Blog Jay Leiderman Law

The interplay between the present copyright laws and freedoms of information and expression is an emerging concept that will have to be addressed in court and legislative bodies as the free information movement and the digital revolution move forward.

The relationship between copyright law and freedom of expression has not been directly discussed by many courts in the context of emerging technologies. There is some tension between the imperative of copyright law (thou shall not use another’s expression, unless the use is fair) and the core of the right to freedom of expression, and that has been ignored by the law thus far, as the law typically lags behind technology for quite sometime.  Old judges scared of new things, I guess, can’t determine their place in the law until new things have become old things with a sense of permanence in the culture.

A court in England recently stated that “…rare circumstances can arise where the right of freedom of expression will come into conflict with the protection afforded by the Copyright Act…”, and that ”in these circumstances, … the court is bound, … to apply the [copyright] Act in a manner that accommodates the right of freedom of expression.”

What I’d like to do is see what people have to say in the comment section.  I will pay close attention to this thread and comment right along with you.  This is a fascinating emerging are of law where there is a confluence of technology and law and I want to know how people feel about it, and what you think might happen as these cases wind their way through the courts. Is this an issue of free information? Freedom on the internet? Is it an issue of privacy? Piracy? An issue of intellectual property trumping all other rights?

 

copyright

Is piracy illegal should it be what is the future of copyright?

 

Now shut down your Pirate Bay for a minute and let’s chat!

 

 

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website

Terrifying website streams camera footage from your webcam

Joseph Cox did a fantastic article about a website that streams camera footage from users who never changed passwords from the default passwords on their web cameras.  I was quoted in several places, but before we get there, let’s examine this article a bit.

There is a reason that I have seen this story go viral – it has been translated into myriad languages already and Mr. Cox’s reaseacrh has been the subject of many, many unoriginal stories.

Here’s how Mr. Cox began the story – see if it gives you a chill down your spine:

* * *

Last week, I sat at my computer and watched a young man from Hong Kong relaxing on his laptop; an Israeli woman tidying the changing room in a clothes store; and an elderly woman in the UK watching TV.

All of these people were completely unaware that I was spying on them, thousands of miles away, through devices that were inadvertently broadcasting their private lives on the internet.

* * *

I said:
Even if this researcher—if we can call him that—really is trying to expose weak security practices, there’s little doubt that this behavior is illegal under US law.

It appears the site has changed providers since the Mail investigation; the reporters said they tracked it down to Moldova, but it now seems to be hosted by GoDaddy.com with an IP coming from Moscow in Russia.

Legally, Leiderman said it doesn’t matter that no ‘real’ hacking is taking place and the cameras are accessed via their default passwords.

“You put a password on a computer to keep it private, even if that password is just ‘1,’” he said. “It’s entry into a protected computer.”

(more…)

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jay leiderman

Jay Leiderman knows: Gang cases, computer cases, drug trafficking cases, theft, other criminal law cases, they are tough to defend, and tougher to keep winning. When you do, people always want to take you down. Keep your head held high. It’s only important that you know that you have done your best and have reached success your way.

One of the things that you do, as a criminal defense attorney, is realize that the courts, cops, prosecutors and law are stacked against you. When you win a lot, especially on difficult cases, people never want to give the credit that you, your investigator and your client deserve. For those of you that know what that is like – whatever your calling or your lot in life, this is for you.

There are over 200,000 licensed attorneys in California. As of June 16, 2008, there were 335 Certified Criminal Law Specialists. Jay Leiderman is a certified specialist in Criminal Law. He received his certification from the State Bar of California’s Board of Legal Specialization in 2006. He is a vigorous, aggressive and skilled criminal trial attorney. Jay Leiderman can handle any criminal matter — from murder to petty theft or Driving under the influence.

At Jay Leiderman Law, we have proven results over years of practice, and we are uniquely qualified to represent you in your time of need. We are situated in Ventura, California but we handle cases throughout the state. We have the expertise, experience and skill to handle numerous types of legal matters.

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IMDB

Recently, someone placed me on the Internet Movie Database, or IMDB.

Here is my “filmography” –

Filmography
2014 The Hacker Wars (Documentary) (self)
2014 The Hacker Wars (Documentary) (senior advisor)

Yes, I “played” myself in this wonderful film. It is about – as the title suggests – the Hacker Wars.

jay leiderman in a movie called hte hacker wars about hacktivists

JAY LEIDERMAN IS ONE OF SEVERAL INTERNET LAW LUMINARIES AND HACKTIVISTS IT JUST HAD ITS THEATRICAL RELEASE IN THE EAST VILLAGE THEATER

For clips, try this post from this very blog: http://jayleiderman.com/blog/the-hacker-wars-vimeo-videos-of-jay-leiderman-in-the-theatrically-released-movie/

Here is the biography that is attributed to me. It seems like it is close to my Wikipedia page:

Jay Leiderman is a criminal defense lawyer based in Ventura, California. Jay has been practicing for 15 years and was certified as a criminal law specialist by the California State Bar Board of Legal Specialization in 2006.

The Atlantic Magazine called Leiderman the “Hacktivist’s Advocate” for his work defending hacker-activists accused of computer crimes, or so-called (“Hacktivism”) especially people associated with the hacktivist collective Anonymous.

(more…)

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