Cyberlaw Book Resources - Chapter 18

Chapter 18 resources for the Cyberlaw book

By John Bandler

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Chapter 18 resources, https://johnbandler.com/cyberlawbook-resources-ch18/ (this page)
Read on as we cover how law is applied to cyber situations throughout this book.

True or False: We should look to see what “traditional laws” apply in cyberspace.
True or False: Repeating “the law needs to catch up”, is not a substitute for assessing the facts and what current laws might possibly already apply.
Summarize the processes of analogizing and distinguishing.
Assess two situations and summarize how they are “the same” and how they are “different”, and then summarize which position is most accurate (should control, e.g., whether the two situations are more “the same” or more “different”) and why.
The process of analogizing and distinguishing is most apparent in the sentencing of a convicted defendant. You are a judge sentencing a defendant who has been convicted after trial of shoplifting. The law provides for a sentence anywhere between nothing (conditional discharge) and one year in jail, with everything in between (fines, probation, community service, less jail, etc.). The prosecutor is duty bound to recommend a sentence they think is fair and just. The defense attorney recommends what would be best for their client (the minimum, a conditional discharge). What facts and circumstances would be relevant to determine what sentence is appropriate? What might each side argue? How it is the same or different from other shoplifting cases and other defendants? What factors would you use to decide if you were the judge?

Originally posted 11/20/2024. Updated 11/20/2024.