Explain the major provisions of the Patriot Act which assist the U.S. government in deterring cyber crimes. Evaluate whether or not the Patriot Act violates traditional notions of privacy found in the 4th Amendment of the U.S. Constitution.

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Patriot Act & Homeland Security Act and Cyber Crime

Prior to beginning work on this discussion read the Fong and Delaney (2013) (Links to an external site.) article and the Mitchell and Pate online resource (https://www.nti.org/analysis/articles/homeland-security-goals-challenges/).

The destruction of the World Trade Towers, the attack on the Pentagon, and the crashing of Flight 93 in September 2001 changed the ways in which the United States sought to protect itself from enemies and criminals, both foreign and domestic. The two landmark criminal justice federal laws enacted after the attacks were the Patriot Act and the Homeland Security Act (HSA). This week our discussion examines both the Patriot Act and the HSA and their applications to cyber crime investigations. Students will explore provisions of both Acts and explain how they assist in cyber-crime deterrence and prosecution.

Your initial posts will be divided into two groups. Please see the instructions below to determine which topics you must include in your 400 word minimum initial post.

Last names beginning with the letters A through L
My last name starts with a J***
Address the following issues in your initial post:

Explain the major provisions of the Patriot Act which assist the U.S. government in deterring cyber crimes.
Point out at least one example of how the Patriot Act can be used as an effective tool in investigating cyber crimes.
Evaluate whether or not the Patriot Act violates traditional notions of privacy found in the 4th Amendment of the U.S. Constitution.
Critique whether or not the Patriot Act is the most effective way to deter and prosecute cyber crimes.
Suggest alternative methods and provide solutions for the federal government to more effectively combat cyber crime

Last names beginning with the letters M through Z
Address the following issues in your initial post:

Explain the purposes for the creation of the Homeland Security Act (HSA).
Point out at least one example of how the HSA can be used as an effective tool in investigating cyber crimes.
Critique whether or not the HSA is the most effective way to combat cyber crime at the federal level.
Suggest alternative methods and provide solutions for the federal government to more effectively combat cyber crime.

Combined, the Patriot Act and the Homeland Security Act created the foundation for federal cyber crime investigation and prosecution for decades to come. As with the institution of any sweeping, new federal legislation, critics abound. As future criminal justice professionals, your work will largely focus on implementing these two initiatives and seeking ways to continually improve their application to protect society. Evaluate whether or not the Patriot Act and Homeland Security Act would have been created had the September 11 attacks on the World Trade Center, the Pentagon, and the downing of United Airlines flight 93 in Pennsylvania not occurred. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7 of the week and respond to anyone who replies to your initial post.

Explain how the 4th Amendment applies to non-tangible materials, such as the Internet, emails, and social media applications. Analyze the “reasonable expectation of privacy” for individuals and corporations when utilizing the Internet.

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Constitutional Issues – Right to Privacy

The 4th Amendment to the U.S. Constitution has traditionally applied to tangible materials: home, car, purse, personal belongings, etc. This Amendment states in pertinent part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In your 400 word minimum initial post, examine how this well over 200 year old amendment applies to the Internet and cyber crime investigations by addressing the following areas.

Explain how the 4th Amendment applies to non-tangible materials, such as the Internet, emails, and social media applications.
Analyze the “reasonable expectation of privacy” for individuals and corporations when utilizing the Internet.
Summarize the limits on governmental powers and methods to obtain private information from people and corporations garnered through the Internet.
Evaluate exceptions to the warrant requirement that police agencies can use to prosecute Internet crime.

What is the role of UN Security in resolving international armed conflict? What is the role of UN Security Council in prosecuting international war criminals? What is the role of the UN in maintaining world order? an the United Nations (and the UN Security Council) maintain world order?

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International Law Research Paper

The research paper must include a clear thesis statement and two to three arguments (this includes an introduction, analysis, and conclusion). In the analysis, must engage with Third World Approaches to International Law.

Paper topics may include:
• What is the role of UN Security in resolving international armed conflict?
• What is the role of UN Security Council in prosecuting international war criminals?
• What is the role of the UN in maintaining world order?
• Can the United Nations (and the UN Security Council) maintain world order?
• Can the history of international law explain our present world order?
• What is the status of Jerusalem in international law?
• Describe and theorize the role of the Third World in the current world order.
Discuss the contested and complicated history of the Sovereignty doctrine and its current significance.
• What is the history of statehood and why is it so contested?
• Critically discuss the sources of international law from a “Third World Approaches to International Law” perspective.

Produce a plan which will focus on advising Philomena of any potential liabilities in contract law. Identify related sources that address the legal issues in the scenario. Demonstrate in-text referencing whilst providing an outline plan.

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Problem solving assessment

Philomena owns a bookshop which specialises in acquiring and selling rare books. She recently saw an advertisement in a specialist book magazine for a first edition of a book written by Niccolò Machiavelli. The advertisement, which had been placed by Mark Harrington of Harrington’s Rare Books, stated that it was ‘on offer for £1000’. Philomena telephoned Mark on Monday morning. She informed Mark that she would buy the book for £750. Mark replied that he would sell it for £900. Philomena responded by saying she would need some time to think about buying the book for £900. Mark informed Philomena that he would not sell the book to anyone else until Philomena phoned him back in three days’ time with her final decision.
On the same day that Philomena had telephoned Mark, Ronan visited Philomena’s shop that afternoon. Ronan asked Philomena if she had a first edition of the book written by Niccolò Machiavelli and told Philomena that he would be willing to pay £1500 for such a book. Philomena informed Ronan that she would be able to obtain and sell him the book. Ronan was delighted and paid Philomena the £1500 in cash. She informed Ronan that he would be able to collect the book on Friday at 4pm. As soon as Ronan left the shop Philomena telephoned Mark. She informed Mark that she would purchase the book for £900. However, Mark informed Philomena that he had already sold the book to Greta for the asking price of £1000.
Philomena has been searching the internet and managed to find another first edition of the book written by Niccolò Machiavelli. It is on sale in a bookshop called Golden Treasures which is owned by Herbie Tomkins. Philomena telephones Herbie on Tuesday morning and asks if he still has the first edition of the book written by Niccolò Machiavelli. Herbie confirms he has the book and the asking price is £1300. Philomena informs Herbie that she needs some time to think about the price but will call him back at 5pm today.
Philomena decided to purchase the book from Herbie for £1300 as she will still make a £200 profit on the resale to Ronan. Philomena telephones Herbie at 5.35pm. Unfortunately, Herbie closed the shop at 5.30pm and her call is taken by the answer machine. Philomena is informed that the shop is now closed and will reopen on Thursday at 10am and to leave a message. Philomena leaves the following message for Herbie: ‘Hi Herbie, this is Philomena. I telephoned you today about the purchase of the first edition of the book written by Niccolò Machiavelli at a purchase price of £1300. I wish to accept your offer and will collect the book this Friday no later than 11am. I will put a cheque for £1300 in the post with a covering letter confirming my purchase. Bye for now.’ Philomena then writes a short letter confirming she is buying the book and places a cheque for £1300 inside the envelope with the letter. She writes the address of Herbie’s shop on the front of the envelope and posts the letter on Tuesday evening.
On Wednesday morning Herbie’s shop cleaner let’s himself in to the shop. He unplugs the answer machine, so he can use the vacuum cleaner but forgets to plug the answer machine back into the electrical socket when he finishes.
On Thursday morning Herbie opens his shop and his first customer is Tanisha. She asks Herbie if he has a first edition of the book written by Niccolò Machiavelli. He informs Tanisha that he has one copy of the book and the asking price is £1300. Tanisha agrees to buy the book, pays and leaves taking the book with her.
On Friday morning at 9am Herbie discovers that his answer machine has been unplugged. He immediately plugs in the answer machine and listens to Philomena’s message. Ten minutes later Philomena’s letter, along with the cheque for £1300 arrives. At 11am Philomena arrives at Herbie’s shop only to discover that the book has been sold to Tanisha.
Advise Philomena of any potential liabilities in contract law.

Knowledge
Produce a plan which will focus on advising Philomena of any potential liabilities in contract law.
Identify related sources that address the legal issues in the scenario.
Demonstrate in-text referencing whilst providing an outline plan.
Produce a reference list at the end of your work which reflects the academic style outlined in the Law undergraduate guide (LUG).

What reforms are needed to make the law more suitable for modern working practices, including the shift to working from home/ hybrid working patterns?

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Taxation Law

Critically analyse the rules on deductibility of travel expenses for employees and self-employed individuals. What reforms are needed to make the law more suitable for modern working practices, including the shift to working from home/ hybrid working patterns?

Explain whether or not each would prescribe the removal of President Simpson from office by the Senate (since she was already impeached for perjury). Would you agree with any of their decisions? Why or why not?

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Law in Philosophical perspective

During the third year of her term as US President, Wilamina Simpson is faced with an impeachment scandal. In July of her third year, President Simpson made a campaign trip to Michigan. While she was there, she apparently had an affair with the wife, Sharon Lupinski. of the Michigan governor.

The affair was not made public until President Simpson was investigated for improper stock market trading and the special prosecutor was tipped off that Simpson had engaged in the affair. A grand jury investigation questioned Simpson under oath and she denied having the relationship with Lupinski. However, hotel surveillance photographs later put them together in Lupinski’s room. Governor Lupinski divorced his wife and called for impeachment, pointing out that President Simpson had committed a serious crime.

In Michigan, adultery is illegal under the Michigan Penal Code Act 328 of 1931. It states as follows:

“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.”

President Simpson is a widower; legally she is single. She argues that she has committed no crime in the state of Michigan according to the law. While Mrs. Lupinski may have committed adultery according to the law, it is impossible for President Simpson to have done so since she is not an “unmarried man”. The District Attorney in the case, under pressure from the Governor, decided to go ahead with prosecution of the President—the trial proceedings await another development.

The US House of Representatives impeached President Simpson in December of that year based on the charge of committing perjury (lying under oath) before a grand jury concerning her relationship with Sharon Lupinski. Her defense was that she did deny the affair to the press, but only to avoid a scandal and to allow her to continue to do her job. She felt that the Michigan law did not apply to her, so she had committed no crime, just indiscretion in her personal life. She said she had sought counseling and advice from her pastor.

Article II of the U.S. Constitution holds that the President can be removed from office upon impeachment by a majority of the House and 2/3 of the Senate. Impeachment is specified for treason, bribery or “other high crimes and misdemeanors.” However, the Constitution does not define what counts as “high crimes and misdemeanors” and there is no consensus about what this phrase means. A “high crime” may refer to a “serious offense” or an “offense by a high-ranking official”, according to some legal commentators. A “misdemeanor” is usually a lesser offense (as contrasted with a felony) such as petty theft, public drunkenness, vandalism, or reckless driving.

Use natural law theory, positivism, and feminist legal studies to analyze the House’s decision to impeach in the case of President Simpson.

First, explain how each of these theories argue proper legal decisions should be made; that is, what is their descriptive approach to legal decision making in general?

Then, demonstrate for each of them whether or not they would agree with the decision to impeach President Simpson.

In your view, which one of the methods provides a better (not necessarily perfect) legal interpretation of the relevant law in this case? Explain why. What are the drawbacks of the other two?

Finally, using each of the theories, explain whether or not each would prescribe the removal of President Simpson from office by the Senate (since she was already impeached for perjury). Would you agree with any of their decisions? Why or why not?

Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

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Taylor’s & Fast Fasteners

Lou handles purchasing for Taylor’s, Inc., a small manufacturing business. An order had been placed for Taylor’s to produce 1,000 frames for delivery on Friday. On Monday morning, Lou, the purchasing agent for Taylor’s, learns that a component needed to fulfill the frame order has been damaged. The fasteners to be used to connect the wood frames have rusted and are unusable. Worried that Taylor will lose its largest customer, Lou’s boss directs Lou to obtain alternative fasteners as soon as possible. Lou faxes an order to his best supplier, Fasteners Fast, Inc., requesting that replacement fasteners be delivered by Wednesday. Pat, the order receiving agent at Fasteners Fast, receives the fax, confirms the availability of the necessary fasteners in inventory, and sends a Confirmation Notice by fax the same day to Lou. The Order and Confirmation Notices are reprinted below.

 

Purchase Order / Taylor’s Inc. Order Number 201507009

To: Fasteners Fast, Inc. Date: Monday Delivery By Wednesday close of business

10,000 #2 fasteners, zinc finish, corners

 

Supplier shall retain the risk of loss with respect to the product until the product has been received within the purchaser’s building.

 

Confirmation Notice / Fasteners Fast, Inc. – we deliver fasteners, FAST!

To: Taylor’s Inc. Date: Monday Confirmation of Order 201507009

Part No. 66881P: 10,000 #2 fasteners, zinc finish, corners / Wednesday shipping

Price: $4,600 + freight

All Items shipped FOB Seller.

Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

Did you find two or more high-level, primary sources to cite along with at least one secondary source? Did you correctly use Bluebook and correctly use the citations and not rely overly on quoted material?

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First amendment and how rappers lyrics can be used against them.

1) Validity of Sources (ie. did you find two or more high-level, primary sources to cite along with at least one secondary source?) worth 25 points;

2) Proper Citations (ie. did you correctly use Bluebook and correctly use the citations and not rely overly on quoted material?) worth 25 points;

3) Correctness of the Information Conveyed (ie. do you correctly explain the law and facts and correctly draw conclusions?) worth 25 points; and

4) Writing Quality (ie. is the paper well organized with opening and closing paragraphs, point sentences, lacking typos and grammatical errors, within page parameters?) worth 25 points.

Write a response papers agreeing or disagreeing with the readings; Compare and contrast the readings; Discuss issues from the readings that you found particularly interesting

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Response Paper

Response papers. Each student will be required to submit three response papers during the semester. Each response paper should be at least three full pages (double-spaced). The papers should respond to two or more cases in the readings for that week. Do not devote extended space to summarizing the readings. Instead, you should use the papers to

1) take a position agreeing or disagreeing with the readings;

2) make a further observation about the points discussed in the readings;

3) compare and contrast the readings;

4) in any other way discuss issues from the readings that you found particularly interesting. No outside research is required. The response paper will to the below cases and reading in the links below:

https://www.hollywoodreporter.com/business/business-news/california-appeals-court-discusses-newsworthiness-floyd-mayweathers-social-media-posts-98916-989164/

https://casetext.com/case/dahlstrom-v-sun-times-media-llc-4

https://casetext.com/case/haynes-v-alfred-a-knopf-inc

link the news on Hollywood reporter with the two cases as instructed above.

Did the sale of an item via eBay provide sufficient minimum contacts to support personal jurisdiction over a nonresident defendant in the buyer’s forum state?

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FACTUAL BACKGROUND AND PROCEDURAL HISTORY:

“Boschetto” is a Californian who lives in San Francisco. Defendant-Appellee Jeffrey D. Hansing is a Milton, Wisconsin resident. Defendants-Appellees, Defendants-Appellees, Defendants-Appellees, The Boucher Defendants are private firms with major places of business in Wisconsin: Frank-Boucher Chrysler Dodge Jeep, Gordie Boucher Ford, and Boucher Automotive Group (“Boucher Defendants”). Although it is not alleged that the Boucher Defendants’ website was related in any manner with the transaction at issue in this case, the Boucher Defendants do maintain a website that advertises their auto dealerships. Hansing works at Frank Boucher Chrysler Dodge Jeep, one of the Boucher Defendants.
On August 1, 2005, all Defendants “owned and advertised a 1964 Ford Galaxie 500 XL 427/425 hp R Code in awesome condition, not restored, rust free chrome in excellent condition, recently rebuilt and ready to drive, with clear title, and a vehicle warranty number of 4E68R149127,” according to the complaint. The car was listed for sale on the eBay Internet auction site, and Boschetto’s\ complaint included a copy of a portion of the eBay listing. Id. The item was listed as being located in Janesville, Wisconsin on eBay. On August 8, 2005, Boschetto placed a $34,106 bid for the Galaxie and was notified that he was the winning bidder through eBay the same day. Id. Boschetto and Hansing corresponded through email to coordinate the vehicle’s delivery from Wisconsin to California. On September 15, 2005, Boschetto hired a transport firm to pick up the car in Wisconsin, and it arrived in California. Id.
Boschetto noticed that the automobile was not a “R Code” as claimed upon arrival, and observed a number of additional issues, including a non-starting motor, rust, and major dents on the vehicle’s body. Id. Boschetto attempted to cancel the transaction by contacting eBay and Hansing, but his attempts were unsuccessful. Id. On February 23, 2006, he filed a complaint in the United States District Court for the Northern District of California. Boschetto asserted four state law claims (violation of the California Consumer Protection Act, breach of contract, misrepresentation, and fraud) and pled federal diverse jurisdiction under 28 U.S.C. 1332. (a).
All of the defendants asked for the case to be dismissed due to a lack of personal jurisdiction. The motion was granted by the district court on July 13, 2006. The district court concluded that the lone jurisdictionally relevant contact with California, an eBay sale completed with a California buyer, was inadequate to establish jurisdiction over any of the Defendants. Despite the fact that Hansing advertised the car on eBay, the district court noted that “eBay acted not as a ‘distribution center,’ but rather as a virtual forum for the exchange of goods,” and that in a standard eBay transaction — such as the one at issue in this appeal — the item goes to the highest bidder, and thus “the eBay seller does not purposefully avail himself of the privilege of doing business in a forum state absent some additional conduct directed at the forum state Id.
Boschetto’s request for additional discovery relevant to jurisdiction was similarly denied by the district court. The court held that Boschetto’s request for extra discovery was based on “speculation] without any support” that the additional discovery would provide jurisdictionally relevant facts, notwithstanding its “wide discretion” to allow or refuse such discovery. Id. On July 17, 2006, a judgment was entered, and this timely appeal was filed.

Issue:
‘’ Did the sale of an item via eBay provide sufficient minimum contacts to support personal jurisdiction over a nonresident defendant in the buyer’s forum state? ’’(Boschetto v. Hansing case brief summary, 2021)