New Crimes/New Media
Stephen
stephen@melbpc.org.au
Wed, 12 Aug 1998 23:45:02
Hello Richard and all,
At 07:45 AM 11/08/98, Richard Osborne wrote:
>NEW CRIMES/NEW MEDIA
>
>I am editing a new book with the above prospective title .. to consider
>the influences of the new media on all aspects of crime/society, and new
>forms of crime generated by the new media. I am inviting etc ..
>
>Richard Osborne.
>100366.114@compuserve.com.
On this topic, perhaps linkers with a legal bent might be interested in
subscribing to this new "E-LAW UPDATE" posting by an American attorney.
Altogether it's about 4 times longer than this, but does not appear to be
available in this form at the web-site yet. So far it's been worth a read.
---------------
E-LAW UPDATE #2
by David J. Loundy and Blake A. Bell
AUGUST 1998
If you are aware of recent Cyberlaw developments that you would like
included in the next issue of the E-Law Update, with or without
attribution, as you desire, please send an e-mail with the information
(and, if possible, the source(s)) to b_bell@stblaw.com or David@Loundy.com.
<snip>
CYBERSPEECH AND CYBERCRIME: The Chinese government reportedly plans to
prosecute Lin Hai, a 30-year-old programmer who provided 30,000 Chinese
e-mail addresses to a U.S.-based Internet publication that promotes
democracy. Hai reportedly is accused of "inciting the overthrow of state
power." The case is considered by some to be the first prosecution of
Internet activities for political reasons. See
http://www.wired.com/news/news/politics/story/14099.html and
http://www.newslinx.com/News/cg-073198d.html.
CYBERSPEECH AND CYBERCRIME: The Canadian Human Rights Commission recently
charged a Toronto man with spreading hate propaganda and is attempting to
shut down a U.S. Web site maintained by one of the man's followers under
the theory that, although the site is run from San Diego, California, the
man controls its content and, thus, can be prosecuted under Canadian laws.
See http://spyglass1.sjmercury.com/breaking/docs/033365.htm.
CYBERCRIME - ON-LINE AUCTION SCAMS: First it was fake Beanie Babies, now
it is non-existent Barbie Dolls. Paul Luehr, Chairman of the U.S. Federal
Trade Commission's Internet Coordinating Committee, says that the FTC is
focusing enforcement efforts on alleged on-line auction scams in which
people offer items for sale via popular on-line auction sites like
http://www.ebay.com, accept payment for the items and then fail to deliver
them. For an article describing such incidents including an alleged scam
involving the auction of a supposedly non-existent collectible Barbie Doll,
see http://www.ardemgaz.com/tech/Dcfraud03.html.
CYBERCRIME - ON-LINE SALES SCAMS: Peter Lows, Assistant Director of
Britain's Counterfeit Intelligence Bureau, has warned that his unit has
discovered that ineffective, counterfeit Viagra pills are being
manufactured in Thailand and India and are being sold to consumers via the
Internet throughout the entire world. See
http://www.news.com/News/Item/Textonly/0,25,24905,00.html?st.ne.ni.pfv.
CYBERCRIME - DIVULGING STATE SECRETS: Following closely on the heels of
the arrest of an Israeli man for allegedly divulging state secrets by
posting portions of a banned book that he authored to the Web (see E-Law
Update #1), a former British intelligence agent has been arrested in France
at the request of the British Home Office. The BHO wants to question the
former agent about divulging state secrets via his Web site and in
newspaper interviews. News reports indicate that last week, the British
government obtained an injunction to stop him from posting the disputed
information to his Web site. Moreover, the former agent's "Internet
Service Provider in the US was warned that reproducing the information
would breach" the injunction. See
http://news.bbc.co.uk/hi/english/uk/newsid_143000/143962.stm. See also
http://www.theaustralian.com.au/world/4061552.htm.
CYBERCRIME - CHILD PORNOGRAPHY: On June 29, 1998, the United States
District Court for the District of Maryland issued a decision holding that
each e-mail transmission of child pornography constitutes a separate
offense under federal law, even where such e-mails were part of a single,
overall on-line "conversation." See U.S. v. Matthews, Criminal Docket No.
AW-97-270 (D. Md. June 29, 1998). See also "Court Proceedings - Computer
Crime: Kiddie Porn E-Mails Are Separate Violations of Law Even if Part of
One 'Conversation,'" 3(30) Electronic Commerce & Law Rep. (BNA), Aug. 5,
1998.
CYBERCRIME - CHILD PORNOGRAPHY: A civil servant who was employed in the
Dutch Justice Ministry reportedly has been fired for allegedly downloading
child pornography from the Internet to his computer and distributing it
through the Justice Ministry's computer network. The man reportedly has
been charged by authorities with possession of child pornography. See
http://www.wired.com/news/news/politics/story/14028.html and
http://www.seattle.com/news/nation-world/html98/porn_073098.html.
CYBERCRIME - CHILD PORNOGRAPHY: Dutch Justice Minister Winnie Sorgdrager
promised on Thursday to invest more money and resources in fighting
child-pornography available on the Internet in the Netherlands. Her
comments came in response to criticism that she was not taking a hard
enough stance against child pornography in light of a recent police
investigation into a child pornography ring as mentioned in E-Law Update
#1. See
http://www.nando.net/newsroom/ntn/info/072398/info5_19761_noframes.html.
CYBERCRIME - PORNOGRAPHY: Denise Ritchie, a New Zealand attorney and
chairwoman of End Child Pornography New Zealand, has been commissioned by
New Zealand's Law Society to draft an ISP code of practice regarding
pornographic Web content. See
http://www.infotech.co.nz/current/ntchil.html.
CYBERCRIME - COMPUTER CRIME: Crackers reportedly broke into the server of
ProHosting, an Internet Service Provider, and deleted the contents of a
server, thereby taking off-line some 1,000 domains served by ProHosting.
The crack reportedly was an attempt to get at the MilW0rm hacking group
that recently was reported to have broken into the computer systems of
India's Bhada Atomic Research Center. For background about the attack on
the computer systems of the Indian atomic research center, see Bell
Cyberlaw Update #40.
CYBERCRIME - COMPUTER CRIME: The two California teenagers who, with the
help of an Israeli youth, allegedly engaged in "the most organized and
systematic attack" to date on Pentagon computer systems, reportedly have
pleaded guilty to breaking into some 200 computer systems. Under proposed
sentencing, the youths would receive probation, including limitations on
their unsupervised use of computers, and the possession of a modem at home.
See http://www.nytimes.com/aponline/a/AP-Hackers-Plead.html,
http://www.news.com/News/Item/0,4,24765,00.html?st.ne.fd.mdh,
http://www.wired.com/news/news/email/member/politics/story/14119.html, and
http://www.zdnet.com/zdnn/stories/zdnn/stories/zdnn_smgraph_display/0,3441,
2123803,00.html. The owner of a Santa Rosa, California ISP whose system
was used by the boys as a springboard for the attacks reportedly is angry
with what he believes are plea bargains for the boys that provide for
sentences that are too light. According to the man, he spent $60,000
remedying the damage they caused to his company's systems and increasing
security. See http://www.hotcoco.com/news/tech/stories/jxj17274.htm.
CYBERCRIME - LURING MINOR CASES: A 40-year-old man from Pittsburgh
reportedly has been arrested and charged with interstate transportation of
a minor for sexual purposes. The man reportedly communicated with a
13-year-old girl from Ballwin, Missouri in an Internet chat room, arranged
a meeting with her at a theme park in St. Louis and then drove her to
Pittsburgh. The girl's parents called police when she did not return from
the park. Police were quickly able to identify the man from papers found
in the girl's room. Authorities were waiting when the man and the girl
arrived in Pittsburgh. See
http://www.techserver.com/newsroom/ntn/info/072898/info3_21225_noframes.htm
l. On Tuesday, July 28, the man reportedly was released on a $10,000
recognizance bond. See http://spyglass1.com/breaking/docs/025337.htm.
CYBERCRIME - LURING MINOR CASES: On Tuesday, July 28, a 50-year-old New
Jersey man charged with using an Internet chat room in an alleged effort to
seduce a 16-year-old Connecticut girl was acquitted of two counts of trying
to entice a minor into having sex. The trial in State v. Schoeffel was
administered by the Honorable Janet Bond Arterton of the United States
District Court for the District of New Jersey. For background about the
matter, see E-Law Update #1. For a story about the acquittal, see
http://www.boston.com/dailynews/wirehtml/209/New_Jersey_man_found_innocent_
in_In.htm.
CYBERCRIME - ILLEGAL SALES VIA THE INTERNET: On Wednesday, July 29,
prosecutors from the New York State Attorney General's Office reportedly
commenced a lawsuit in the Supreme Court of the State of New York for the
County of New York and obtained a temporary restraining order against five
companies to stop them from selling pesticides that allegedly are illegal
in New York via the Internet and by mail order. The five companies
reportedly are Stokes Seeds Inc. (of Fredonia, N.Y.), Apex Pest Control
Services (of Cleveland, Ohio), the Yardencare Company (of New Hudson,
Michigan), Farnam Companies Inc. (of Phoenix, Ariz.) and Gurney's Seed and
Nursery Co. (of Yankton, S.D.). Two of the companies, Apex and YardenCare,
allegedly made sales of the pesticides in question via the Internet. See
http://www.boston.com/dailynews/wirehtml/212/Internet_pesticide_sales_to_Ne
w_Yor.htm.
CYBERCRIME - HARASSMENT: According to Tom Cahill of Bloomberg News, last
week the Manhattan District Attorney's office charged a former Smith Barney
Inc. investment banker with using the Internet to harass executives at
Salomon Smith Barney including one of the firm's Co-Chief Executive
Officers, and two of the firm's Vice Chairmen. The man allegedly posted
announcements to the Internet intended to cause communications to the
company's headquarters and the executives' homes. One of the messages
asked for support for "Little Jim, a friend's six-year-old . . . just
diagnosed with terminal liver cancer" and listed the Salomon Smith Barney
address of one of the executives for well wishers to contact. The address
was bombarded with get well messages. Another message reportedly offered
to pay $200 for baby pictures and listed an executive's home address and
phone number for responses. The complaint reportedly alleges six such
postings in 1996 and 1997.
CYBERCRIME - E-MAIL THREATS: According to the Associated Press, as
reported by Nando.net, a teenager in Vic, Spain (about 40 miles north of
Barcelona) has been arrested after sending an e-mail threatening to blow up
his town's library unless the town paid him $170,000. The boy reportedly
has been released into the custody of his parents. See
http://www.techserver.com/newsroom/ntn/info/073098/info13_8097_noframes.htm
l.
CYBERCRIME - E-MAIL THREATS: America Online Inc. and FBI Investigators are
attempting to locate the source of a death-threat sent to at least hundreds
of people. The spam threatens to kill the children of recipients who fail
to call "Andy" at a number listed in the e-mail. Some 300 calls resulted
-- to a mother who says her 15-year-old son, Andy, did not send the e-mail.
It appears that the source account was compromised. AOL, the FBI (and
police departments around the country) are looking into the incident. See
http://www.zdnet.com/zdnn/stories/zdnn_smgraph_display/0,3441,2116890,00.ht
ml. See also Bell Cyberlaw Update #43.
CYBERCRIME - HACKING: On Saturday, August 1, a hacker in Portugal
reportedly mass-hacked 45 Indonesian Web servers in an apparent political
protest arising from demands for freedom for East Timor and the release of
jailed Timorese leader Xanana Gusmao. See
http://www.newslinx.com/News/August/cg-080498c.html.
CYBERCRIME - HACKING: The Mexican hackers who attacked the Mexican Finance
Ministry's Web site reportedly have declared a "cyberwar" on the government
of President Ernesto Zedillo. The hackers reportedly plan wide-ranging
hack attacks against government officials and government computers. See
http://www.techserver.com/newsroom/ntn/info/080598/info2_27476_noframes.htm
l and
http://www.zdnet.com/zdnn/stories/zdnn_smgraph_display/0,3441,2125472,00.ht
ml.
CYBERCRIME - MITNICK UPDATE: An attorney for hacker Kevin Mitnick
reportedly has asked the United States Supreme Court ti decide whether he
can continue to be jailed without bail when he represents only a financial
-- not physical -- threat to society. Mitnick has pleaded guilty to
charges of phone fraud and parole violation. He now awaits trial next
January in Los Angeles on federal wire and computer fraud charges. The
motion seeking bail already has been denied by the trial court and the
United States Court of Appeals for the Ninth Circuit. See
http://www.ljx.com/topstories/072898new5.htm.
COMPUTER SECURITY FLAWS: As widely reported, a security flaw has been
discovered that reportedly affects Microsoft's Outlook Express and Outlook
98, and Netscape Messenger Mail. The flaw reportedly is found in versions
4.x of Netscape's Web browser software. The flaw, reportedly confirmed by
the Computer Incident Advisory Capability of the Department of Energy,
allows an outsider to send an e-mail message which is capable of executing
commands on the recipient's computer. In essence, this is the "Good Times"
virus hoax come true. Microsoft initially released a patch to its
software, but news reports suggest the patch was ineffective. A second
patch since has been released. Presently available firewalls and
anti-virus software will not defend against exploitation of this flaw,
which is a "buffer overflow" error rather than dangerous computer code.
See http://www.mercurycenter.com/business/top/001482.htm,
http://www.mercurycenter.com/business/top/085305.htm,
http://www.globe.com/dailynews/wirehtml/210/Popular_e_mail_programs_have_se
curi.htm, http://www.washingtonpost.com/wp-srv/digest/tech1.htm,
http://www.usatoday.com/life/cyber/tech/ctd184.htm,
http://www.abcnews.com/sections/tech/DailyNews/email_flaws980729.html,
http://www.ottawacitizen.com/business/980730/1893006.html, and
http://www.techweb.com/wire/story/reuters/REU19980728S0004.
INTERNET GAMBLING ISSUES: Unlike efforts to ban on-line gambling in the
U.S., the European Commission released a statement saying that it was
studying the issue but has not yet decided whether legislation is needed.
The statement has been attributed to European Internal Market Commissioner
Mario Monti in a written response to a question on Internet gambling by
John Cushnahan, a member of the European Parliament. See
http://www.wired.com/news/news/politics/story/13975.html,
http://www.news.com/News/Item/0,4,24605,00.html?owv and
http://204.71.177.76/text/headlines/980724/tech/stories/europe_1.html.
INTERNET GAMBLING ISSUES: The Antiguan Government and the Interactive
Gaming Council reportedly have announced a strategic alliance with the
Government of Antigua and Barbuda through the Free Trade & Processing Zone
to enhance consumer confidence in Internet gaming. The parties have agreed
to convene an international work group of countries interested in Internet
gaming, such as Australia, New Zealand, Costa Rica, and Liechtenstein, to
develop a model code and to foster creation of an international
infrastructure to handle dispute resolution and to monitor the interactive
gaming industry. Antigua is an active supporter of Internet gambling, and
has licensed over two dozen interactive gaming operators. For more, see
http://www.rgtonline.com/newspage/artlisting.cfm/2502.
INTERNET GAMBLING ISSUES: An international conference of the principal
players in the Internet Gaming Industry will take place in Washington, D.C.
later this year from November 29 through December 1. The conference is
sponsored by Gaming Law Review and will be presented by BioConferences
International Inc. See
http://www.cnnfn.com/digitaljam/newsbytes/115776.html and
http://nt.excite.com/news/pr/980728/ny-intl-symposium.
CYBERBANKING ISSUES: On July 15, the Federal Financial Institutions
Examinations Council released an interagency statement intended to set
forth in a single document the federal consumer protection laws and
regulations that depository institutions with electronic services must
follow. The council consists of representatives from the Federal Reserve
Board, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Office of Thrift Supervision and the
National Credit Union Administration. See
http://www.occ.treas.gov/ftp/bulletin/98-31.txt. The report, entitled
"Guidance on Electronic Financial Services and Consumer Compliance," may be
accessed via the Council's Web site at http://www.ffiec.gov.
CYBERBANKING ISSUES: The European Commission reportedly has proposed the
establishment of a system to regulate non-banks that do business using
electronic cash payment methods. The proposal reportedly is an effort to
encourage the growth of European e-commerce. For a story about the
development, see
http://www.thestandard.net/articles/news_display/0,1270,1257,00.html.
E-COMMERCE LAW: On Friday, July 31, the Clinton Administration announced
that it would delay a long-awaited progress report on its e-commerce
policies until September. The delay reportedly is intended to permit the
administration to coordinate release of the report with passage of the
Internet Tax Freedom Act and the Digital Millennium Copyright Act, two key
elements of the Administration's e-commerce policy. See
http://www.news.com/News/Item/Textonly/0,25,24818,00.html?pfv.
E-COMMERCE LAW: On Wednesday, July 29, the U.S. Senate Commerce Committee
approved an amended version of S. 2107. The bill, entitled the
"Elimination of Government Paperwork Act," would require federal agencies
to make most forms, questionnaires and surveys available via the Internet,
would permit electronic payments to federal agencies in some circumstances
and would require federal agencies to develop procedures for accepting
digital signatures. For stories about the development, see
http://www.techlawjournal.com/internet/80730dig.htm, and
http://techlawjournal.com/telecom/80727.htm. For a copy of the bill, as
amended, see http://www.techlawjournal.com/congress/h2991/s2107subs.htm.
INTERNET POLICY AND REGULATORY ISSUES - AU: The Australian Department of
Communications and the Arts has released its policy paper "Towards and
Australian Strategy for the Information Economy." The paper is a
"preliminary statement" that "sets out the Government's mission to ensure
that the lives and work of Australians are enriched, jobs created, and the
national wealth enhanced, through the participation of all Australians in
the growing information economy." The paper is available at
http://www.dca.gov.au/nsapi-text/?MIval=dca_dispdoc&pathid=3173. The
executive summary is available at
http://www.dca.gov.au/nsapi-text/?MIval=dca_dispdoc&ID=3174. See also
http://www.internetnews.com/intl-news/1998/07/2902-australian.html.
INTERNET POLICY AND REGULATORY ISSUES - EU: The European Commission is
speeding plans to help address the problems seen in inappropriate content
on the Internet, but prefers to do so from behind the scenes. The rush is
a result of the child pornography ring discovered in the Netherlands. The
plan is based on self-regulation, and includes the creation of several
telephone hotlines for reporting material of concern. See
http://www.techweb.com/wire/story/TWB19980723S0006?st.ne.fd.mnaw,
http://www.thestandard.net/articles/news_display/0,1270,1155,00.html and
http://www.techweb.com/wire/news/1997/09/0908charter.html.
INTERNET POLICY AND REGULATORY ISSUES - U.K.: The U.K. Department of Trade
and Industry has released its report entitled "Regulating Communications
Approaching Convergence in the Information Age." The report is available
at http://www.dti.gov.uk/converg/. The executive summary of the report is
available in pdf format at http://www.dti.gov.uk/converg/summary.pdf.
<snip>
David J. Loundy Blake A. Bell
David@Loundy.com b_bell@stblaw.com
Permission to distribute freely, with attribution, is granted.
Assume that nothing has been checked for accuracy. This email
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David Loundy.
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____________________________________________________________________
David J. Loundy | E-Mail: David@Loundy.com
Davis, Mannix & McGrath | WWW: http://www.Loundy.com/
125 S. Wacker Drive, Suite 1700 |
Chicago, IL 60606-4402 | Phone: (312) 332-0954
____________________________________________________________________
happy trails ..
Stephen Loosley
stephen@melbpc.org.au
s.loosley@vermontsc.vic.edu.au
sloosley@vaxc.cc.monash.edu.au
Croydon North Victoria 3136