This project provides you with the opportunity to increase and demonstrate your understanding of cyberlaw theory and practice. You will need to choose a law(s) that you are interested in researching. The paper must be 4-6 pages in length detailing the below questions. Before completing the below steps, please make sure that the topic is approved.
1. Thesis: What law are you researching (You are to choose a specific law. Please do not choose a topic)? What position do you want to take in regard to your chosen law? You will need to decide if you agree or disagree with the current way the law is written. You can choose to like certain aspects of the law and not others.
2. Background: What is the existing point you want to challenge or support, and how did the law get to be that way (This is where you would need to find cases, background information, etc.)?
3. Inadequacies: What are the deficiencies in the present way of doing things, or what are the weaknesses in the argument you are attacking?
4. Adequacies: Discuss the positive aspects of the law?
5. Proposed Changes: How will we have a better situation, mode of understanding or clarity with what you are advocating? In short, how can the law be improved (or not diminished)? (This is where you have the chance to change the law with your own ideas of how it should be written).
6). Conclusion: Why should and how can your proposal be adopted?
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Cyberlaw: An Examination of the Computer Fraud and Abuse Act (CFAA)
Thesis
The Computer Fraud and Abuse Act (CFAA) has become a cornerstone of cyberlaw in the United States since its enactment in 1986, but its vague language and broad application have resulted in significant misinterpretations and abuses. This paper argues that while the CFAA is essential for protecting computer systems and data, its provisions require substantial reforms to better delineate acceptable use and clarify penalties, thereby preventing overreach and unjust prosecutions.
Background
The CFAA was originally created to address computer hacking and unauthorized access to computers and networks, reflecting the growing concern over computer-related crime in the digital age. The law has undergone various amendments, often expanding its scope to include not just hacking but also accessing protected information without authorization. Notable cases, such as United States v. Aaron Swartz, highlight the CFAA’s controversial application. Swartz was prosecuted under the CFAA for downloading academic journal articles from JSTOR, which led to severe legal consequences, raising questions about the law’s proportionality and intent.
The existing point of contention lies in the interpretation of “exceeding authorized access,” a term that remains ambiguous. Critics argue that this vagueness allows for prosecutorial discretion that can lead to unintended consequences, chilling legitimate research and innovation.
Inadequacies
One of the primary deficiencies of the CFAA is its ambiguity regarding what constitutes “unauthorized access.” This lack of clarity can result in disparate enforcement, where individuals engaging in benign activities—such as security research or accessing publicly available data—face severe penalties. For instance, the case against Swartz exemplifies how the law can be weaponized against individuals whose actions may not align with malicious intent but still fall within the broad definitions outlined by the CFAA.
Additionally, the act’s punitive measures often do not correspond with the severity of the offense. In cases involving minor infractions or acts of good faith, defendants can face draconian penalties, which can deter innovation and lead to a culture of fear regarding cybersecurity research and experimentation.
Adequacies
Despite its shortcomings, the CFAA plays a critical role in safeguarding digital infrastructures and combating cybercrime. The law provides law enforcement with necessary tools to prosecute serious cyber offenses, such as identity theft and data breaches. By establishing a legal framework for addressing these crimes, the CFAA helps ensure accountability and protection for individuals and organizations alike.
Moreover, the act has fostered a heightened awareness of cybersecurity issues across various sectors. Its existence has prompted businesses to implement stronger security measures and invest in technology that protects sensitive data from unauthorized access.
Proposed Changes
To enhance the effectiveness of the CFAA while protecting individual rights, several reforms are recommended:
1. Clarification of Terms: The definition of “unauthorized access” should be explicitly delineated to differentiate between malicious intent and benign actions. This clarity will help prevent misuse of the law against ethical hackers and researchers who contribute to cybersecurity.
2. Proportional Penalties: Introduce a tiered penalty system that correlates the punishment with the severity of the offense. Minor infractions should carry significantly lighter penalties than major breaches involving malicious intent or substantial harm.
3. Public Interest Defense: Implement a public interest defense for individuals engaging in security research or whistleblowing activities that may unintentionally violate the CFAA. This would encourage transparency and innovation while protecting those acting in good faith.
These changes would foster a more balanced approach to cyberlaw, ensuring that individuals are appropriately held accountable for serious offenses while protecting those who contribute positively to cybersecurity.
Conclusion
The proposed reforms for the Computer Fraud and Abuse Act are necessary for creating a more just legal framework that balances the need for security with individual rights. By clarifying terms, implementing proportional penalties, and recognizing public interest defenses, lawmakers can mitigate the risk of overreach while preserving the act’s essential protective functions. Adoption of these proposals will not only enhance legal clarity but also promote an environment conducive to innovation and responsible cybersecurity practices. Through concerted efforts from legislators, legal experts, and stakeholders in the tech community, we can ensure that the CFAA evolves alongside our rapidly changing digital landscape.
Through this analysis of the CFAA, we can appreciate its critical role in cyberlaw while advocating for reforms that would uphold justice and encourage technological advancement. As we move forward into an increasingly digital future, it is imperative that our laws adapt accordingly, fostering both security and innovation.
