Cybertelecom Federal Internet Law & Policy An Educational Project

Virginia

Cybercrime

§ 18.2-152.3 . Computer fraud; penalty.

Any person who uses a computer or computer network, without authority and:

1. Obtains property or services by false pretenses;

2. Embezzles or commits larceny; or

3. Converts the property of another;

is guilty of the crime of computer fraud.

If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.

§ 18.2-152.6 . Theft of computer services; penalties.

Any person who willfully obtains computer services without authority is guilty of the crime of theft of computer services, which shall be punishable as a Class 1 misdemeanor. If the theft of computer services is valued at $2,500 or more, he is guilty of a Class 6 felony.

Municipal Broadband

• Public Internet
• Alexandria (Old Town Tourist Area) Provided by City of Alexandria
• Alexandria shuts down free wireless hot spot, Examiner 8/29/2007
• Alexandria, Virginia issues RFP for citywide Wi-Fi network, Muniwireless 6/2/2006
• City Press Release Aug 2, 2005
• When trash talks: embracing wireless technology, GCN April 6, 2005
• Alexandria Goes Wireless, Wash Post Editorial June 16, 2005
• The Web Is in the Air Wash Post June 10, 2005
• City of Alexandria Launches "Wireless Alexandria" Gov Tech Aug 2005
• Arlington
• Arlington Wireless Hotspots
• Arlington Information appears out of date, as in, more of the network appears online that this information indicates. Earthlink Service Provider Wifi : - Mr. Donald Berryman Earthlink, State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006
• Arlington County selects EarthLink, MuniWireless 4/5/2007

VoIP

• Trials and Market Deployment
• Cox Digital Telephone in Roanoake VA launched Dec. 2003 Major MSOs Prepare for Full  Scale Rollouts of VoIP Service VoIP News Nov 2003; Cablecos Set Sights on VoIP, Xchange February 1, 2004; Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004; Merrill Lynch, Everything Over IP (March 12, 2004)

SPAM

• Virginia’s anti-spam statute, 18 Va. Code § 18.2-152.3:1
• 062388 Jaynes v. Commonwealth 09/12/2008 " In a prosecution for violations of Code § 18.2-152.3:1, the unsolicited bulk electronic mail provision of the Virginia Computer Crimes Act, the circuit court had jurisdiction over the person of the defendant, and defendant had standing to raise a First Amendment overbreadth claim as to the statute. Because Code § 18.2-152.3:1 is overbroad on its face, prohibiting the anonymous transmission of all unsolicited bulk e-mails - including those containing political, religious or other protected speech - the judgment of the Court of Appeals upholding the defendant's convictions is reversed and those convictions are vacated. "

Cable Open Access

• Bova v. Cox (filed WDVA 2001)
• "On February 6, 2001, plaintiffs Kimberly D. and William L. Bova, on behalf of themselves individually and a putative class of subscribers, sued Cox in United States District Court for the Western District of Virginia. The putative class includes persons outside of California, Nevada, Arizona and Idaho who on or after November 1, 2000 purchased broadband Internet access services from Cox and paid a franchise fee on those services. The suit asserts that the collection of franchise fees by Cox from its broadband Internet access service subscribers outside of the Ninth Circuit is unlawful under the Telecommunications Act of 1996 and seeks restitution of all such fees collected. Cox's response to the complaint is due March 19, 2001. Cox intends to defend the remaining actions vigorously, though the outcome cannot be predicted at this time. "  COX Annual Report 2000.