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Are Programmers Liable If Hackers Misuse Software?

In 2012, Taylor Huddleston created what is known as a remote management tool, a piece of software that allows users to remotely log keystrokes, download stored passwords, turn on the web cam, access files, and watch a computer screen in real time. Designed, he says, to help low-income users who couldn't afford more expensive remote-access programs monitor online activity for safety reasons, NanoCore was going to be Huddleston's ticket out of a trailer he lived in on his mother's property and into a real house. And it worked -- Huddlestone sold NanoCore and another piece of software called Net Seal and was able to buy a $60,000 home. But FBI agents and police raided that home last December, and are now charging Huddlestone conspiracy and aiding and abetting computer intrusions, for all the times hackers used NanoCore to commit crimes. Illegal IT So should Huddlestone be criminally liable if he didn't intend his software to be used for hacking? His attorney, Travis Morrissey, likens the case to firearms manufacturers: "Everybody seems to acknowledge that this software product had a legitimate purpose," he told the Daily Beast. "It's like saying that if someone buys a handgun and uses it to rob a liquor store, that the handgun manufacturer is complicit." Thus far, courts haven't held firearms makers liable for criminal acts committed with their products, but computer crimes laws are written a bit differently. One factor might be where Huddlestone chose to market his software: HackForums.net. As the Daily Beast points out: It would soon become clear that it was a terrible place to launch a legitimate remote administration tool. There aren't a lot of corporate procurement officers on HackForums. Instead, many of Huddleston's new customers had purely illicit uses for a slick remote access tool. Illegal Intent? Huddlestone quickly found out what his buyers were using the software tool for, and, to his credit, attempted to curb illegal activity using NanoCore: In short order, Huddleston found himself routinely admonishing people not to use his software for crime. "NanoCore does not permit illegal use," he wrote in one post. In another, "NanoCore is NOT malware. It is intended to be used legitimately and I don't want to see words like 'slave' and 'infect.'" Huddleston backed his words with action. Whenever he saw evidence that a particular buyer was using the product to hack, he'd log in to Net Seal and disable that user's copy, cutting the hacker off from his infected slaves. But these efforts may not be enough. By then the cat was out of the bag and hackers were trading in copies of NanoCore that bypassed Huddlestone's disabling efforts. Now, he's looking at jail time for making a product he thought would help people. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw's Lawyer Directory) Programmer Faces Federal Charges for Creating Software Used by Hackers (ABA Journal) What Are the Criminal Penalties for Hacking? (FindLaw Blotter) When Is Computer Hacking a Crime? (FindLaw Blotter)
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NYPD Nabbed Over 3,000 Guns in 2016

The New York Police Department announced that it has seized over 3,000 guns so far this year, and over 1,000 of those will remain off the streets for good. The NYPD says its Field Intelligence Officers' haul is the highest in the last three years. So what happens with all those weapons now? Big Iron According to the New York Daily News, the police used to dump seized guns in the Long Island Sound, but Deputy Commissioner for Support Services Robert Martinez says the department now takes the weapons to an "undisclosed location, to either be melted down or "stamped into oblivion." The Daily News also reports that scrap metal from the guns can be recycled for other uses. "These guns will never again be used to hurt somebody or threaten the quality of life of the good people of this city," Police Commissioner James O'Neill said. "This is the end of the iron pipeline. This is the last you'll see of these guns." A total of 1,995 handguns and 426 rifles are slated for destruction, 1,158 of which were used in felonies, 12 in misdemeanors, and 485 were acquired through the NYPD's gun amnesty program. Little Problem Not everyone is pleased with the NYPD's plan for the weapons, however. The National Rifle Association is pushing back on gun destruction efforts, and has even successfully lobbied some states to pass laws that require police agencies to sell seized firearms instead. "Most departments are strapped for funds as it is," the gun lobby said, "to cut off the potential cash flow for the sake of making some social commentary is short-sighted at best ... Firearms should be treated the same as boats, jewelry or any other confiscated asset and sold at auction." Commissioner O'Neill was not swayed. "Why on Earth would we do that? We went to a lot of hard work to get these guns off the street." Related Resources: Charged with a crime? Get your case reviewed for free now. (Consumer Injury - Criminal) Guns Around the Country: Tougher State Laws Linked to Fewer Shooting Deaths (FindLaw Blotter) Obama's Executive Action on Gun Control: What It Means (FindLaw Blotter) When Can Police Legally Seize Guns? (FindLaw Blotter)
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DUI and Immigration Status

The last thing you want to do if you are applying for citizenship is get a DUI. Even if you're in the country legally on a visa or green card, immigration officials may deport you or downgrade your status on the basis of a criminal conviction, especially for a felony. Here's what you need to know about a how a DUI conviction could affect your immigration status. DUI and Deportation If you are a foreign national, a DUI might not necessarily lead to deportation. The U.S. Citizenship and Immigration Service (USCIS) generally considers a number of factors with regard to the penalties faced by an immigrant to the U.S., and deportation is generally reserved for aggravated felonies like battery, theft, filing a fraudulent tax return, and failure to appear in court. Of course, if your DUI is charged as a felony, you could run the risk of deportation. A DUI could become a felony if you have had prior DUI convictions, had an extremely elevated blood alcohol concentration, had children in the car, were driving on a suspended or revoked license, or caused death or injury in a car accident. Status Update Even if you do not get deported, your immigration status could be altered after a DUI conviction. If you're a legal permanent resident, you could be deported or detained during removal proceedings, or be barred from becoming a naturalized citizen in the future. Refugees and asylees could be deported after a criminal conviction, even if they would be in grave danger in their home country, and a conviction may result in the inability to obtain legal permanent resident status.Non-citizens with temporary lawful status (including individuals with nonimmigrant visas and those with temporary protected status) could lose that status and be removed from the country for any felony conviction or two or more misdemeanor convictions. And because undocumented immigrants are not authorized to be in the U.S., any criminal offense can result in deportation. In some legal proceedings, like immigration or deportation proceedings, even an expungement of a DUI may still be considered as proof of a prior conviction. To know for sure how a DUI will affect your immigration status, contact a local DUI attorney today. Related Resources: Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury) Can Your U.S. Citizenship Be Revoked? (FindLaw's Learn About the Law) Can a Guilty Plea Affect My Immigration Status? (FindLaw's Law and Daily Life) Which Crimes Can Get Legal Immigrants Deported? (FindLaw Blotter)
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Juvenile Carjacker Arrested Twice in 48 Hours

Last week, a juvenile carjacker in New Jersey made headlines for being arrested twice within 48 hours for two separate carjacking incidents. Police released the minor into the custody of a relative after his arrest on a Friday for carjacking, and on Sunday, the teen was rearrested for another carjacking. The juvenile carjacker, surprisingly, is only 13 years old. Fortunately, there were no injuries as a result of his actions, however, police have linked an additional two to three car thefts from surrounding communities to the young suspect. Penalties for Juvenile Carjacking While criminal laws vary from state to state, juveniles can face very serious penalties for carjacking. The penalties can become exponentially worse if a weapon, or gun, is involved. Additionally, older juveniles may be charged as adults. While some juvenile offenses may be summarily dealt with if they are minor, or offenses that relate to the minor's age (such as possession of alcohol or tobacco), carjacking, especially when a weapon is involved, is not one of these. Unlike a joyriding charge, which can be charged as a misdemeanor in some jurisdictions, when a carjacker physically removes the driver of a vehicle by force and takes the keys and car, the likelihood is that even a juvenile will be charged with a felony. When a carjacker does not intend to permanently deprive the vehicle owner of possession, a joyriding charge may still apply, however, the act of stealing the car directly from the victim's possession will likely impose additional charges. Recent Trends Over the past few months, there have been several news stories across the country involving juvenile carjackings. The story out of New Jersey comes after a brutal story out of Oakland, California, where four juveniles punched an old lady and stole her vehicle. A month prior to that, a nearby city saw not only a juvenile carjacking, but it led to a high-speed pursuit, ending in a crash and arrest. In Denver, a juvenile carjacker that was fleeing from police was shot in the leg. Carjacking is a serious criminal offense that can land a juvenile in adult prison. Due to the fact that it involves more than simply taking the car, but potentially assault and/or battery (with or without a weapon), the charges tend to more serious than simply joyriding. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Juveniles and Age ("Status") Offenses (FindLaw's Learn About the Law) Shooting at George Zimmerman Illegal, Florida Man Learns (FindLaw Blotter) BB Guns Are Not Firearms, Minnesota Supreme Court Rules (FindLaw Blotter)
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Shooting at George Zimmerman Illegal, Florida Man Learns

George Zimmerman, the garbage human infamously acquitted in the homicide of Trayvon Martin, became the victim of a shooting himself last year, in an apparent road rage incident. The man who shot at Zimmerman, Matthew Apperson, was convicted of attempted second-degree murder last month, and last week was sentenced to 20 years in prison. The irony is that Zimmerman himself was charged with second-degree murder in Martin's death, and was perhaps fortunate his victim wasn't around to testify at his trial. Road Rage For his part, Zimmerman testified that Apperson was following him in May 2015, flashing his lights and honking his horn. Apperson then pulled up alongside Zimmerman's car and opened fire, bullet shattering his window and narrowly missing its intended victim. Apperson disputed that account, saying it was Zimmerman who threatened him, and he was acting in self-defense. "Mr. Apperson pulled that trigger and didn't care. In fact, he joyfully bragged about killing me and said, 'I got him. I shot George Zimmerman,'" Zimmerman told the jury during sentencing. "He thought he had killed me, and he was happy about it." Zimmerman thanked jurors for convicting Apperson, adding, he "showed absolutely no care for human life." Outrage It's not hard to see why someone might have wanted to take a shot at Zimmerman. Aside from the Martin shooting, Zimmerman was charged with resisting arrest and battering a police officer, accused of domestic violence by an ex-fiancé, accused of molesting his cousin, pulled over speeding through Texas with a firearm, accused of domestic violence by his then wife, charged with aggravated assault for pointing a shotgun at his then girlfriend, and arrested and charged with aggravated assault for throwing a bottle at his then girlfriend. He has had multiple restraining orders issued against him, and had a defamation suit he filed against NBC thrown out. His latest brush with the law may have others believing that justice takes many forms. Related Resources: George Zimmerman Shot In Face (FindLaw Blotter) Zimmerman's Wife Shellie Files for Divorce: Reports (FindLaw's Law and Daily Life) Zimmerman a 'Manipulator,' But Out of Jail Again (FindLaw Blotter) Zimmerman Trial: Opening Statements Shouldn't Be Stand-Up Comedy (FindLaw's Strategist)
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Can the President Bypass Congress on Gun Control?

Gun control advocates have long sought to close the so-called gun show loophole that allows people to buy firearms without submitting to the same background check requirements imposed on licensed dealers. But congressional attempts at passing such legislation have thus far been fruitless. So President Barack Obama may decide to take matters into his own hands. The Los Angeles Times is reporting that the Obama administration is considering the use of an executive order to expand background checks on gun sales. How do these orders work? And can the president really pass gun control laws without congressional approval? Going Solo It's no secret that Obama wants stricter gun controls. The president pushed for expanded background checks after the Sandy Hook Elementary School shooting three years ago, but that legislation died in the Senate. He tried again after the Umpqua Community College shooting in October, but measures for more background checks and bans on sales to people on the government's anti-terrorist "no fly" list both failed. Now the White House is looking to circumvent the legislature altogether. According to reports, officials have been working on an executive order that would use existing laws to require all (or nearly all) gun purchases to be cleared by the same background check system.While the order has not been finalized, Obama is said to be looking at expanding license requirements by defining what it means to be "in the business" of dealing guns -- those deemed in the business are required to perform background checks while those that aren't don't. If occasional sellers like those at gun shows are required to obtain a license to sell firearms it would also expand background check requirements. Chief Executive Order Leaving to one side the question of whether tougher gun control laws will lead to fewer shooting deaths (even though evidence suggests that they do), the issue becomes whether this exercise of presidential power is even legal. An executive order is a policy statement that interprets and directs the implementation of existing federal statutes, congressional provisions, or treaties. Executive orders aren't so much new laws as they are changing or clarifying the policy on existing laws, and generally aren't used without some congressional approval. And executive orders are still subject to judicial review for constitutionality. Hence Obama's delay in formally announcing or implementing an executive order on gun control. Despite his desire to make it more difficult for violent people to purchase firearms, drafting an order that will accomplish that and appease enough congresspeople to be successfully implemented may prove as politically intractable as the legislature. Related Resources: Obama Looks to Expand Background Checks for Gun Sales (Time) Obama's Gun Proposals Target Mental Health Too (FindLaw's Law and Daily Life) Will Obama's Executive Order on Student Loans Pay Off for You? (FindLaw's Law and Daily Life) Obama's Executive Order on Immigration: 5 Things You Should Know (FindLaw's Law and Daily Life)
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When Can Kids Legally Own, Shoot Guns?

Firearm enthusiasts who may also be parents or grandparents should be aware that the laws regulating the ownership, possession, and use of guns by kids are often different from the laws for adults. These rules are also facing increased scrutiny following a fatal accident at an Arizona gun range in which a nine-year-old girl shot an instructor in the head when she lost control of a fully automatic Uzi submachine gun, reports the Las Vegas Review-Journal. What are the rules for when kids can legally own or shoot a gun? Is it Legal for Kids to Have a Gun? Both federal and state gun laws typically distinguish between long guns, such as rifles and shotguns, and handguns. Under federal firearms law, licensed firearm dealers may not sell a handgun to anyone under age 21, or sell a long gun to anyone under age 18. Unlicensed individuals may not sell, deliver, or permanently transfer (such as giving a gun as a gift) a handgun to anyone they have reasonable cause to believe is under age 18, but there is no minimum age for selling, delivering, or transferring a shotgun or a rifle for individuals not licensed as a firearm dealer under federal law. Know someone who has been arrested or charged with a crime? Get in touch with a knowledgeable criminal defense attorney in your area today. There is also no minimum age for possession of a long gun under federal law. However, those under 18 are prohibited from possessing handguns or handgun ammunition, except if doing so in the course of employment, in the course of ranching or farming related activities, for target practice, hunting, or during the course of instruction in the "safe and lawful use of a handgun." In addition to federal laws, individual states each have their own laws regulating the possession and use of firearms, which may affect the legality of a minor's ability to own or possess a firearm. Is it Legal for Children to Fire Guns at Gun Ranges? Many states choose not to further restrict the temporary transfer of firearms to minors for use in target practice or firearm safety training allowed by federal firearms law. These exceptions to the general rules for firearm possession by minors have led to something of a cottage industry in some states. One Texas gun range even opened up two rooms for hosting children's birthday parties. In Arizona, the state in which the nine-year-old girl inadvertently killed her shooting instructor with an Uzi, state law allows for the temporary transfer of firearms to minors by firearms safety instructors or by another adult accompanying a minor in hunting or target shooting activities -- so long as the child's parents give consent. And though the incident in Arizona was tragic, the Mohave County Sheriff's office told the Las Vegas Review-Journal that no citations or charges will be filed in the incident Related Resources: 9-year-old girl accidentally kills gun instructor with Uzi (San Jose Mercury News) Legal to Bring Your Gun to Work? (FindLaw's Law and Daily Life) 5 BB Gun Laws You Need to Know (FindLaw's Blotter) Does Ga.'s New Gun Law Expand 'Stand Your Ground'? (FindLaw's Blotter)
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