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Links for December 3rd

  • Government as cyber-bully – Los Angeles Times
    Nevertheless, the federal government has no business using an anti-hacking statute to enforce an online business' usage rules. When lawmakers targeted unauthorized access, they were aiming at the cyberspace burglars who pick electronic locks or phish for passwords, not people who walk through open doors on the Internet to do things their online hosts cautioned them not to do.
    (overcrim myspace )
  • MySpace case bends the law
    If this were a movie, we'd fade to black and be done with it, but real life is rarely so straightforward, and this case is a good example. Drew wasn't convicted of driving someone to suicide or showing criminally poor judgment, but of violating the Computer Fraud and Abuse Act, which makes unauthorized use of a computer a crime.
    (overcrim myspace )
  • Economists Have Abandoned Principle – WSJ.com
    Bankruptcy is an opportunity for a company (or individual) to make a fresh start. A company in financial distress faces the danger that creditors will try to seize its assets. Bankruptcy gives it some respite. It also provides an opportunity for claimants to figure out whether the company's financial trouble was the result of bad luck or bad management, and to decide what should be done. Short-cutting this process through a government bailout is dangerous. Does the government really know whether a company should be saved?
    (bailout bankruptcy )
  • Tax Fraud Finale – WSJ.com
    The Department of Justice finally got something right in what was once the biggest criminal tax-fraud case in history: It dropped the case.
    (overcrim kpmg )
  • Prof. Adam Pritchard and Securities Class Action Reform: “The Revolution Has Begun (Maybe)”
    University of Michigan Law School Professor Adam Pritchard’s recent proposal to reform securities class actions via shareholder proposal has moved from a purely academic discussion to the real world. Prof. Pritchard reports today that a shareholder in Alaska Air has submitted a proposal to the company under Rule 14a-8 to amend Alaska Air’s certificate of incorporation to provide for “a partial waiver of the ‘fraud on the market’ presumption of reliance created by the Supreme Court in Basic v. Levinson.”
    (securities )
  • Mercenaries, Sonic Blasters No Match for Pirates | Danger Room from Wired.com
    Cheap solutions usually deliver cheap results – or in this instance, gave the shipping company a false sense of security but will cost, in the long run, a lot more than they bargained for. A counter-piracy team must be able to give more to a shipping company than simply a warm, fuzzy feeling. These men need to be armed with real weapons, with real bullets and take every action possible to prevent the pirates even approaching the ship they are supposed to be protecting.
    (pirates )

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