Rivalry Weekend. The picks (2 units unless otherwise indicated): Arizona +11½ over Arizona State, San Diego State -3 over UNLV, Boise State -37 over New Mexico, UCLA +3½ over USC, Temple +8½ over Memphis, Minnesota +16 over Michigan State, BYU -15...
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Saturday College Football OpenThread
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Saturday College Football OpenThread
Rivalry Weekend. The picks (2 units unless otherwise indicated): Arizona +11½ over Arizona State, San Diego State -3 over UNLV, Boise State -37 over New Mexico, UCLA +3½ over USC, Temple +8½ over Memphis, Minnesota +16 over Michigan State, BYU -15...
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Attorney Presentation and Reckless Driving Defense
As a defense attorney, I think often about how to present my client’s case. What information does the judge need to know? I don’t need to lay bare the weaknesses of my client’s case. That is the prosecution’s job. My job is to present my client in the best light to the judge. Some times […]The post Attorney Presentation and Reckless Driving Defense appeared first on Reckless Driving and Traffic Defense Attorney.
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On The Media: Why Facebook Messenger Wants Access To Your Phone's Microphone
On The Media: Why Facebook Messenger Wants Access To Your Phone's Microphone:
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Local Law No. 8.... cont
"Persons found to have committed a criminal sex crime offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offenders due process and other rights, and the...
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The Knockout Game
Knockout Game is Anything but fun for Victims of It A dangerous new game is making its way across the country. Dubbed as the “knockout game”, it involves participants choosing a victim at random, and then assaulting that person without warning or provocation in an effort to “knock” them out. Most often perpetrated by teenagers,
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Wednesday U.S. v. Apel: Whether 18 U.S.C. § 1382, which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, may be...
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"The Danger in Disrespecting Jurors"
Andrew Guthrie Ferguson has this guest post at ACSBlog. In part: For the ninety-fifth time, a duly constituted local Alabama jury spared the life of a defendant facing the death penalty. In Woodward v. Alabama, the jurors voted 8-4 to...
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CA - Prepping to pee in park wasn’t perverted, jury says
Original Article
11/22/2013
By Kevin Fagan
Pinching a homeless guy for pointing Percy at the park instead of the porcelain was ultimately pointless because it wasn’t perverted, a San Francisco Superior Court jury said this week.
The homeless defendant, Mr. Hernandez, was accused of flashing a mother and her 4-year-old child on August 11 when he pulled out his penis to, by his account, pee at Franklin Square Park on Bryant and 16th streets. The 29-year-old woman said she thought the...
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OH8: Being overly polite is not suspicious conduct; search after dog sniff suppressed
Defendant was stopped for doing 45 in a 35. He was overly polite, and the officer found that suspicious and had a drug dog go around the car ten minutes into the stop. Overly polite and somewhat nervous is not suspicious conduct warranting detention for a dog sniff. State v. Fontaine, 2013-Ohio-5257, 2013 Ohio App. LEXIS 5466 (8th Dist. November 27, 2013):
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Selbstleseverfahren, Band 33
Original: Selbstleseverfahren, Band 33
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Getting a Better Grasp on New York Computer Crimes: Understanding the Basics of NY Computer Crime Arrest
It is not uncommon for prosecutors to seek a prison sentence or term of imprisonment for a defendant accused of and arrested for a computer related crime in New York. Although the crimes are generally viewed as white collar crimes and the potential sentences are not as significant as violent or drug crimes, the growing view is that these crimes should no longer be treated with "kid gloves." While I cannot cite any specific article, it is my opinion as a New York criminal lawyer who handles computer crime investigations and arrests, that prosecutors are taking computer crime offenses more seriously. I believe prosecutors are taking this position because they want to send a message to NYS legislators, as well as those who may commit these crimes, that the government should increase the penalties. If they do not, prosecutors will pursue significant punishment on their own.
With a little personal opinion behind us, the term "computer crime" is vast and encompasses many offenses in New York (each state and the federal government define these crimes differently). In People v. Puesan, 2013 NY Slip Op. 06530 (1st Dep't 2013), an appellate court addressed four different computer-related crimes. In this case, the defendant, while on leave from his job, and therefore unauthorized to enter its offices or use its computers, entered his employer's office and installed a keystroke logger computer program on three of the employer's computers. As a result the defendant was able to use the information he wrongfully obtained with the keystroke logger to gain access to another company program that stored customers' confidential information (danger, danger!).
Ultimately, prosecutors charged the defendant with and found guilty of 1) Computer Trespass (New York Penal Law 156.10), 2) Third Degree Computer Tampering (New York Penal Law 156.25), 3) First Degree Unlawful Duplication of Computer Related Material (New York Penal Law 156.30), and 4) Criminal Possession of Computer Related Material (New York Penal Law 156.35). The Appellate Division, after review, affirmed the trial court's holding.
Understanding NY Computer Crime Law & Applicability to Puesan
To find an individual guilty of Computer Trespass (NY PL 156.10), the People must show that the individual "knowingly use[d]...or accesse[d] a computer or computer network without authorization and...knowingly gain[ed] access to computer material." Addressing the first element, the law defines "without authorization" as "access of a computer service by a person without permission...or after actual notice to such person, that such access was without permission" (NY PL 156.00(8)).
The facts, in this case, show that the employer, through its employee handbook, prohibited employees on disability leave from entering the building, and that "the company deactivated those employees' access cards." Speaking to the "computer material" element, the law defines it as "any computer data or computer program" that "is not and is not intended to be available to anyone other than the person...rightfully in possession thereof...and which accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof" (PL § 156.00(5)). The Court, in their analysis, wrote that the "use of user log-in information and passwords obtained" through the keystroke logger program and the gained access to customers' confidential information did, indeed, prove that the defendant "knowingly gained access to computer material."
In order to find the defendant guilty of Computer Tampering in the Third Degree, it must be shown that he used or accessed a computer without authorization and "intentionally alter[ed] in any manner or destroys computer data or a computer program of another person" (NY PL 156.20) and, specific to this case, did so "with an intent to commit or attempt to commit or further the commission of any felony" (NY PL 156.25(1)). Here, the Court stated that the installation of a keystroke logger constituted "an alteration of the computer programs or programs on of the computers which it was installed." The defendant exhibited intent when he knowingly accessed and altered his employer's computers resulting in access to the computers' material.
To find the defendant guilty of Unlawful Duplication of Computer Related Material in the First Degree, it must be shown that he, "when having no right to do so...copies, reproduces or duplicates in any manner...any computer data or computer program with an intent to commit or attempt to commit or further the commission of any felony" (NY PL 156.30(2)). Supporting their holding, the Court wrote that the act of "installing a keystroke logging program to reproduce other employees' user ID's and passwords amounts to arranging for the duplication of that log-in information."
Finally, the court addressed Criminal Possession of Computer Related Material. Defined by NY PL 156.35, a person is guilty of Criminal Possession of Computer Related Material when "having no right to do so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of [New York Penal Law 156.30], with intent to benefit himself or a person other than an owner thereof." Here, the court showed that the defendant a) arranged for the duplication of computer data, b) possessed that data by exercising control over it, and c) intended to benefit either himself or someone else with the data.
For better or worse, there is not a significant amount of case law addressing the nuances and details of New Computer Crime statutes. Puesan helps address that shortage whether or not the holdings and decision in the case is helpful in your particular circumstances. Do your own homework if you are investigated or arrested for a New York Computer crime. Contact your own attorney determine the best path to successfully challenge the allegations.
To read more about New York Computer Crimes either click on the links directly or go the New York Computer Crime section of Crotty Saland PC where you will find links to an analysis of statues and legal decisions impact this area of law.
Crotty Saland PC is a New York City criminal defense firm representing clients in all stages of Computer Crime litigation in criminal courts throughout the City and suburban counties. Established in lower Manhattan, the two founding New York criminal lawyers at Crotty Saland PC served as New York Count Assistant District Attorneys before starting the criminal defense practice. One of our founding partners, Jeremy Saland, was an original member of the Identity Theft Major Case Section which was the predecessor to the Manhattan District Attorney's Office Identity Theft and Cybercrime Bureau.
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Fatal crash near Fish Creek Summit
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 12/01/13 06:30 am
Please direct questions to the District Office
The Idaho State Police is currently investigating a two vehicle fatality crash eastbound on US Highway 30 at milepost 377, two miles east of Fish Creek summit. Both lanes of travel are open at this time.
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NYT: Officers Are Told Race Can Be a Factor in Street Stops, but Not the Only One
NYT: Officers Are Told Race Can Be a Factor in Street Stops, but Not the Only One by J. David Goodman:
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NFL WEEK THIRTEEN
Everyone picked a loser in the survivor pool last week which means, that pursuant to article six of the rules governing the survivor pool, everyone alive at that point gets to continue another week. However, we have added a tie breaker. Each survivor will now also pick the winner of the Monday Night Football game, as well as the point total from both teams. To win the tie-breaker, you must first select the winning team, and if multiple participants do that, then the person closest to the point total is the winner, if two or more people tie in the tie breaker, then they continue to the following week. Lucy Lew got things off to a good start, squeaking out a Turkey day win with the Cowpokes. Alan Kaiser likes his wings Buffalo style, and he's going with the Bills at home over the free falling Falcons. Rumpole is rolling with Cam and the Panthers at home over the Bucs, while as usual, Weisman and Lurvey have yet to make a selection. If you want a little extra holiday money then consider the Browns at home -7 over the Jags, the Eagles at home -3.5 over the resurgent Cardinals, the Broncos getting 3.5 in KC, and the Redskins at home -2.5 over the up and down Giants. And then let it all roll on the J...E....T....S -3 over the visiting Fins. Site Feed
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Qualified Immunity and the First Amendment Right to Record Police
Geoffrey J. Derrick, Qualified Immunity and the First Amendment Right to Record Police, 22 B.U. Pub. Int. L.J. 243 (2013).
This is important because it almost always arises in the context of an arrest for photographing or videorecording.
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NFL Sunday Open Thread
Yikes! That was ugly yesterday - lost all my profits for the year on a -26 unit day in CFB. But today will be different! Here's the Amato and Armando Show with our picks:
The picks (Disagreements in BOLD) - (A) Minnesota Vikings -1, (J)...
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Habitual Drunk Driver Arrested In Lowell
A man from Lowell who already had two DUI convictions was recently arrested for a possible third charge of driving under the influence, even though his vehicle had an ignition interlock device.
According to My FOX Boston, the 46-year-old driver was pulled over in Pelham just after 1:00 p.m. after being reported slamming into a tree at the intersection of Simpson Mill and Hobbs roads. He was reported a number of times for driving "all over the roadway." After being stopped by officers, it was clear that he was "highly intoxicated and very unsteady on his feet," according to authorities. He was not only in possession of a number of empty alcoholic beverages, but also in possession of marijuana. He reportedly failed a number of sobriety tests, was arrested and is now facing charges of transportation of marijuana, possession of marijuana, conduct after an accident, aggravated driving while intoxicated as well as driving while intoxicated.
Our Boston drunk driving injury lawyers understand that this particular driver after convictions on driving charges in Lowell in 1984 and once in 2009 in North Carolina. This driver was instructed by courts to install an ignition interlock device on his vehicle under Melanie's Law. In the state of Massachusetts, the law requires drivers to have these devices is they've been convicted of DUI multiple times.
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The Hill: Pressure builds on Boehner for NSA vote
The Hill: Pressure builds on Boehner for NSA vote by Brendan Sasso:
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Chicago Sun-Times: Attorney for teen terror suspect wants to see secret evidence
Chicago Sun-Times: Attorney for teen terror suspect wants to see secret evidence by Kim Jansen:
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