merely hearsay,
 Evidence that Mc innon's activities caused impairment of ´S systems
 Evidence that his activities left computers vulnerable to intrusion.
 No evidence that the computers Mc innon hacked were high security military
systems housing sensitive information and not merely low-security administrative PC
nodes on the edge of the vast ´S military-industrial network, the report said.
http://www.computerweekly.com/Articles/2009/07/16/236932/mckinnon-hacking-case-relies-on-hearsay-
internal-cps.htm „ë
°°°    
 
  

þ%   
.þ%
 Mc innon committed the crime in the ´ and
should be tried under ´ law.
 Insufficient evidence provided for ´ prosecution
 ´S Government should be grateful to him for
uncovering security vulnerabilities in critical
computer systems.
 Mc innon's obsession with hacking and ´F s
were the result of his Asperger's Syndrome.
 6is condition makes him unable to cope with
the demands of a trial in an unfamiliar
environment, and away from his family and
social support network.
 Extradition arrangements between the ´ and
the ´S were put in place to counter terrorism,
so it is unfair to invoke them this case.
 The extradition arrangements between the ´
and the ´ are fundamentally flawed because
they are asymmetrical

 Mc innon did cause damage and must now take
responsibility for his actions.
 In addition to the damage that was actually
incurred, the potential damage was very much
greater.
 Given the involvement with military systems,
human lives and national security were also at risk.
 Failure to follow through with action in this case
might send a dangerous message to future would-
be hackers.
 6is medical condition does automatically allow
him to undertake illegal actions.
 Although the maximum sentence facing Mr.
Mc innon is seventy years in prison, his actual
sentence, if found guilty, might be much less than
this. ´S courts are just as able to interpret
circumstances as ´ courts.

  
''    ' ' 

'
  
   'r*
(ë
ë'-+

°°°     m



˜
VcKi

 Extradite to ´S for trial?

 Do not extradite to ´S for trial?

°°°     mr


C

ih d C
 e Visse
 ´ Intellectual Property ffice taken offline after peration
Payback denial of service attack campaign - by file-sharing
activists.

 Computer Misuse Act 1990 ² more next week.

 Certain computer-mediated actions are now  

 
 ² data protection and IPR can both be
affected by computer misuse; revealing information about
copyright infringers breaches data protection«.
 #         


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Rese ch Tsks
1. Explore your own ´Valuesµ - http://sceptre.values-
exchange.co.uk/, Cases 161, 162, 183, 190

°°°     mr


Rese ch Tsk
1. ´sing 3 different search engines, find 3 different
dictionary definitions of ´   µ
differences may be relatively minor, and each definition should
ideally be contained in one sentence.
2. Identify how these definitions are common and where
they differ
3. As a result of 2, write your own single definition that
shows the alternatives given by all three of the definitions
you have found.
4. Dour group will compare results in 3 and write a common
group definition.
°°°     m


ü  ek 
 Rese ch Tsks!

1. (Except for the ´Valuesµ)
2. Reading: Baase Chapter 5 on Crime; Chapter 8 on Errors,
Failures and Risk

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be used to expose users· personal information.
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