Lee V. PMSI, Inc.
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Lee V. PMSI, Inc.
''Lee v. PMSI, Inc.'', No. 10-2094 (M.D. Florida January 13, 2011), was a case in the United States District Court for the Middle District of Florida about whether the Computer Fraud and Abuse Act (CFAA) makes it illegal for an employee to violate an employer's acceptable use policy. The court ruled that violating an employer's policy did not "exceed authorization" as defined by the CFAA and was not illegal under the act. Background The Computer Fraud and Abuse Act (CFAA) makes it illegal (with both civil and criminal penalties) to access a protected computer without authorization. Courts have long debated whether the statute applies to an employee who violates an employer's internal acceptable use policy. That interpretation of the CFAA could mean that any employee who surfs the Internet, checks Facebook, or logs into personal e-mail from work is guilty of a federal crime if the employer's workplace Internet use policy prohibits that behavior. Shortly before ''Lee v. PMSI'', in ...
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United States District Court For The Middle District Of Florida
The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on July 30, 1962, with parts of the Northern and Southern Districts transferring into the newly created Middle District the United States Attorney for the District is Roger B. Handberg. Organization of the court The United States District Court for the Middle District of Florida is one of three federal judicial districts in Florida. Court for the District is held at Fort Myers, Jacksonville, Ocala, Orlando, and Tampa. Fort Myers Division comprises the following counties: Charlotte, Collier, Desoto, Glades, Hendry, and Lee. Jacksonville Division comprises the following counties: Baker, Bradford, Clay, Columbia, Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, ...
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Computer Fraud And Abuse Act
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law prohibits accessing a computer without authorization, or in excess of authorization. Prior to computer-specific criminal laws, computer crimes were prosecuted as mail and wire fraud, but the applying law was often insufficient. The original 1984 bill was enacted in response to concern that computer-related crimes might go unpunished. The House Committee Report to the original computer crime bill characterized the 1983 techno-thriller film ''WarGames''—in which a young teenager (played by Matthew Broderick) from Seattle breaks into a U.S. military supercomputer programmed to predict possible outcomes of nuclear war and unwittingly almost starts World War III—as "a realistic representation of the automatic dialing and access capabilities ...
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Acceptable Use Policy
An acceptable use policy (AUP), acceptable usage policy or fair use policy is a set of rules applied by the owner, creator or administrator of a computer network website, or service. That restricts the ways in which the network, website or system may be used and sets guidelines as to how it should be used. AUP documents are written for corporations, businesses, universities, schools, internet service providers (ISPs), and website owners, often to reduce the potential for legal action that may be taken by a user, and often with little prospect of enforcement. Acceptable use policies are an integral part of the framework of information security policies; it is often common practice to ask new members of an organization to sign an AUP before they are given access to its information systems. For this reason, an AUP must be concise and clear. While at the same time covering the most important points about what users are, and are not allowed to do with the IT systems of an organization, i ...
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Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Civil Rights Act Of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history". Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One of the United States Constitution, Article One (section 8), its duty to guarantee all citizens Equal Protection Clause, equal protection of the laws under the Fourteenth Amendment to the U.S. Constitution, ...
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Rule Of Lenity
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires that when a law is unclear or ambiguous, a court must apply the law in the manner that is most favorable to the defendant. The rule has a long history in the law and has been an important element of the relationship between the courts and the legislature, but its role in modern jurisprudence is less clear. Overview Today, determining legislative intent is a critical job that arises from the distinct and separate roles played by the judiciary and the legislature in administering justice. Judges are routinely required to apply the relevant laws and rules passed by the legislature to the decisions they make. There are reasons this can be difficult. For one, laws are intended to apply generally and it would be impossible for the legislature to foresee all the possible situations to which they might apply after their enactment. The rule of lenity is on ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Acceptable Use Policy
An acceptable use policy (AUP), acceptable usage policy or fair use policy is a set of rules applied by the owner, creator or administrator of a computer network website, or service. That restricts the ways in which the network, website or system may be used and sets guidelines as to how it should be used. AUP documents are written for corporations, businesses, universities, schools, internet service providers (ISPs), and website owners, often to reduce the potential for legal action that may be taken by a user, and often with little prospect of enforcement. Acceptable use policies are an integral part of the framework of information security policies; it is often common practice to ask new members of an organization to sign an AUP before they are given access to its information systems. For this reason, an AUP must be concise and clear. While at the same time covering the most important points about what users are, and are not allowed to do with the IT systems of an organization, i ...
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