Friday, September 13, 2019
Identify two reported court cases that have impacted the evidentiary Research Paper
Identify two reported court cases that have impacted the evidentiary process or analysis in digital forensic cases - Research Paper Example The defendant was consequently sentenced to the federal prison of the US for 57 years, which was recorded to be the longest term of imprisonment in the constitution of cyber crimes. The prosecution of the court revealed that the defendant was using the Federal protected computer ââ¬Ëbotnetsââ¬â¢ for creating spam-wire all over the internet, launching of critical cyber attacks and to receive the fixing adware that caused immense threat to the confidential data protection of the government. During the hearing process, the defendant also committed that he had gained over $3,000 by selling the access of his botnets, which further deepened the seriousness of the cybercrime threatening the national security (The Federal Bureau of Investigation, 2006). He had sold the botnets to others who were using it for sending spontaneous commercial spam and the launch of Distributed Denial of Service (DDOS). Ancheta also provided his customers with carious knowledge regarding the use of botnets and proper maintenance of the DDOS attacks and the commercial spam that were considered as against the Federal law (Samaha, 2010). Holding The US court charged Ancheta with a number of acts under the constitution of cyber crime laws. The defendant was charged under 18 U.S.C. à § 1030 (a)(5)(A)(i) and 18 U.S.C. à § 1030 (a)(5)(B)(i) for making attempts to the transmission of code to a protected computer, under 18 U.S.C. à § 1030 (a)(5)(B)(v) against the attempts to make the transmission of code to the computers used by the government for the national defense, under 18 U.S.C. à § 371 against conspiracy of Federal and national defense information, under 18 U.S.C. à § (a)(4) against the access to the computers with an intention to commit fraud, and under 18 U.S.C. à § 1956 (a)(1)(A)(i) against his activities to promote money laundering (Imhof, 2010). Analysis In the case of Ancheta, the decision levied by the court was justified as his crime was found to be severely threatening fo r the US national security. The acts those were imposed on him were all in accordance to the law. The court also instructed Ancheta to pay $51,000 to the Federal against the damage caused to their computers (Imhof, 2010). Furthermore, the defendantââ¬â¢s 57 months of imprisonment created a record of the longest term of punishment in the US, which was very much justified if his severity of fraud was to be kept in consideration. Affect The case of United States of America v. Jeanson James Ancheta is often considered as a landmark case in the history of cyber and telecommunication crimes. The rule of the case contributed towards the development of stricter and a more advanced framework to identify and penalize the persons found guilty for committing cyber fraud or unauthorized access to protected computers being treated as unlawful (Schiller & Binkley, 2011). 107 F3d 4 United States V. Fernandez Lee Synopsis In the month of December 1992, Mr. John Lee was accused with the charge of framing a conspiracy to possess as well as use a cyber device, which was not authorized as per regulatory norms. This approach of the accused was found to be violating the section 18 U.S.C. à § 371 of the Federal Conspiracy law, which later resulted in his
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment