Infosys 204
Written Assignment #4
The Opinion
In 1994, Brian Corcoran was convicted under Wisconsin’s criminal code for committing various computer crimes. He appealed his conviction in federal court in 1997, but the court, in an opinion by Chief Judge Richard A. Posner, turned down Corcoran’s appeal. The statute has not been amended in any material way since Corcoran’s conviction, and there was no published legislative history at the time of its passage.
There are three documents attached to this assignment:
1. The opinion in Wisconsin v. Corcoran, 186 Wis. 2nd 616 (Wis. App. 1994). (Corcoran’s failed appeal in state court.)
2. The opinion in Corcoran v. Sullivan, 112 F.3d 836 (7th Cir. 1997). (Corcoran’s failed appeal to federal court.)
3. The Wisconsin Computer Crimes law, Wis. Stat. § 943.70 (2002). (The statute under which he was convicted.)
Read all three documents and make sure you understand (as well as possible) the sequence of events that led to Corcoran’s conviction.
Imagine that Corcoran has appealed his case to the U.S. Supreme Court and that you have been hired either as Corcoran’s attorney or as the attorney for the State of Wisconsin, whichever you prefer. Write a 10-12 page brief arguing your side of the case to the Supreme Court, supporting or criticizing the two lower court opinions (that of the Wisconsin court of appeals and the Seventh Circuit court of appeals) in terms of any or all of the relevant readings so far in IS 204. You may if you like do outside research and include it in your paper, but it is not necessary. Regardless of the materials you choose to cite, make certain you cite them properly either in footnotes, endnotes, or citations internal to the text of your paper.
Note: Do not
worry about any headings, jurisdictional statements, standards of review, or other
bona fides that would ordinarily be included in a brief for the Supreme
Court. All I am looking for is the
argument portion of the brief. In other
words, I want you to argue vigorously on behalf of your position, including
pre-emptive responses to the arguments likely to be made by opposing counsel.
Your brief should answer the following questions, although you may organize your paper any way you like (including using the questions below as an outline):
(1) What was the relevant sequence of events (“the transaction”) that led to Corcoran’s being indicted and convicted?
(2) Did the judges in either or both courts understand the transaction fully? What relevant facts did they miss or misunderstand, if any?
(3) Based on your understanding of commercial law and intellectual property law, was the Wisconsin Court of Appeals correct to uphold his conviction? Was the Seventh Circuit correct to deny his constitutional challenge to his conviction? Why or why not? (Argue as many alternate grounds for affirmance/reversal as you think relevant.)
Though these would not ordinarily be part of a
brief, include in your paper answers to the following additional questions:
(4) In what ways could Corcoran have avoided prosecution had he taken IS204? Was there any material you have studied in the course that he does not reference that might have helped him avoid conviction or get his conviction overturned?
(5) Do the two opinions and/or the Wisconsin statute reflect any institutional limitations of courts and legislatures respectively in dealing with problems at the intersection of information technology and law?
Please re-read the Memos on both Assignment #1 and Assignment #2 before you begin writing. Pay close attention to footnoting format if you use footnotes or endnotes.
Due Date: Thursday, October 16, 2003.