Tag Archive for: Violations

DOJ Announces It Will Not Charge CFAA Violations for Good-Faith Security Research | Seyfarth Shaw LLP


The Department of Justice recently announced a revision of its policy concerning charging violations of the Computer Fraud and Abuse Act (the “CFAA”). Following recent decision from the Supreme Court and appellate courts that seemingly narrow the scope of civil liability under the CFAA, the DOJ’s new policy may likewise limit criminal prosecutions under the law.

As regular readers of this blog are well aware, the CFAA provides that “[w]hoever … intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer … shall be punished” by fine or imprisonment.” The DOJ’s announced policy, however, now directs that “good-faith security research” should not be charged. “Good faith security research” means “accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services.”

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems. Thus, the DOJ will consider several factors in determining whether CFAA prosecution should be pursued, including

  1. the sensitivity of the affected computer system and harm associated with unauthorized access;
  2. concerns pertaining to national security, critical infrastructure, public self and safety, market integrity, international relations, or other considerations having broad impact on national economic interests;
  3. if the activity was in furtherance of a larger criminal endeavor or posed risk of bodily harm or a threat to national security;
  4. the impact of the crime and prosecution on third parties;
  5. the deterrent value of an investigation or…

Source…

LAPD Watchdog Says Department’s Data-Based Policing Is Producing Nothing But Wasted Time And Rights Violations

The Los Angeles Police Department has just received some bad news from its oversight. It’s probably good news for the policed — many of whom are being disproportionately targeted thanks to biased input data — but the LAPD can’t be pleased that its reliance on expensive, mostly-automated tools hasn’t produced worthwhile results.

The department relies on a handful of tech tools to aid in its policing, but it doesn’t appear to be helping. It has CompStat — a holdover from the early 2000’s when Bill Bratton still ran the department. To that framework, it has added LASER — a nifty acronym that stands for “Los Angeles’ Strategic Extraction and Restoration.” The program with the reverse engineered nickname actually relies on input from human analysts to determine where officers should be deployed. But this reliance on data-driven policing isn’t making the city any safer, despite LASER’s focus on violent crime.

Here’s what the LAPD’s human analysts put together for the department’s patrol officers.

In perhaps the most contentious strategy, each of the department’s 21 geographic areas used data to compile lists or “bulletins” of people calculated to be among the top 12 “chronic offenders.”

The program assigns people points based on prior criminal histories, such as arrest records, gang affiliation, probation and parole status and recent police contacts.

This strategy received some public blow-back, resulting in the department abandoning it last August. Nothing of value was lost.

[Inspector General Mark] Smith examined data collected prior to the suspension.

He found 44 percent of chronic offenders had either zero or one arrest for violent crimes. About half had no arrest for gun-related crimes.

So much for curbing violent crime. All it did was create a loop where cops targeted nonviolent offenders, resulting in another arrest/detention that added more points to the person’s LASER record, resulting in even more targeting and, inevitably, more interactions with police officers. It’s a feedback loop no one can escape.

To make things worse, officers had the power to place people into this damaging loop by “nominating” them for targeting with LASER. The point-based system that was supposed to limit this targeting to just the worst of worst street criminals could be bypassed. Nominated citizens would find themselves rising up the ranks on the LASER lists, racking up points simply by officers performing stops based on faulty inputs.

And while the tech is supposedly improving, the quality of policing isn’t. CompStat has had nearly a 20-year run in LA, but its results are negligible. Predictive policing — which has its own bias issues — isn’t doing any better.

Like the other program, Smith found discrepancies with the data collection and could not draw conclusions to “meaningfully evaluate” the program’s overall effectiveness to reduce crime, the report said.

Unfortunately, the report recommends the LAPD stay the course. The LAPD is supposed to spend more time “reviewing” the data that isn’t producing results and tailor its outputs with an eye on Constitutional rights. As it stands now, the LAPD is allowing databases to conjure up reasonable suspicion for stops. That can’t keep happening. But the way forward can’t be more of the same, only at a slightly slower pace.

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