Deck 5: Cybercrime Law: a European Perspective

Question 1

Forgery is an example of:

A) Computer assisted crime
B) Computer-related crime
C) Computer-integrity crime
D) Computer malfeasance crime

Answer 1

A

Question 2

Which of the following courts is located in France?

A) Court of First Instance
B) European Court of Justice
C) Le Conseil d'État
D) All of the above

Answer 2

D

Question 3

An example of a content-related crime would be:

A) Cyberstalking
B) Child pornography
C) Hacking
D) None of the above

Answer 3

B

Question 4

In the UK, it is legal to possess child pornography but illegal to distribute it to others.

Question 5

All cybercrimes can be addressed using existing laws.

Question 6

The EU Framework Decision makes illegal access to information systems (intentional, without right). Member states are required to ensure that this is:

A) Handled as a civil court issue
B) Punishable as a criminal offense
C) The responsibility of the owner of the computer system
D) Handled as a reprimand only

Question 7

The Netherlands claims universal jurisdiction for the crime of:

A) Attacks on the King
B) Transnational computer crimes
C) Terrorist network activity
D) Malware distribution

Question 8

The Council of Europe Convention on Cybercrime introduces three categories of computer offense. The most serious category is:

A) Computer-assisted crimes
B) Computer-related crimes
C) Computer-integrity crimes
D) Computer malfeasance crimes

Question 9

How do Europe and North America address the challenges of jurisdiction when a computer crime involves both continents?

A) Search warrants
B) Treaties
C) Presidential intervention
D) All of the above

Question 10

Jurisdiction claims may be based on:

A) Location of the perpetrator's computer
B) Location of the victim's computer
C) Location of intermediary computers
D) All of the above

Question 11

In the civil-law countries, such as the Netherlands, criminal law is "inquisitional" where:

A) The judge takes an active role in "finding the truth"
B) The judge takes a more passive role, with "truth-finding" assigned to prosecution and defense
C) The judge and attorneys from both prosecution and defense meet in private chambers to determine guilt or innocence.
D) The public serves as judge, with prosecution and defense presenting their case in a public forum.

Question 12

England became the first European country to enact a law to address computer crime specifically. This law - the Computer Misuse Act - was enacted in:

A) 1985
B) 1990
C) 1995
D) 2000

Question 13

In the UK, prosecution of child pornography falls under what Act?

A) The Protection of Children Act of 1978
B) The Crimes Against Children Act of 1996
C) The Council of Europe Convention on Cybercrime
D) None of the above

Question 14

Virtual child pornography is illegal under UK law.

Question 15

In the UK, downloading child pornography is equated with "making" illegal material according to the legal definition.

Question 16

The criminal justice systems in the EU and US work in essentially the same way.

Question 17

The English Sentencing Advisory Panel (SAP) categorized the increasing seriousness of child pornography material into five levels. Which of the following is considered the worst, level 5?

A) Sadism or bestiality
B) Sexual activity between children or solo masturbation by a child
C) Non-penetrative sexual activity between adults and children
D) Penetrative sexual activity between adults and children

Question 18

Hacking is an example of:

A) Computer-assisted crime
B) Computer-related crime
C) Computer-integrity crime
D) Computer malfeasance crime

Question 19

In Ireland, the Non-Fatal Offences Against the State Act of 1997 specifically addresses:

A) Computerized welfare fraud
B) Cyberbullying
C) Nigerian scams
D) Hacking

Question 20

In the UK, an application for a search warrant must include which of the following?

A) Reasonable grounds for believing that a crime has been committed
B) A specific description of the premises to be searched
C) Which law has been broken
D) All of the above

Question 21

In England, child prostitution and pornography are scheduled offenses to the English
Serious Crime Act 2007.

Question 22

In the EU, computer-assisted crimes consist of those crimes which cannot be committed in the absence of computers or computer networks.

Question 23

In the EU, content-related crimes relate to traditional offenses where computers are tools rather than targets but, unlike computer-assisted crimes it is the content of data rather than the result of an action that is the core of the offense.

Question 24

Data interference is the intentional "serious hindering without right to the functioning of a computer system."

Question 25

In the EU, crimes like illegal access, illegal interception, and data interference are categorized as computer-integrity crimes.

Question 26

In Irish computer crime law, jurisdiction is often integrated into the legislative section setting out the offense.

Question 27

European law is civil-based, whereas the common-law countries are considered an adversarial system.

Question 28

According to the CoE Convention on Cybercrime, it is not illegal to break into a computer provided the intruder does not cause any damage.

Question 29

"Online grooming" was criminalized by the Lanzarote Convention.

Question 30

Scotland has specific legislation addressing cyberbullying.