Aaron Swartz and Cybercrime: Time To Wake Up

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The Computer Fraud and Abuse Act was written in response to 1983′s War Games, according to EFF attorney Marcia Hofmann.

Not only is it stone age in origin, much of its sweeping power rests in one ill-defined phrase — unauthorized access — and one contract clause — terms of service. Yes, this is a law that is both civil and criminal in nature. Continue reading

Federal Judge Refuses To Return Domain Names, Claims Loss Not “Substantial Hardship”

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Seized ServersAccording to New York Federal District Court Judge Paul A. Crotty, the U.S. Immigration and Customs Enforcement (ICE) does not have to return two domain names that the government seized earlier this year. The primary reason given? The Spanish company has registered alternate domain names.

The domain names were seized in February due to claims (probably by FOX) of copyright infringement. However, Puerto 80 has prevailed in Spanish courts — twice — when challenged that content on Rojadirecta.com and Rojadirecta.org violated copyright. The site is an index (portal) to online sports events but also hosts discussion forums. It contains no advertising, and it hosts no content. Coincidentally (not!), the seizure happened just before the 2011 Superbowl, which was broadcast by FOX.

From the ruling (pdf) (emphasis added):

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Cooks Source Magazine Ignites Copyright Firestorm

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When Illadore (Monica Gaudio) discovered that Cooks Source Magazine had printed an article she wrote in 2005 without asking permission, she says the first thing she did was contact the publisher, Judith Griggs, by email. When Griggs told her that everything on the web was public domain, Gaudio started to see red. That’s when she posted the story on her LiveJournal account. From there, the story took on a life of its own. What can we learn from this firestorm?

Read timeline and conclusions at Storify. [I need to move WiredPen onto self-hosted WP so that I can embed stories like this one.]

Update: Cooks Source responds.