Major Issues in Legal Questions - Essay Example

Legal Questions and Section # of Legal Questions Background: By PGP key is meant the Pretty Good Privacy key, this is a key used to encrypt a message, which helps secure the document. The security is such that. The sender sending the message puts the PGP key to it. It can be decrypted only by the receiver. As this key can only be shared by the receiver, but on the receivers end this key is used to decrypt the data on the message. Answer 1) Now, that Kathy had Put Bill's PGP key on the Mail # 6, the legal implication of this act on Kathy is barely anything. By law, the PGP key can only be accessed by someone else only if the owner permits them to. And so obviously firstly because Kathy had a special relationship with Bill and Bill was away, she was permitted to use his Email and so on. Kathy's participation would be considered in terms of the fact that other messages. Other than the email # 6 can be deemed as Kathy's message and not Bill's. But for this Bill would have to be coward enough to turn his back on Kathy and say that she accessed his Email account without permission. So in this case Bill is responsible for correspondence #6 in evidence. 2) Background: The FBI took Walt into custody, searched his personal computer and went through all his data. Found Jim's and his corporation's confidential information. By law, now, they held Walt. But the case description does not specify any warrants being shown to Waltz. One thing being clear. Walt was hacking Jim's system for his personal and Bill's personal advantage and their firm's advantage. Answer) Walt can plead for the motion of cause, only in the following cases: if Walt is able to prove that has committed a minor crime or a crime that has not caused sever damage or loss to the concerned party. Legally, if he has caused damage and loss to the concerned party, he cannot be granted the Motion of Cause. Because as the motion of cause suggests that the evidence found during the search, it would not be allowed to be presented as evidence in court. Waltz has to justify if he can his act of hacking Jim's and the corporation's network for mis use of information. Other wise he cannot be granted the Motion of cause. 3) The CPIF stands for Cost plus incentive fee contract. Megacorp and Mesoco. in other words John and Jim and both their firms had a contract , as this contract was a CPIF contract , by law , Mesoco will have to pay the Amount as ruled by the court because of the implication that CPIF had on their contract . Legally it was not John or his firms' responsibility to know how Jim will complete the project. It was Jims Responsibility. As the CPIF indicates the cost of the project plus some bonus if all is successful. 4) Barbara was at fault initially, she did decide in hastiness, or what one might presume is that, now that she knew she had settled for a lesser amount, she thought this was a good way out. Other than that if we observe the other facts. Which are that she was not qualified enough to handle the project wholly. So she was honest enough to let Bill and Kathy know that she would not continue, if she would she would need an extension on the deadline as well as the assistance of two other people who would be able to do the job for her. For some extra cost. That extra cost was also specified in the mail correspondence. Furthermore, other than this if that wouldn't or couldn't be the case she herself volunteered to back out, and just be paid for the work she had done up till then. The contract she made with Microdev was true and very much there. They can hold her in court against making them suffer when they were half way through the project. Just because she was not careful enough to read all the specifications clearly does not let her buy herself out of the situation. Legally, also Bill and his firm can take her to court and possibly win, if they can prove their point. 5) Nanotechnocrats owe money to Microdev. It is quite sensible. But legally, because Barbara, had informed Bill of the development on the issue, promptly. She can plead, along with her firm that she had informed Bill of the situation before hand. This might let her firm win. But in the other case, if, we look at it otherwise, she and her firm should pay Microdev because, again if she did not read the specifications, and did not know her and her firms capacity to work. It was not Microdev's fault. 6) Yes, Nanotechnocrats should be able to recover the amount from, Sirius. Why because. They have clearly cause infringement, by using the base as the part of the software Nanotechnocrats had created. This software or this part that they had designed, by law cannot be used by any other firm unless under permission. 7) There are two folds to this issue, If Kathy had encrypted this message with Bill's PGP key then nobody but Bill is responsible. Otherwise, Kathy can be responsible to the point that because she and Bill had such a special relationship, she knew of his working, if this was the case why did she pass on Faulty information. If that was not the case, then why did they agree to take the project. If this does not happen. Then Bill is directly responsible for the Lie that caused all this trouble to all these firms. 8) Both Jim and Bill had specific responsibilities as far as email number 10 scenarios were concerned. Jim had the responsibility, of enquiring before hand, if Bill and his firm would be able to successfully handle the project. Because he did not, he never knew Bill and his firm did not have the complete facilities required to successfully carry on and finish the project. Bill on the other hand had the responsibility of Letting Jim know honestly about his work lab location, his equipment, and also that at the time of correspondence the required, equipment was not yet installed but had to be shipped. (But that never happened). And so if nothing was going right bill had the responsibility of letting Jim know, that things were not right. At least at that point in time Jim would have been able to suggest some solution. The case portrays a very irresponsible act from both Jim and Bill. Jim got busy with his promotion and his vacation celebration. And never enquired the status of the project. Probably because he assumed Bill was a long time friend. That Bill would not let him down. 9) Yes, Megacorp as justified in refusing the delivery on December 1st. John at Megacorp had already specified to Jim as to what time of delivery would be best. And after what time it would be useless to deliver. 10) Because of what, Bill did to Jim. Jim defaming him in his circuit was not enough payback. Legally under the defamation law, if something that is true about an individual is made public, if it is true and in the interest of the society and its individuals, it cannot become the base of a suit in court. But if Bill being the affected party, can prove in court that all allegations drawn out against him are false. He can claim the mentioned or more damages. 11) The liability on the individual if exposed can exceed the basic amount in case it is proved in court. 12) The legal implication of Jim using mij as his password. Would be nothing if seen just like that. But because the information Jim had on his Personal computer, was not only his personal stuff but also of the company's confidential and internal information. The company can hold Jim in the court of law accusing him of being irresponsible in handling the Information. Jim should have kept a more complicated password, or made sure that the company's data was stored separately. Being a professional in the same field, protecting his Computer and system from hackers should have been his priority. By law also, information security is the individuals responsibility (the one who has the information) under this law, the company can hold Jim in court and can possibly win. 13) The CFAA stands for Computer Fraud and Abuse Act (CFAA), the violation is deemed as a federal criminal one. This permits any company that has suffered damages or loss, the company can claim compensatory amount. What waltz has done, is that he has hacked illegally Megacorp network, through Jim's Personal computer. Now, the company along with holding Jim, can Hold waltz in the court of law, and sue him for damages. And Jim's firm Megacorp has a high chance of winning the case. Unless waltz is able to prove otherwise. Waltz cannot offer any logical defense as such, against this standing of Megacorp in court. 14) Jim had this child Pornography photographs saved on his PC. There can be only two logical reasons. One being that somebody had sent him these via email; he had planned to delete the m but could not out of some reason. And the other being that, Jim was going through these pictures while working on the internet. Either ways, if Jim can prove in court that he is not participative in any such activities; the court might let him go. Also, if Jim, can prove in court that alt had placed these child pornography pictures amongst the files he picked up while hacking Jim's system. To cause him further distress and trouble. Jim can possibly, come clean out of these allegations. 15) Bill can very well be indicted in both CFAA and ECPA cases. Because, Bill was the one who basically got waltz onto the case and asked him for assistance on the hacking circuit act. Under the law of CFAA, both Bill and Walt deserve to be punished for the fraud. Also under the ECPA which implies the Electronic Communications Privacy Act (ECPA) it defines the fact that if it is being violated in any case. This violation can occur at any point in time when customer information is disclosed by one party to the other or a vague legal process is used to do the same. The case in due course tends to come to a decision; the main thing to be decided is the fact if the defense was in good faith or vice versa. 16) Trade secrets : the trade secrets are , customer information , customer identities, customer preferences , merchandise pricing, the strategies used by the company for marketing and distribution purposes , the financial information of the company also all manufacturing and sales information of the company along with budgets and forecasts . This law is made up of two other laws the contract Law and the state law. Under this law the petitioner needs to prove in court that there was a thing such as a trade secret which existed, and that the company had ownership rights to it. Otherwise they may loose the case. So, as the above explanation implies, that Jim and his corporation will have to pay this money to Megacorp, because Megacorp was concerned and had contract with Jim and his firm. All the information, required for the completion of the project was provided by Mega Corp (Johns Company) it was their property that was also on his PC when it was hacked by Waltz. 17) Mesoco can argue that, more than Microdev, it has been the sufferer, because it had to face the loss of the project and the loss of confidential information because of Jim and why because Jim had employed Microdev to carry out the Procedure required. So, Megacorp can argue that instead of Microdev being granted this amount, all these grants should be given to Megacorp as the most sufferers has been this organization. 18) Yes he did, because under the law of criminalizing wiretaps, there are certain devices planted or software used to illegally access information r databases that are not your property. This is what Walts did. He hacked the system, through his software. 19) Waltz is in no position to plead not guilty, he was Bills partner, he obliged Bills request to hack Jim's PC. He did intrude and got hold of information that was not his. What would logically be his defense in any case. Even if we think real hard and say that trade secrets were not what he was after. This point he would have to prove in court or else suffer the consequences. 20) The reasons that airport radar facilitated in increasing the MTBF of Microdev's computers and increasing the amount of sick leave taken by Microdev's employees excuse the late delivery of the system to Mesoco. Are not valid. Why because, Bill knew where he resided, what computer equipments he had, what was their work capacity and all. It was his work Lab, how could he have not known that the airport radar system would hinder their work and cause such losses. He was functioning or rather operating from the same premises before this deal happened as well. So there is no reason Microdev or bill for that matter can be excused for misleading Jim and his firm into such a loss. There can be though only one, logical reason, If bill is able to prove in court that his order of the latest equipment he had placed was bound to be received before he would have started working on the project. And because he was sure, he took the deal. But later he was informed by the selling agent that they could not make the delivery due to some reason. And the order he had placed had cancelled. There was no other way to purchase the same on a short notice and so he initiated work on the present lot of machines that he had in his work Lab. But he would have to prove this in court. In order to win the defense. 21) Bill can ask Marry out for drinks if he wants to, but only after he is sure he can get away with all the charges on him in court. And that Kathy if she was not aware of the fraud would like to live in or continue the relationship with such a criminal. (In the case he is proved one in court). (Policy for Internet Services , 1996 ) References 1) Adopted by the Committee on Rules and Administration on July 22, 1996 (Revised December 21, 2005) Adopted Policy: U.S. SENATE INTERNET SERVICES USAGE RULES AND POLICIES Policy for Internet Services Read More