1 Please look at Agrawal again, while recognizing that the facts are close to the Aleynikov case. What was the governments position in Aleynikov? Is this a logical argument? In Agrawal, what does the Second Circuit say? Discuss whether there is the poor fit between the EEA and a computer program.

2 For criminal copyright laws: What is the role of the criminal law in enforcing laws designed to control access to information? Was it appropriate for the government to go after a case of Internet theft? What about criminal copyright? Why would you feel that there is a difference?