Case 3:18-cr-04683-GPC Document 427-1 Filed 05/17/22 PageID.6541 Page 1 of 2
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`Preliminary Jury Instructions –Factual Defintion Comparison Chart
`United States v. Bychak, 18cr4683-GPC
`Defense
`Government
`Proposal
`Proposal
`the
`the
`To help you
`follow
`To help you
`follow
`evidence, I will now give you
`evidence, I will now give you a
`a brief summary of the terms
`brief description of some terms
`that you will hear during this
`you will hear about in this
`case.
`case:
`
`These descriptions are not
`evidence and are only intended
`to help you
`interpret
`the
`evidence. If the facts as you
`remember them differ from the
`way I have described them,
`your memory of them controls.
`
`(IP)
`Protocol
`Internet
`Addresses are a series of
`numbers
`that
`identify
`a
`resource
`on
`a
`network.
`Computers use IP addresses to
`communicate with each other
`both over the Internet as well as
`on other networks. There are a
`finite number of IP addresses.
`
`A netblock is a range of IP
`addresses.
`
`Prop. Instr.
`Term
`1.2 Preamble
`
`
`IP Address
`
`Netblock
`
`IP
`Announcement
`
`(IP)
`Protocol
`Internet
`Addresses are a series of
`numbers
`that
`identify any
`device
`on
`a
`network.
`Computers use IP addresses
`to communicate with each
`other both over the Internet as
`well as on other networks.
`
`
`A netblock is a range of
`consecutive IP addresses.
`
`To announce an IP address
`means someone notifies the
`Internet
`that
`they
`have
`permission to use that IP
`address.
`
`Legal
`Basis
`FRE 403,
`9th Cir.
`Model
`Crim. J.
`Instr. 6.7
`
`
`
`FRE 403
`
`The announcement process is
`how IP addresses are activated
`and can have internet traffic
`routed
`to and from
`them,
`similar
`to having a phone
`number activated, which allows
`it to send and receive calls.
`Spam refers to commercial mail
`messages whose
`primary
`purpose is the advertisement or
`promotion of a commercial
`product or service.
`
`
`FRE 403
`
`FRE 403,
`18 U.S.C.
`§1037(d)(4),
`15 U.S.C.
`§7702(2)(A)
`
`Spam
`
`unsolicited
`is
`Spam
`commercial messages sent in
`bulk by email.
`
`Preliminary Jury Instruction Factual Definition Comparison Chart
`United States v. Bychak, et al., 18cr4689-GPC
`
`
`

`

`Case 3:18-cr-04683-GPC Document 427-1 Filed 05/17/22 PageID.6542 Page 2 of 2
`
`FRE 4031
`
`ARIN is the American Registry
`for Internet Numbers, which is
`one of five nonprofit regional
`Internet
`registries
`that
`administer the distribution of
`Internet number
`resources.
`ARIN was established in 1997.
`
`FRE 704,
` 403
`
`United
`States v.
`Bychak, 441
`F.Supp.3d
`1003, 1016
`(S.D. Cal
`Feb. 28,
`2020).
`
`
`FRE 402,
` 403
`
`1. Omit.
`
`2. Alternatively:
`A “registrant” of an IP address
`is the person or entity who has
`been assigned the IP address by
`ARIN, one of the other regional
`internet registries, or one of
`their predecessors, and whose
`information is stored and listed
`in
`the
`registry’s
`public
`database.
`
`1. Omit.
`
`2. Alternatively:
`The Spamhaus Project, also
`known as “Spamhaus,” is a
`nonprofit organization that
`tracks spam and provides
`spam-related information.
`
`ARIN
`
`Registrant
`
`Spamhau
`
`
`
`is
`
`the American
`ARIN
`for
`Internet
`Registry
`Numbers, which
`is
`the
`regional Internet registry for
`the United States that was
`founded in 1997. It is a non-
`governmental
`organization
`that manages the distribution
`of Internet number resources.
`
`IP
`A “registrant” of an
`address is the person or entity
`who has entered
`into a
`Registration
`Services
`Agreement
`(“RSA”) with
`ARIN.
`
`The Spamhaus Project is an
`international organization
`based overseas in the
`Principality of Andorra (a
`microstate on the Iberian
`Peninsula). Spamhaus was
`founded in 1998 and its self-
`proclaimed mission is to
`eliminate all forms of
`commercial email and
`identify companies and
`individuals it deems to be
`sending spam. Spamhaus is
`not a governmental or law
`enforcement agency. It does
`not operate in the United
`States and is not subject to
`American laws.
`
`
`1 See https://www.arin.net/about/ and https://www.arin.net/about/welcome/region/.
`Preliminary Jury Instruction Factual Definition Comparison Chart
`United States v. Bychak, et al., 18cr4689-GPC
`
`
`