“Anything, anywhere, anytime – and
we get to choose who gets prosecuted and who gets mailed to
Guantanamo.
Comments
on DOJ’s Defense of The Broad View of “Exceeds Authorized Access”
in the Computer Fraud and Abuse Act — And A Proposed Statutory Fix
September 12, 2011 by Dissent
Orin Kerr writes:
In his
post below, Stewart Baker writes that DOJ official James Baker
“gave a persuasive defense” of the broad view of that the
Computer Fraud and Abuse Act should apply to Terms of Service
violations and employee restrictions on computers. In this post, I
want to explain why I don’t find DOJ’s defense of existing law
persuasive. I will then propose a statutory fix to reconcile DOJ’s
concerns with the concerns of the CFAA’s critics — critics
including myself.
Read more on The
Volokh Conspiracy.
[From the article:
But here’s the problem. The Computer
Fraud and Abuse Act does not only protect particularly sensitive or
valuable information. Instead, the statute protects access to any
information, no matter of what source or kind, protected by any
restriction, no matter of how silly or serious, stored inside any
computer, no matter of what nature or importance, located anywhere in
the galaxy that the Commerce Clause can reach.
The US Tax Code is always amusing...
Rich
Tax Breaks Bolster Makers of Video Games
… Because video game makers
straddle the lines between software development, the entertainment
industry and online retailing, they can combine tax breaks in ways
that companies like Netflix and Adobe cannot. Video game developers
receive such a rich assortment of incentives that even
oil companies have questioned why the government should
subsidize such a mature and profitable industry whose main
contribution is to create amusing and sometimes antisocial
entertainment.
For example, Electronic
Arts of Redwood City, Calif., shipped more than two million
copies of Dead
Space 2 in the game’s first week on the market this year. It
shows a total of $1.2 billion in global profits
the last five years using an accounting method that management says
captures its operating profits.
But largely because of deferred
revenue, deductions for executive stock options and a variety of
accounting requirements, the company officially reports a net loss
for the period. And the company reports that it paid out $98
million in cash for taxes worldwide in those years.
Neither corporations nor the government
make tax returns public, and the information most companies disclose
in their regulatory filings is insufficient to determine how much
they pay in federal taxes and how that compares to the official
United States corporate rate of 35 percent.
All told, the federal government gave
$123 billion in tax incentives to corporations in 2010, according to
the Joint Committee on Taxation, with breaks for groups and people as
diverse as Nascar track owners, mohair producers, hedge fund
managers, chicken farmers, automakers and oil companies.
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