Deck 4: Cybercrime Law: a United States Perspective

Question 1

Which of the following rights is not explicitly mentioned in the US Constitution?

A) Right of the people to keep and bear arms
B) Right of personal privacy
C) Right of the people peaceably to assemble
D) Right to a speedy and public trial

Answer 1

B

Question 2

Under the CFAA, it is a Federal crime to knowingly transfer, possess, or use a means of identification of another person without being authorized, with the intent to commit or to aid or abet any unlawful activity. The session that addresses this is:

A) 1028(a)(5)
B) 1028(a)(6)
C) 1028(a)(7)
D) 1028(a)(8)

Answer 2

C

Question 3

The legislation that made the theft of trade secrets a Federal crime was

A) The Lanham Act
B) The Economic Espionage Act
C) The Child Pornography Protection Act
D) None of the above

Answer 3

B

Question 4

All cybercrimes can be addressed using existing laws.

Question 5

Long-arm statutes enable US states to enforce their laws on out-of-state individuals or organizations.

Question 6

A single photograph can be deemed acceptable in California and obscene in
Tennessee.

Question 7

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

Question 8

In those states with legislation addressing computer forgery, contraband in the form of "forgery devices" may include:

A) Computers
B) Computer equipment
C) Specialized computer software
D) All of the above

Question 9

Which state does not have a law prohibiting simple hacking - gaining unauthorized access to a computer?

A) California
B) Texas
C) Washington
D) None of the above

Question 10

The term "computer contaminant" refers to:

A) Excessive dust found inside the computer case
B) Viruses, worms, and other malware
C) Spam e-mails
D) Nigerian scam e-mails

Question 11

Which of the following is not a consideration in determining "fair use" of copyrighted materials?

A) The purpose and character of the use
B) The amount and substantiality of the portion of the copyrighted work used
C) The expense involved in creating the original material
D) Effect on the potential market for the work

Question 12

Under the CFAA, the provision that is used to prosecute those who create or spread viruses, worms, and other malware is:

A) 1030(a)(5)(A)
B) 1030(a)(5)(B)
C) 1030(a)(5)(C)
D) 1030(a)(5)(D)

Question 13

In the case of New York v. Ferber, in 1982, the Supreme Court defined child pornography as:

A) Sketches from the imagination or literary descriptions of children engaged in sexual activities
B) Visual depictions of sexual conduct by children or by persons who look younger than their actual age
C) Works that visually depict explicit sexual conduct by children below a specified age
D) Any public or private materials depicting children engaged in sexual activities no matter the medium

Question 14

Compelling a suspect to reveal passwords to provide access to encrypted media is considered to fall under the:

A) Second Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Seventh Amendment

Question 15

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

Question 16

Which of the following occurred most recently?

A) Communications Decency Act (CDA)
B) Ashcroft v. American Civil Liberties Union
C) Child Online Protection Act (COPA)
D) Reno v. American Civil Liberties Union

Question 17

The definition of a "protected computer" is, according to the CFAA:

A) A computer that is used exclusively by a financial institution or the Federal government.
B) A computer that is used non-exclusively by a financial institution or the Federal government and the crime affects that use.
C) A computer that is used in state or foreign commerce or communication.
D) All of the above.

Question 18

In the US, to enforce a judgment over a defendant, a court must have which of the following?

A) Subject matter and personal jurisdiction
B) General and limited jurisdiction
C) Diversity and long arm jurisdiction
D) None of the above

Question 19

What is one of the most complex aspects of jurisdiction when the Internet is involved?

A) Arranging to travel to remote locations to apprehend criminals
B) Determining which court can enforce a judgment over a defendant
C) Finding a court that is in two states
D) Finding a federal court that can hear a civil suit

Question 20

The Miller test takes which of the following into account when determining if pornography is obscene?

A) It appeals to the public interest
B) It depicts sexual conduct in a patently offensive way
C) It lacks any monetary value
D) All of the above

Question 21

The US Fourth Amendment prohibits employers from unauthorized searches and seizures of their employees.

Question 22

The US Electronic Communications Privacy Act prohibits employers from unauthorized searches and seizures of their employees' electronic communications.

Question 23

The US First Amendment protects obscenity but not child pornography.

Question 24

In the US, the government does not require a search warrant to observe an individual's home from outside its walls using "radar-based through-the-wall surveillance systems."

Question 25

In the US, the government does not require a warrant to search through garbage/rubbish bags left outside of an individual's home.

Question 26

Privacy is a clearly defined concept according to US law.

Question 27

Copyright law does not prohibit individuals from downloading digital copies of protected materials without paying because it is considered fair use.

Question 28

In the US, the government may require a warrant to search a public area.

Question 29

Virtual child pornography is illegal under UK law but not US law.

Question 30

The Fourth Amendment addresses the citizens' right to bear arms.