Friday, February 28, 2020

Identify two reported court cases that have impacted the evidentiary Research Paper

Identify two reported court cases that have impacted the evidentiary process or analysis in digital forensic cases - Research Paper Example The defendant was consequently sentenced to the federal prison of the US for 57 years, which was recorded to be the longest term of imprisonment in the constitution of cyber crimes. The prosecution of the court revealed that the defendant was using the Federal protected computer ‘botnets’ for creating spam-wire all over the internet, launching of critical cyber attacks and to receive the fixing adware that caused immense threat to the confidential data protection of the government. During the hearing process, the defendant also committed that he had gained over $3,000 by selling the access of his botnets, which further deepened the seriousness of the cybercrime threatening the national security (The Federal Bureau of Investigation, 2006). He had sold the botnets to others who were using it for sending spontaneous commercial spam and the launch of Distributed Denial of Service (DDOS). Ancheta also provided his customers with carious knowledge regarding the use of botnets and proper maintenance of the DDOS attacks and the commercial spam that were considered as against the Federal law (Samaha, 2010). Holding The US court charged Ancheta with a number of acts under the constitution of cyber crime laws. The defendant was charged under 18 U.S.C. Â § 1030 (a)(5)(A)(i) and 18 U.S.C. Â § 1030 (a)(5)(B)(i) for making attempts to the transmission of code to a protected computer, under 18 U.S.C. Â § 1030 (a)(5)(B)(v) against the attempts to make the transmission of code to the computers used by the government for the national defense, under 18 U.S.C. Â § 371 against conspiracy of Federal and national defense information, under 18 U.S.C. Â § (a)(4) against the access to the computers with an intention to commit fraud, and under 18 U.S.C. Â § 1956 (a)(1)(A)(i) against his activities to promote money laundering (Imhof, 2010). Analysis In the case of Ancheta, the decision levied by the court was justified as his crime was found to be severely threatening fo r the US national security. The acts those were imposed on him were all in accordance to the law. The court also instructed Ancheta to pay $51,000 to the Federal against the damage caused to their computers (Imhof, 2010). Furthermore, the defendant’s 57 months of imprisonment created a record of the longest term of punishment in the US, which was very much justified if his severity of fraud was to be kept in consideration. Affect The case of United States of America v. Jeanson James Ancheta is often considered as a landmark case in the history of cyber and telecommunication crimes. The rule of the case contributed towards the development of stricter and a more advanced framework to identify and penalize the persons found guilty for committing cyber fraud or unauthorized access to protected computers being treated as unlawful (Schiller & Binkley, 2011). 107 F3d 4 United States V. Fernandez Lee Synopsis In the month of December 1992, Mr. John Lee was accused with the charge of framing a conspiracy to possess as well as use a cyber device, which was not authorized as per regulatory norms. This approach of the accused was found to be violating the section 18 U.S.C. Â § 371 of the Federal Conspiracy law, which later resulted in his

Wednesday, February 12, 2020

History Education in Primary Schools Essay Example | Topics and Well Written Essays - 2000 words

History Education in Primary Schools - Essay Example The pedagogical imperative of such historic education was to harbor conformity, rather than the modern notion of enabling critical though. 1 Colonialism and the World Wars brought about a change in how history would be taught, especially after Education became the state’s function. The emphasis then shifted towards a nationalistic approach of teaching history, what we term as propaganda. We now we live in an era where history is studied in a global context, with the supplementary aim of creating a sense of multiculturalism and diversity. Among the roles of history education, especially in the current context of increased cross cultural interaction, the role of History Education includes: 2 Schools as Social transmitters Promoting active Citizenship Making History Real Promoting Positive Values The same study suggests that debate on the role of history education usually occurs on: Nature of truth Tempering truth Avoiding Moral Relativity While the methodology and focus of histo ry education might be a matter of debate, the importance of this area of study remains uncontested, particularly from a functional aspect. FOCUS OF HISTORY EDUCATION: The focus of history education has often been a matter of debate between politicians and the academia, the crux of which has primarily been the purpose of teaching history. Politicians like the British education secretary, Michael Gove3, claim that the purpose of history education is to inculcate a sense of nationalism in the students so that they are in touch with their political and cultural roots. A score of policy makers believe that the history currently being taught in schools deviates from important British history and is more inclined towards European history and global events. This would obviously imply trimming and framing the curriculum with selected facts and information that would reinforce patriotic sentiments in the targeted students. Academians like Dr Marcus Collins, of Loughborough University, claim t hat such a selective approach of history education is reminiscent of a subtle form of propaganda, that has been a feature of undemocratic nations. This school of thought believes that the most pressing issue with history education isn’t the curriculum, but the amount of time that is devoted to teaching history. Where history education should be made compulsory to higher levels of education, policymakers are bent towards further curtailing the time that is allotted to teaching history. If this notion is translated to educational policies, then history education will indeed become impotent in imparting the necessary analytical skill set it sought out to cater to. It is believed that British history cannot be isolated from European history as much of Britain’s political activity took place beyond its borders, across continents. This debate is part of the government’s frustration over the liberal academic approach that is prevalent in schools, citing a lack of focus and discipline as major issues. As a consequence, the government4 has erected a new program where military officials will be planted as teachers in school to maintain decorum and cement a more focused approach to teaching with the notion of the ‘