Transcript Trial in Style in the Electronic Age

The Internet And Its Impact On
The Practice Of Law
THOMAS S. FORKIN FAMILY LAW
INN OF COURT
December 18, 2012
He claims to have created the Internet.
Who is he?
He is Albert Arnold Gore, Jr., the 45th
Vice-President of the United States.
• In an interview with Wolf Blitzer of CNN, Al
Gore said, and I quote:
• “During my service in the United States
Congress, I took the initiative in creating the
Internet”
What is the Internet?
• A Global system of interconnected computer
networks that serves billions of users worldwide.
• A Network of networks that consists of millions of
private, public, academic, business, and
government networks, of local or global scope.
• INTERNET Carries information from the interlinked documents from the Worldwide Web
(WWW) (a.k.a. the Web) and supports the
infrastructure for Electronic mail in the Electronic
Age.
What benefits does INTERNET give us:
• Productivity and Personal gain benefit from
instant access to the INTERNET by having:
• Access to communications
– Such as Email, Instant messaging, texting, and video
phone calls
• Access to tasks
– Such as Telecommuting, Schooling, Banking, Shopping
• Access to information
– Such as the Worldwide media, encyclopedias, blogs
Evolution to the Electronic age.
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The Big Bang
Ice Age
Dark Age
Industrial Age
And Now the Electronic Age – that gives us
Instant access to information, communication
and networking. And since 1989 the INTERNET
became accessible to the public. Prior to that,
INTERNET access was limited to the government
and the academia.
Until Recently, He was the Protector of
this country’s secrets. Who is he?
He is General David Petraeus
• Former Director of the CIA
• Who Fell from grace.
• Just recently, He was the most admired man in
the United States, who ran the largest, best
funded, most capable intelligence service in
the history of the world
• He resigned because of an extra-marital affair
conducted in and discovered by the INTERNET
INTERNET provides Information,
Communication and Networking
• Internet Service Providers – in our area Comcast, Verizon
– They are Authorized to disclose to others, either voluntarily or
compelled, because of the Stored Communications Act
• Access to the Internet via Web browsers – such as
Internet Explorer, Firefox, Chrome, Safari that use
– URL: Uniform Resource Locator – which requests a web page
– HTTP and HTTPS: HyperText Transfer Protocol – is the
encryption of communication. Reasonable guarantee that
communication is with whom it was intended.
– HTML: HyperText Markup Language – used to annotate a
document
– HyperText: reference to other text by immediate access
through a link. Portions of this presentation will be on our
website, can be accessed by members, linked to information.
INTERNET Social Media – Instant
interaction through websites such as:
• facebook: that shares photos, videos, profiles, comments
with family, friends, and possibly the world
• You Tube: that shares videos with family, friends, the world
• Twitter: text based messages and a member can follow
people (family, friends, celebrities, or others …)
• Instagram: that shares photos, and follows people
• Pinterest: online pinboard with image collections, and idea
sharing
• Linkedin: professional networking by invitation of existing
members
• Not many obstacles to becoming members of such
websites, or posting on them.
• All communications are at the speed of light.
Swords are used as Weapons
for attack and for defense
Benefits can also be liabilities.
Swords are Double edged.
What are the PRIVACY CONCERNS of
the INTERNET:
• HTTP Cookie – a packet of information sent by a server to a
Web browser and then sent back by the browser each time it
accesses that server for user authentication, user tracking,
and maintaining user-specific information. You visited 3 times
• Cloud Storage – networked online electronic storage of files
from a private or public device.
• Location-Based Service – location tracking capability for
mobile devices. I can find my phone (yay) or others can find
me (ugh).
• Stored Internet Communications Act – prohibits an entity to
knowingly divulging contents of a communication, unless
lawful consent from the originator or the intended recipient.
SOCIAL NETWORKING
• A social network is a structure determined by
interaction between individuals or entities, such as:
• facebook - www.facebook.com/about/privacy
• You Tube - www.google.com/intl/en/policies/privacy
• Twitter – www.twitter.com/privacy
• Instagram - www.instagram.com/about/legal/privacy
• Pinterest – www.pinterest.com/about/privacy
• Linkedin - www.linkedin.com/static?key=privacy_policy
LINKS OF INTEREST
• http://whatismyipaddress.com/ - finds your IP address;
defines electronic age terms such as cookies, hacking,
phishing.
• http://proxify.com/ - surfs the Web privately and securely,
hides your IP address.
• http://www.law.cornell.edu/uscode/text/18/2701 - Stored
Communications Act and unlawful access to communications.
• http://courses.ischool.berkeley.edu/i205/s10/readings/
users-guide-SCA.pdf - 4th Amendment issues with
Stored Communications Act.
• http://www.search.org/programs/hightech/isp/ - list of
Social Network providers.