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A New Proposal for the Department of Justice’s Interpretation of the Computer Fraud & Abuse Act
by Natch Greyes
17 Va. J.L. & Tech. 10 (2012)   View PDF

This Note looks at one narrow, yet important piece of legislation, the Computer Fraud and Abuse Act (CFAA) and how the Department of Justice (DOJ) has interpreted the CFAA, from its inception in United States v. Drew to its attempt for legislative adoption of ... [show]
This Note looks at one narrow, yet important piece of legislation, the Computer Fraud and Abuse Act (CFAA) and how the Department of Justice (DOJ) has interpreted the CFAA, from its inception in United States v. Drew to its attempt for legislative adoption of its interpretation by Congress. That interpretation varies from the traditional interpretation of the CFAA, something this Note highlights, and has been given a hostile reception by the courts, especially in United States v. Nosal. Nevertheless, the DOJ’s interpretation is persuasive and its implications are examined in this Note. These implications are contrasted with a historical analogy, the No Electronic Theft (NET) Act, and a new solution is proposed, one that both achieves the DOJ’s goals and protects the rights of those who use the internet, by expanding negligent manslaughter to punish conduct like Lori Drew’s and the creation of a new statute to punish conduct like David Nosal’s. [hide]


Dual-Processing Models of Admissibility: How Legal Tests for the Admissibility of Scientific Evidence Resemble Cognitive Science’s System 1 and System 2
by Roselle L. Wissler, Keelah E.G. Williams, & Michael J. Saks
17 Va. J.L. & Tech. 11 (2012)   View PDF

This Essay explicates the correspondence between the law’s two most prominent rules for the admission of scientific expert testimony (the Frye general acceptance test and the Daubert test of evidentiary validity) and the most prominent dual-processing model in cognitive science: System 1 (fast, intuitive) ... [show]
This Essay explicates the correspondence between the law’s two most prominent rules for the admission of scientific expert testimony (the Frye general acceptance test and the Daubert test of evidentiary validity) and the most prominent dual-processing model in cognitive science: System 1 (fast, intuitive) and System 2 (slow, reasoned). [hide]




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