Computer and Internet Fraud

Internet Cloud refers to all computers, servers & other devices connected together constituting a vast network known as Internet.

While Bandwidth is the rate of transmission of bits in a medium to access network. This is generally limited by Devices or by Service Providers.

Pious fraud in relation to the New Testament era and that of the early church refers to the practice of passing off a writing as that of someone else in order to give it added authority. People would choose the name of an authority such as an apostle in order to get their work have greater credibility. By definition, as the name suggests, such activity is by nature fraudulent . Since the early Christians were particularly careful about knowing who wrote what they made sure the correct titles were on all the works of the New Testament. In the second century AD a church officer was dismissed for passing off his otherwise orthodox work as that of the apostle Peter (who was of course dead by this time).

Allegations of pious fraud have frequently been made against various works of the New Testament canon. Often this is done without consideration of all the facts in an attempt to cast doubt upon the work itself. It must be remembered that works were not accepted unless the author was known for certain and this uncertainty was one of the factors which delayed the acceptance of the Book of Revelation for a time. THE BAPTISMAL FORGERY The contradictory "baptismal formulas," the simple "in the name of the Lord" of Peter in Acts, and the elaborated forgery of Matthew, "in the name of the Father, and of the Son, and of the Holy Ghost," are sufficiently branded with falsity in the preceding paragraphs, and may be dismissed without further notice. This "Trinitarian Formula" is most palpably a late forgery, never uttered by Jesus Christ; for the Holy "Trinity" was not itself officially invented until the Council of Constantinople, in 381 A.D.

THE FORGED GOSPEL ENDINGS "The conclusion of Mark (xvi, 9-20) is admittedly not genuine.

THE "WOMAN IN ADULTERY" FORGERY The CE. has admitted that the so-called pericope adulterae, was regarded as spurious until the Council of Trent, in 1546, declared it divine truth;

THE "LORD'S PRAYER" FORGERY As may be seen by mere comparison, the "Doxology" at the end of the Lord's Prayer in Matthew (vi, 13): "For thine is the kingdom, and the power, and the glory, forever. Amen," is an interpolation into the original text, and is omitted as spurious by the Revised Version;

THE "UNKNOWN GOD" FORGERY Paul's use of the pretended inscription on the statue on Mars' Hill, "To the Unknown God," on which is based his famous harangue to the Athenians: "Whom therefore ye ignorantly worship, him declare I unto you." This omits the truth, for the whole inscription would have been fatal to his cause.

THE FORGED EPISTLES, ETC. But the entire "Pauline group" is in the same forged class with Hebrews, says EB. after exhaustive consideration of the proofs, internal and external:

THE "EPISTLE OF PETER" FORGERIES THE "GOD MANIFEST" FORGERY THE "THREE HEAVENLY WITNESSES" FORGERY

for full text see link, "The Forged Gospel Endings"

InterestsExpectation Interest - putting the aggrieved party in as good as position as if the breaching party had performed (often money damages).

Reliance Interest - losses caused by reliance on the contract (often consequential damages).

Restitution Interest - having the interest restored to the aggrieved party (often in cases of fraud)

• Mitigating Damages

In all breach of contract situations, it is the duty of the aggrieved party to take steps to mitigate, or limit the damages as much as possible. He just cannot sit back and watch the damages accumulate.

Money DamagesMoney damages for a direct loss, one that is directly caused by the breach recoverable by the aggrieved party is the usual method of calculation. If there is something wrong with the new car, the buyer should get damages to compensate him for the loss of value. This is known as compensatory damages.

Loss of value is the difference between the value of the promised performance of the breaching party and the value of the actual performance. To calculate such damages, you can compare the value of the defective item as opposed to a proper item, or the extra costs involved to repair the item.

ex) Bought a car. The car has problem in the trasmission.

1) Loss of value: The less amount of the value of the car will be the damage

2) Cost of replacement: the trasmission replacement cost will be the damage

Loss of value plus incidental damages plus consequential damages minus any savings equals the compensatory damages.

ex) Towing the car that didn't work because of the transmission problem.

This can be a plus or minus depending on the difference of the situations.

ex) Couldn't go to work to handle the car situation and was not paid for the day.

• Good faith is important to have rescission as a remedy

ex) If the buyer of the problematic car drove the car to work it's ok. If he drove the car to entertain, it's not ok.

If the rescinding party has property of the other, he must restore that property to the other party undamaged. If he cannot, he cannot rescind, just sue for damages.

Equitable Remedies

Under special circumstances, the courts may order a contract enforced, rather than just awarding damages to the victimized party.

Such a contract must be unique and damages must be inadequate to put the innocent party in as good a position as if it would be performed. Examples, such as contracts for antiques, rare items, land.

It is up to the court to grant this remedy and it will not if:

1. Enforcement would be a hardship on the breaching party.

2. Not unique.

3. Adequate money award can be determined.

4. Illegal or fraudulent or unconscionable.

5. Where there was an unreasonable delay in bringing suit.

Contracts for personal services are never entitled to specific performance. (13th Amendment involuntary servitude).

ex) A model made material breach of a contract with an agency. She made a contract that has "extra ordinary clause." Still, the court ruled against the employer because every model had to sign the same clause. It was stunning rulling and that laweyers efforts to put those legal clauses back fired.

A court order compelling a party to do or not to do an action. In certain kinds of breach cases, specifically those involving personal service contracts, a court can issue an injunction preventing a star employee from joining a rival. Must be a unique and extroadinary person, such as a star athlete, entertainer. (But the employer can't make the employee come back.)

A contract may contain a provision in which the parties agree in advance to the damages to be paid in event of a breach. Such a clause is known as a liquidated damages clause.

Only if the damages set forth in the clause are reasonable (and not excessive) will such a clause be enforced. If the amount is excessive, it is deemed a penalty and rendered unenforceable.

A contracts with B to write a musical score for A's lyrics to a Broadway show for a sum of $100,000 by December 1. A clause that fixes damages of $500 for each day the score is late will probably be upheld.

If clause had damages of $10,000 a day it will be held void as a penalty. (And gets NOTHING!)

RestitutionThe act of returning the consideration to the aggrieved party. Usually, if one party totally or materially breaches the contract.

YOu can file charges of aggravated harrassment. This happened to me. I was eing stalked by a former boyfriend. He would not leave me alone! He called me about 50 times a day at work and showed up outside my job building after I'd get off work. So I filed harassment and stalking charges against him. He was arrested for about 2 weeks. Then when he came out of jail, he made up a story that I was the one harassing him! This was done to get me to drop my charges against him. But I did not. His plan did not work. The only thing that happened was that then, I got arrested! I was only held in the central booking building for 10 hours before I was released. Then I had to spend $3,500 dollars in lawyer fees to get the case dismissed because the court wanted to charge me with a vilolation! Alot of help the police was right? On the bright side, I had evidence that it was him who was excessively calling me. The detectives looked at my job phone records and saw all the calls had been coming in from "the stalker" He again was rearrested and remains in jail to this day. That happened last April. He now faces 1 1/2-3 years for stalking and harassing me.

In my case, the police intervention didn't really help me. It took $3500.00, one wrongful arrest and 10 hours of me sitting in jail plus 4 days I had to take off work. Too expensive.