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Draft 3 Page Paper Analyzing Cybersecurity Law Issues in a Work of Fiction.

Introduction

Fans of the Netflix show “Mr. Robot” have been fascinated by its realistic and suspenseful picture of the world of cybersecurity and the effects of hacking. The show’s complicated plot and morally unclear characters create major legal and moral problems that make viewers rethink basic rights and civil freedoms in the digital age. Specifically, we will look at three main issues that are important to the show’s main themes: the limits of the First Amendment’s protection of free speech for hacktivism and cyber protests, the limits of the Fourth Amendment’s protections against unreasonable searches and seizures; and the problems with using the old Computer Fraud and Abuse Act (CFAA) to prosecute cybercrime. These problems get to the heart of how technology, privacy, security, and the government work together in the 21st century.  

Freedom of Speech and Hacking

The right to free speech protected by the First Amendment becomes a major intellectual fight in “Mr. Robot” (Chen). Many of the show’s hacker main characters are shown to be modern-day digital rebels and activists who use their amazing technical skills to reveal corporate and government corruption while also trying to break down the establishment’s oppressive structures. One great example is the character Elliot Alderson, who is a clever computer engineer by day and a vigilante hacker at night. In the first season’s last episode, Elliot teams up with the mysterious underground hacker group “fsociety” to launch a cyberattack on the data of the trillion-dollar multinational conglomerate E Corp, which is a clear allusion to real-life corporate giants. Fsociety’s clear goal is to restart the world’s financial system by erasing all consumer debt records. This will redistribute wealth and destroy capitalism itself (Mr. Robot). The show makes society’s goals seem sympathetic and even brave as they fight against corporate greed and the established power structure, but the ways they do this are illegal. Their huge distributed denial of service (DDoS) attack and other system intrusions against E Corp involve hacking, data theft, and illegal access to computer systems, all of which are major crimes (Mr Robot). One of the main issues that “Mr. Robot” brings up about the First Amendment is this story dissonance: how far do hacktivism, cyber civil disobedience, and digitally-enabled protests fall under the constitutional umbrella of free speech? (Chen). What happened in the show had huge effects, but were the hackers’ acts a form of free speech or cyberterrorism? This difference between the two things shows how new tools make the law unclear.

Privacy and Freedom from Searches and Seizures

“Mr. Robot” also talks about privacy and the Fourth Amendment, which says that searches and arrests must be lawful. In a moving scene, Elliot’s hacker coworker, Darlene, shows how the NSA’s PRISM program has gathered much personal information about regular people without orders or due process. This shocking news shows how much the government meddles in people’s digital lives, which is very scary (Mr Robot). Scenes like this show how governments and businesses often spy on people in broad, intrusive ways in the name of national security, gradually taking away people’s basic private rights. On the other hand, the main characters use their hacker skills to get around these widespread monitoring programs and show how the powerful are abusing their power. For example, Elliot often breaks into the computers of E Corp leaders and other shady people to find out what they are doing wrong and how they are working with others to do it (Mr. Robot). People see him as a brave digital avenger fighting for truth and justice, but breaking into private networks violates the Fourth Amendment, which says that searches and seizures must be lawful. The show’s interesting plot conflicts centre around this fight between real and imagined security needs and personal privacy rights.

Unauthorized Access To Computer Systems

The Computer Fraud and Abuse Act (CFAA) is a key law that makes hacking actions like those shown in “Mr. Robot” clearly illegal (Soullier 242). The CFAA makes it illegal to enter computer systems without permission and punishes people who do this harshly. Throughout the series, it’s easy to see how the main characters’ constant hacking into private networks and data stores breaks the CFAA’s rules. For example, Elliot plans to hack Steel Mountain, an extremely secure underground data storage facility, to install harmful software that will be used to launch society’s disastrous attack on the world’s financial system (Mr. Robot). While his goal is seen as a good one—to make way for an anti-capitalist, debt-forgiving revolution—this sneaky entry into the system without permission breaks the CFAA’s strict rules. The show does a good job of pointing out the gaps and unclear language in the old CFAA laws that try to define and restrict illegal hacking. The main hackers, like Elliot and fsociety, see themselves as modern cyber-freedom fighters and folk heroes. But legally, what they’re doing is a major federal cybercrime offence under the CFAA’s broad terms (Soullier 256). In this age of digital revolution, this contrast highlights the heated arguments in policy circles about how to quickly change and update the Act to better define and account for the subtleties of ethical hacking, security research, and civil disobedience goals.

Conclusion

“Mr. Robot” is an exciting TV show that looks at important law problems related to technology very interestingly. The show’s hacker main characters are subversive, anti-establishment heroes, which makes viewers think about the First Amendment’s free speech rights for digital action and civil disobedience from different points of view. It makes even more assumptions about privacy rights by showing how widespread government and business spying is at odds with the Fourth Amendment’s rules against unreasonable searches. Lastly, the show shows how the old Computer Fraud and Abuse Act doesn’t do a good job of describing and prosecuting hacking in a time when technology changes so quickly. Through its dark and intriguing story, “Mr. Robot” ultimately serves as an important starting point for conversations about how to adapt laws and civil rights to our digital future. As we try to find a balance between security and basic rights and freedoms, we need to keep an eye on the problems it brings up about free speech, privacy, and illegal computer access.

Works Cited

Chen, Daniel L., and Susan Yeh. “How do rights revolutions occur? Free speech and the first amendment.” (2020). https://papers.ssrn.com/Sol3/papers.cfm?abstract_id=2928177.

Mr. Robot. Directed by Sam Esmail, Esmail Corp et al. 2015

Soullier, Benjamin A. “Decriminalizing Trivial Computer Use: The Need to Narrow the Computer Fraud and Abuse Act (CFAA) After Van Buren.” Federal Communications Law Journal 76.2 (2024): 239-269. https://go.gale.com/ps/i.do?id=GALE%7CA781611784&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=01637606&p=AONE&sw=w&userGroupName=anon%7Ee7d65ec2&aty=open-web-entry.

 

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