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15-Feb-2016 06:33

Amending the CFAA’s damages requirement to take into account the type of harms suffered by ratting victims would offer more people the ability to gain relief under the act’s provisions.Ratting also raises constitutional and judicial process concerns, relating both to public access to democracy and to the strict warrant requirements regarding searches by the government of private individuals.The litigation is still underway, but for now, the court's unwillingness to treat webcam snooping as protected under ECPA is a troubling but easily correctable deficiency in the law.Courts, or the legislature, should abandon or retool the "in-flight" metaphor and understand snatched webcam photos as interceptions for the purposes of the statute.There are counter-intuitive interpretations of aging electronic privacy statute passed before webcams were invented and a federal hacking law that offers a private individual the right to sue but imposes requirements on this right that exclude most victims of ratters. law and policy, though, can meaningfully improve the status quo and ensure that the public is protected.In the case of the government’s use of RATs against the public, the process is comically and characteristically opaque. As one of the authors of a recent policy paper reviewing the legal, technological, and policy issues surrounding RATs, I've given a lot of thought to the problem and how we can fix it.

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The CFAA was initially passed, as the story goes, in 1983 when Ronald Reagan saw the hacking film Of particular importance here is Section 1030(g), the act’s private right of action.While cautious browsing can make a difference when it comes to protecting yourself, for ratting victims, U. law, late as usual to the party, is lacking.* * *Despite repeated violations of privacy via webcam hacking, legal protections against RATs in the United States leave many behind.Theoretically available state-level protections vary widely from place to place, and federal law, as a privacy backstop, is inadequate.In 2009, when Susan Clements-Jeffrey purchased a used laptop from a student at the high school where she substitute taught, chances are she didn’t expect that the transaction would conclude with local police in her living room, laughing at her and calling her "stupid" while showing her explicit pictures of herself taken from her computer.

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Later, at the police station, according to court documents, the abuse continued, with the men now calling her disgusting while reading from her private instant message chats.

RATs are widely used in a variety of contexts, some benign, others not. It’s hard to know how many RATs are out there because of their covert nature.



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